Exam 6: Contracting exam 3 Flashcards
What forums can protesters choose to file the protests?
- Agency
- Government Accountability Office (GAO)
- U.S. Court of Federal Claims
How long does an agency have to resolve a protest after its filed? GAO?
- Resolve protests within 35 days after the protest is filed (FAR 33.103)
- The GAO(Government accountability Office) has 100 calendar days to make a decision from the time a protest is filed or 65 days if the express option is used
When should the post award debriefing occur?
The debriefing should occur within 5 days after receipt of the written request.
What is Price reasonableness?
Price reasonableness is the determination that a price is consistent with what a prudent buyer would be willing to pay given market conditions and other factors
What are the 6 elements of a contract?
- Mutual Assent: Meetings of the Mind
- Consideration:Each party receives something of value and gives something of value.
- Capacity:In order to be legally bound to a contract, a party must have the capacity to understand and appreciate the terms of the contract
- Lawful Purpose:An Illegal contract WILL NOT BE ENFORCED!
- Certain of Terms: The contract terms must be unambiguous. Terms that MUST be clear and include the following:
- 1. Price. 2. Delivery schedule. 3. Quantity. 4. PWS/SOW - Form Provided By Law:Some forms are provided by law or statute; Contracts are written, oral, or implied
What are 3 types of authority?
- Express: KO
- Implied(COR): Contracting officer representative
- Apparent:Apparent authority not recognized in Government
What is a provision?
A written term or condition used only in solicitations and applies only before contract award.
What is a Clause?
A term or condition that is used in a Solicitation and a contract
You are required to put 2 provisions and 2 clauses in solicitations for commercial items:
How many provisions and how many clauses are required in solicitations for commercial items?
2;2
What is an unauthorized commitment?
An unauthorized commitment is an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government
What is a ratification?
The act of approving an unauthorized commitments by an official who has the authority to do so.
What is a PARC?
PARC(Principal assistant responsible for contracting): shall exercise the authority in coordination with the activity’s Chief Legal Officer
What are 2 contract modifications?
- Unilateral requires only contracting officer’s signature needed
- Bilateral Modifications Require the signature of the Contracting Officer and the contractor
What is contract administration?
- Contract administration involves those activities performed by government officials after a contract has been awarded.
- Which FAR part covers contract administration? 42
What is Post Award Orientation?
oWhen there are indications that the contractor lacks a clear understanding of the requirements in the contract
o Two major types of Post-Award Orientations:
–Letter – Can be used for less complex contract actions to meet the basic requirements of the orientation.
–Formal Conference – probably the best method. Allows face-to-face meeting to provide real time feedback to questions, concerns or issues.
What is Construction change?
Construction Change: Oral or written act or failure to act by Government official (in a position of authority) construed by contractor as having same effect as a written change order
How are claims exceeding 100K certified?
Any claim exceeding $100,000 shall be certified in writing by the contractor
How long does the KO have to resolve a claim?
After review of the claim and all associated facts to include legal review, the contracting officer has 60 days to issue a final decision
How long does the Contractor have to initiate a claim with the govt?
Contractor’s have 6 years to file a claim unless the parties agree to a shorter time period
What is ADR?
Alternative Dispute Resolution – Any type of procedure or combination of procedures voluntarily used to resolve issues in controversy
What is and example of Alternative Dispute Resolution (ADR) to resolve disputes?
Inform the KTR about “partnering
What is an Excusable Delay?
-Protect the contractor from sanctions for late performance when the event is:“beyond the control” of the contractor; without “fault or negligence” of the contractor; Unforeseeable
-Excusable delays cited in contract clauses:
ØStrikes
ØWeather
ØGovernment Acts (contractual or sovereign)
ØFloods
ØFires
ØEpidemics
ØFreight embargoes
ØActs of God — singular, unexpected and irregular visitation of a force of nature
What are In-scope and out of scope modifications?
An “in-scope” modification does not:
–Place an undue burden on the contractor
–Does not disrupt the competitive aspect
“Out-of-scope”:Cardinal changes: –Are not in scope –Should be the exception, not the rule –Are not prohibited -May require a J&A
What is a modification?
- A modification is a written order that changes the terms, price or other conditions in a contract.
- Only contracting officers are empowered to execute modifications on behalf of the Government.
How are small business terminations processed?
Through Small business adviser
What are 3 types of terminations?
Termination for Convenience – the exercise of the Government’s right to completely or partially terminate performance of work under a contract when it is in the Government’s interest “: contractor may benefit from the recoup
Termination for Default – the exercise of the Government’s right to completely or partially terminate a contract because of the contractor’s actual or anticipated failure to perform its contractual obligations
Termination for Cause – the exercise of the Government’s right to terminate a contract because of the contractor’s failure to deliver goods / services or otherwise breaches a COMMERCIAL contract
What is a No Cost Settlement?
When the price of the undelivered balance of the contract is less than $5,000, the contract should normally not be terminated for convenience but should be permitted to run to completion
Name 2 contract termination forms?
DD Form 1597: Contract Closeout Check-List
DD Form 1594 issued (contract completion statement)
What is required to begin the closeout of contract?
- Government accepts final delivery
- Government inputs final DD250 or SF1449
- Validation of quantity ordered & delivered
- Reconciliation between ordered and delivered items
- Perform initial review and remove excess funds
- Initiate DD Form 1597 and accomplish actions
What is the time-frame for closing out contracts?
- Simplified acquisition procedures – upon receipt of evidence of physical completion.
- Firm fixed price contracts (not using SAP) – six months after the receipt of physical completion.
- Contracts requiring settlement of indirect rates – 36 months after receipt of physical completion.
What is a claim?
Claim – A written demand or written assertion by one of the contracting parties seeking
What does the Contract dispute act 1978 state?
- Establishes procedures and requirements for asserting and resolving claims subject to the Act
- The Act also provides for:
ØPayment of interest on contractor claims
ØCertification of contractor claims
ØCivil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact
What is QASP?
quality assurance surveillance plan
When are Post award orientations necessary?
When there are indications that the contractor lacks a clear understanding of the requirements in the contract
What are delivery payments?
Delivery payment means a Government disbursement of monies to a contractor under a contract or other authorization after acceptance supplies or services by the Government
What are Contract finance payments?
-Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government
Which of the Contract financing payment types are least preferred?
(i) Advance payments Least preferred financing method
(ii) Performance-based payments; Preferred financing method
What is FAR 32?
Contract finance
What is FAR 49?
Termination
What is FAR 42?
CONTRACT ADMINISTRATION
What is FAR 43?
MODIFICATIONS
What is the Prompt Payment Act?
Obligation to pay every “proper invoice” within 30 days after its receipt14 days for construction
