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.
