exam1 Flashcards
a financial plan that spells out intended actions and the funding levels required for thie completion. Types includes: direct materials ___, indirect materials ___, capital expenditures ___ and operating expense ___ of each function
Budget
delivery timing, packaging, inventory levels, and risk
operational considerations
buying organizations long-term objectives and organizational strategy
Strategic
a legal entity that exists independently of its creators which has many rights given to individuals. A ___ may enter into contracts, buy and sell, ect
Natural Law?
the process of removing something from a location, typically the removal of scrap, surplus, excess, obsolete and waste item from an organization premises
disposal
the capacity to affect actions, behaviors or opinions, often without overt or apparent action
Influence
general statements about expected outcomes. they are targets set by management to give an organization direction
objectives
a request to suppliers to make submissions to a purchasing organization. one of the critical documents is the specification/SOW. generally called Invitations for proposal (IFP) in public sector and in negotiated procurement it is call an RFP or RFQ
Solicitation
the series of activities involved in obtaining necessary inputs for an organization. (1) determination and description of need; (2) communication of need; (3) identification of potential sources; (4) solicitation and evaluation of bids and proposals; (5) preparation of the purchase order; (6) follow-up and expediting; (7) receipt and inspections; (8) clearing the invoice and payment; (9) maintenance of records
Sourcing Process
the amount of an asset that remains beyond what is needed
Surplus
forecasting tool composed of autoregressive and moving average concepts used to understand and predict values in time series data
Autoregressive Moving Average (ARMA)
the amount of overhead
Burden
the cost of transportation, receiving, warehousing, materials management, shipping and distribution
Logistics Costs
the process of planning, implementing and controlling the efficient, cost-effective flow and storage of raw materials, in-process inventory, finished goods and related information from point of origin to point of consumption for the purpose of conforming to customer requirements
Logistics
the observed value that occurs most often in a data set
mode
the identification and analysis of the components necessary to satisfy a particular business requirement
needs analysis
the container, wrapper or shipping box of a product
Packaging
an organizations observance of laws, regulations and specifications applicable to the business
Regulatory Compliance
a document drawn by the seller on the buyer, instructing the buyer to pay the amount of the purchase under specified circumstances
Bill of Exchange
a job title in many supply management organizations. used to describe individuals engaged in procurement activities, regardless of their rank in the organization
Buyer
an organizational structure in which decision-making authority for specific activities rests with a particular group or location
Centralized
(1) businesses established for the purpose of buying goods from manufacturers and reselling them to a general customer base. Distributors sell in smaller quantities than manufacturers often with immediate delivery, and provide services that manufacturers are not willing to do; (2) process by which commodities move to final customers, including return of goods. activities include storing, transacting, packaging, and shipping; (3) relative arrangement of the elements of a statistical population based on distinctive characteristics
Distribution
the price of a currency as it is being exchanged for another
Exchange rate
the act of making special request, apply pressure and engaging in extraordinary effort to get delivery in less than normal lead time, to ensure on-time delivery or to speed up delivery of a delated order
expediting
(1) charge payable in the short-term, including depreciation, that is not for items to be resold; (2) cost associated with running a business
Expenses
the uninhibited flow of goods and services across national boundaries
Free Trade
the process of seeking qualified supplier of goods or services anywhere in the world
Global Sourcing
any material, component or product that is held for use at a later time
Inventory
the country where an organization has its world headquarters
Home Country
the study of the behavior of an economy at the aggregate level, as opposed to the level of specific subgroups or individuals (microeconomics). for example, a macroeconomist might consider the industrial sector, the services sector or the farm sector, but will not consider specific parts of any of these sectors
Macroeconomics
in this principle of international trade, one trading partner extends to a second the same low tariff rates that it confers to some third country’s with which it has its most unimpeded commerce. equal trading among all world trade organization members. if a tariff is reduced 5% for one nation, all WTO members will have their tariff cut by 5% into that nation
Most Favored Nation (MFN)
a version of the make or buy decision in which an organization elects to purchase a good or service that previously was made or performed in-house. may involve sourcing and using a supplier that provides the completed item or service rather than buying components and manufacturing them in-house
Outsourcing
a monopoly create by law that gives ___ holder the sole right to make, use/or sell the ___ articles and to prevent others from doing so without the holder’s permission for a set amount of time
Patent
the practice of deliberately concentrating purchase of a particular item or service with one source in preference over the other sources in a competitive marketplace
Single Sourcing
the use of the only available source possessing the ability to fulfill the purchasing organizations needs
Sole Sourcing
a description of the technical requirements for a material, product, or service
Specification
the time interval between product concept development and introduction to the marketplace. it includes specification development, product development, and release production
Time-To-Market
the value added to a product or service at each stage of its production and distribution, based on its increased value at that stage. From a lean thinking perspective, value is added when the customer is willing to pay for the activity, it is done right the first time (no waste) and the action positively changes the product or service
Value-Added
a common method of selecting sources for contract awards. suppliers interest in participating in the process are asked to submit information on prices and other specified elements of performance. major public sector purchases commonly are awarded on a sealed bid basis, with the law requiring that the award be made to the lowest responsive and responsible bidder. In private sector purchasing, competitive bids are usually solicited from several suppliers with the stated intention of selecting those organizations with whom negotiations subsequently will be conducted to arrive at a final contract award decision
Competitive bidding
(1) the request made to potential suppliers for a bid on goods or services to be purchased; (2) government purchasing: the solicitation document used in sealed bidding and in the second step of two-step bidding
Invitation for Bid (IFB)
proposals to make a contract; a binding expression of interest and willingness to create a contractual relationship usually including certain terms
Offer
a statement of price which may be given in response to a request. May or may not be a legally binding offer
Quotations
a solicitation document used to obtain general information about products, services, or suppliers. it is information request, not binding on either the supplier or the purchaser, and is often used prior to specific requisition for items
Request for Information (FRI)
a solicitation document used to obtain price and prosed method of execution of a project
Request for Proposal (RFP)
a solicitation document used to obtain price quotes for a specified product or service. These are often a follow-up to an earlier RFI. the law may or may not treat a quotation as a binding offer
Request for Quotations (RFQ)
a situation that exists when costs and revenue are equal. profit is zero
break even
method for identifying the output level at which revenues equal cost or that the costs of two systems are the same
Break-Even Analysis
the act of bringing inside an organization a function that has been performed outside the organization
Insourcing
the partial or complete transfer of control over government-owned assets to a private sector organization. Also, the act of transferring responsibility for selected government functions and services to the private sector
Privatization
the function of planning, organizing, controlling and improving the quality of products or services
Quality Management
the process of buying or selling through the use of competitive bidding
Auction
goods or services with similar characteristics or attributes that are grouped together for planning and management purposes and are brought and sold in any trading arena
Category
any tangible good that can be bought, sold or bartered. traded on a commodities exchange that facilitates the trade and establishes and enforces rules and regulations about the trading process
Commodity
is an actual commodity that is under a future contract
Cash Commodity
commodity traded on a spot market, pending delivery
Spot Commodity
a remedy available to a buyer in the event of a breach of contract by a seller. Displaying due diligence, the buyer is entitled to obtain the goods in the open market and to recover damages from the seller
cover
a technology that enables the electronic sharing of products designs between manufacturers and suppliers. it generally includes functionality to share documents in collaborative environments so that the documents can be viewed, analyzed, marked up and then easily shared with other resources
E-Design
an entire business organization, from the front line employees to top management, and all functions in-between
Enterprise
usually refers to a particular type of computer software package that integrates various functions within an organization. it may be used to enable processes such as forecasting, materials management and purchasing
Enterprise Resource Planning (ERP)
identifying suppliers to fulfill specific purchasing requirements using internet technology
E-Sourcing
a group that comes together to achieve shared objectives. In the supply area, a buying or purchasing consortium is created when two or more organizations coming together to increase purchasing power and reduce costs
Industry Consortium
a managerial and organizational approach to integrate the supply management functions in an organization. it involves planning, acquisition, flow and distribution of production materials from raw materials to finished goods. activities include procurement, inventory management, receiving, stores and warehousing, in plant material handling, production and control, traffic, surplus and salvage
Materials Management
a unilateral contract right, by means of which, for a specified time, the buyer may elect to purchase additional supplies or services called for in the contract, or may elect to extend the term of the contract
Option
an entity that transforms various types of inputs into outputs for chosen customers. not only covers for-profit entities but also non-profit institutions and government agencies
Organization
a fixed duration bidding event hosted by a single buyer, in which multiple prequalified and invited suppliers compete for business. potential suppliers review the requirements, choose to bid and enter their selling prices. suppliers prices are visible to competitors often resulting successively lower prices
Reverse Auction
an analysis of expected demand, the supply market, specific suppliers and the items in question, as well as development of budget. these activities culminate in the development of purchasing objectives and specific purchasing strategies. subsequent purchasing actions during the year are based off of this plan. many organizations develop an annual ___ plan for each major category of materials and services purchased
Purchase Plan
colloquial term for the total amount of money budgeted and/or spent on a particular product of service
Spend
analysis of historical spending patterns in an organization, usually by commodity or category. this analysis provides information about the type of items purchased and their cumulative dollar value, which becomes the substance for future strategic and operational purchase planning
Spend Analysis
a list containing the quantity and description of all materials required to produce one unit of a finished product. a ___ is an essential element in using a material requirements planning (MRP) system
Bill of Materials (BOM)
(1) the proactive compilation of requirements information regarding demand (customers, sales, marketing, finance) and the firms capabilities from the supply side (supply, operations, and logistics management); (2) the development of a consensus regarding the ability to match requirements and capabilities; (3) the agreement upon a synthesized plan that can most effectively meet the customer requirements within the constraints imposed by supply chain capabilities
Demand Management
a process in which a purchaser pre-qualifies multiple suppliers and invites them to participate in a fixed-duration Web-based bidding or sourcing event
Electronic Auction
goods that have completed the manufacturing or assembly process and are ready for sale to external customer
Finished Goods
a methodology for defining the raw material requirement for a specific item, component, or sub-assembly ordered by a customer, or required by the business process. ___ systems will usually define what is needed, when it is needed, and, by having access to current inventories and pre-existing commitment of that inventory to other orders to other customers, will indicate what additional items need to be ordered to fulfill this order
Material Resource Plan (MRP)
a relocation of business processes to a non-domestic location, usually to reduce costs
Offshoring
a statistical term referring to the likelihood of occurrence of an event, action, or item
Probability
is a set of activities that have a beginning and an end, occur in a specific sequence and have inputs and outputs
Process
the process of identifying elements or factors, and their probability of occurrence, that can lead to injury, damage, loss or failure
Risk Analysis
Person(s) with a vested interest in something; those who will be affected by and/or can influence decision making process. at the corporate level this includes management, employees, stockholders, customers, suppliers and so on who may gain or lose by a specific decision
Stakeholder
In the US a business that is at least 51% owned by a person or persons who have been socially or economically disadvantaged due to color, ethnic origin, gender, physical capabilities or other factors that result in barriers to conduct business
Historically Underutilized Business (HUB)
the desired end results toward which effort and resources are directed. ___ should be specific, measurable, attainable, results-oriented and time bound. Well written ___ direct attention, regulate effort, increase persistence and encourage the development of goal-attainment strategies and action plans
Goals
product, including raw materials, manufactured parts and completed merchandise. all things which are movable at the time of identification to the contract for sale, including growing crops, timber, oil, and gas
Goods
partnering with internal stakeholders to segment and manage supplier relationships. identifying and executing relationship strategies with stakeholders to improve overall efficiency, performance, accountability, compliance and value
Supplier Relationship Management (SRM)
test procedures that lead to formal acceptance of a new or changed product, process, or system. For example, the overall condition of a given lot may be determined by inspecting only a portion or sample of the low. for software system, a user acceptance test plan is agreed to by the buyer and seller, carried out and then results are compared to pre-established severity thresholds to determine corrective action
Acceptance Testing
a legally binding offer to sell or to buy. In public sector purchasing, a ___ is an offer in a sealed ___ding process. in the private sector, the offer may be referred to as a quotation and sometimes a proposal
Bid
a written instrument executed by a bidder or contractor (the principal) and a second party (the surety) to assure fulfillment of the principals obligation to a third parrt
Bond
a competitive procurement practice that: (1) is initiated by a request for proposals (RFP) which sets out the organization’s requirements and criteria for proposal evaluation; (2) assumes the submission of timely proposals by the maximum number of possible suppliers; (3) usually provides discussion with those suppliers found to be within the competitive range; (4) concludes with the award of a contract to the one supplier whos proposal is most advantageous to the organization, considering price and the other factors included in the solicitation
Competitive Proposals
often used interchangeably with “term”, a provision in a contract. in traditional common law a distinction is drawn between ___ precedent and ___ subsequent
Condition
a complete description of an item, including the composition of materials to be used in making the product, as well as size, shape, capacity, dimensions, tolerances and sometimes method of treatment of manufacture
Design Specification
specifications generally agreed to and shared across all organizations operating in a given industry. examples include lumber grades, wire thickness, bar codes and railroad track width
Industry Standard
a specification that is created by an industry group, a supplier, or a government agency
External Specification
a ratio, usually expressed as percentages, indicating average changes in values, quantities or prices. typically, the changes are measured over time, each item being compared with a corresponding figure from some selected base period which is set as 100%
Index
freestanding agreement or contract provision restricting the disclosure of certain information, generally proprietary information, given by one party to the other in the course of contract performance and imposing liability for unauthorized disclosure
Non-Disclosure Agreement
a process where organizations invite or require suppliers to submit their bids over the internet or private network
Online bidding
a specification that details the performance criteria required for a particular material or product
Performance Specification
a ratio expressing the relationship between the price of a commodity at a given point in time to its price during a specified base period. this information can be used to chart price level changes
Price Index
a measurement tool compiled by the US Bureau of Labor Statistics (BLS) reflecting the average change in prices charged by producers during a given time period, compared to those charged in a base year. the ___ measure inflation at earlier stages of production and marketing process than does the consumer price index
Producer Price Index (PPI)
compiled by the US Bureau of Labor Statistics the ___ program produces monthly data on changes in the prices paid by urban consumers for a representative basket of goods and services
Consumer Price Index (CPI)
the performance of executives duties, the act or process of managing or administering the conduct of affiars of the supply chain management process or function
Administration
an ongoing or comprehensive process for ensuring the continuity or uninterrupted provisions of operations and service, including risk or contingency planning, disaster planning, disaster recovery, business resumption and contingency plans
Business Continuity Planning (BCP)
preparation to deal effectively with unforeseen events, such as supply disruptions from single sources or natural disasters
Contingency Planning
a legally enforceable written or oral agreement between two or more competent parties that defines a job or service to be performed. the total legal obligation which results from the parties agreement as affected by this Act and any other applicable rules of law
Contract
an evaluation of actual or anticipated cost data. the application of experience, knowledge, and judgement to data to project reasonable estimated contract costs. estimated costs serve as the basis for buyer-seller negotiation to arrive at a mutually agreeable contract price
Cost Analysis
a quantitative technique that provides a logical approach to decision making. a basic ___ consists of establishing a set of weighted criteria upon which potential options can be decomposed, scored, and summed to gain a total score which can then be ranked. it may be used to rank supplier options, product options, design options or any other set of multidimensional entities. this is a variation of the L-shaped matrix and is also called the Pugh matrix
Decision Matrix
developing a contingent plan in the event of a man-made or naturally disruptive event such as a strike, earthquake, hurricane or major fire
Disaster Planning
protective software used to prevent unauthorized access to confidential recorts
Firewall
any liquid having a flash point below 100 degrees fahrenheit
Flammable liquid
the time that elapses from placement of order until receipt of order, including time for order transmittal, processing, preparation and shipping
LEad time
planning, managing, and performing the processing of materials into intermediate or final products, usually in large quantities
Manufacturing
an exploratory and communication process (identifying interest, walk-away alternatives, and options) internally and externally to reach a mutually satisfactory agreement, often involves a buyer and seller, each with their own viewpoints, interest, and objectives relative to all phases of a procurement transaction- including price, service, specifications, technical and quality requirements and payment terms
Negotiations
the risk of loss from inadequate or failed internal processes, systems and staff, or from external events
Operational Risk
the examination of a suppliers price proposal or bid by comparison with reasonable benchmarks, without evaluation of the separate elements of cost and profit making up the price
Price Analysis
a measure of an organizations ability to withstand adverse economic conditions, the ___ is usually taken from the organizations income statement and is calculated by dividing the gross profit by sales
Profit Margin
a special piece of work outside the normal flow of daily activities that has a specific objective and a time and budget limit
Project
discovering new knowledge about products, processes, and services, and then applying that knowledge to create new and improved products, processes, and services that fill market needs
Research and Development
organization formed to serve world business by promoting trade and investment, open markets for goods and services, and the free flow of capital
International Chamber of Commerce (ICC)
also known as the Pareta rule, it is the finding that a minority of a population accounts for the majority of a given effect. For example, in inventory management, 20 % of the inventoried items account for 80% of the total dollars
80/20 Rule
Application of Pareta’s law of the 80/20 rule to define three categories: A, B, C this is used to determine the relative ratios between the number of items and the dollar value of the items purchased repetitively for stock; the number of purchase orders and the dollar value; and the number of suppliers and percent of spend. In most organizations, 10-20% of the items (A) account for 70-80% of the investment, the next 15-25% of the items (B) account for 10-20% of the investment; and the remaining 65-75% of the items (C) account for 5-10% of the investment. inventories, purchases, and suppliers should be managed accordingly, with more emphasis placed on the strategic management of “A” items and looser controls and less attention on the “C” items
ABC Analysis
(1) a situation in which the capacity to accommodate products is less than what is needed to ensure smooth flow through the system; (2) in a kraljic matrix or quadrant analysis, the ___ quadrant represents items that are low-value and high-risk. items in this category are generally purchased in large quantities and inventory levels are monitored closely to avoid interruptions in supply
Bottleneck
the process of overseeing and maximizing the financial and operational value of a group of related commodities, products or services by identifying and monitoring total spend and consumption, keeping abreast of market shrifts, new alternatives or inventions, forecasting market supply and demand, and continuously evaluating supplier performance in order to drive down cost, improve supplier performance, and respond to changing business requirements and/or enhance stakeholder satisfaction
Category Management
the process of managing a commodity (corn, gold, natural gas, oil) including the identification and monitoring of total spend and market forces by commodity to control elements such as increasing leverage, managing cost, increasing quality, ensuring continuity of supply and/or focusing on the supplier relationship
Commodity Management
a process of combining resources usually to gain some type of advantage. for example, by combining less than truckload (LTL) or less than carload shipments from various facilities at a centrally located point, and transporting them as a larger shipment, the shipper typically pays a lower freight rate. or, by combining purchases from different divisions of a company, the buyer is able to leverage the consolidated volume for a lower price per unit
Consolidation
service inputs, such as labor, which are traceable to a unit of production
Direct Services
a set of processes or rules designed to optimize desired results and limit (optimally eliminate) undesired results, typically embedded within management practices
Governance
a four box matrix that reflects the segmentation of spend based on an assessment of the value of the spend (x-axis) relative to the market risk to acquire (y axis). the matrix typically includes four quadrants: acquisition or non-critical-low risk, low value items; critical or bottleneck-high risk, low value; leverage-low risk, high value; strategic, high risk, high value
Kraljic Matrix
part of an indemnification obligation requiring the indemnitor to protect the indemnitee from any harm resulting from the indemnitor’s actions or inactions; also referred to as save harmless
Hold harmless
a comprehensive study of the feasibility or viability of a new concept or idea, usually undertaken before entry into the marketplace
Market analysis
segmentation model originally introduced by Peter Kraljic. it is a 2x2 matrix with four spend categories assess along two dimensions- the risk in the marketplace and the value or impact of the category on the organization
Portfolio Analysis
the process of coordinating the organization, planning, scheduling, controlling, monitoring and evaluating of activities so that the objectives of a project are met
Project Management
the process through which an organization acquires its goods and services. the multi-step process includes; (1) recognition of need; (2) specification of need in terms of quality, quantity and timing; (3) search for potential sources; (4) analysis of suppliers and proposals; (5) negotiation with and selection of supplier; (6) administering the contract; (7) evaluation of performance and feedback to supplier; (8) disposal of excess, scrap or surplus
Sourcing Cycle
a discount designed to encourage prompt payment of an account. the net price of the purchased item (after allowing for the ___) yields a fair profit to the supplier and is the price the supplier expects most customers to pay. those who do not pay within the specified time limited must pay the gross (undiscounted) price
Cash Discount
the knowledge, behavior and skills that employees are expected to demonstrate to perform effectively within the organization
Core Competency
stipulated amount of time stated on an invoice that the customer has to pay and settle the invoice. can also include inducements for early payments as well as penalties for late payments
Payment Term
is the next best option that the negotiator will pursue if he or she chooses not to continue with the negotiation or the negotiation fails
Best Alternative to a Negotiated Agreement (BATNA)
linkage concept used to describe dependencies and relationship between and among businesses
Chain
a formula that expresses the empirical relationship between the number of units produced and the number of labor hours required to produce them. each time cumulative production volume doubles, the cost of the nth item produced decreases by a defined percentage. sometimes called the improvement or experience curve. the curve is most applicable to the production of repetitively produced complex products. Buyers can use the ___ to analyze the effects of learning on unit costs, and production managers can use it to determine staffing and scheduling requirements
Learning Curve
a team constituted for the purpose of conducting a specific negotiation. team members typically represent the functional areas to be addressed in the negotiation process; the purchasing member usually chairs the team
Negotiation Team
a model used by Porter to describe competition. the five forces are; the extent and intensity of direct competition; the threat of entrants; the threat of substitute products and services; the power of buyers; and the power of suppliers
Porter’s Five Forces
defines the scope of work and sets the expectations and defines the relationship of the buyer and service provider. it typically addresses what the provider is promising, how it will perform, the metrics and means of measurement, the consequences in the event of failure to perform, and any longer-term aspects of the agreement. commonly used with application service providers
Service Level Agreement (SLA)
technology-based communication that is user-created. where defined interest and groups can be found and influence can be gained based on content and frequency. now a significant part of business communication
Social Media
the analysis of existing or new suppliers on the basis of key performance indicators such as technical quality, production capacity, delivery, service, cost and managerial capabilities which are included in the spec of statement of work
Supplier Evaluation
special remedy for breach of contract available to a purchaser where a court orders the seller to perform the contract as agreed rather than awarding money damages
Specific Performance
the design and management of seamless, value-assessed processes across organizational boundaries to meet the real needs of the end customer. the development and integration of people and technological resources are critical to successful supply chain integration
Supply Chain Management
a term that indicates to the supplier that the buyer does not intend to negotiate after offers are received, so the supplier should submit final pricing and deliverables. it is included to prevent suppliers from submitting offers higher than they are willing to accept
Best and Final Offer (BAFO)
a specific department or supply management professional is given authority and responsibility for purchasing for the organization.
Centralized Buying
a process in which a purchaser pre-qualifies multiple suppliers and invites them to participate in a fixed-duration web-based bidding
Sourcing Event
the indication of an offeree to be bound by the terms of an offer; may be by communication or behavior
Acceptance
Contract provision under which major (and usually uncontrollable) events may excuse a party, in whole or in part, from performance of its contractual obligations. sometimes referred to as “Acts of God”, this term can be written to include various events that are not actually Acts of God and may or may not be beyond the parties control
Act of God Clause
the transfer by one contracting party (assignor) of his/her rights or obligations under a contract to another person (assignee). sometimes also referred to as delegation of duties
Assignment
activities directed toward maintaining a planned and expected flow of materials and services needed by the organization. this originally was directed toward evaluating and selecting suppliers that were reliable and able to source and produce the needed products on time, but in recent times this has expanded to include issues from longer supply chains, market supply and demand risks, and geological events such as floods, earthquakes, tsunamis, volcanoes, etc
Assurance of Supply
a contract in which both of the contracting parties make promises to each other. such a contract is formed when an offer is accepted formally by the offeree
Bilateral Contract
executed with the proper legal authority and imposing adherence to a commitment, an obligation, or a duty such as a ___ arbitration or a ___ agreement
Binding
a term commitment (usually one year or more) to a supplier for certain goods or services over a predetermined period of time at predetermined prices, or at prices to be determined based on market or other conditions. this practice is aimed at reducing the number of small orders, utilizing short-term release to satisfy demand requirements
Blanket Agreement
a failure to perform any obligation included in contract terms. Failure of material or product to meet quality or other specifications warranted by the supplier
Breach
Legal requirement for creation of a valid contract encompassing: (1) age; (2) mental capacity; (3) authority). sometimes referred to as capacity to contract or contractual capacity
Competent Parties
damage, loss or injury that arise not directly from a party’s act (such as a breach of contract) but from some consequence or result of that act; example loss profit, lost revenue, personal injury, cost-based, and incentive contracts
Consequential Damages
the pricing terms of an agreement between a buyer and a seller. examples include fixed price, cost-based, and incentive contracts
Contract Type
a form of intellectual property in which legal protection is provided by a country or governmental entity granting the authors and creators of original literary, dramatic, musical, artistic and other intellectual property, published or unpublished, the exclusive right to publish, reproduce, display, sell, perform, transmit or prepare derivative works from the original
Copyright
pricing arrangements or contract types that provide for payment of allowable, allocable and reasonable costs incurred in the performance of a contract, to the extent that such costs are prescribed or permitted by the contract. these contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that contractor may not exceed without the approval of the buyer. types of cost-reimbursable contracts include; (1) cost without fee; (2) cost-sharing; (3) cost-plus-incentive; (4) cost-plus-award fee; (5) cost-plus fixed fee; and (6) cost-plus percentage-of cost
Cost-Based Contract
an opportunity given to a seller to correct product defects or other contract non-performance prior to an agreed-upon deadline
Cure
an upward movement. in supply management, often used to indicate an upward movement of price, also known as economic price adjustment
Escalation
legal principle that prevents a person from asserting a position that is inconsistent with his or her prior conduct if injustice would thereby result to a person who has changed position in justifiable reliance upon that conduct
Estoppel
a specific assurance made by the seller either in writing or orally concerning the performance, quality or nature of the goods or services sold. ___ies may be in the form of an affirmation of fact, a description or a sample
Express Warranty
a contract term which indicates that the price is set at a certain amount and is not subject to change (unless the purchaser requests a change in specification, delivery or terms)
Fixed-Price
the power of a court to hear a particular dispute and/or to exercise control over particular parties to a dispute
Jurisdiction
a preliminary written contractual instrument that authorizes the contractor to begin immediately performing the manufacturing or services requested. the ___ typically is followed by a definitive contract document
Letter Contract
any obligation incurred as a result of law, rule or agreement; being legally obliged and responsible; a debt or an obligation to another party
Liability
contractual arrangement with a supplier that defines price and terms of business but does not contain specifics of release or delivery. separate purchase orders are released later as goods or services are needed and reference the master purchase, whose price and terms are incorporated by reference
Master Purchase Agreement
contracts usually tied to maintenance of capital equipment
Master Service Agreement (MAS)
that which one is required to do as part of contract performance. contracts and purchase orders represent monetary ___s of a purchasing organization to a supplier
Obligation
generally, something that comes before; in law, the legal theories and rulings established in a previous case decision
Precedent
a legally binding document prepared by a purchaser to describe the terms and conditions of a purchase. in the contracting process the ___ may function as an offer, an acceptance, a confirmation of an oral agreement or a trigger for periodic performance (release) under an established contract
Purchase Order (PO)
contract formed when an offer (normally that of the buyer) is accepted through performance (normally by the supplier). this process is common for purchasing transaction, unless an acknowledgement or other acceptance form is requested
Unilateral Contract
common practice in government procurement by which unsuccessful bidders challenge the award of a contract. specific requirements for ___ (form, timing, etc) will vary depending on the particular government entity involved
Protest
private means of settling disputes between parties in which an objective outside party acts as a fact finder and a primary decision-maker. by prior agreement between the parties, the ruling of an arbitrator or panel may be binding and may not be subject to appeal
Arbitration
a failure to perform any obligation included in contract terms
Breach of Contract
action of one party to end a contract due to breach by the other party-UCC 2-106(4). the right to cancel may be provided by law or in specific contract language
Cancellation
conformity with or acting in accordance with certain standards
Compliance
methods for resolving contractual disputes outside the judicial system such as facilitated negotiation, conciliation, mediation, fact-find, non-binding arbitration and binding arbitration
Conflict Resolution
the management of various facets of a contract to ensure that the contractor’s total performance is in accordance with the contractual commitments and that obligation to the purchaser are fulfilled
Contract Administration
the actions taken by both parties in a contract upon completion of their respective obligations. these actions may include verification that all work has been duly performed, accepted, properly invoiced and fully paid
Contract Closeout
various means of resolving disputes or conflicts between the parties to a contract, including negotiation, arbitration, mediation, litigation
Dispute Resolution
the designated time frame used by an organization to provide an accounting of financial activities within a 12-month period
Fiscal Year