FINAL 50 Qs Flashcards
What is a protest?
a written objection by an interested party to any of the following:
(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.
(2) The cancellation of the solicitation or other request.
(3) An award or proposed award of the contract.
(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
Protests can be found where in the FAR?
FAR 33
In what three FORA can an interested party file a protest?
i. Agency
ii. Government Accountability Office (GAO)
iii. U.S. Court of Federal Claims
How long should it take for a KO to resolve an agency protest?
35 days
How long should it take to resolve a GAO protest?
100 days
Two types of price index numbers:
simple
aggregate
Simple index numbers track:
one particular item over time (ex. eggs)
Aggregate index numbers track:
over the market
Estimate price using numbers symbols in adjusting for inflation/deflation:
NI = New Index OI = Old Index OP = Old Price NP = New Price
What is the deadline for filing a protest?
10 days after the basis of the protest is known
How long does the contractor have to request a debriefing?
3 days
How long does the government have to respond to debriefing and schedule?
5 days
Price Reasonableness is:
Contracting Officer’s responsibility
The price a prudent buyer would be willing to pay given market conditions and other factors
It’s a matter of judgment
Mutual assent is:
a meeting of the minds
an understanding
There are ____ elements of a contract.
6
What are the 6 elements of a contract?
(1) mutual assent
(2) consideration
(3) capacity
(4) lawful purpose
(5) certainty of terms
(6) form provided by law
Consideration is:
each party receives something of value and gives something of value
the name given to that value given by each party
Capacity is:
in order to be legally bound to a contract, a party must have the capacity to understand and appreciate the terms of the contract
Unauthorized commitments are:
agreements made by government personnel lacking contractual authority
Process where an unauthorized commitment is approved by an authority authorized to do so is:
ratification
Ratification means:
the act of approving an unauthorized commitment by an official who has the authority to do so
What are solicitation provisions?
a term or condition used only in solicitations and applying only before contract award.
What are contract clauses?
a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.
What is a CLIN?
Contract Line Item Numbers
Two types of modifications are:
unilateral modifications
bilateral modifications
Unilateral modifications are:
Change order issued per the changes clause (within scope of contract)
Only contracting officer’s signature needed
May be used for administrative changes such as paying office change, fund cite change, et
Bilateral modifications are:
A negotiated equitable adjustment resulting from the issuance of a change order
Requires the signature of the Contracting Officer and the contractor
Constructive Change is:
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
Constructive Change must involve:
Change in performance beyond minimum contract requirements, and
Word or deed by Government representative which requires contractor effort that is not a necessary party of the contract
Requires Ratification
Cardinal changes:
Are not in scope
Should be the exception, not the rule
Are not prohibited
May require a J&A
What is a claim:
A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract
Any claim exceeding $100,000 shall be certified in ________ by the contractor
writing
How long does the contracting officer have to issue a final decision after review of the claim and all associated facts to include legal review
60 days
Contractor’s have _________ to file a claim unless the parties agree to a shorter time period
6 years
The objective of using ADR procedures is to:
increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. (Partnering)
Contract Disputes Act of 1978 establishes:
procedures and requirements for asserting and resolving claims subject to the Act
Contract Disputes Act of 1978 also provides for:
Payment of interest on contractor claims
Certification of contractor claims
Civil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact
Excusable delays are:
Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor.
Examples of excusable delays are:
(1) acts of God or of the public enemy,
(2) acts of the Government in either its sovereign or contractual capacity,
(3) fires,
(4) floods,
(5) epidemics,
(6) quarantine restrictions,
(7) strikes,
(8) freight embargoes, and
(9) unusually severe weather.
Termination for Convenience is:
in the government’s best interest
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
Termination for Default is:
for failure to perform
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
If you are trying to terminate for default (T4D) a small business concern, the contracting officer shall provide a copy of any cure or show cause notice to the:
Small Business Administration
Under the Default clause (52.249-8), the GOVERNMENT HAS THE RIGHT to terminate the contract completely or partially for default if the contractor fails to:
Make delivery of the supplies or perform the services within the time specified in the contract,
Perform any other provision of the contract, or
Make progress and that failure endangers performance of the contract
Under a T4D, the Government:
is not liable for the contractor’s costs on undelivered work and is entitled to the repayment of advance and progress payments, if any, applicable to that work
may require the contractor to transfer title and deliver to the Government
is entitled to excess reprocurement costs
Contractor’s Rights under a T4C:
The contractor may recover:
Its performance costs incurred up to the date of termination
Certain costs that continue after the date of termination
Termination expenses
Profit or fee for the work performed
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
The contracting officer shall terminate contracts for convenience or default only by:
a written notice to the contractor
Notice should be sent by certified mail, return receipt requested
Reasons to Terminate for Convenience of the Government are:
Changes in situations and technology
Lack of funds
Termination is in the best interest of the government
DD Form 1597 is:
Contract Closeout Checklist
Contract Closeout Checklist form is:
DD Form 1597
DD Form 1594 is:
Contract Completion Statement
Contract Completion Statement form is:
DD Form 1594
An “in-scope” modification does not:
Place an undue burden on the contractor
Does not disrupt the competitive aspect
Changes that are “Out-of-Scope” are considered:
“Cardinal Changes”
Should be the exception, not the rule
Are not prohibited
May require a J&A
“Cardinal Changes”
Should be the exception, not the rule
Are not prohibited
May require a J&A
QASP is:
Quality assurance surveillance plans
QASPs describe:
COR uses to assess or track performance
how the contracting officer’s representative will monitor the contractor’s performance regarding trafficking in persons such that non-compliance with FAR clause 52.222-50, Combating Trafficking in Persons, is brought to the immediate attention of the contracting officer.
2 clauses required on commercial contracts:
- 212-4, Contract Terms and Conditions – Commercial Items
52. 212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items
2 provisions required on commercial contracts:
- 212-1, Instructions to Offerors-Commercial Items, by reference (see SF 1449, Block 27a)
- 212-3, Offeror Representations and Certifications-Commercial Items
Post award orientation:
is not always necessary (ex: supply items)
dependent upon requirement, complexity of requirement
A post award orientation aids both government and contractor personnel to:
(1) achieve a clear and mutual understanding of all contract requirements
(2) identify and resolve potential problems
However, is not a substitute for the contractor’s fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award
Past performance information is:
relevant info
for future source selection purposes regarding a contractor’s actions under previously awarded contracts
If we do provide financing then _______________ are least preferred financing
advanced payments
Advanced Payments are:
least preferred financing
Why Provide Financing?
Contract financing may general the following benefits:
High dollar production Expedited performance Broadening of the production base Increased competition Aid to small businesses Fosters liberal lending by private lending institutions
Meets contractors need/minimizes Govt risk
