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AAFC Exam 3 > FINAL 50 Qs > Flashcards

FINAL 50 Qs Flashcards

1
Q

What is a protest?

A

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.

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2
Q

Protests can be found where in the FAR?

A

FAR 33

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3
Q

In what three FORA can an interested party file a protest?

A

i. Agency
ii. Government Accountability Office (GAO)
iii. U.S. Court of Federal Claims

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4
Q

How long should it take for a KO to resolve an agency protest?

A

35 days

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5
Q

How long should it take to resolve a GAO protest?

A

100 days

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6
Q

Two types of price index numbers:

A

simple

aggregate

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7
Q

Simple index numbers track:

A

one particular item over time (ex. eggs)

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8
Q

Aggregate index numbers track:

A

over the market

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9
Q

Estimate price using numbers symbols in adjusting for inflation/deflation:

A 
NI = New Index
OI = Old Index
OP = Old Price
NP = New Price
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10
Q

What is the deadline for filing a protest?

A

10 days after the basis of the protest is known

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11
Q

How long does the contractor have to request a debriefing?

A

3 days

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12
Q

How long does the government have to respond to debriefing and schedule?

A

5 days

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13
Q

Price Reasonableness is:

A

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

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14
Q

Mutual assent is:

A

a meeting of the minds

an understanding

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15
Q

There are ____ elements of a contract.

A

6

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16
Q

What are the 6 elements of a contract?

A

(1) mutual assent
(2) consideration
(3) capacity
(4) lawful purpose
(5) certainty of terms
(6) form provided by law

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17
Q

Consideration is:

A

each party receives something of value and gives something of value

the name given to that value given by each party

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18
Q

Capacity is:

A

in order to be legally bound to a contract, a party must have the capacity to understand and appreciate the terms of the contract

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19
Q

Unauthorized commitments are:

A

agreements made by government personnel lacking contractual authority

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20
Q

Process where an unauthorized commitment is approved by an authority authorized to do so is:

A

ratification

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21
Q

Ratification means:

A

the act of approving an unauthorized commitment by an official who has the authority to do so

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22
Q

What are solicitation provisions?

A

a term or condition used only in solicitations and applying only before contract award.

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23
Q

What are contract clauses?

A

a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

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24
Q

What is a CLIN?

A

Contract Line Item Numbers

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25
Q

Two types of modifications are:

A

unilateral modifications

bilateral modifications

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26
Q

Unilateral modifications are:

A

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

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27
Q

Bilateral modifications are:

A

A negotiated equitable adjustment resulting from the issuance of a change order

Requires the signature of the Contracting Officer and the contractor

28
Q

Constructive Change is:

A

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

29
Q

Constructive Change must involve:

A

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

30
Q

Cardinal changes:

A

Are not in scope

Should be the exception, not the rule

Are not prohibited

May require a J&A

31
Q

What is a claim:

A

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

32
Q

Any claim exceeding $100,000 shall be certified in ________ by the contractor

A

writing

33
Q

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

A

60 days

34
Q

Contractor’s have _________ to file a claim unless the parties agree to a shorter time period

A

6 years

35
Q

The objective of using ADR procedures is to:

A

increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. (Partnering)

36
Q

Contract Disputes Act of 1978 establishes:

A

procedures and requirements for asserting and resolving claims subject to the Act

37
Q

Contract Disputes Act of 1978 also provides for:

A

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

38
Q

Excusable delays are:

A

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.

39
Q

Examples of excusable delays are:

A

(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.

40
Q

Termination for Convenience is:

A

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

41
Q

Termination for Default is:

A

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

42
Q

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:

A

Small Business Administration

43
Q

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:

A

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

44
Q

Under a T4D, the Government:

A

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

45
Q

Contractor’s Rights under a T4C:

A

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

46
Q

When the price of the undelivered balance of the contract is less than $5,000, the contract should:

A

normally not be terminated for convenience but should be permitted to run to completion

47
Q

The contracting officer shall terminate contracts for convenience or default only by:

A

a written notice to the contractor

Notice should be sent by certified mail, return receipt requested

48
Q

Reasons to Terminate for Convenience of the Government are:

A

Changes in situations and technology
Lack of funds
Termination is in the best interest of the government

49
Q

DD Form 1597 is:

A

Contract Closeout Checklist

50
Q

Contract Closeout Checklist form is:

A

DD Form 1597

51
Q

DD Form 1594 is:

A

Contract Completion Statement

52
Q

Contract Completion Statement form is:

A

DD Form 1594

53
Q

An “in-scope” modification does not:

A

Place an undue burden on the contractor

Does not disrupt the competitive aspect

54
Q

Changes that are “Out-of-Scope” are considered:

A

“Cardinal Changes”

Should be the exception, not the rule
Are not prohibited
May require a J&A

55
Q

“Cardinal Changes”

A

Should be the exception, not the rule
Are not prohibited
May require a J&A

56
Q

QASP is:

A

Quality assurance surveillance plans

57
Q

QASPs describe:

A

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.

58
Q

2 clauses required on commercial contracts:

A
  1. 212-4, Contract Terms and Conditions – Commercial Items

52. 212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

59
Q

2 provisions required on commercial contracts:

A
  1. 212-1, Instructions to Offerors-Commercial Items, by reference (see SF 1449, Block 27a)
  2. 212-3, Offeror Representations and Certifications-Commercial Items
60
Q

Post award orientation:

A

is not always necessary (ex: supply items)

dependent upon requirement, complexity of requirement

61
Q

A post award orientation aids both government and contractor personnel to:

A

(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

62
Q

Past performance information is:

A

relevant info

for future source selection purposes regarding a contractor’s actions under previously awarded contracts

63
Q

If we do provide financing then _______________ are least preferred financing

A

advanced payments

64
Q

Advanced Payments are:

A

least preferred financing

65
Q

Why Provide Financing?

A

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

AAFC Exam 3 (1 decks)

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