Module 6 - Contract Management Flashcards
Six Essential elements of a Contract
Mutual Assent
Bargain and Exchange
Competency
Lawful purpose
Certainty of Terms
Form Required by Law
Essential elements of a Contract: Mutual Assent
Both parties agree to the terms of the contract
Essential elements of a Contract: Bargain and Exchange
Each party receives and gives something of value
Essential elements of a Contract: Competency
Parties must have the capacity to understand the terms of the contract
Essential elements of a Contract: Lawful purpose
Contracts cannot violate or cause others to violate the law or public policy
Essential elements of a Contract: Certainty of Terms
All requirements and stipulations are known to the contracting parties
Essential elements of a Contract: Form Required by Law
Parties express the contract in a form required by law
Contracting Officer (CO / KO)
Has authority to enter into, administer, and terminate contracts, as well as make related determinations and findings
May be appointed to a contracting role including Procuring, Administrative, and Termination
Administrative Contracting Officer (ACO)
Perform contract administartion functions on high-dollar supply contracts as delegated by the Procurring Contracting Officer (PCO)
FAR 42.302(a) lists normal ACO functions
FAR 42.302(b) list additional functions
Termination Contracting Officer (TCO)
Negotiates an equitable settlement with the contractor after the Procuring Contracting Officer (PCO) issues a notice of termination.
Procuring Contracting Officer (PCO)
Handles the procurments from the pre-solicitation phase through contract award to include contract signing on behalf of the Government
After signing contract normally assigned to ACO but PCO maintains overall responsibility until contract is completed and closed out
Five phases of Contract Process
Planning
Solicitation
Evaluation
Award
Post-Award
Key Steps in Contract Planning Phase
Determine the Capability Need
Create the Requirements Package
Select the Contracting Method
identify the Contract Type
Contents of Requirements Package
Described in FAR 11.1
Performance/Detail Specifications
Statement of Work
Purchas Description
When to Use Sealed Bidding
Requirements are well-defined.
Award is based on price and related factors.
There is time for competition.
Can not discuss bids with bidders