Post Award

Question 1

What are the two domains within the post-award phase

Answer 1

Perform Contract, Close Contract

Question 2

Perform Contract - The job tasks and competencies for this domain produce the contract performance which are

Answer 2

Administer Contract, Ensure Quality, Manage Subcontracts, Manage Changes.

Question 3

Close Contract - The job tasks and competency for this domain produces the closed contract which is

Answer 3

Close Out Contract

Question 4

contract clauses

Answer 4

Commonly though as the Terms and Conditions

Question 5

Order of Precedence clause

Answer 5

The FAR specifies and Order of Precedence clause to mitigate conflicts in contract interpretation

Question 6

What are the areas of contract where disputes most happen?

Answer 6

1. The schedule, where the seller fails to make progress or perform on time, 2. Second is cost, where the contract is over budget and endangers both schedule and performance. Cost issues can also arise on the buyer’s side, if the contract is incrementally funded and additional funding does not materialize timely. 3. Third is compliance, where either the buyer or seller fails to comply with contract terms and conditions. 4 Finally, quality may be an issue if the product or services do not meet requirements.

Question 7

Informal Quality assurance programs may include

Answer 7

walkthrough observation of the work site.

Question 8

Formal Quality Assurance Requirements typically include

Answer 8

Formal testing and acceptance procedures.

Question 9

Established Programs include

Answer 9

Sellers often have their own established quality programs that govern their performance. These programs may include continuous process improvement, Six Sigma, or ISO 9001 certification.

Question 10

The International STandard Organization or ISO has established a series of quality standards based on eight principles

Answer 10

The principles are customer focus, leadership, involvement of people, process approach, system approach, continual improvement, factual approach to decision-making, and mutually beneficial supplier relationships.

Question 11

Subcontract Management

Answer 11

is the process of contract management of subcontracts with the prime contractor being responsible for the supply chain.

Question 12

The Nine-Step Purchasing Process is:

Answer 12

1Determination and description of need,2Communication of need, 3Identification of potential sources,4Solicitation and evaluation of bids and proposals, 5Preparation of purchase order,6 Follow up and expediting, 7 Receipt and inspection,8 Clearing the invoice and payment, and 9 Maintenance of records (Institute for Supply Management, 2006).

Question 13

Manage Changes is

Answer 13

the process of initiating, considering, negotiating and issuing contract modifications; and maintaining configuration control of the contract and subsequent contract performance.

Question 14

Extrinsic Evidence

Answer 14

Extrinsic evidence deals with behaviors. Discussions and the resultant actions, the prior course of dealings between the buyer and seller, and custom are all examples of extrinsic evidence.

Question 15

Parole Evidence Rule

Answer 15

The parole evidence rule is very direct and states that only what is written in the contract applies. Any other statement both verbal and written are not considered.

Question 16

Contra preferentum means

Answer 16

that the contract will be interpreted against the drafter, typically the buyer.

Question 17

ADR

Answer 17

Is a voluntary method used to resolve issues without litigation and may include mediation, binding and non-binding arbitration, and interest based negotiation.

Question 18

Contract Changes can be summarized in three types

Answer 18

Directed Changes, Constructive Changes, and Cardinal Changes.

Question 19

The Six-Step of Contrct Changes Management Process

Answer 19

1. Initiate, Plan, Approve and Negotiate, Award, Administer and Closeout.

Question 20

Changes to Government contract can be unilateral or bilateral

Answer 20

Unilateral do not require agreement from the other party and is directed by the buyer; Bilateral require agreement of both parties that must be documented in writing and signed by both parties’ authorized representatives.

Question 21

Commercial Contract Changes have three types defined by the UCC

Answer 21

These are explicit, mutual assent and the conduct of the parties, The UCC doesn’t require consideration for a valid change, but does require compliance with the statute of frauds.