Post Award Flashcards
In a subcontract clause, the clause is shown in full text without reference to federal clauses; compare with substitute wording.
Actual wording
A change to a contract formed by the exchange of promises to perform
reciprocal obligations for the other party.
Bilateral change
The withdrawal of the requirement to purchase goods and/or services by the buyer.
Cancellation:
A change to a contract that is made outside the scope of the contract and is, therefore, unenforceable by the buyer.
Cardinal change:
A written order signed by the contracting officer or buyer that is authorized by contract clause to modify contractual requirements within the scope of the contract.
Change order
A standard clause in government contracts. There are several versions
corresponding to the specific type of contract, but all have certain common characteristics. The clause, mandatory for most government contracts, provides a contractual grant of authority to the buyer by the seller. It gives the buyer the right to alter unilaterally specific matters affecting the performance of the contract.
Changes clause
The process of declaring that the obligations under a contract have been satisfied and that a procurement file is both physically and administratively complete.
Closeout
The actions of one or both parties to a contract which may have the
effect of causing a change to the contract
Conduct of the parties
A verbal or written act or omission by an authorized government official that is of such a nature that it is construed to have the same effect as a written change order
Constructive change
The oversight of a contractor’s (seller’s) performance pursuant to the
fulfillment of the terms, conditions, and specifications of a contract.
Contract administration
Any written alteration in the specification, delivery point, rate of
delivery, contract period, price, quantity, or other provision of an existing contract, accomplished in accordance with a contract clause.
Contract modification
A notice sent by the contracting officer stating that the contractor will be subject to a default termination unless it corrects a specific contract noncompliance or makes necessary progress to meet the delivery schedule.
Cure notice
The actual or anticipated failure of a contractor to fulfill the terms and conditions of the contract, thus giving the contracting officer the right to terminate the contract
Default
A change authorized under a contract’s changes clause.
Directed change
Reasonable steps taken by a person in order to satisfy a legal requirement, especially in buying or selling.
Due diligence
A change to the contract in which there is no doubt that a change has occurred; nothing is implied.
Explicit change
An enabling clause within a contract or subcontract which, because of their nature, are not usually contentious; may include order of precedence among the subcontractsections and clauses, designation of representatives, invoicing and delivery addresses, etc.
Facilitating clause
The transfer and translation of requirements from a prime contract into a subcontract in support of the prime contract
Flow down
A bilateral change, meaning both parties agree to the change,
which is typically done in advance of the change occurring.
Mutual assent modification:
A bilateral agreement indicating that the parties no longer wish to
be bound by the contract, and terminating both parties’ respective rights and obligations.
Mutual consent termination
A legally binding document setting forth the conditions under
which proprietary information is offered and received between the parties.
Nondisclosure agreement (NDA)
The contract between the customer and the seller with complete responsibility for the work.
Prime contract
The direct legal (contractual) relationship that exists between parties that allows either party to enforce contractual rights against the other party and seek remedy directly from the other party with whom this relationship exists.
Privity of contract
Data owned by a contractor that is not publicly available, and which
may be used only with the permission of the owner.
Proprietary information
The process of buying supplies and services utilizing a variety of contractual arrangements.
Purchasing:
A written delinquency notice informing a contractor of failure to perform within the specified terms of the contract, and advising that the buyer is considering termination for default, which affords the contractor the opportunity to show cause why it should not be
terminated.
Show cause notice
Any contract in support of a prime contract.
Subcontract:
The actions of a contract manager to develop solicitations and offers
and to form, perform, and close subcontracts.
Subcontract management
In a subcontract clause, references to the government are replaced by
references to the prime contractor, and the clause remains otherwise identical to the federal clause; compare with actual wording
Substitute wording
The process by which individual sections, paragraphs, or sentences of a specificationor solicitation are modified to meet the minimum requirements and specific needs of the requestor.
Tailoring
An agreement of two or more firms to form a partnership or joint venture to act as a potential prime contractor, or an agreement by a potential prime contractor to act as a subcontractor under a specified acquisition program.
Teaming agreement
An action taken pursuant to a contract clause in which the contracting officer unilaterally ends all or part of the work.
Termination
A change to a contract formed by the actions of one party without the input of the other party
Unilateral change
