Protest, MOD, WB Reading 4-7 to 4-9

Question 1

What is a bilateral modification?

Answer 1

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

Requires the signature of the Contracting Officer and the contractor

Question 2

What is a change order?

Answer 2

Change to a contract where the KO directs the contractor to make change with or w/o consent

Question 3

What is a change order?

Answer 3

Written order signed by PCO, directing the contractor to make a change without prior agreement

Authorized by the “Changes Clause” under noncommercial efforts

Limitations to Changes

• Place of delivery
• Change in packaging
• Change to design or specifications

Contractor must continue performance, as changed

Creates “undefinitized” Government liability & contractor may be entitled to equitable adjustment

Question 4

Define in-scope modification:

Answer 4

An “in-scope” modification does not:

Place an undue burden on the contractor

Does not disrupt the competitive aspect

Question 5

Define out of scope modification:

Answer 5

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

Question 6

Cardinal changes are:

Answer 6

Are NOT in scope

Should be the exception, not the rule

• Are not prohibited
• May require a J&A

Question 7

What is a constructive change?

Answer 7

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

Question 8

A constructive change must involve:

Answer 8

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

Question 9

IAW Modification policy, only _______________ are empowered to execute modifications on behalf of the Government.

Answer 9

Contracting officers (KOs)

Preference for priced modifications if time permits

Question 10

Unilateral modifications are:

Answer 10

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, etc.

Question 11

Bilateral modification requires:

Answer 11

Requires the signature of the Contracting Officer and the contractor

Question 12

Unilateral modification requires:

Answer 12

Only contracting officer’s signature needed

Question 13

What part of the FAR addresses PROTESTS?

Answer 13

FAR 33

Question 14

What is a protest?

Answer 14

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.

Question 15

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

Answer 15

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

Question 16

How long should it take to resolve an agency protest?

Answer 16

35 days

Question 17

How long should it take to resolve a GAO protest?

Answer 17

100 days

Question 18

What is the deadline for filing a protest?

Answer 18

no later than 10 days after the basis of protest is known or should have been known, whichever is earlier

Question 19

How many days does a contractor have to request a debriefing?

Answer 19

3 days

Question 20

How many days does the government have to respond to and schedule a request for debriefing?

Answer 20

5 days

Question 21

What is contract administration?

Answer 21

involves those activities performed by government officials after a contract has been awarded to determine how well the government and the contractor performed to meet the requirements of the contract

Question 22

Contract administration encompasses:

Answer 22

all dealings between the government and the contractor from the time the contract is awarded until the work has been completed and accepted or the contract terminated, payment has been made, and disputes have been resolved

Question 23

In contract administration, the focus is on:

Answer 23

obtaining supplies and services, of requisite quality, on time, and within budget

Question 24

The responsibility for contract administration may be retained by the contracting office …….

Answer 24

referred to as “cradle to grave” or delegated, partially or entirely, to a contract administration office (CAO)

Question 25

Post award orientation can be either by:

Answer 25

conference, letter or some other form of communication, facilitates the establishment of a good working relationship

Question 26

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

Answer 26

(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

Question 27

Products not delivered on time can be requested by:

Answer 27

consideration

Question 28

Post award orientation:

Answer 28

is not always necessary (ex: supply items)

dependent upon requirement, complexity of requirement

Question 29

Alternative Dispute Resolution (ADR) technique is known as:

Answer 29

partnering

should be discussed with the contractor to help avoid future contract administration problems

Question 30

Past performance information is:

Answer 30

relevant info

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

Question 31

Past performance information includes:

Answer 31

(1) Conforming to contract requirements and to standards of good workmanship;
(2) Forecasting and controlling costs;
(3) Adherence to schedules, including the administrative aspects of performance;
(4) Reasonable and cooperative behavior and commitment to customer satisfaction;
(5) Reporting into databases
(6) Integrity and business ethics; and
(7) Business-like concern for the interest of the customer.

Question 32

FAR 42.1503 requires that agencies:

Answer 32

furnish a copy of their contractor performance evaluations to contractors and that contractors be given an opportunity to respond

Question 33

Step one in contract administration is:

Answer 33

Read the Contract

Question 34

Partnering is known as:

Answer 34

Alternative Dispute Resolution (ADR) technique

Question 35

Limitations to Changes in change orders:

Answer 35

• Place of delivery
• Change in packaging
• Change to design or specifications