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QPA State Exam > QPA State Exam > Flashcards

QPA State Exam Flashcards

0
Q

The formal organization of purchasing in NJ municipalities was created by the laws of what year?

A

1917

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1
Q

What is the bid threshold?

A

With QPA - $36,000

Without QPA - $17,500

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2
Q

What type of contract is most common the preferred form of purchase for government?

A

Firm Fixed Pricing

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3
Q

When is an emergency purchase acceptable?

A

When an issue arises impacting the public’s health, safety and welfare.

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4
Q

What is a requisition?

A

The start of the purchasing process; a form from a department requesting materials/supplies with the name of the Vendor, quantity and cost.

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5
Q

What is the bid threshold with a QPA

A

Max of $36,000

15% or $5,400 quote threshold

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6
Q

What is the purpose of having a purchasing manual?

A

To have the rules, regulations, and scenarios of the Purchasing Laws in effect as well as an entity’s own procedures to follow. Must include chain of command.

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7
Q

What is the bid threshold without a QPA

A

Max of $17,500

15% or $2,625 quote threshold

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8
Q

What is the time period to make an award after opening a Sealed Competitive Bid?

A

60 days

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9
Q

FOB Destination is?

A

The most advantageous shipping arrangement wherein the purchaser takes possession of the good at the final deliver point. The opposite of FOB origin.

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10
Q

Local Public Contracts Law Statutory Citation?

A

NJSA 40A:11-1 et seq

Fully P.L. 1999 C. 440 NJSA 40A:11-1 et seq

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11
Q

Professional Service contracts are for a period of…?

A

One year (12 months)

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12
Q

If collusion is suspected whom do you notify?

A

GB, County Prosecutor and/or Attorney General

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13
Q

When or if no bids are received, following an IFB, when can you negotiate with vendors?

A

Provided the bid is reissued, in the exact same composition, after no bids are received for a second time.

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14
Q

Who can award a contract over the bid threshold?

A

Governing Body (GB)

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15
Q

For total aggregate, can contracts be broken down?

A

No

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16
Q

How can a governing body enact local law in furtherance of the LCPL?

A

By resolution or more commonly ordinance.

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17
Q

What is a specification?

A

A concise statement of a set of requirements to be satisfied by a product, material or process.

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18
Q

What does MSDS stand for?

A

Material Safety Data Sheet

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19
Q

What requires Material Safety Data Sheets (MSDS)?

A

Workers’ Right to Know (RTK) Act

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20
Q

Advertisement must happen how many days before a bid?

A

10 calendar days or 60 calendar days for SW bid

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21
Q

A Bid Bond is what percentage of a contract not to exceed what dollar amount?

A

10% of contract price, not to exceed $20,000

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22
Q

A Bid Bond is your guarantee of what?

A

That the contractor with sign the contract if awarded

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23
Q

Consent of surety ensures that a contractor will be able to obtain what?

A

A Performance Bond from the insurance company.

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24
Q

What is a Labor & Material Payment Bond or simply a Payment Bond?

A

It is a bond the contractor secures and posts that ensures that the contractor will pay his employees, sub-contractors, and for all products used on the job.

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25
Q

What is a Maintenance Bond?

A

A bond that guarantees the product or job during a specific time period that is requested.

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26
Q

What is the maximum amount change orders can increase a contract without notification of DLGS?

A

20%

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27
Q

Define Aggregation

A

The total amount spent within a 12 month period starting with the date of first purchase for like items.

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28
Q

What is the Certification of Funds?

A

Acknowledgement that the money is available within the budget by the CFO for requisitions received or that said funds are available in anticipation of a contract award by GB.

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29
Q

What is an encumbrance and when should it occur?

A

An encumbrance of funds is the setting aside of monies within the budget for a specific purpose. This is accomplished through a PO and is required through Technical Accounting Directive - 1. An encumbrance should occur prior to an order taking place.

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30
Q

What types of transactions are governed by the Uniform Commercial Code (UCC)?

A

Commercial transactions.

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31
Q

Why was the Uniform Commercial Code (UCC) formulated?

A

To provide uniform statutes within all 50 states. All 50 have adopted the UCC but not uniformly.

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32
Q

Is there such a thing as an honest mistake?

A

Yes, and it may be a reason to legally withdraw a bid.

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33
Q

What is replevin?

A

The act of retrieving something wrongfully taken.

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34
Q

What are the two types of law practiced?

A

Common and Statutory

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35
Q

What is Common Rule?

A

The policies and procedures that comply with State and Federal Law.

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36
Q

When there is a dispute between terms of two agreements, is arbitration your only option?

A

No, other forms of alternate dispute resolution include fact finding or mediation.

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37
Q

Is a Purchase Order a contract?

A

Yes.

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38
Q

Can an Expressed Contract be written, oral or both?

A

Both up to $500, written thereafter.

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39
Q

The fundamental philosophy of our competitive bidding statute is…?

A

That economy be secured and extravagance, fraud and favoritism be prevented.

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40
Q

When a discrepancy in the bid occurs and the amount in words is different from the equivalent in numbers, which shall be binding?

A

The amount in words.

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41
Q

When a discrepancy in the bid occurs and there is a difference between the unit prices and the extended totals, which shall prevail?

A

The unit prices.

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42
Q

Under the NJ Prevailing Wage Act, how many days does a contractor have to submit his certified payroll records?

A

10 days

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43
Q

The Statement of Stockholder Disclosure lists the names and addresses of all stockholders in the corporation or partnership which own what percentage or more of its stock?

A

10%

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44
Q

What is necessary to make a change to the specifications being bid upon, which also must be issued to all prospective bidders?

A

An addendum (min 7 calendar days prior to opening)

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45
Q

Can you charge for bid specifications?

A

Yes.

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46
Q

When using FOB Origin/FOB shipping point, the transfer of ownership of the goods occurs when?

A

When the material leaves the seller’s dock.

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47
Q

What type of organization does not need the competitive process for a concession award?

A

A non-profit organization.

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48
Q

Within a non-fair and open contract arrangement, what is the maximum amount that is able to be donated by a vendor/contractor?

A

$300

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49
Q

How many times and within what time period must the lead agent in a Co-Op advertise?

A

Once per year.

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50
Q

Can a Governing Body award a contract over the bid threshold?

A

Yes.

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51
Q

What must all Committee members sign in order to participate in the review of proposals submitted via a competitive contracting RFP process?

A

A NO conflict of interest certification

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52
Q

What are the Branches of Law (or Government)?

A

Judicial, Legislative, Executive

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53
Q

A municipality may alter a budget appropriation or add an appropriation through what process?

A

A resolution authorizing a chapter 159

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54
Q

The statutes are designed to…?

A

Safeguard the public good and should be rigidly enforced by the court.

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55
Q

Contracts shall be signed within how many days of award or the local unit may move to the next bidder?

A

21 business days

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56
Q

How, when and by whom is the bid threshold increased?

A

Every 5 years (years ending in 0 and 5), no later than March 1, the Governor in consultation with the Department of the Treasury will adjust the threshold amount (rounded to the nearest $1,000) to become effective on July 1 of the same year

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57
Q

What does S.O.W. stand for?

A

Scope of Work

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58
Q

What is a Window Contract?

A

Contracts between $17,500 and your bid threshold. Awarded by resolution of the GB.

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59
Q

What is Competitive Contracting?

A

A method where contracting for specialized goods and services through formal Sealed Competitive Proposals (RFP) are solicited from vendors.

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60
Q

What is the Estoppel Period?

A

A period following the notice of a funding authorization wherein the public can object. 20 days when authorizing debt, 10 days when fully funded.

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61
Q

What is a Warranty?

A

A promise that goods are of a certain quality and conform to certain standards. A warranty is intended to protect that purchaser from poor workmanship and defect.

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62
Q

The statutory citation for the Local Public Contracts Law is?

A

NJSA 40A:11-1 et seq.

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63
Q

The statutory citation for the Local Fiscal Affairs Law is?

A

NJSA 40A:5

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64
Q

The statutory citation for the Local Budget Law is?

A

NJSA 40A:4

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65
Q

The statutory citation for the Local Bond Law is?

A

NJSA 40A:2

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66
Q

The statutory citation for the Local Public Land & Buildings Law is?

A

NJSA 40A:12

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67
Q

The three Technical Accounting Directives are

A

TAD 85-1 An Encumbrance System
TAD 85-2 Maintaining a fixed asset recording system
TAD 85-3 Use of a General Ledger

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68
Q

The statutory citation for the Pay-to-Play Law is?

A

NJSA 19:44A-1

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69
Q

Title 40A:9-22a is

A

The Local Government Ethics Law

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70
Q

A _____________________ ensures only that the contract, if awarded, will be signed by the perspective contractor or vendor.

A

Bid Bond/Guarantee

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71
Q

A ______________________ ensures that a perspective contractor will be able to obtain a Performance Bond from an insurance carrier.

A

Consent of Surety

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72
Q

A ______________________ ensures that a contractor will pay his employees, subcontractors and for all products he uses on the project.

A

Labor & Material Bond

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73
Q

A _______________________ provides protection of the products from breakdown during the term required.

A

Maintenance Bond

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74
Q

Advertisement must appear ___________ days prior to a bid, except for solid waste which is __________ days.

A

10/60

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75
Q

There are three types of Authority of an agent, what are they?

A

Express, Implied and Apparent

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76
Q

Express Authority

A

Authority given in writing to the agent setting limits on products, quantity and dollar amounts.

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77
Q

Implied Authority

A

Authority that is unstated but apparent, e.g. a uniform

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78
Q

Apparent Authority

A

Authority that the supplies assumes or believes someone has to make purchases, e.g. Administrator’s secretary who replenishes the postage machine

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79
Q

The most common types of specifications are…?

A

Performance and Design Specifications

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80
Q

P.L. _________, C ________ serves as the basis for our present LCPL.

A

P.L. 1999, C. 189. The key in this fill in the blank/multiple choice question is to know the year of the LPCL.

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81
Q

FOB term that is most advantageous t an entity is FOB point of…?

A

Destination

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82
Q

How can a local body enact law in furtherance of the LCPL?

A

Ordinance or Resolution

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83
Q

When a contracting unit determines that a bid was not arrived at independently, they must notify…?

A

The GB, Prosecutor and the AG

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84
Q

The statutory citation for the Local Government Ethics Law is?

A

40A:9-22.1 et seq

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85
Q

The two most common types of laws we are governed by are?

A

Statutory and Common (Case Law)

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86
Q

Forms of Bid Rigging include…

A

Rotating Bids, Bid Suppression and Complementary Bids

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87
Q

Advisories from the DLGS that have the force of regulation are called?

A

Local FInance Notices (LFN)

88
Q

What does Equalized Valuation represent?

A

The true value of all taxable property in the municipality

89
Q

Regulations concerning fiscal controls are established in…?

A

NJAC 5:30 et seq.

90
Q

DLGS requires the adoption of a capital budget where the cumulative cost of such items exceeds $__________ and will have a useful life of at least __________ years.

A

$25,000 and five years.

91
Q

The debt limit of a municipality may not exceed what percentage of the prior three years equalized assessed property valuation?

A

3.5%

92
Q

Bond anticipation notes may be issued for a period not exceeding _______?

A

1 year

93
Q

Advertising/bidding is not needed for sale or disposition of property if selling to?

A

US. NJ, Other Governmental Unit, Foreign nation with diplomatic relations with the us, any body politic which contributes tax raised funds.

94
Q

Contacts not executed by all parties within ________ days give the local unity the ability to bypass the bidder and go to the next lowest bidder?

A

21 business days

95
Q

Reasons to reject bids

A 
Exceeds cost estimate
exceeds budget
abandon project
GB substantially revises specification
Use of State Contract
96
Q

What are the advertising guidelines?

A

7 business days for addenda
10 days for bids
20 days for competitive contracting
60 days for solid waste contract

97
Q

NJSA 40A:11-1 et seq is…?

A

The Local Public Contracts Law

98
Q

Reasons to reject all bids

A 
Exceeds Budget
Exceeds Cost Estimate
Substantive Change to Specification
Entity Abandons Project
Use of State Contract or other Co-Op
99
Q

What are some items exempt from bidding?

A

Tax maps, personnel, PSAs, Towing, Insurance

100
Q

Leasing should not exceed how many years?

A

5, with some exceptions, e.g. resource recovery is 40 years

101
Q

What is required when exercising the purchase of an item because it is 10% less than state contract?

A 
Copy of PO
Resolution of GB
Written certification by QPA that item is 10% less than same on State Contract
Item must be identical
3 quotes
102
Q

Emergency contracts are called for when…?

A

There are issues impacting PUBLIC HEALTH, SAFETY or WELFARE

103
Q

Fixed assets include…?

A

Land, buildings, equipment with greater then $5,000 in value (or whatever threshold is established by the entity)

104
Q

What is a Project Labor Agreement?

A

A pre-hire collective bargaining agreement for a construction project in excess of $5,000,000

105
Q

NJ State Prevailing Wage Act - dollar amount thresholds are?

A

$15,444 for municipal

$2,000 for non-municipal

106
Q

True or False, the Public Works Registration Act requires a Contractor to have the PWRA certificate for construction projects at the time of bid opening?

A

TRUE

107
Q

The Americans With Disabilities Act of 1990 shall apply to all contracts.

A

TRUE

108
Q

True or False, EEO/Affirmative Action rules apply to all contracts in excess of the bid threshold?

A

TRUE
Exhibit A - Goods and Services
Exhibit B - Construction

109
Q

A Non-Collusion Affidavit can be applied to all contracts but is mandatory when?

A

Solid Waste Bid Spec

110
Q

Purpose and Construction of the UCC

A

a) To simplify, clarify and modernize the law governing commercial transactions
b) to permit the continues expansion of commercial practices through custom, usage and agreement of parties
c) to make uniform the law among various jurisdictions

111
Q

UCC - Uniform Commercial Code

A

A model code that reflects the common law for commercial transactions
must be enacted by each state
Is enacted by each state but not uniformly

112
Q

The Provisions of the UCC in the State of New Jersey

A

1) General Provisions
2) Sales
2a) Leasing of Property
3) Commercial Paper
4) Bank Deposits and Collection
5) Letters of Credit
6) Bank Transfers
7) Warehouse Receipts, Bills of Lading and other docs of title
8) Investment Securities
9) Secured Transactions, sales of accounts, etc.
10) Uniform construction, savings etc.

113
Q

What are the six (6) R’s of Purchasing

A 
Right:
Quality
Quantity
Price
Source
Method
Time
114
Q

Dillon’s Rule

A

A strict constructionist approach of STATE SUPREMACY over local government. STATE

115
Q

Cooley Doctrine

A

…That there exists an inherent right of LOCAL GOVERNMENT, which existed before state government. MUNICIPALITY

116
Q

Constitutional Blending

A

A blending of Dillon’s Rule and Cooley Docterine into HOME RULE

117
Q

GPANJ

A

Government Purchasing Association of New Jersey

118
Q

NIGP

A

National Institute of Governmental Purchasing

119
Q

What are the two documents that guide public purchasing?

A

LCPL NJSA 40A:11-1 et seq.

Local Public and Public School’s Contracts Law NJAC 5:34 - 1 et seq. & NJAC 5:30 - 5.1 et seq & NJAC 5:30 11.1 et seq

120
Q

R.P.P.S Stands for…?

A

Registered Public Purchasing Specialist

121
Q

What are the two documents that guide public purchasing?

A

LCPL NJSA 40A:11-1 et seq.

Local Public and Public School’s Contracts Law NJAC 5:34 - 1 et seq. & NJAC 5:30 - 5.1 et seq and NJAC 5:30 11.1 et seq

122
Q

R.P.P.O. Stands for…?

A

Registered Public Purchasing Officer

123
Q

Battle of the Forms

A

Terms and conditions on the back of the PO, if there’s a conflict the UCC shall govern

124
Q

Warranty of Title

A

Good Title —> Seller warrants he has right to sell

125
Q

Express Warranty

A

Formal promise or fact, s provided sample creates Express Warranty

126
Q

Implied Warranty

A

Seller is aware of the purpose for which the buyer needs the good…buyer is relying on seller to select proper good

127
Q

Statute of Limitations in Contracts for Sale

A

Action for Breach must be brought within 4 YEARS —-> may be reduced to not less than one year by mutual agreement of parties

128
Q

Purchasing and the Law of Agency - Three Types of Authority

A

Express - explicitly stated (oral or written)
Implied - unstated but obvious, e.g. a DPW uniform
Apparent - seller believes someone has the authority, buyer does not deny it but it is not explicitly stated, e.g, secretary having the authority to add money to the postage machine

129
Q

Unilateral Contract

A

The exchange of a promise for an act

130
Q

Bilateral Contract

A

The exchange of promises

131
Q

Implied Contract

A

Contractual relationship results from acts of the parties which indicate an intent to crease a contract even though they have failed to express such orally or in writing

132
Q

Express Contract

A

Parties have agreed orally or in writing

133
Q

Contract

A

An agreement, including a PO, which is a legally binding relationship enforceable by law between a vendor who will provide a good or service and a contracting unit which agrees to pay

134
Q

General Requirements of a Contractual Situation (4)

A

1) Capable Parties - all have contractual capacity
2) Mutual Consent - offer & acceptance without coercion
3) Lawful objective - the purpose is not illegal
4) A sufficient cause to contract - the consideration or price —> something for something

135
Q

Formation of a Contract (3)

A

Offer
Acceptance
Consideration

136
Q

Breach of Contract

A

There is a breach of contract whenever one or both parties fail to perform the contract

137
Q

Breach of Contract (2)

A

Actual - A failure to perform at the time and in the manner required by contract
Anticipatory - Not yet a failure of performance but it is expected

138
Q

What are the three (3) remedies for Breach of Contract?

A

1) Injured party can BRING ACTION for damages
2) Injured party may RESCIND CONTRACT
3) Injured party may BRING SUIT in equity to obtain a specific performance

139
Q

Types of Contracts

A

1) Firm Fixed Price - goods for a price
2) Agreements with escalation provision
3) Time and Material
4) Open Ended Agreements
5) Lease Agreements
6) Lease with the option to buy

140
Q

Law of Agency

A

Pertains to a company when it exceeds a one person operation because someone must be delegated to conduct business

141
Q

Statement of Corporate Ownership (Stockholder Disclosure Certification)

A

Required though a PL 1977; disclosure of all those with 10% or greater ownership

142
Q

Bid/Quote Thresholds

A

$36,000/$5,400

$17,500/$2,625

143
Q

Business Registration Certificate (BRC)

A

Mandatory at AWARD of contract but preferred at bid opening

144
Q

Six R’s of Public Purchasing

A 
Right:
Quality
Quantity
Time
Place
Source
Manner
145
Q

Benefits of Central Purchasing

A 
Volume
Small and emergency orders are reduced
Number of personnel are reduced or minimized
Maintain current inventory
Paperwork is reduced
146
Q

An Act Concerning Municipalities (1917)

A

1917 NJ legislation concerning function for its municipalities (first legislation regarding public purchasing)

147
Q

Definition of Public Purchasing

A

A management tool for the acquisition of goods and services for a public entity

148
Q

Electrical Contracting Licensing Act of 1962

A

Law requiring electrical work be done by licensed electricians

149
Q

NJ State Plumbing License Law of 1968

A

Law requiring plumbing work be done by licensed plumber

150
Q

NJ Underground Facility Protection Act

A

Markouts - no less than 3 business days, no more than 10 from digging

151
Q

Public vs. Private Purchasing

A

Public purchasing has a higher degree of statutory regulation and requirement for transparency

152
Q

General time limitations of contracts

A

PSA - 1 Year

Goods and Services - 2 years

153
Q

Alternate Dispute Resolution (ADR)

A

Mediation

Arbitration

155
Q

Disposition of Excess, Surplus and Obsolete Items

A

Excess - Too many, suitable for transfer (printers)
Surplus - Still useful but unit no longer needs (lawn mower)
Obsolete - Outdated, salvage or scrap (abacus)

156
Q

List types of concessions

A 
Pay Phones
Scoreboard/Billboard
Welcome Sign w/ Organization
Copier machine, e.g. in library for public use
Golf Courses
Bus Stops/Canopies
Snack bars
157
Q

List the 3 symptoms of over professionalism

A

Requiring excessive personnel to get job done
Lacking a willingness to accept any risk for overall function
Trying to do everything themselves

158
Q

List the four elements of a contract

A

Capable Parties
Mutual Consent
Lawful Objective
Consideration

159
Q

List 5 factors affecting the organizational placement and management role of centralized purchasing

A 
Org. and Management Philosophy
Custom
Political environment
Size of the purchasing operation
Resources available
160
Q

List the types of specification

A

Design, Performance, combination

161
Q

List the types of BID RIGGING

A 
Bid suppression
Complimentary Bids
Horizontal Price Fixing
Vertical Price Fixing
Price Fixing
Collusion
Alternating Bids
162
Q

A General Contractor must submit names of these sub-contractors with a bid

A

Plumbing
Electrical
HVAC
Structural Steel and Ornamental Ironwork

163
Q

Forms of Municipal Government

A 
Borough
Township
Village
Town
City

Three optional forms-
The Commission Act
Municipal Manager Act
Faulkner Act/Optional Municipal Charter

164
Q

List the methods of source selection (5)

A 
Competitive Sealed Bid
Competitive Contracting
Competitive Quotes
Proprietary Purchases (muffin monster)
Emergency Purchases
165
Q

List the items required in a bid, that if missing are incurable

A 
Bid Bond
Consent of Surety
Stockholder Disclosure
List of Sub-Contractors
Addenda
166
Q

The Optional Municipal Charter (Faulkner Act) provides for what plans?

A

Mayor-Council Plan
Council-Manager Plan
Small Municipality Plan
Mayor-Council-Administrator Plan

167
Q

What are the methods of disposition for items no longer needed?

A 
Sealed Bids
Public Auction
E-Procurement (govdeals)
Transfer
Trade In
Spot Quote
Sales to other local/governmental/boe unit
168
Q

List at least ten (10) elements of a Purchase Order

A

A list of 17 elements of a PO

1) PO Number
2) Vendor Name
3) Company Name
4) Date
5) Cost per item
6) Unit Cost
7) Item to be purchased
8) Certification of Funds Signature
9) Quantity requested
10) Approval signature
11) Claimant’s signature
12) Not to exceed amount
13) Ship to address
14) Any special instructions
15) FOB
16) State/Co-Op contract number - if applicable
17) Account number being charged

169
Q

List the 5 levels/types of local government

A 
County
Municipality
School District
Local Authority
Special District
170
Q

What is required for a “Fair and Open” Contract?

A

RFP/RFQ with criteria for award
Publicize in paper or on website 10 days prior to opening (20 for competitive contracting)
Publicly open and announce results
Review proposals and recommend award
GB makes public award (including all co-op purchasing contracts over $17,500)

171
Q

What are the functions of the DLGS

A

1) Tech assistance to local unites regarding the LPCL
2) Approval of applications for petty cash funds and regulations for same
3) Tech advice and assistant re: financial management
4) Tech assistance to munis regarding shared service laws, etc.
5) Publication of LFNs
6) Statutory requirements & statistical data
7) Review and register cooperative purchasing systems, approve competitive contracting exceptions and pre-qualification of bidders
8) Cooperation with Rutgers Center for Govt. Services for developing and presenting training programs
9) Prepare and supervise written exams for certifications and licensed positions, determine eligibility and award to qualifiers

172
Q

Retainage - Constriction Contracts of $100,000 or more call for a retainage of what percentage of the overall contract amount?

A

2%

173
Q

The prompt payment law requires payment within how many calendar days?

A

20, once all paperwork is according to Hoyle

174
Q

LFN 2012-10 National Cooperative Contracts

A
  • There are two type of national co-op, profit and non-profit
  • Process for co-op membership must comply with NJ law
  • cost analysis is required
  • resolution is recommended 10 days prior to award
175
Q

GSA Supply Schedules

A

Acceptable for repropgraphic equipment and homeland security items

176
Q

Types of cooperative procurement systems

A
  • Cooperative Pricing System - one unit acts as lead, members go to vendor directly
  • Joint Purchasing - two or more units join up
  • County/Regional Co-Op - lead agency does leg work, local unit contacts vendors directly
  • State Contract
177
Q

Procurement Cards (P-Cards)

A

Disbursements without vendor certification - e.g. online
Can’t exceed 15% of bid threshold without QPA manager for program
Can’t be used for hotels or entertainment
Used to pay obligations, not create them

178
Q

Reasons to reject an individual bid

A

Specs not adhered to (non-responsive)
Prior negative experience (court adjudication, use of surety, default of contract, debarment)
Unbalanced Bid
Bidder does not enter into a contract within 21 business days

179
Q

Reasons to reject all bids

A 
Bid exceeds cost estimate
Bid exceeds appropriation
GB abandons project
Substantial revision of spec
Decision to use state contract or other co-op
180
Q

When can PRICE and OTHER FACTORS be used

A

Tie Bids
Quotes
Competitive Contracting
Emergencies

181
Q

Definition of Responsive

A

Conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

182
Q

Definition of Responsible

A

able to complete the contract in accordance with its requirements

183
Q

List the 5 purposes of the competitive process

A

Secure quality and suitability
Prevent Favoritism
Reduce profiteering at the public’s expense
Promote interest in the public sector
Contribute in the health of the local economy

184
Q

The 5 basic means of transportation are?

A

Rail, Water, Motor, Air, Pipeline

185
Q

True or False, a competitive contract can be up to 7 years

A

False, up to 5 years

186
Q

True or False, you can negotiate on competitive contract RFPs

A

False, you can not negotiate

187
Q

True or False, in competitive contracting, the report ranking the proposals shall be made available to the public at least 48 hours prior to the awarding of the contract.

A

True

188
Q

True or False, specifications can require a form of pre-approval or pre-qualification of an equivalent product before submission of bids

A

False, under no circumstances should specifications require pre-approval or pre-qualification

189
Q

True or False, municipalities are not exempt from late fees or interest

A

True

190
Q

True or False, for capital improvements a 5% down payment is required

A

True for general capital

False for self-liquidating utilities

191
Q

True or False, the QPA can award EUS Contracts

A

False, governing body can

192
Q

True or False, real property is buildings and grounds

A

True

193
Q

True or False, a business receiving less than $50,000 in public contracts must file a report with ELEC

A

False, companies receiving more than $50,000 must file with ELEC

194
Q

True or False, contracts exceeding $10,000,000 must be reported to the office of the state comptroller thirty days prior to the anticipated date of approval

A

True

195
Q

True or False, contracts equal to or greater than $5,000,000 shall allow for Value Engineering Construction Change Orders to be approved after the award of the contract

A

True

196
Q

True or False, if remaining amount exceeds the bid threshold, public bidding should take place as soon as possible

A

True

197
Q

True or False, if remaining amount is between 15% and 100% of the units bid threshold and additional purchases are required for the current year only, public bidding is the only option

A

False, you may bid it but you may also award through soliciting quotes

198
Q

True or False, if remaining amount is between 15% and 100% of the units bid threshold and additional purchases are required for current year and subsequent yea but the total is less than the bid threshold, you can get authorization from Governing Body or designee to solicit quotes

A

True

199
Q

True or False, contracts exceeding $2,000,000 but not $10,000,000 must be reported to the Office of the State Comptroller 20 days after award

A

True

200
Q

True or False, national cooperative contracts may be used for public works and construction contracts

A

False, only viable for goods and services provided use of the co-op is acceptable

201
Q

True or False, trust fund monies can only be used for specific items as stated on account

A

True

202
Q

True or False, only manufactured and farm products of the US, wherever available, are to be used for construction projects.

A

False, for all contracts

203
Q

True or False, the contracting unit has the sole discretion of approving the Value Engineering Proposals

A

True

204
Q

True or False, a contract can limit a contractor’s remedy for a contracting unit’s negligence or bad faith

A

False

205
Q

True or False, all specifications for doing any public work for a contracting unit MAY fix the date before which the work may be completed.

A

False, all SHALL fix the date before which the work shall be completed

206
Q

_____________________ and ___________________ must approve Dedication by Riders prior to the spending of public funds

A

The Director of DLGS and Governing body must approve Dedication by Riders prior to the spending of public funds.

207
Q

The ______________ is the form that is the basis for payment

A

Voucher

208
Q

In a ______________________ program, all parties must specify the quantities needed in advance, the lead agency certifies funds for all in the program. Funds must be transferred to the lead agency prior to award of the contract. The Lead agency takes care of payments and deals directly with the vendor on behalf of all parties.

A

A JOINT PURCHASING program

209
Q

A ___________________ is a cost reduction analysis by the contractor

A

Value Engineering Proposal

210
Q

__________________ price fixing is where different levels of distribution set price set price for product/service. Sets min/max prices for resale.

A

Vertical Price Fixing

211
Q

_________________ price fixing is an agreement between vendors at the same level of distribution of products and services.

A

Horizontal Price Fixing

212
Q

Who approves Special District Budgets

A

Voters

213
Q

Challenge by a vendor to a bid specification should be received in writing no less than how many days PRIOR to opening the bid?

A

3 days

214
Q

What are the 3 E’s of purchasing

A

Efficiency, Effectiveness, Economy

215
Q

What are the 3 C’s of purchasing

A

Cooperation, Communication, Coordination

216
Q

Value Engineering is for what type of contracts?

A

Construction

217
Q

The savings generated through an approved Value Engineering Change Order shall be equally shared between who?

A

Contractor and Contracting Unit

218
Q

Fair value equals what?

A

15%

219
Q

What are the 7 components/domains of the Local Government Ethics Law?

A 
1 - Representation
2- Post Employment
3 - Gifts
4 - Information
5 - Conflict of Interest
6 - Unwarranted Privileges
7 - Independence of Judgement

QPA State Exam (1 decks)

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