QPA State Exam Flashcards

0
Q

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

A

1917

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the bid threshold?

A

With QPA - $36,000

Without QPA - $17,500

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

Firm Fixed Pricing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When is an emergency purchase acceptable?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the bid threshold with a QPA

A

Max of $36,000

15% or $5,400 quote threshold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the bid threshold without a QPA

A

Max of $17,500

15% or $2,625 quote threshold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

60 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Professional Service contracts are for a period of…?

A

One year (12 months)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If collusion is suspected whom do you notify?

A

GB, County Prosecutor and/or Attorney General

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who can award a contract over the bid threshold?

A

Governing Body (GB)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

For total aggregate, can contracts be broken down?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

By resolution or more commonly ordinance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a specification?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does MSDS stand for?

A

Material Safety Data Sheet

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What requires Material Safety Data Sheets (MSDS)?

A

Workers’ Right to Know (RTK) Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Advertisement must happen how many days before a bid?

A

10 calendar days or 60 calendar days for SW bid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

A Bid Bond is your guarantee of what?

A

That the contractor with sign the contract if awarded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

A Performance Bond from the insurance company.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
What is a Labor & Material Payment Bond or simply a Payment Bond?
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.
25
What is a Maintenance Bond?
A bond that guarantees the product or job during a specific time period that is requested.
26
What is the maximum amount change orders can increase a contract without notification of DLGS?
20%
27
Define Aggregation
The total amount spent within a 12 month period starting with the date of first purchase for like items.
28
What is the Certification of Funds?
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.
29
What is an encumbrance and when should it occur?
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.
30
What types of transactions are governed by the Uniform Commercial Code (UCC)?
Commercial transactions.
31
Why was the Uniform Commercial Code (UCC) formulated?
To provide uniform statutes within all 50 states. All 50 have adopted the UCC but not uniformly.
32
Is there such a thing as an honest mistake?
Yes, and it may be a reason to legally withdraw a bid.
33
What is replevin?
The act of retrieving something wrongfully taken.
34
What are the two types of law practiced?
Common and Statutory
35
What is Common Rule?
The policies and procedures that comply with State and Federal Law.
36
When there is a dispute between terms of two agreements, is arbitration your only option?
No, other forms of alternate dispute resolution include fact finding or mediation.
37
Is a Purchase Order a contract?
Yes.
38
Can an Expressed Contract be written, oral or both?
Both up to $500, written thereafter.
39
The fundamental philosophy of our competitive bidding statute is...?
That economy be secured and extravagance, fraud and favoritism be prevented.
40
When a discrepancy in the bid occurs and the amount in words is different from the equivalent in numbers, which shall be binding?
The amount in words.
41
When a discrepancy in the bid occurs and there is a difference between the unit prices and the extended totals, which shall prevail?
The unit prices.
42
Under the NJ Prevailing Wage Act, how many days does a contractor have to submit his certified payroll records?
10 days
43
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?
10%
44
What is necessary to make a change to the specifications being bid upon, which also must be issued to all prospective bidders?
An addendum (min 7 calendar days prior to opening)
45
Can you charge for bid specifications?
Yes.
46
When using FOB Origin/FOB shipping point, the transfer of ownership of the goods occurs when?
When the material leaves the seller's dock.
47
What type of organization does not need the competitive process for a concession award?
A non-profit organization.
48
Within a non-fair and open contract arrangement, what is the maximum amount that is able to be donated by a vendor/contractor?
$300
49
How many times and within what time period must the lead agent in a Co-Op advertise?
Once per year.
50
Can a Governing Body award a contract over the bid threshold?
Yes.
51
What must all Committee members sign in order to participate in the review of proposals submitted via a competitive contracting RFP process?
A NO conflict of interest certification
52
What are the Branches of Law (or Government)?
Judicial, Legislative, Executive
53
A municipality may alter a budget appropriation or add an appropriation through what process?
A resolution authorizing a chapter 159
54
The statutes are designed to...?
Safeguard the public good and should be rigidly enforced by the court.
55
Contracts shall be signed within how many days of award or the local unit may move to the next bidder?
21 business days
56
How, when and by whom is the bid threshold increased?
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
57
What does S.O.W. stand for?
Scope of Work
58
What is a Window Contract?
Contracts between $17,500 and your bid threshold. Awarded by resolution of the GB.
59
What is Competitive Contracting?
A method where contracting for specialized goods and services through formal Sealed Competitive Proposals (RFP) are solicited from vendors.
60
What is the Estoppel Period?
A period following the notice of a funding authorization wherein the public can object. 20 days when authorizing debt, 10 days when fully funded.
61
What is a Warranty?
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.
62
The statutory citation for the Local Public Contracts Law is?
NJSA 40A:11-1 et seq.
63
The statutory citation for the Local Fiscal Affairs Law is?
NJSA 40A:5
64
The statutory citation for the Local Budget Law is?
NJSA 40A:4
65
The statutory citation for the Local Bond Law is?
NJSA 40A:2
66
The statutory citation for the Local Public Land & Buildings Law is?
NJSA 40A:12
67
The three Technical Accounting Directives are
TAD 85-1 An Encumbrance System TAD 85-2 Maintaining a fixed asset recording system TAD 85-3 Use of a General Ledger
68
The statutory citation for the Pay-to-Play Law is?
NJSA 19:44A-1
69
Title 40A:9-22a is
The Local Government Ethics Law
70
A _____________________ ensures only that the contract, if awarded, will be signed by the perspective contractor or vendor.
Bid Bond/Guarantee
71
A ______________________ ensures that a perspective contractor will be able to obtain a Performance Bond from an insurance carrier.
Consent of Surety
72
A ______________________ ensures that a contractor will pay his employees, subcontractors and for all products he uses on the project.
Labor & Material Bond
73
A _______________________ provides protection of the products from breakdown during the term required.
Maintenance Bond
74
Advertisement must appear ___________ days prior to a bid, except for solid waste which is __________ days.
10/60
75
There are three types of Authority of an agent, what are they?
Express, Implied and Apparent
76
Express Authority
Authority given in writing to the agent setting limits on products, quantity and dollar amounts.
77
Implied Authority
Authority that is unstated but apparent, e.g. a uniform
78
Apparent Authority
Authority that the supplies assumes or believes someone has to make purchases, e.g. Administrator's secretary who replenishes the postage machine
79
The most common types of specifications are...?
Performance and Design Specifications
80
P.L. _________, C ________ serves as the basis for our present LCPL.
P.L. 1999, C. 189. The key in this fill in the blank/multiple choice question is to know the year of the LPCL.
81
FOB term that is most advantageous t an entity is FOB point of...?
Destination
82
How can a local body enact law in furtherance of the LCPL?
Ordinance or Resolution
83
When a contracting unit determines that a bid was not arrived at independently, they must notify...?
The GB, Prosecutor and the AG
84
The statutory citation for the Local Government Ethics Law is?
40A:9-22.1 et seq
85
The two most common types of laws we are governed by are?
Statutory and Common (Case Law)
86
Forms of Bid Rigging include...
Rotating Bids, Bid Suppression and Complementary Bids
87
Advisories from the DLGS that have the force of regulation are called?
Local FInance Notices (LFN)
88
What does Equalized Valuation represent?
The true value of all taxable property in the municipality
89
Regulations concerning fiscal controls are established in...?
NJAC 5:30 et seq.
90
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.
$25,000 and five years.
91
The debt limit of a municipality may not exceed what percentage of the prior three years equalized assessed property valuation?
3.5%
92
Bond anticipation notes may be issued for a period not exceeding _______?
1 year
93
Advertising/bidding is not needed for sale or disposition of property if selling to?
US. NJ, Other Governmental Unit, Foreign nation with diplomatic relations with the us, any body politic which contributes tax raised funds.
94
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?
21 business days
95
Reasons to reject bids
``` Exceeds cost estimate exceeds budget abandon project GB substantially revises specification Use of State Contract ```
96
What are the advertising guidelines?
7 business days for addenda 10 days for bids 20 days for competitive contracting 60 days for solid waste contract
97
NJSA 40A:11-1 et seq is...?
The Local Public Contracts Law
98
Reasons to reject all bids
``` Exceeds Budget Exceeds Cost Estimate Substantive Change to Specification Entity Abandons Project Use of State Contract or other Co-Op ```
99
What are some items exempt from bidding?
Tax maps, personnel, PSAs, Towing, Insurance
100
Leasing should not exceed how many years?
5, with some exceptions, e.g. resource recovery is 40 years
101
What is required when exercising the purchase of an item because it is 10% less than state contract?
``` 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
Emergency contracts are called for when...?
There are issues impacting PUBLIC HEALTH, SAFETY or WELFARE
103
Fixed assets include...?
Land, buildings, equipment with greater then $5,000 in value (or whatever threshold is established by the entity)
104
What is a Project Labor Agreement?
A pre-hire collective bargaining agreement for a construction project in excess of $5,000,000
105
NJ State Prevailing Wage Act - dollar amount thresholds are?
$15,444 for municipal | $2,000 for non-municipal
106
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?
TRUE
107
The Americans With Disabilities Act of 1990 shall apply to all contracts.
TRUE
108
True or False, EEO/Affirmative Action rules apply to all contracts in excess of the bid threshold?
TRUE Exhibit A - Goods and Services Exhibit B - Construction
109
A Non-Collusion Affidavit can be applied to all contracts but is mandatory when?
Solid Waste Bid Spec
110
Purpose and Construction of the UCC
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
UCC - Uniform Commercial Code
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
The Provisions of the UCC in the State of New Jersey
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
What are the six (6) R's of Purchasing
``` Right: Quality Quantity Price Source Method Time ```
114
Dillon's Rule
A strict constructionist approach of STATE SUPREMACY over local government. STATE
115
Cooley Doctrine
...That there exists an inherent right of LOCAL GOVERNMENT, which existed before state government. MUNICIPALITY
116
Constitutional Blending
A blending of Dillon's Rule and Cooley Docterine into HOME RULE
117
GPANJ
Government Purchasing Association of New Jersey
118
NIGP
National Institute of Governmental Purchasing
119
What are the two documents that guide public purchasing?
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
R.P.P.S Stands for...?
Registered Public Purchasing Specialist
121
What are the two documents that guide public purchasing?
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
R.P.P.O. Stands for...?
Registered Public Purchasing Officer
123
Battle of the Forms
Terms and conditions on the back of the PO, if there's a conflict the UCC shall govern
124
Warranty of Title
Good Title ---> Seller warrants he has right to sell
125
Express Warranty
Formal promise or fact, s provided sample creates Express Warranty
126
Implied Warranty
Seller is aware of the purpose for which the buyer needs the good...buyer is relying on seller to select proper good
127
Statute of Limitations in Contracts for Sale
Action for Breach must be brought within 4 YEARS ----> may be reduced to not less than one year by mutual agreement of parties
128
Purchasing and the Law of Agency - Three Types of Authority
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
Unilateral Contract
The exchange of a promise for an act
130
Bilateral Contract
The exchange of promises
131
Implied Contract
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
Express Contract
Parties have agreed orally or in writing
133
Contract
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
General Requirements of a Contractual Situation (4)
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
Formation of a Contract (3)
Offer Acceptance Consideration
136
Breach of Contract
There is a breach of contract whenever one or both parties fail to perform the contract
137
Breach of Contract (2)
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
What are the three (3) remedies for Breach of Contract?
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
Types of Contracts
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
Law of Agency
Pertains to a company when it exceeds a one person operation because someone must be delegated to conduct business
141
Statement of Corporate Ownership (Stockholder Disclosure Certification)
Required though a PL 1977; disclosure of all those with 10% or greater ownership
142
Bid/Quote Thresholds
$36,000/$5,400 | $17,500/$2,625
143
Business Registration Certificate (BRC)
Mandatory at AWARD of contract but preferred at bid opening
144
Six R's of Public Purchasing
``` Right: Quality Quantity Time Place Source Manner ```
145
Benefits of Central Purchasing
``` Volume Small and emergency orders are reduced Number of personnel are reduced or minimized Maintain current inventory Paperwork is reduced ```
146
An Act Concerning Municipalities (1917)
1917 NJ legislation concerning function for its municipalities (first legislation regarding public purchasing)
147
Definition of Public Purchasing
A management tool for the acquisition of goods and services for a public entity
148
Electrical Contracting Licensing Act of 1962
Law requiring electrical work be done by licensed electricians
149
NJ State Plumbing License Law of 1968
Law requiring plumbing work be done by licensed plumber
150
NJ Underground Facility Protection Act
Markouts - no less than 3 business days, no more than 10 from digging
151
Public vs. Private Purchasing
Public purchasing has a higher degree of statutory regulation and requirement for transparency
152
General time limitations of contracts
PSA - 1 Year | Goods and Services - 2 years
153
Alternate Dispute Resolution (ADR)
Mediation | Arbitration
155
Disposition of Excess, Surplus and Obsolete Items
Excess - Too many, suitable for transfer (printers) Surplus - Still useful but unit no longer needs (lawn mower) Obsolete - Outdated, salvage or scrap (abacus)
156
List types of concessions
``` 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
List the 3 symptoms of over professionalism
Requiring excessive personnel to get job done Lacking a willingness to accept any risk for overall function Trying to do everything themselves
158
List the four elements of a contract
Capable Parties Mutual Consent Lawful Objective Consideration
159
List 5 factors affecting the organizational placement and management role of centralized purchasing
``` Org. and Management Philosophy Custom Political environment Size of the purchasing operation Resources available ```
160
List the types of specification
Design, Performance, combination
161
List the types of BID RIGGING
``` Bid suppression Complimentary Bids Horizontal Price Fixing Vertical Price Fixing Price Fixing Collusion Alternating Bids ```
162
A General Contractor must submit names of these sub-contractors with a bid
Plumbing Electrical HVAC Structural Steel and Ornamental Ironwork
163
Forms of Municipal Government
``` Borough Township Village Town City ``` Three optional forms- The Commission Act Municipal Manager Act Faulkner Act/Optional Municipal Charter
164
List the methods of source selection (5)
``` Competitive Sealed Bid Competitive Contracting Competitive Quotes Proprietary Purchases (muffin monster) Emergency Purchases ```
165
List the items required in a bid, that if missing are incurable
``` Bid Bond Consent of Surety Stockholder Disclosure List of Sub-Contractors Addenda ```
166
The Optional Municipal Charter (Faulkner Act) provides for what plans?
Mayor-Council Plan Council-Manager Plan Small Municipality Plan Mayor-Council-Administrator Plan
167
What are the methods of disposition for items no longer needed?
``` Sealed Bids Public Auction E-Procurement (govdeals) Transfer Trade In Spot Quote Sales to other local/governmental/boe unit ```
168
List at least ten (10) elements of a Purchase Order
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
List the 5 levels/types of local government
``` County Municipality School District Local Authority Special District ```
170
What is required for a "Fair and Open" Contract?
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
What are the functions of the DLGS
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
Retainage - Constriction Contracts of $100,000 or more call for a retainage of what percentage of the overall contract amount?
2%
173
The prompt payment law requires payment within how many calendar days?
20, once all paperwork is according to Hoyle
174
LFN 2012-10 National Cooperative Contracts
- 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
GSA Supply Schedules
Acceptable for repropgraphic equipment and homeland security items
176
Types of cooperative procurement systems
- 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
Procurement Cards (P-Cards)
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
Reasons to reject an individual bid
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
Reasons to reject all bids
``` Bid exceeds cost estimate Bid exceeds appropriation GB abandons project Substantial revision of spec Decision to use state contract or other co-op ```
180
When can PRICE and OTHER FACTORS be used
Tie Bids Quotes Competitive Contracting Emergencies
181
Definition of Responsive
Conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.
182
Definition of Responsible
able to complete the contract in accordance with its requirements
183
List the 5 purposes of the competitive process
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
The 5 basic means of transportation are?
Rail, Water, Motor, Air, Pipeline
185
True or False, a competitive contract can be up to 7 years
False, up to 5 years
186
True or False, you can negotiate on competitive contract RFPs
False, you can not negotiate
187
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.
True
188
True or False, specifications can require a form of pre-approval or pre-qualification of an equivalent product before submission of bids
False, under no circumstances should specifications require pre-approval or pre-qualification
189
True or False, municipalities are not exempt from late fees or interest
True
190
True or False, for capital improvements a 5% down payment is required
True for general capital | False for self-liquidating utilities
191
True or False, the QPA can award EUS Contracts
False, governing body can
192
True or False, real property is buildings and grounds
True
193
True or False, a business receiving less than $50,000 in public contracts must file a report with ELEC
False, companies receiving more than $50,000 must file with ELEC
194
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
True
195
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
True
196
True or False, if remaining amount exceeds the bid threshold, public bidding should take place as soon as possible
True
197
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
False, you may bid it but you may also award through soliciting quotes
198
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
True
199
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
True
200
True or False, national cooperative contracts may be used for public works and construction contracts
False, only viable for goods and services provided use of the co-op is acceptable
201
True or False, trust fund monies can only be used for specific items as stated on account
True
202
True or False, only manufactured and farm products of the US, wherever available, are to be used for construction projects.
False, for all contracts
203
True or False, the contracting unit has the sole discretion of approving the Value Engineering Proposals
True
204
True or False, a contract can limit a contractor's remedy for a contracting unit's negligence or bad faith
False
205
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.
False, all SHALL fix the date before which the work shall be completed
206
_____________________ and ___________________ must approve Dedication by Riders prior to the spending of public funds
The Director of DLGS and Governing body must approve Dedication by Riders prior to the spending of public funds.
207
The ______________ is the form that is the basis for payment
Voucher
208
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 JOINT PURCHASING program
209
A ___________________ is a cost reduction analysis by the contractor
Value Engineering Proposal
210
__________________ price fixing is where different levels of distribution set price set price for product/service. Sets min/max prices for resale.
Vertical Price Fixing
211
_________________ price fixing is an agreement between vendors at the same level of distribution of products and services.
Horizontal Price Fixing
212
Who approves Special District Budgets
Voters
213
Challenge by a vendor to a bid specification should be received in writing no less than how many days PRIOR to opening the bid?
3 days
214
What are the 3 E's of purchasing
Efficiency, Effectiveness, Economy
215
What are the 3 C's of purchasing
Cooperation, Communication, Coordination
216
Value Engineering is for what type of contracts?
Construction
217
The savings generated through an approved Value Engineering Change Order shall be equally shared between who?
Contractor and Contracting Unit
218
Fair value equals what?
15%
219
What are the 7 components/domains of the Local Government Ethics Law?
``` 1 - Representation 2- Post Employment 3 - Gifts 4 - Information 5 - Conflict of Interest 6 - Unwarranted Privileges 7 - Independence of Judgement ```