Test 3 Review Material Flashcards
What is a written objection by an interested party to a solicitation or an award of a contract by or for a federal agency?
protest
What agencies can protests be filled with and who chooses who the protest goes to?
The protester decides who to protest to and the agencies are:
Agency
General Accountability Office (GAO)
U.S. Court of Federal Claims
What are the two types of price indices?
- Simple
* Aggregate
Protests based on alleged apparent improprieties in a solicitation shall be filed ___________ or the _________. In all other cases, protests shall be filed no later than _____ days after the basis of protest is known or should have been known, whichever is earlier. Or ___ days after a debriefing date offered to the protester, whichever is later
- before bid opening,
- closing date for receipt of proposals
- 10
- 5
What are the 6 essential elements of a contract?
- Competent parties – 1. Capacity, 2. Competence & 3. Authority.
- Mutual Assent – Meeting of the Minds.
- Consideration – Must be Mutual, no piggy-backing of previous contracts.
- Lawful Purpose – Obey the FAR & Statutes, Anti-Deficiency.
- Certainty of Terms –Price, Delivery schedule & Quantity.
- Form provided by law
What is an unauthorized commitment?
An unauthorized commitment is an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. Must be “ratified”
What are the two types of Modifications?
Unilateral and Bilateral
What is a bilateral modification?
• Requires the signature of the Contracting Officer and the contractor
• Bilateral modifications are used to –
(1) Make negotiated equitable adjustments resulting from the issuance of a change order;
(2) Definitize letter contracts; and
(3) Reflect other agreements of the parties modifying the terms of contracts.(Supplemental Agreements)
What is a unilateral modification?
• Only contracting officer’s signature needed
• Examples include:
– Change order issued per the “Changes” clause (within scope of contract)
– Administrative changes such as paying office change, fund cite change, etc.
– Termination Notices
– Mods issued pursuant to other contract clauses
• Example – Options , Suspension of work
A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract
Claim, Must be certified
Any claim exceeding _____________ shall be certified in writing by the contractor
$100,000
After review of the claim and all associated facts to include legal review, the contracting officer has _____ to issue a final decision.
60 days
Contractors have _______ to file a claim unless the parties agree to a shorter time period
6 years
What protect the contractor from sanctions for late performance when the event is, “beyond the control” of the contractor; without “fault or negligence” of the contractor; or unforeseeable?
Excusable Delays
What are delays generally directed by the KO IAW such as, suspension of work clause under construction contracts, stop work clause; supplies, services, or R&D or Government Delay of Work, mandatory for FFP non-commercial supplies?
Compensable (Govt.)Delays
