6C0X1 CDC Set A Essays

6C0X1 CDC Set A Essays 6C0X1 CDC Set A Paper 6C0X1 CDC Set A Paper What act simplified the procurement of any item estimated at less than $100,000 and addedthe micro-purchase threshold of $2,500? a. Federal Acquisition Streamlining Act. What agencys objective is to provide aid and counseling to small businesses? Small Business Administration. When a government contract is ambiguous, interpretation is normally construes against the government If the government official clarifies an ambiguous contract, the contractor is entitled to rely on the clarification Which is a correct statement concerning sovereign power? It is the supreme, absolute, and uncontrollable power by which any independent state isgoverned. The elements of the government;s dual capacity are proprietary and sovereign. As a general rule, what is the government;s status as a party to a contract? The government has a dual capacity;;that of a party to the contract and as a sovereign. On which type contract can the government be sued? Implied-in-fact and expressed. The government cannot be sued on a claim brought on which type contract? Implied-in-law. State law is generally not applied in federal procurement cases since state courts have no jurisdiction to decide matters of federal procurement. In the principal-agent relationship, which party acts on behalf of another party? Agent Which party is the contractor? Third Party Which party is the contractor? Express and implied. Express actual authority is created by explicit language in writing or orally from the principal to the agent. Which is characteristic of implied authority? It is necessary or incidental to carrying out the express authority. When government personnel make a mistake, the US Supreme Court has stated that rather than adopt a rule that might injure the public, it is better for an individual to occasionally suffer from the mistakes. Who is responsible for ascertaining whether government agents are acting within the bounds of their authority? The contractor. Estoppel means to restrain a person to prevent him from contradicting his own previous assertion. When selecting contracting officers (CO), what does the appointing authority consider? Complexity and dollar value of the acquisition. A contracting officer (CO) appointment must be reviewed at least every five years. Which statement is true concerning the contracting officer;s (CO) appointment or termination? In no event will the termination of a contracting officer (CO) be retroactive. What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority? Unauthorized commitment. What action may be taken for a nonratifiable commitment? Resolution by the Government Accountability Office (GAO) claim procedures. For a contract to be enforceable, its terms must be clear enough to permit the courts to interpret the duties and obligations to be performed by either party. When no time is stated, how long will an offer continue? Until the expiration of a reasonable time. An offeror;s withdrawal of an offer before acceptance is called a revocation. Which of these is an example of rejecting an offer? Proposing a counter offer. Which statement is true concerning communicating acceptance of a contract? If the time, place, and means of communication are expressed by the offeror, no other time, place, or means will constitute an acceptance. The term ;mutual assent; indicates the parties involved intend that a contract be formed. What is the name given to the exchange of promises? Consideration. What is meant by adequate consideration? The consideration in the exchange is a fair bargain. A promise to do something that one is not legally bound to do constitutes a detriment. Which individual would be considered competent to enter into a contract? A 23-year-old car salesperson. If the competency of a corporation is drawn into question, the contracting officer (CO) should call the Secretary of state where the contractor resides, does business, or is incorporated. As a general rule, a contract that violates a statute is unlawful and void and will not be enforced. Which statement most closely defines categories of contracts that are unenforceable as against public policy? Contracts that go against the common sense conscience of the community. Which position is responsible for managing the socio-economic and other public policy programs? Director of business programs. Which is not a function of the contracting superintendent? Appointment of contracting officers (CO). Why should contracting officer (CO) authority be discussed in every customer education training session? All of the above. To promote and provide for the acquisition of commercial items and to promote full and open competition to the maximum extent possible, contracting officers (CO) must perform acquisition planning and conduct market research. Which organization contains the Defense Acquisition Regulation Council (DAR Council) director? Secretary of Defense. What is meant by implementing the Federal Acquisition Regulation (FAR)? Providing agency procedures to carry out the prescriptions in the Federal Acquisition Regulation (FAR). By whose order is the Air Force Federal Acquisition Regulation Supplement (AFFARS) issued? Office of the Secretary of the Air Force. In determining the action to take in a specific case requiring a contract adjustment, the Comptroller General Decisions are referred to and used as precedents. What is the definition of a classified contract? Any contract that requires, or may require, access to classified information by the contractor in the performance of the contract. The requirements of the Defense Industrial Security Program (DISP) would apply to which of the following contracts? Classified. The major determining factor in deciding if information qualifies as contractor bid or proposal information or source selection information is that it contains information that has not previously been made available to the public. Which of these is not an example of contractor bid or proposal information? Cost or technical evaluation of proposals. How is source selection information marked? Mark the cover and each page containing information ;Source Selection Information-See FAR 3.104.; Services of a type offered and sold competitively in substantial quantities in the commercial marketplace for tasks performed under standard commercial terms and conditions can be considered commercial items if they are based on established catalog or market prices for specific tasks performed. For acquisitions estimated below the simplified acquisition threshold (SAT), market research must be done when adequate information is not available and the circumstances justify the cost. Simplified acquisition procedures (SAP) may be used for the acquisition of commercial itemsup to a maximum of $5,000,000. What factors affect the amount of market research conducted? Urgency, complexity, estimated dollar value, and past experience. If you determine that the requirement in a purchase request meets the definition of a commercial item and the item is customarily available in the commercial marketplace, what part of the Federal Acquisition Regulation (FAR) should you consult for procedures for the solicitation and award? 12 The contracting officer (CO) must always ensure the final description in a purchase request specifies needs using market research in a manner designed to do all of the following except include restrictive provisions or conditions. Who is responsible for the final description of need used in a solicitation? Contracting officer. Supplies and services identified in a purchase request must be stated in terms of functions to be performed, performance required, or essential physical characteristics. All of the following should be included in a ;brand name or equal; purchase description except a request for bid samples of brand name specified. What requirement may be used in place of ;minimum needs of the government; to get the best value for your customer and increase competition? Performance target. Unnecessarily short or difficult delivery schedules tend to restrict competition. The government may recoup some or all of its probable damages caused by delayed delivery or performance of the contractor by invoking the liquidated damages clause. FAR Subpart 4.8 establishes procedures for maintaining contract files to ensure uniformity from one activity to another. Why is this important? Ensure all documents regarding contract actions are kept in conformance with agency regulations for file location and maintenance. Which types of copies of contractual instruments can become part of the official contract file? Original, authenticated copies, and conformed copies. What type of contracting instrument would have the letter ;M; in the ninth position of the procurement instrument identification number (PIIN)? Manual purchase order. What should be done with documents that are attached to the purchase request? Review them to ensure they contain all information required for the acquisition. Which of the following may not be used to develop an independent government cost estimate? Quote developed for the customer by a commercial market vendor. Why must any special packaging, marking, or preservation requirements be included in a customer;s purchase request? So appropriate instructions and applicable provisions and clauses may be included in a solicitation. A special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contracting actions is known as a determination and finding. Each determination and finding shall set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. The approval granted by a determination and finding is restricted to proposed contract actions described in that determination and finding. What is the first required source of services for federal agencies? JWOD participating nonprofit agencies. General Services Administration (GSA), Defense Logistics Agency (DLA), and the Veterans Affairs (VA) are all examples of what type of supply source? Wholesale. One of the biggest advantages to purchasing items estimated at less than $2,500 from a Government Services Administration (GSA) contract is that the price has already been determined fair and reasonable By establishing an indefinite delivery contract, you are allowing for prepriced deliveries of items under contract. The terms and conditions of an indefinite contract delivery order are established by the terms and conditions of the basic contract. What information may be used to ensure that small business concerns are given opportunities to respond to solicitations issued using simplified acquisition procedures (SAP)? Business status information from the source list. Acquisitions estimated at what dollar amount are reserved exclusively for small business concerns? Exceeding the micro-purchase threshold, but less than the SAT. If the contracting officer receives only one acceptable offer from a responsible small business concern in response to a small business set-aside, what action should the contracting officer take? Award to the responding small business. If the contracting officer suspects, or has information to indicate, that the price received from a contractor on a micro-purchase may not be reasonable, the contracting officer should take actions to verify price reasonableness. For purchases exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold (SAT), what procedures may the contracting officer elect to use? SAP, sealed bidding, or negotiations. When must contracting officers use the government-wide point of entry (GPE) to solicit? When soliciting purchases exceeding $25,000. When a synopsis is not required, how is the requirement competed? Solicitation of at least three sources. Streamlined synopsis/solicitation procedures may be used for acquisition of commercial items using a written solicitation. The contracting officer may establish a response time of less than 30 days when issuing a synopsis/solicitation for items not expected to exceed the SAT. Public law requires that contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses required to implement provisions of law or executive orders, or those clauses determined to be consistent with customary commercial practice. Because of the broad range of items acquired by the government, the variations in commercial practices, and the relative volume of the government;s acquisition in specific markets, contracting officers may tailor provisions to adapt to the market conditions for each acquisition. How is tailoring accomplished? By addenda to the solicitation and contract. If only one reply is received in response to a solicitation estimated at less than the simplified acquisition threshold (SAT), what action must the contracting officer take before making the award? Include a statement in the contract file giving the basis of the determination of fair and reasonable price. What may be used in lieu of obtaining individual quotations each time a purchase for the same item is contemplated? Standing price quotation. When, in response to a solicitation for commercial items, a contractor proposes more than one product that will meet a government need, the contracting officer shall evaluate each product as a separate offer. It is not necessary to describe the relative importance of evaluation factors when using simplified acquisition procedures (SAP) of FAR Part 13. If the government issues an order resulting from a quotation, when may the government withdraw, amend, or cancel its offer? At any time before acceptance occurs. ; If a contractor has been excluded from government contracting for a reasonable, specified period of time because of conviction on a criminal offense in connection with obtaining a public contract, that contractor is considered to be debarred. What action should be taken if legal proceedings are not initiated within 12 months after the date of a suspension notice? Terminate the suspension. Micro-purchase is acquisition of supplies and services with a total amount that does not exceed $2,500. You do not need advanced authorization when using the government-wide purchase card (GPC) to purchase basketballs for the base gym. When a government purchase card (GPC) is used as a payment method, who performs the purchase, acceptance, and payment? Cardholder and immediate supervisor or above. When you are making a purchase using the Standard Form 44, Purchase Order;Invoice Voucher (Storage Safeguard Form), all of the following conditions must be satisfied except wartime conditions are present. Responsibility for exercising direction, control, and oversight of purchases using imprest funds rests with the base contracting officer. To the maximum extent possible, purchase orders for commercial items should include only those clauses required to implement provisions of law, or executive order, and those clauses that are determined to be consistent with prevailing commercial practice. Which clause must be included in an unpriced purchase order? Notice to Supplier. Under a blanket purchase agreement, the government is obligated for authorized purchases only. The contracting officer shall ensure that each blanket purchase agreement is reviewed at least annually. It is not mandatory for all blanket purchase agreements to contain an approved price list with specific items. How many days written notice must a contractor give to the government to cancel a blanket purchasing agreement? 30 days. Under fast payment procedures, payment is made before verifying receipt and acceptance but after invoicing. The government can exercise its right to the option period during the current performance period. Options are evaluated by adding the total price for all options to the total price for the basic requirement. What types of contracts are authorized for the acquisition of commercial items? Firm-fixed-price and fixed price contracts with EPA. Which is not an accepted price adjustment type used with a fixed-price contract with economic price adjustment? Price averaging. Which type of contract should be used to procure precious metals? fixed-price with economic price adjustment. The contract price of a fixed-price contract with economic price adjustment may be revised a. downward only based on negotiations. upward and downward within the limitations of the clause. A definite-quantity contract may be used when it can be determined in advance that a definite quantity of supplies or services will be required during the contract period and the supplies or services are regularly available or will be available after a short-lead time. When the government cannot predetermine (within stated limits) the precise quantities of supplies or services that will be required during the contract period, the contracting officer would use aindefinite-quantity contract. indefinite-quantity contract. When an indefinite-quantity type contract is being used, performance or deliveries are scheduled by placing an order with the contractor. The contract must clearly define the requirements for the contractor;s control of quality for the supplies or services to be acquired; however, no contract may preclude the government from performing inspections. Unless specifically reserved, responsibility for performing all inspections and tests as required by the contract rests with the contractor. If supplies or services are rejected as nonconforming, notices of rejection shall be promptly furnished to the contractor and will include reasons for rejection. Ordinarily, what option is given to the contractor because of a notice of rejection for nonconformance? Correct or replace any nonconforming supplies at no additional cost to the government. Why are contractors required to mark supplies, or otherwise furnish notice with the supplies, of the existence of the warranty? Inform government personnel who store, stock or use the supplies. The implied warranty of merchantability provides that an item is reasonably fit for the ordinary purposes for which such items are used. The Federal Acquisition Streamlining Act (FASA) requires that contracting officers take advantage of commercial warranties offered to the maximum extent practicable. The principle purpose of a warranty is to delineate the rights and obligations of the contractor and the government for defective items and services and to foster quality performance. A contract action that changes or alters the agreement between the parties of a contract is called a modification. Who has the authority to execute contract modifications on behalf of the government? Contracting officers acting within the scope of their authority. Requests for follow-up should be generated by the requesting activity when the supplies or services have not been received by 1300 hours of the sixth day following the scheduled delivery date. When a contractor has failed to make delivery or cure a delinquency, and has not justified the delay, the contracting officer should take appropriate action to cancel or terminate the order if in the government;s best interest. Which one is not considered an administrative error? Obvious errors in the unit price. If the contractor has yet to deliver or begin performance on an order and you need to make a change not affecting cost of the item or delivery, to what type of agreement should you attempt to have the contractor agree? No cost change to the contract without modification. The two types of contract modifications are unilateral and bilateral. Unilateral modifications are allowed for no cost amended shipping instructions to a unilateral purchase order and for any change made before work begins if the change is within the scope of the original order. Which action should a contracting officer take to accomplish an administrative change? unilateral modification. A contractor has notified the contracting officer of the intent not to accept a unilateral purchase order. In this situation, the contracting officer must proceed with cancellation of the order. The termination of acquisitions of commercial items is covered in Federal Acquisition Regulation (FAR) Part 12, with FAR Part 49 as guidance. The contractor shall be liable to the government for all rights and remedies provided by law if the contract was terminated for cause. Under the Contract Terms and Conditions-Commercial Items clause, the contractor is required to notify the contracting officer of an excusable delay as soon as possible after commencement of an excusable delay. A cure notice notifies the contractor of a specific condition that the government considers to be endangering performance of the contract. When termination is for the government;s convenience, what may a contractor use to demonstrate charges resulting from the termination for which the contractor is entitled to be paid? Records from the contractor;s standard record keeping system. When does the government have the right to terminate a contract for default after issuing a cure notice and the contractor has not corrected the failure? 10 days after receipt of the cure notice. Instead of terminating for default, the contracting officer has several options. This does not include Instead of terminating for default, the contracting officer has several options. This does not include The contracting officer has grounds to terminate a contractor for default when there is an actual failure or fails to progress to perform contractual obligations. When supplies or services are still required after termination for default, the contracting officer should repurchase the same or similar supplies or services against the contractor;s account as soon as possible. Contract files using simplified acquisition procedures are considered closed when the contracting officer receives evidence of receipt of property and final payment. Data transfer, storage, and retrieval procedures must record and reproduce the original document completely, accurately, and clearly. In addition, the procedures must protect the original data from alteration.