Shared Flashcard Set

Details

6C0X1 CDC Set A
CDC
144
Education
Professional
08/07/2012

Additional Education Flashcards

 


 

Cards

Term
What act simplified the procurement of any item estimated at less than $100,000 and added
the micro-purchase threshold of $2,500?
Definition
a. Federal Acquisition Streamlining Act.
Term
What agency's objective is to provide aid and counseling to small businesses?
Definition
Small Business Administration.
Term
When a government contract is ambiguous, interpretation is normally construes against the
Definition
government
Term
If the government official clarifies an ambiguous contract, the contractor is entitled to
Definition
rely on the clarification
Term
Which is a correct statement concerning sovereign power?
Definition
It is the supreme, absolute, and uncontrollable power by which any independent state is
governed.
Term
The elements of the government’s dual capacity are
Definition
proprietary and sovereign.
Term
As a general rule, what is the government’s status as a party to a contract? The government
Definition
has a dual capacity––that of a party to the contract and as a sovereign.
Term
On which type contract can the government be sued?
Definition
Implied-in-fact and expressed.
Term
The government cannot be sued on a claim brought on which type contract?
Definition
Implied-in-law.
Term

State law is generally not applied in federal procurement cases since

Definition
state courts have no jurisdiction to decide matters of federal procurement.
Term

In the principal-agent relationship, which party acts on behalf of another party?

Definition
Agent
Term
Which party is the contractor?
Definition
Third Party
Term
Which party is the contractor?
Definition
Express and implied.
Term
Express actual authority is created by
Definition
explicit language in writing or orally from the principal to the agent.
Term

Which is characteristic of implied authority?

Definition

It is necessary or incidental to carrying out the express authority.

Term

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

Definition

for an individual to occasionally suffer from the mistakes.

Term

Who is responsible for ascertaining whether government agents are acting within the

bounds of their authority?

Definition
The contractor.
Term

Estoppel means to restrain

Definition
a person to prevent him from contradicting his own previous assertion.
Term

When selecting contracting officers (CO), what does the appointing authority consider?

Definition
Complexity and dollar value of the acquisition.
Term
A contracting officer (CO) appointment must be reviewed at least
Definition
every five years.
Term

Which statement is true concerning the contracting officer’s (CO) appointment or

termination?

Definition

In no event will the termination of a contracting officer (CO) be retroactive.

Term

What occurs when someone other than the contracting officer (CO) tries to make an

agreement without the authority?

Definition
Unauthorized commitment.
Term
What action may be taken for a nonratifiable commitment?
Definition
Resolution by the Government Accountability Office (GAO) claim procedures.
Term

For a contract to be enforceable, its terms must be clear enough to permit the

Definition

courts to interpret the duties and obligations to be performed by either party.

Term
When no time is stated, how long will an offer continue?
Definition
Until the expiration of a reasonable time.
Term

An offeror’s withdrawal of an offer before acceptance is called a

Definition
revocation.
Term
Which of these is an example of rejecting an offer?
Definition
Proposing a counter offer.
Term
Which statement is true concerning communicating acceptance of a contract?
Definition

If the time, place, and means of communication are expressed by the offeror, no other time,

place, or means will constitute an acceptance.

Term
The term “mutual assent” indicates the
Definition

parties involved intend that a contract be formed.

Term
What is the name given to the exchange of promises?
Definition

Consideration.

Term

What is meant by adequate consideration?

Definition
The consideration in the exchange is a fair bargain.
Term
A promise to do something that one is not legally bound to do constitutes a
Definition
detriment.
Term
Which individual would be considered competent to enter into a contract?
Definition
A 23-year-old car salesperson.
Term

If the competency of a corporation is drawn into question, the contracting officer (CO)

should call the

Definition

Secretary of state where the contractor resides, does business, or is incorporated.

Term
As a general rule, a contract that violates a statute is
Definition
unlawful and void and will not be enforced.
Term

Which statement most closely defines categories of contracts that are unenforceable as

against public policy?

Definition

Contracts that go against the common sense conscience of the community.

Term

Which position is responsible for managing the socio-economic and other public policy

programs?

Definition
Director of business programs.
Term
Which is not a function of the contracting superintendent?
Definition
Appointment of contracting officers (CO).
Term

Why should contracting officer (CO) authority be discussed in every customer education

training session?

Definition
All of the above.
Term

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

Definition
perform acquisition planning and conduct market research.
Term

Which organization contains the Defense Acquisition Regulation Council (DAR Council)

director?

Definition
Secretary of Defense.
Term
What is meant by implementing the Federal Acquisition Regulation (FAR)?
Definition

Providing agency procedures to carry out the prescriptions in the Federal Acquisition

Regulation (FAR).

Term

By whose order is the Air Force Federal Acquisition Regulation Supplement (AFFARS)

issued?

Definition
Office of the Secretary of the Air Force.
Term

In determining the action to take in a specific case requiring a contract adjustment, the

Comptroller General Decisions are referred to and used as

Definition
precedents.
Term
What is the definition of a classified contract?
Definition

Any contract that requires, or may require, access to classified information by the contractor in

the performance of the contract.

Term

The requirements of the Defense Industrial Security Program (DISP) would apply to which

of the following contracts?

Definition
Classified.
Term

The major determining factor in deciding if information qualifies as contractor bid or

proposal information or source selection information is that it contains

Definition

information that has not previously been made available to the public.

Term

Which of these is not an example of contractor bid or proposal information?

Definition
Cost or technical evaluation of proposals.
Term
How is source selection information marked?
Definition

Mark the cover and each page containing information “Source Selection Information-See

FAR 3.104.”

Term

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

Definition
based on established catalog or market prices for specific tasks performed.
Term

For acquisitions estimated below the simplified acquisition threshold (SAT), market research

must be done when

Definition

adequate information is not available and the circumstances justify the cost.

Term
Simplified acquisition procedures (SAP) may be used for the acquisition of commercial items
up to a maximum of
Definition
$5,000,000.
Term

What factors affect the amount of market research conducted?

Definition

Urgency, complexity, estimated dollar value, and past experience.

Term

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?

Definition
12
Term

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

Definition
include restrictive provisions or conditions.
Term
Who is responsible for the final description of need used in a solicitation?
Definition
Contracting officer.
Term

Supplies and services identified in a purchase request must be stated in terms of functions to

be performed,

Definition
performance required, or essential physical characteristics.
Term

All of the following should be included in a “brand name or equal” purchase description

except

Definition
a request for bid samples of brand name specified.
Term

What requirement may be used in place of “minimum needs of the government” to get the

best value for your customer and increase competition?

Definition
Performance target.
Term
Unnecessarily short or difficult delivery schedules tend to
Definition
restrict competition.
Term

The government may recoup some or all of its probable damages caused by delayed

delivery or performance of the contractor by invoking the

Definition
liquidated damages clause.
Term

FAR Subpart 4.8 establishes procedures for maintaining contract files to ensure uniformity

from one activity to another. Why is this important?

Definition

Ensure all documents regarding contract actions are kept in conformance with agency

regulations for file location and maintenance.

Term

Which types of copies of contractual instruments can become part of the official contract

file?

Definition
Original, authenticated copies, and conformed copies.
Term

What type of contracting instrument would have the letter “M” in the ninth position of the

procurement instrument identification number (PIIN)?

Definition
Manual purchase order.
Term
What should be done with documents that are attached to the purchase request?
Definition
Review them to ensure they contain all information required for the acquisition.
Term

Which of the following may not be used to develop an independent government cost

estimate?

Definition
Quote developed for the customer by a commercial market vendor.
Term

Why must any special packaging, marking, or preservation requirements be included in a

customer’s purchase request?

Definition

So appropriate instructions and applicable provisions and clauses may be included in a

solicitation.

Term

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

Definition
determination and finding.
Term
Each determination and finding shall set forth enough facts and circumstances to
Definition
clearly and convincingly justify the specific determination made.
Term

The approval granted by a determination and finding is restricted to

Definition

proposed contract actions described in that determination and finding.

Term
What is the first required source of services for federal agencies?
Definition

JWOD participating nonprofit agencies.

Term

General Services Administration (GSA), Defense Logistics Agency (DLA), and the

Veterans Affairs (VA) are all examples of what type of supply source?

Definition
Wholesale.
Term

One of the biggest advantages to purchasing items estimated at less than $2,500 from a

Government Services Administration (GSA) contract is that

Definition
the price has already been determined fair and reasonable
Term

By establishing an indefinite delivery contract, you are allowing for

Definition
prepriced deliveries of items under contract.
Term

The terms and conditions of an indefinite contract delivery order are established

Definition
by the terms and conditions of the basic contract.
Term

What information may be used to ensure that small business concerns are given

opportunities to respond to solicitations issued using simplified acquisition procedures (SAP)?

Definition
Business status information from the source list.
Term

Acquisitions estimated at what dollar amount are reserved exclusively for small business

concerns?

Definition
Exceeding the micro-purchase threshold, but less than the SAT.
Term

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?

Definition
Award to the responding small business.
Term

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

Definition
take actions to verify price reasonableness.
Term

For purchases exceeding the micro-purchase threshold, but not exceeding the simplified

acquisition threshold (SAT), what procedures may the contracting officer elect to use?

Definition
SAP, sealed bidding, or negotiations.
Term

When must contracting officers use the government-wide point of entry (GPE) to solicit?

Definition
When soliciting purchases exceeding $25,000.
Term
When a synopsis is not required, how is the requirement competed?
Definition
Solicitation of at least three sources.
Term
Streamlined synopsis/solicitation procedures may be used for acquisition of
Definition
commercial items using a written solicitation.
Term
The contracting officer may establish a response time of less than 30 days when issuing a
Definition
synopsis/solicitation for items not expected to exceed the SAT.
Term

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

Definition
determined to be consistent with customary commercial practice.
Term

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

Definition
tailor provisions to adapt to the market conditions for each acquisition.
Term
How is tailoring accomplished?
Definition
By addenda to the solicitation and contract.
Term

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?

Definition

Include a statement in the contract file giving the basis of the determination of fair and

reasonable price.

Term

What may be used in lieu of obtaining individual quotations each time a purchase for the

same item is contemplated?

Definition
Standing price quotation.
Term

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

Definition
evaluate each product as a separate offer.
Term
It is not necessary to describe the relative importance of evaluation factors when
Definition
using simplified acquisition procedures (SAP) of FAR Part 13.
Term

If the government issues an order resulting from a quotation, when may the government

withdraw, amend, or cancel its offer?

Definition

At any time before acceptance occurs.

 

Term

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

Definition
debarred.
Term

What action should be taken if legal proceedings are not initiated within 12 months after the

date of a suspension notice?

Definition
Terminate the suspension.
Term

Micro-purchase is acquisition of supplies and services with a total amount that does not

exceed

Definition
$2,500.
Term

You do not need advanced authorization when using the government-wide purchase card

(GPC) to purchase

Definition
basketballs for the base gym.
Term

When a government purchase card (GPC) is used as a payment method, who performs the

purchase, acceptance, and payment?

Definition
Cardholder and immediate supervisor or above.
Term

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

Definition
wartime conditions are present.
Term

Responsibility for exercising direction, control, and oversight of purchases using imprest

funds rests with the

Definition
base contracting officer.
Term

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

Definition
those clauses that are determined to be consistent with prevailing commercial practice.
Term
Which clause must be included in an unpriced purchase order?
Definition
Notice to Supplier.
Term
Under a blanket purchase agreement, the government is obligated for
Definition
authorized purchases only.
Term

The contracting officer shall ensure that each blanket purchase agreement is reviewed at least

Definition
annually.
Term

It is not mandatory for all blanket purchase agreements to contain

Definition

an approved price list with specific items.

Term

How many days written notice must a contractor give to the government to cancel a blanket

purchasing agreement?

Definition
30 days.
Term
Under fast payment procedures, payment is made
Definition
before verifying receipt and acceptance but after invoicing.
Term
The government can exercise its right to the option period
Definition

during the current performance period.

Term
Options are evaluated by
Definition
adding the total price for all options to the total price for the basic requirement.
Term
What types of contracts are authorized for the acquisition of commercial items?
Definition
Firm-fixed-price and fixed price contracts with EPA.
Term

Which is not an accepted price adjustment type used with a fixed-price contract with

economic price adjustment?

Definition
Price averaging.
Term
Which type of contract should be used to procure precious metals?
Definition
fixed-price with economic price adjustment.
Term

The contract price of a fixed-price contract with economic price adjustment may be revised

a. downward only based on negotiations.

Definition

upward and downward within the limitations of the clause.

Term

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

Definition
the supplies or services are regularly available or will be available after a short-lead time.
Term

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.

Definition
indefinite-quantity contract.
Term

When an indefinite-quantity type contract is being used, performance or deliveries are

scheduled

Definition
by placing an order with the contractor.
Term

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

Definition
preclude the government from performing inspections.
Term

Unless specifically reserved, responsibility for performing all inspections and tests as

required by the contract rests with the

Definition

contractor.

Term

If supplies or services are rejected as nonconforming, notices of rejection shall be

Definition
promptly furnished to the contractor and will include reasons for rejection.
Term

Ordinarily, what option is given to the contractor because of a notice of rejection for

nonconformance?

Definition
Correct or replace any nonconforming supplies at no additional cost to the government.
Term

Why are contractors required to mark supplies, or otherwise furnish notice with the

supplies, of the existence of the warranty?

Definition
Inform government personnel who store, stock or use the supplies.
Term
The implied warranty of merchantability provides that an item
Definition

is reasonably fit for the ordinary purposes for which such items are used.

Term
The Federal Acquisition Streamlining Act (FASA) requires that contracting officers
Definition
take advantage of commercial warranties offered to the maximum extent practicable.
Term

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

Definition
foster quality performance.
Term

A contract action that changes or alters the agreement between the parties of a contract is

called

Definition
a modification.
Term
Who has the authority to execute contract modifications on behalf of the government?
Definition
Contracting officers acting within the scope of their authority.
Term

Requests for follow-up should be generated by the requesting activity when the supplies or

services have not been received

Definition
by 1300 hours of the sixth day following the scheduled delivery date.
Term

When a contractor has failed to make delivery or cure a delinquency, and has not justified

the delay, the contracting officer should

Definition
take appropriate action to cancel or terminate the order if in the government’s best interest.
Term

Which one is not considered an administrative error?

Definition

Obvious errors in the unit price.

Term

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?

Definition
No cost change to the contract without modification.
Term
The two types of contract modifications are
Definition
unilateral and bilateral.
Term

Unilateral modifications are allowed for no cost amended shipping instructions to a

unilateral purchase order and for

Definition

any change made before work begins if the change is within the scope of the original order.

Term

Which action should a contracting officer take to accomplish an administrative change?

Definition
unilateral modification.
Term

A contractor has notified the contracting officer of the intent not to accept a unilateral

purchase order. In this situation, the contracting officer must

Definition
proceed with cancellation of the order.
Term

The termination of acquisitions of commercial items is covered in Federal Acquisition

Regulation (FAR) Part

Definition
12, with FAR Part 49 as guidance.
Term

The contractor shall be liable to the government for all rights and remedies provided by law

if the contract was

Definition
terminated for cause.
Term

Under the Contract Terms and Conditions-Commercial Items clause, the contractor is

required to notify the contracting officer of an excusable delay

Definition
as soon as possible after commencement of an excusable delay.
Term
A cure notice notifies the contractor
Definition

of a specific condition that the government considers to be endangering performance of the

contract.

Term

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?

Definition
Records from the contractor’s standard record keeping system.
Term

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?

Definition
10 days after receipt of the cure notice.
Term

Instead of terminating for default, the contracting officer has several options. This does not

include

Definition

Instead of terminating for default, the contracting officer has several options. This does not

include

Term
The contracting officer has grounds to terminate a contractor for default when
Definition

there is an actual failure or fails to progress to perform contractual obligations.

Term

When supplies or services are still required after termination for default, the contracting

officer should

Definition

repurchase the same or similar supplies or services against the contractor’s account as soon as

possible.

Term

Contract files using simplified acquisition procedures are considered closed when the

contracting officer receives

Definition
evidence of receipt of property and final payment.
Term

Data transfer, storage, and retrieval procedures must record and reproduce the original

document completely, accurately, and clearly. In addition, the procedures must

Definition
protect the original data from alteration.
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