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27 Cards in this Set
- Front
- Back
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Which act, rather than mandating fixed-prices contracts, allowed the use of the type on contract best adapted to the circumstances?
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(ASPA) Armed Services Procurement act of 1947.
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What act specifies the competitive procedures to be used for government contracts?
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(CICA) Competition in Contracting Act.
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How does congress use its lawmaking power to create statuatory authority to contract?
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Passing appropriations, authorization, and enabling and procedural acts.
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Which type of congressional act is both a planning tool and also allows congress to determine what is needed and the amount of money necessary to fund the need?
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Authorization
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What act requires a contractor to submit certified cost or pricing data on certain noncompetitive contracts?
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Truth in Negotiations Act
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Which department of the executive branch has oversight responsibility for the operations of UNICOR?
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Department of Justice through the Bureau of Prisons
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Who administers the Walsh-Healey Act?
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Secretary of Labor
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Name three independent agencies that affect government contracting.
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GSA, SBA, & the Committee for Purchase from People Who Are Blind or Severely Disabled
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List four functions of the GSA
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Provides the FSS; awards contracts for use by federal agencies; arranges for travel and transportation services; manages the federal vehicle fleet; and disposes of surplus property.
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What agency provides assistance to small businesses?
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SBA
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Common law dictates that ambiguities in a contract be construed against whom?
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The drafter
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If a government contract is deemed ambiguous after clarification, why do the courts generally construe the contract against the government?
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Because the contractor may legally rely on the clarification.
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What is meant by sovereignty?
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The supreme, absolute, and uncontrollable power by which an independent state is governed.
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Give an example of the government's sovereign power.
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The US government's capacity to nter into contracts and take bonds even though bonds may be required or prescribed by any positive law.
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What is inherent power as it applies to the executive branch?
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Power to act without an "Act of Congress" and exists as a necessary incident of sovereignty.
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What is the significance of the US Supreme Court's conclusion that the executive branch has the inherent power to contract?
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The executive branch maintains the ability to contract even when congress has not passed a specific statue.
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How is Congress able to limit the executive branch's inherent power to contract?
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By placing conditions and terms withing congress' constitutionally granted powers.
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How must the executive branch respond to policies dictated by congress?
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The executive branch must follow as long as the policies are constitutional.
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What does "dual capicity of the government" mean?
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That the government acts in both a proprietary and a sovereign capacity when it enters into contract with private parties.
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When the government acts as a party to a contract, in what capacity is it acting?
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Proprietary
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Under what conditions is the government not liable for impeding or obstructing a third party's ability to perform?
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When the interference results from the government's indirect sovereign acts whether executive or legislative in nature.
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Explain the concept of sovereign immunity and law suits as it applies to the government.
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Sovereign immunity holds that a monarchs act constitute al the powers of the government. The moarch can do no wrong. The monarch is immune from the suit.
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Has the government completely waived it's sovereign immunity? Explain.
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No; Congress elected to waive only portions of the government's sovereign immunity.
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May a government contractor sue the government? Explain.
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Yes; however claims are limited to the areas where sovereignty has been suspended.
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Congress limits suits against the government to what type of contract?
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Expressed and implied-in-fact contracts.
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How do the courts react to claims filed on implied-in-law contracts?
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Since implied-in-law contracts retain their sovereign immunity, courts have no jurisdiction' thus the cases are dismissed.
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May a contract claim against the government be brought in state court? Explain.
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No; because state courts have no jurisdiction to decide federal procurement matters.
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