Questions Harry Cleaver

Front 1

6 Elements for a legal Federal Contractual agreement

Back 1

1. offer

2. Acceptance

3. consideration

4. 2 or more legally competent parties must sign

5. Must be for a lawful purpose

6. Legal sufficiency

Front 2

5 things that must occur in accomplishing Contract Completion

Back 2

1. Finish all work

2. deliver all deliverables

3. Gain acceptance of the same

4. Submit final invoice

5. Get Paid

Front 3

5 Criteria or filters related to cost allowability in Govt Contracts

Back 3

1. reasonableness

2. allocability

3. CAS or GAP

4. Terms of the contract

5. FAR guidance / FAR limitations

Front 4

What is the difference between PRICE ANALYSIS and COST ANALYSIS

Back 4

COST ANALYSIS is an elemental Analysis; PRICE ANALYSIS is not

Front 5

What are some possible Situations that might cause the Government to issue a unilateral change order on a contract?

Back 5

1. Change in contracting officer

2. change is shipping date

3. issue award fee change order

4. Change is statement of Work

Front 6

A request for Proposal (RFP) under FAR 15, or contracting and Negotiation is for procurements where the government wants to evaluate more than price alone. (T or F)

Back 6

True

Front 7

Government Fiscal Year funds must be spent during the fiscal year in question?

Back 7

False

Front 8

When the Government evaluated a proposal in response to a RFP they will be concerned with Both a determination of contractor or bidder responsibility and contractor responsivness

Back 8

True

Front 9

One major reason that the bidders submit bids to the government is that the riles of the federal procurement system, the FAR are a known quantity

Back 9

True

Front 10

The need fir a future government procurement can be identified by anyone but has to be funded by congress

Back 10

true

Front 11

the key difference between a subcontractor adn a vendor is the fact that a vendor will provide commercial off the shelf items (COTS)rather than do value added work like a subcontractor

Back 11

true

Front 12

The FAR council is actually 2 councils- one civilian and one military

Back 12

True

Front 13

Failure to comply with certain solicitations provisions might cause the Government to not accept a bidders proposal

Back 13

True

Front 14

The Definitions clause is numbered FAR 52.202-1. The Assigned Number will never change for this clause under the FAR numbering scheme

Back 14

True

Front 15

The main idea behine the FAR Systen which went into effect in 1984 was that there would be a core system of procurement regualtions that would apply to all federal government agencies, who could then, at their option, request permission from the FAR council to have their own FAR Supplements

Back 15

True

Front 16

Far 1.602-1 Says "contracting officers shall receive from appointing authority...clear instructions in writing regarding the limits of their authority. these instructions are referred to as a warrant

Back 16

True

Front 17

The FAR 52.301 Provision and clause matrix includes a prescribed in column. this saves time in finding out whether or not a clause is applicable in and particular contract.

Back 17

True

Front 18

in the FAR 52.301 Provision and clause matrix the column entitled principle type and or purpose of contract has 19 categories. these categories relate exactly to the contract types specified in FAR part 16, Types of contracts

Back 18

FALSE

Front 19

in the FAR 52.301 provision and clause matrix the column entitles IBR is showing wheter ot not a provision ir clause can be published in Full text on the government bid document and in any resulting contract

Back 19

True

Front 20

the FAR appendix is not published like the rest of the FAR. it is only available on Goverment web sites such as //farsite.hill.af.mil

Back 20

True

Front 21

In a supply contact the buyer has to accept the sellers work and /or deliverables before the buyer makes final payment to the seller

Back 21

true

Front 22

Cost reimbursement contract require best efforts rather that supply responsibilities

Back 22

true

Front 23

on the materials side of a time and Materials (T&M) contract a contractor may need to receive permission form the contracting officer to take trips that can be invoiced

Back 23

True

Front 24

Cost plus award fee contract pay fee to that contractor during performance based on the award fee plan which is unique to each contract

Back 24

true

Front 25

**A fixed price contract can include an award fee mechanism.

Back 25

True

Front 26

The Government can use a cost reimbursment contract for acquisition of commercial items under FAR 12 Acquisitions

Back 26

False

Front 27

The Contractor has all of the advantages in a letter contracting situation

Back 27

False

Front 28

At the point of agreement on the price, when the government has asked for cost or pricing data the bidder has to submit a signed "Certificate of Cost or Pricing Data"

Back 28

True

Front 29

** On pricing the "time" side of the time and materials contracts, the bidder not has the ability to bid their fixed labor rates on a composite basis with their subcontractor labor components

Back 29

True

Front 30

Priced set by law or regulation is the only exception to the requirement for cost or pricing data that was not changed in 1998 when FAR 15 was totally revised

Back 30

True

Front 31

the allocability test within the larger cost allowability concept relates to placing an otherwise allowable cost in the correct cost pool, be direct or indirect

Back 31

true

Front 32

Federal statutes passed by congress are a source if government contract law

Back 32

true

Front 33

federal court case rulings or legal precedents are not a source of federal contract law

Back 33

FALSE

Front 34

the Severin doctrine established in the principal privity of contract as a result of a high federal court ruling in the 1930's

Back 34

True

Front 35

The warrant held by the contracting officer means that he or she has the authority to sign a contract up to their designated dollar amount lever

Back 35

True

Front 36

contracting officers representatives (CORS) can sign a contract on behalf of the contracting officer in emergency circumstances

Back 36

False

Front 37

the Government accountability office may be a recipient of a bidders protest

Back 37

true

Front 38

a vioation of the false claims act may result in an investigation by the FBI and criminal penalities

Back 38

true

Front 39

**Organizational conflicts of interest(OCI) clauses are uniformly written and applied whenever used in services contracting

Back 39

false

Front 40

contracting officers representatives are authorized to make changes to their assigned contracts such as changes in delivery dates and delivery locations

Back 40

false

Front 41

both the winner and the losers may receive debriefings after a competitive contract is awarded

Back 41

true

Front 42

a warranty clause is a good example of a contractual liability

Back 42

true

Front 43

the DD250 is a DOD form used for inspection and acceptance purposes

Back 43

true

Front 44

a termination for default may require the current contractor or pay for their unfinished work when it is done later by the government or a third party

Back 44

true

Front 45

the key to a bilateral change order being equitable is both parties to the contact are willing to sign or definitize the modification as written.

Back 45

true

Front 46

Timeliness is a key contractual commitment by the government in a government property clauses and cannot be changed by the inclusion os an "as is" clause in the same contract.

Back 46

true

Front 47

All "liquidated damages" clauses must have a cap on the amount of damages a contractor must pay.

Back 47

False

Front 48

Contract closeouts may include a requirement for file maintenance for several years. one of the reasons for such a long term file maintenance is to facilitate the possibility of post performance audits by such government agencies such as the GAO

Back 48

True

Front 49

Cost plus award fee contract pay fee to that contractor during contract performance based on an award fee plan, which is unique to each contract.

Back 49

true

Front 50

Similar conduct of the parties concerning a section of a contract is one of the form of evidence of a similar interpretation of that same section of the contract.

Back 50

True