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CON 3900 STUDY GUIDE
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CON 3900 STUDY GUIDE
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CON 3900 STUDY GUIDEExpress Actual Authority: - Answers- Authority explicitly given to the agent through the
principal's written or oral instructions
Implied Actual Authority: - Answers- authority to do what is usual, customary and
necessary to accomplish the action. No express agreement
Apparent Authority: - Answers- someone reasonably believes an individual has the
authority to act on the behalf of the government
Delegation of authority: - Answers- he FAR and states that each authority is delegable
unless specifically stated otherwise (FAR 1.108(b)).
FAR part 10: - Answers- market research
Market research: - Answers- the process used to determine if industry can support the
acquisition "needs" of the Government. a continuous process for gathering and
analyzing information about products and services that are available in marketplace.
Market research is conducted to determine: - Answers- if commercial products/services
or non-developmental items are available to meet the Government's needs or could be
modified to meet the Government's needs (FAR10.002(b)).
Strategic market research: - Answers- continuous. overall market developments, trends
and capabilities.
An example of strategic research is attending a trade show for a specific industry.
Tactical Market: - Answers- conducted at specific points during the acquisition process.
provides a deeper understanding of the market and answer specific questions about the
capabilities, products or services available in the market.
Market research can be: - Answers- Strategic or Tactical
The Competition in Contracting Act of 1984, (CICA): - Answers- Generally, unless an
exception applies or is otherwise expressly authorized by statute, Contracting Officers
shall promote and provide for full and open competition in soliciting offers and awarding
Government contracts.
Competitive Procedures: - Answers- Sealed bids.
Competitive proposals
Combination of competitive procedures.(e.g., two-step sealed bidding).
Other competitive procedures
,Full and Open Competition: - Answers- With certain limited exceptions contracting
officers shall promote and provide for full and open competition in soliciting offers and
awarding Government contracts
Full and Open Competition After Exclusion of Sources: - Answers- Agencies may
exclude a particular source from a contract action in order to establish or maintain an
alternative source or sources
Exclusion of Sources examples: - Answers- small business
Establishing or maintaining alternative sources
8(a
Hubzone
women-owned small business(EDWOSB) concerns or women-owned small business
(WOSB) concerns eligible under the WOSB Program
local firms during a major disaster or emergency
Other Than Full and Open Competition: - Answers- Contracting without providing for
Full and open is authorized under certain conditions with justification
Other Than Full and Open Competition Examples: - Answers- Sole Source
Unusual and compelling urgency
Industrial mobilization; engineering, developmental, or research capability ;or expert
services
International agreement
Authorized or required by statute
National security
Public Interest
Contracting officers shall purchase: - Answers- supplies and services from responsible
sources at fair and reasonable prices (FAR15.402
In establishing the reasonableness the contracting officer shall: - Answers- obtain
certified cost or pricing data when required
shall obtain data other than certified cost or pricing data if certified cost or pricing data
are not required
contract: - Answers- mutually binding legal relationship obligating the seller to furnish
the supplies or services (including construction) and the buyer to pay for them in writing
Mutual Assent: - Answers- meeting of the minds. parties involved in a contract must
come to an agreement about the details of the transaction and each party either makes
a promise or begins or renders performance.
Capacity: - Answers- refers to the legal competence of a person to enter a valid
contract.
,Consideration: - Answers- something of value that a promisor (the offeror) receives
from a promisee (the offeree) in return for his or her offer.
Lawful Purpose: - Answers- the contract must not be for an unlawful purpose or
contrary to public policy
Essential elements of a contract: - Answers- Capacity
Mutual assent
Consideration
Lawful purpose
Data other than certified cost or pricing data such as: - Answers- market prices, sales to
non-governmental and governmental entities
rely first on data available within the Government
second, on data obtained from sources other than the offeror; and, if necessary, on data
obtained from the offeror.
Ethics; The general rule is: - Answers- to avoid strictly any conflict of interest or even
the appearance of a conflict of interest in government-contractor relationships.
Violating compliance rules can subject a contractor to: - Answers- contractual and
financial harm, but also potentially to civil monetary penalties and criminal sanctions
No Government employee may solicit or accept, directly or indirectly, any gratuity, gift,
favor, entertainment, loan, or anything of monetary value from anyone who: - Answers-
Has or is seeking to obtain Government business with the employee's agency
Conducts activities that are regulated by the employee's agency
Has interests that may be substantially affected by the performance or nonperformance
of the employee's official duties. Certain limited exceptions are authorized in agency
regulations.
Acceptance means: - Answers- the act of an authorized representative of the
Government acknowledges that the supplies or services conform with applicable
contract quality and quantity requirements.
Responsibility for Acceptance: - Answers- Acceptance of supplies or services is the
responsibility of the Contracting Officer
Supplies accepted at a place other than destination shall: - Answers- not be re-
inspected at destination for acceptance purposes, but should be examined at
destination for quantity, damage in transit, and possible substitution or fraud.
, Place of Acceptance: - Answers- Contracts that provide for Government contract quality
assurance at source shall ordinarily provide for acceptance at source. Contracts that
provide for Government contract quality assurance at destination shall ordinarily provide
for acceptance at destination
Certificate of Conformance: - Answers- may be used in certain instances instead of
source inspection at the discretion of the contracting officer
Certificate of Conformance conditions: - Answers- may be used in certain instances
instead of source inspection (whether the contract calls for acceptance at source or
destination) at the discretion of the contracting officer if the following conditions apply:
Title to supplies shall pass to the Government upon: - Answers- formal acceptance,
regardless of when or where the Government takes physical possession, unless the
contract specifically provides for earlier passage of title
Title Transfer and Risk of Loss: - Answers- shall remain with the contractor until, and
shall pass to the Government upon-
Delivery of the supplies to a carrier if transportation is f.o.b. origin; or
Acceptance of supplies at the destination specified in the contract, whichever is later, if
transportation is f.o.b. destination.
Excusable Delays Clause: - Answers- is included in solicitations on a fee basis for cost-
reimbursement contracts, time-and-material contracts, and labor-hour contracts.
Delay Default: - Answers- Except for defaults of subcontractors at any tier the
Contractor will not default because from delays caused beyond their control and without
the fault or negligence
Default: - Answers- failure to make progress in the work so as to endanger
performance.
Subcontractor Default: - Answers- The subcontracted supplies or services were
obtainable from other sources;
The Contracting Officer ordered the Contractor in writing to purchase these supplies or
services from the other source
The Contractor failed to comply reasonably with this order.
FAR part 7: - Answers- Acquisition Planning
FAR part 11: - Answers- Describing Agency Needs
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