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Con 3900 Exam/453 Questions and answers
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Con 3900 Exam/453 Questions and answers
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Con 3900 Exam/453Questions and answers
Express Actual Authority: - -Authority explicitly given to the agent through
the principal's written or oral instructions
- Implied Actual Authority: - -authority to do what is usual, customary and
necessary to accomplish the action. No express agreement
- Apparent Authority: - -someone reasonably believes an individual has the
authority to act on the behalf of the government
- Delegation of authority: - -he FAR and states that each authority is
delegable unless specifically stated otherwise (FAR 1.108(b)).
- contract: - -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: - -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: - -refers to the legal competence of a person to enter a valid
contract.
- Consideration: - -something of value that a promisor (the offeror) receives
from a promisee (the offeree) in return for his or her offer.
- Lawful Purpose: - -the contract must not be for an unlawful purpose or
contrary to public policy
- Essential elements of a contract: - -Capacity
Mutual assent
Consideration
Lawful purpose
- FAR part 10: - -market research
- Market research: - -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: - -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: - -continuous. overall market developments,
trends and capabilities.
An example of strategic research is attending a trade show for a specific
industry.
- Tactical Market: - -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: - -Strategic or Tactical
- The Competition in Contracting Act of 1984, (CICA): - -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: - -Sealed bids.
Competitive proposals
Combination of competitive procedures.(e.g., two-step sealed bidding).
Other competitive procedures
- Full and Open Competition: - -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: - -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: - -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: - -Contracting without providing
for Full and open is authorized under certain conditions with justification
, - Other Than Full and Open Competition Examples: - -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: - -supplies and services from
responsible sources at fair and reasonable prices (FAR15.402
- In establishing the reasonableness the contracting officer shall: - -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
- Data other than certified cost or pricing data such as: - -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: - -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: - -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: - -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: - -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: - -Acceptance of supplies or services is the
responsibility of the Contracting Officer
- Supplies accepted at a place other than destination shall: - -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: - -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: - -may be used in certain instances instead of
source inspection at the discretion of the contracting officer
- Certificate of Conformance conditions: - -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: - -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: - -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: - -is included in solicitations on a fee basis for
cost-reimbursement contracts, time-and-material contracts, and labor-hour
contracts.
- Delay Default: - -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: - -failure to make progress in the work so as to endanger
performance.
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