CPPB Exam 3 Questions with Correct Answers
express contract - Answer-may be written or oral and is created when the formal elements for establishing a contract exist
implied-in-fact contract - Answer-occurs when some of the formal contractual elements occur through a person's conduct rather th...
CPPB Exam 3 Questions with
Correct Answers
express contract - Answer-may be written or oral and is created when the formal
elements for establishing a contract exist
implied-in-fact contract - Answer-occurs when some of the formal contractual elements
occur through a person's conduct rather than being explicitly stated in words
interpretations of terms and conditions - Answer-courts use common law rules of
interpretation
protocols - Answer-there are generally accepted practices regarding business protocols
such as the precedence or ordering sequence of contract language interpretation
according to the importance of words, format and emphasis
cardinal rule - Answer-this focuses on the plain language of the contract and the
meaning that both parties gave to the text at the time of the contract signing
whole instrument rule - Answer-gives priority to the meaning of the overall contract as
opposed to a section or clause of the contract.
express language rule - Answer-specifies that when there is a list of words which is
followed by a general description of a category, then the contract applies only to the
items in the list
mechanical rules - Answer-include handwritten notes taking precedence over printed
text, quantities spelled out in words over the use of numerals and anything written in a
conspicuous manner such as larger font
six types of risk - Answer-proposal risk, surety/liability risk, schedule risk, contractual
risk
planning tools - Answer-contract administration plan (CAP), performance assessment
plan (PAP), surveillance techniques
contract administration plan (CAP) - Answer-provides the framework for effective
contract administration with an emphasis on process, output and outcome
performance assessment plan (PAP) - Answer-based on the technical requirements and
terms and conditions of the contract and ensures that the agency is receiving the
supplies or services to which it is entitled under the contract
,surveillance techniques - Answer-provide for the monitoring and evaluating of all
contract requirements through a combination of methods such as sampling, checklists,
performance requirement summary lists or other information
methods for proper acceptance, remedies or rejection - Answer-acceptance, remedies
for defects, rejection, post acceptance rights, gross mistakes amounting to fraud,
warranties
acceptance - Answer-the acceptance process is a critical part of contract administration
remedies for defects - Answer-the solicitation and contract should suggest a variety of
remedies for defects prior to acceptance
rejection - Answer-the formal process used by the public agency to officially notify the
contractor that the product or service is defective and that it will not be accepted
post acceptance rights - Answer-acceptance substantially limits the public agency's
ability to reject goods or services if a defect is found at a later date
types of post acceptance rights - Answer-latent defects, fraud
latent defects - Answer-these exist at the time of acceptance, but could not have been
discovered through normal and reasonable inspection procedures
fraud - Answer-misrepresentation of fact, knowledge of falsity or reckless or wanton
disregard of the facts, intend to mislead the agency into relying on misrepresentations,
injury suffered by the public agency
gross mistakes amounting to fraud - Answer-this is a major mistake by the contractor
that is so serious and uncalled for as not to be reasonably expected or justifiable
warranties - Answer-warranty clauses provide the public agency a remedy for latent or
patent defects discovered after acceptance
types of warranties - Answer-implied and express warranties
implied warranties - Answer-obligations of the contractor that have not been assumed in
express language
express warranties - Answer-explicit, written promises by the contractor to provide a
specified level of quality, condition, description or performance of a good or service
three types of electronic data rights - Answer-unlimited rights, limited rights, no rights
unlimited rights - Answer-the public agency gains the right to use, reproduce, alter and
disclose the technical data as it sees fit
, limited rights - Answer-the public agency retains the right to use the technical data
under certain circumstances, as negotiated by the contracting parties
no rights - Answer-the public agency retains no rights to technical data
late or missed delivery - Answer-this problem occurs when the contractor fails to deliver
as required by the contract
non-conforming products or services - Answer-these occur when the contractor
attempts to deliver or delivers products or services that do not conform to the
specifications in the contract
force majeure - Answer-unexpected or uncontrollable events, including those caused by
nature that can impact the contract price, terms and conditions.
ordered suspensions - Answer-if the public agency orders that work be suspended due
to a provision in the suspension of work clause, the contractor may be compensated
only if the resultant delay is unreasonable
constructive suspensions - Answer-occur when the public agency is found to be
responsible for the work stoppage and did not issue a suspension of work
types of remedies for defects - Answer-require the contractor to correct the defects,
price reduction, acceptance of minor nonconformities, correction of defects by public
agency or an owner
require the contractor to correct the defects - Answer-an inspection clause should
include language that addresses correction of defective work by the contractor
price reduction, acceptance of minor nonconformities - Answer-the doctrine of
substantial completion allows a public agency to accept a product or service with minor
nonconformities when correction would cause economic waste or it is not material
correction of defects by public agency or an owner - Answer-inspection and acceptance
clauses typically allow the public agency to replace, correct defective work or perform
the services and to charge or offset these costs to the contractor once the contractor is
given an opportunity to correct the work and fails to complete the correction within a
reasonable time
Procurement Technology - Answer-Helps accelerate business improvements
Results Oriented Budgeting - Answer-Attempts to link a resource allocation to
performance criteria
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