Express Actual Authority: - CORRECT ANSWERS-Authority explicitly given to
the agent through the principal's written or oral instructions
contract: - CORRECT 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: - CORRECT 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.
Ethics; The general rule is: - CORRECT 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: - CORRECT ANSWERS-
contractual and financial harm, but also potentially to civil monetary
penalties and criminal sanctions
Certificate of Conformance: - CORRECT ANSWERS-may be used in certain
instances instead of source inspection at the discretion of the contracting
officer
Certificate of Conformance conditions: - CORRECT 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:
Implied Actual Authority: - CORRECT ANSWERS-authority to do what is usual,
customary and necessary to accomplish the action. No express agreement
Apparent Authority: - CORRECT ANSWERS-someone reasonably believes an
individual has the authority to act on the behalf of the government
Delegation of authority: - CORRECT ANSWERS-he FAR and states that each
authority is delegable unless specifically stated otherwise (FAR 1.108(b)).
,No Government employee may solicit or accept, directly or indirectly, any
gratuity, gift, favor, entertainment, loan, or anything of monetary value from
anyone who: - CORRECT 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: - CORRECT 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: - CORRECT ANSWERS-Acceptance of supplies
or services is the responsibility of the Contracting Officer
Supplies accepted at a place other than destination shall: - CORRECT
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: - CORRECT 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
Capacity: - CORRECT ANSWERS-refers to the legal competence of a person to
enter a valid contract.
Consideration: - CORRECT ANSWERS-something of value that a promisor (the
offeror) receives from a promisee (the offeree) in return for his or her offer.
Lawful Purpose: - CORRECT ANSWERS-the contract must not be for an
unlawful purpose or contrary to public policy
Essential elements of a contract: - CORRECT ANSWERS-Capacity
Mutual assent
Consideration
Lawful purpose
FAR part 10: - CORRECT ANSWERS-market research
,Market research: - CORRECT 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: - CORRECT 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: - CORRECT ANSWERS-continuous. overall market
developments, trends and capabilities.
An example of strategic research is attending a trade show for a specific
industry.
Tactical Market: - CORRECT 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: - CORRECT ANSWERS-Strategic or Tactical
The Competition in Contracting Act of 1984, (CICA): - CORRECT 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: - CORRECT ANSWERS-Sealed bids.
Competitive proposals
Combination of competitive procedures.(e.g., two-step sealed bidding).
Other competitive procedures
Full and Open Competition: - CORRECT 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: - CORRECT 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: - CORRECT 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: - CORRECT ANSWERS-Contracting
without providing for Full and open is authorized under certain conditions
with justification
Other Than Full and Open Competition Examples: - CORRECT 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: - CORRECT ANSWERS-supplies and
services from responsible sources at fair and reasonable prices (FAR15.402
In establishing the reasonableness the contracting officer shall: - CORRECT
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
Data other than certified cost or pricing data such as: - CORRECT 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.
Title to supplies shall pass to the Government upon: - CORRECT 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: - CORRECT 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: - CORRECT ANSWERS-is included in solicitations on
a fee basis for cost-reimbursement contracts, time-and-material contracts,
and labor-hour contracts.
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