6C031 Vol 1. CDC URE

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Terms in this set (48)
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Which statement identifies the various forms of acts Congress uses to control government contracting?
Enabling and procedural acts, authorization acts, and appropriations acts.
What agency's objective is to provide aid and counseling to small businesses?
Small Business Administration (SBA).
In the principal-agent relationship, which party is the contractor?
Third party.
Express actual authority is created by
explicit language, written or oral, from the principal to the agent.
A characteristic of implied authority is that it is
necessary or incidental to carrying out the express authority.
Estoppel means to prevent
A party from asserting a fact or claim inconsistent with a position that party previously took.
The elements of equitable estoppel include all of the following except the
contractor did not reasonably and innocently rely on the acts of the government.
Which statement about the offeree is correct?
Only the intended offeree can accept the offer.
When no time is stated, an offer continues
until the expiration of a reasonable time.
An offeror's withdrawal of an offer before acceptance is called arevocationWhich of these is an example of rejecting an offer?Proposing a counter offer.If the offeror expresses time, place, and means of communication,only that time, place, or means constitutes acceptance.What are the two types of mistakes that the law recognizes as excusing performance?Unilateral with knowledge and bilateral.What is the name given to the exchange of promises?Consideration.What is meant by adequate consideration?The consideration in the exchange is a fair bargainFor a contract to be enforceable, its terms must be clear enough to permitthe courts to interpret the duties and obligations to be performed by either party.What is meant by the term "competent" in regards to a contracting party?Having the mental capacity to understand the intent to be bound.As a general rule, a contract that violates a statute isunlawful, void, and will not be enforced.What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority?Ratification.Which situation would preclude a ratification?Government not obtaining a benefit from the performance.Business clearance for noncompetitive contract actions is the approval tobegin negotiations.A government action may be protested byAn interested partyFor competitive acquisitions conducted without discussion, approval by the clearance approval authority is needed for the source selection authority (SSA) tomake the decision to awardProtests are made toeither the appropriate agency or the GAOWhich Federal Acquisition Regulation Part prescribes actions required upon receipt of protests?Part 33.When an agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within five days after a debriefing date, thesuspends performance or terminates the awarded contract.How many days does Government Accountability Office (GAO) have to issue its recommendation on a protest?100.What document provides findings, recommendations, and any additional information necessary to assist the Government Accountability Office (GAO) in determining the merits of a protest?Statement of Facts.What action may the contractor take when a dispute cannot be resolved by mutual agreement of the contracting parties?Submit a claim under the Disputes clause.After accrual of a claim, what is the maximum amount of time within which contractor claims must be submitted to the contracting officer (CO), unless contracting parties agreed to a shorter period of time?Six years.Who is responsible for reviewing the contracting officer's (CO) final decision on claims exceeding $500,000 prior to sending the decision to the contractor?Air Force Legal Operations Agency, Commercial Law and Litigation Directorate.How long after receiving the contracting officer's (CO) final decision does the contractor have to appeal to the Armed Services Board of Contract Appeals (ASBCA)?90 daysUpon learning of an appeal to the Armed Services Board of Contract Appeals (ASBCA), the contracting officer must comply with Rule 4 of the ASBCA rules found inDefense Federal Acquisition Regulation Supplement (DFARS), Appendix A.The two most common techniques of alternative dispute resolutions (ADR) aremediation and arbitration.The two most common types of funding documents are theDD Form 448 and AF Form 9.Where would a contracting officer (CO) find guidance on the use of a military interdepartmental purchase request (MIPR)?b. Air Force Instruction (AFI) 65-118.The funding document authorizing the purchase of the required service or supply must be signed by thesignature authority.The Bona-Fide Need Rule requires current year funds be obligatedin the same year the government will use the supplies or services.What act is violated when an organization obligates more funds than are available?Anti-Deficiency Act.What appropriation category may be used to fund minor military construction projects under $1,000,000?Operations and maintenance (O&M).Operations and maintenance (O&M) and military personnel (MILPERS) funds are both categorized as what type of appropriation?Annual.What appropriations account code identifies operations and maintenance (O&M) funds?3400How many years are military construction appropriations available for expenditure?1Nonappropriated funds (NAF) are generated throughMorale, Welfare, and Recreation facilities.What part of the federal acquisition regulation (FAR) determines whether to include contract financing through progress payments?Part 32What type of payment is made for partial delivery of commercial items?DeliveryWhat must the contracting officer (CO) issue to the contractor to show that funds are available?Notice in writing that funds are available