QPA Exam Questions and 100% Correct Answers
Contracting UNIT - Any county; municipality; or board, commission, committee, authority or agency,
which is not a State board, commission, committee, authority which has statutory
power to make purchases and enter into contracts awarded by a contracting unit for
goods and services;
Contracting AGENT - means the governing body of a contracting unit, or its designee, who prepares
advertisements, advertises and receives bids and makes awards in connection with
purchase, contracts or agreements.;
Professional services - means services rendered or performed by a person authorized by law to practice a
recognized profession, whose practice is regulated by law, and the performance of
which services requires knowledge of an advanced type in a field of learning
acquired by a prolonged formal course of specialized instruction and study as
distinguished from general academic instruction or apprenticeship and training.
Professional services may also mean services rendered in the provision or
performance of goods or services that are original and creative in character in a
recognized field of artistic endeavor.;
EUS "Extraordinary unspecifiable services" - means services which are specialized and qualitative in nature requiring expertise,
extensive training and proven reputation in the field of endeavor.;
Work - includes services and any other activity of a tangible or intangible nature performed
or assumed pursuant to a contract or agreement with a contracting unit.;
Aggregate - means the sums used or to be used for the delivery or performance of any goods or
services in connection with the same immediate purpose or task, or the furnishing of
similar goods or services, during the same contract year through a contract
awarded by a contracting agent.;
"Aggregate or aggregation" means the sum spent for any goods or services during the same contract year.;
Reasons for rejection of bids/offer - Contracting unit MAY reject all bids for any of the following reasons:
a. The lowest bid substantially exceeds the cost estimates for the goods or services;
b. The lowest bid substantially exceeds the contracting unit's appropriation for the
goods or services;
c. The governing body of the contracting unit decides to abandon the project for
provision or performance of the goods or services;
d. The contracting unit wants to substantially revise the specifications for the goods
or services;
e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are
being violated;
f. The governing body of the contracting unit decides to use the State authorized
contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12).
Reasons you MAY reject a bid 1) failure to submit required bid guarantee or required consent of surety.
2) Lacks requested information
3) Does not meet the technical specs of the IFBs/RFPs
4) Bid is received late
5) Violates conflict of interest laws
6) Bid not submitted in required format;
Required mandatory items for bid plans, specification - 1) Bid guarantee
reasons for MANDATORY rejection 2) Certificate of Surety
3) Statement of ownership
4) Listing of subcontractors
5) Signed addendum, even if no addenda issued;
Lowest responsible bidder or vendor - means the bidder or vendor: (a) whose response to a request for bids offers the
lowest price and is responsive; and (b) who is responsible.
, QPA Exam Questions and 100% Correct Answers
Purchase order - means a document issued by the contracting agent authorizing a purchase
transaction with a vendor to provide or perform goods or services which will result in
payment by the contracting unit. (A purchase order is an offer to purchase that
becomes a contract when accepted by the seller).;
Purchasing agent - means the individual duly assigned the authority, responsibility, and accountability
for the purchasing activity of the contracting unit, and who possesses a qualified
purchasing agent certificate.;
Quotation - means the response to a formal or informal request made by a contracting agent by
a vendor for provision or performance of goods or services, when the aggregate
cost is less than the bid threshold. Quotations may be in writing, or taken verbally if
a record is kept by the contracting agent.;
Responsible - means able to complete the contract in accordance with its requirements, including
but not limited to requirements pertaining to experience, moral integrity, operating
capacity, financial capacity, credit, and workforce, equipment, and facilities
availability.;
Responsive - means conforming in all material with respect to the terms and conditions,
specifications, legal requirements, and other provisions of the request.;
Concession - means the granting of a license or right to act for or on behalf of the contracting unit,
or to provide a service requiring the approval or endorsement of the contracting unit,
and which may or may not involve a payment or exchange, or provision of services
by or to the contracting unit;.
Examples of concession 1) Food and services catering contract on the public property
2) Vending machines on the public property
3) Maps and Newsletter on the public property
4) WELCOME sign on the Public property
5) Printers and copiers on the library
6) The right to sell goods and services on public property
Index rate - means the rate of annual percentage increase, rounded to the nearest half-percent.
(proceeding 12 mth)
Proprietary - an item produced and marketed by a person or company having the exclusive right
to manufacture and sell it. (when the need for such goods and services has been
certified in writing by governing body to be necessary for the conduct of its affairs.);
Two (2) important elements of proprietary: 1)"Specialized nature" - means that the purpose to which the goods or services will
be used has such unique characteristics that only the goods or services of a single
vendor are capable of meeting the contracting unit's needs.
i. The use of a good or service other than the proprietary one will undermine the
functionality or operational performance of existing facilities; or
ii. The good or service is patented and the patented feature is essential for
operational performance.
2)"Necessary for the conduct of its affairs" - means that the public need for the
proprietary designation is of such a compelling nature that the value to the public
that is gained by the proprietary designation overshadows the public benefit of
permitting "brand name or equivalent" and the benefits of such competition.
i. The contracting unit has a substantial investment in facilities, training,
replacement parts, or complimentary items that warrants reliance on a specific
manufacturer or vendor to maintain the value of the investment.
ii. Unique circumstances as to a facility or environment preclude the use of other
goods or services. ;
Mistake - means, for a public works project, a clerical error that is an unintentional and
substantial computational error or an unintentional omission of a substantial quantity
of labor, material, or both, from the final bid computation.;
, QPA Exam Questions and 100% Correct Answers
Procurement Cards - Electronic procurement cards - (QPS's are now designated "program manager")
can be used for three general transactions:
1) Subscriptions, conference registration
2) Over the Internet
3) When less than the threshold set by local unit
4) Transactions cannot exceed 15% of bid threshold unless the QPA is certified by
DLGS as program manager.
5) Cannot use for travel, dining & room and board expenses; only exception is for
defendants, witnesses or experts required for matter before the courts.
- P-Cards are issued in the name of specific individual upon completion of required
training.
- Can be used for national co-ops who require vendor payment by P-Card. (normally
don't accept P.O's)
- Adopt resolution or ordinance
- Govern body sets monetary limit
- Reconciliation is done by CFO
- Must be trained;
"Dillon's Rule" - Judge John F. Dillon, who in 1872 stated that a municipal corporation can exercise
only those powers expressly granted by state law. (Widely go by);
The "Cooley Doctrine" - A state government can grant a charter to a municipality allowing that group of
persons to carry on specific activities. Cities should be able to govern themselves.
1) Exists an inherent right of local government
2) The right to local self-government to be an absolute right which could not be
abridged
3) Local and state government were parallel and should remain that way
(While Dillon's rule added accountability between the state and local governments,
the Cooley doctrine recognized the separability of different levels of government.)
(widely go by the Dillon rule);
"Common Rule" - Formal Federal government rule @ 24 CFR 85.36. Requires that local contracting
units use their own procurement procedures that reflect applicable state laws and
rules provided they conform to federal law.;
The purposes of 24 CFR Part 85.36 - to ensure that supplies, equipment, construction and services are: 1) obtained as
efficiently and economically as possible, 2) Procured in a manner that process open
and free competition;
The Uniform Commercial Code (UCC) - : UCC is a model code that reflects the common law for commercial transactions.
The purpose
1) to simplify, clarify and modernize the law governing commercial transactions,
2) to permit continued expansion of commercial practices through custom, usage
and agreement of the parties;
3) make uniform the law among the various jurisdictions.;
10 UCC provisions affecting public procurement - 1) Status of an Offer
2) Acceptance of an Offer
3) Unpriced Orders
4) Oral Contracts
5) Transfer of Ownership
6) Inspection Rights
7) Rights of Rejection
8) Warranties
9) Order cancellation and breach of contract
10) Honest mistakes
Article 1 - a. Simplify, clarity and modernize the law governing commercial transaction;
b. Permit continued expansion of commercial practices through custom, usage and
agreement of the parties; and
c. Make uniform the law among various jurisdictions;
Definition of Cooperative Pricing - There's a lead agency soliciting on behalf of members. Combining of requirements
of two or more public procurement units in order to obtain the benefits of volume
purchases and/or reduction in administrative expenses;
Contracting UNIT - Any county; municipality; or board, commission, committee, authority or agency,
which is not a State board, commission, committee, authority which has statutory
power to make purchases and enter into contracts awarded by a contracting unit for
goods and services;
Contracting AGENT - means the governing body of a contracting unit, or its designee, who prepares
advertisements, advertises and receives bids and makes awards in connection with
purchase, contracts or agreements.;
Professional services - means services rendered or performed by a person authorized by law to practice a
recognized profession, whose practice is regulated by law, and the performance of
which services requires knowledge of an advanced type in a field of learning
acquired by a prolonged formal course of specialized instruction and study as
distinguished from general academic instruction or apprenticeship and training.
Professional services may also mean services rendered in the provision or
performance of goods or services that are original and creative in character in a
recognized field of artistic endeavor.;
EUS "Extraordinary unspecifiable services" - means services which are specialized and qualitative in nature requiring expertise,
extensive training and proven reputation in the field of endeavor.;
Work - includes services and any other activity of a tangible or intangible nature performed
or assumed pursuant to a contract or agreement with a contracting unit.;
Aggregate - means the sums used or to be used for the delivery or performance of any goods or
services in connection with the same immediate purpose or task, or the furnishing of
similar goods or services, during the same contract year through a contract
awarded by a contracting agent.;
"Aggregate or aggregation" means the sum spent for any goods or services during the same contract year.;
Reasons for rejection of bids/offer - Contracting unit MAY reject all bids for any of the following reasons:
a. The lowest bid substantially exceeds the cost estimates for the goods or services;
b. The lowest bid substantially exceeds the contracting unit's appropriation for the
goods or services;
c. The governing body of the contracting unit decides to abandon the project for
provision or performance of the goods or services;
d. The contracting unit wants to substantially revise the specifications for the goods
or services;
e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are
being violated;
f. The governing body of the contracting unit decides to use the State authorized
contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12).
Reasons you MAY reject a bid 1) failure to submit required bid guarantee or required consent of surety.
2) Lacks requested information
3) Does not meet the technical specs of the IFBs/RFPs
4) Bid is received late
5) Violates conflict of interest laws
6) Bid not submitted in required format;
Required mandatory items for bid plans, specification - 1) Bid guarantee
reasons for MANDATORY rejection 2) Certificate of Surety
3) Statement of ownership
4) Listing of subcontractors
5) Signed addendum, even if no addenda issued;
Lowest responsible bidder or vendor - means the bidder or vendor: (a) whose response to a request for bids offers the
lowest price and is responsive; and (b) who is responsible.
, QPA Exam Questions and 100% Correct Answers
Purchase order - means a document issued by the contracting agent authorizing a purchase
transaction with a vendor to provide or perform goods or services which will result in
payment by the contracting unit. (A purchase order is an offer to purchase that
becomes a contract when accepted by the seller).;
Purchasing agent - means the individual duly assigned the authority, responsibility, and accountability
for the purchasing activity of the contracting unit, and who possesses a qualified
purchasing agent certificate.;
Quotation - means the response to a formal or informal request made by a contracting agent by
a vendor for provision or performance of goods or services, when the aggregate
cost is less than the bid threshold. Quotations may be in writing, or taken verbally if
a record is kept by the contracting agent.;
Responsible - means able to complete the contract in accordance with its requirements, including
but not limited to requirements pertaining to experience, moral integrity, operating
capacity, financial capacity, credit, and workforce, equipment, and facilities
availability.;
Responsive - means conforming in all material with respect to the terms and conditions,
specifications, legal requirements, and other provisions of the request.;
Concession - means the granting of a license or right to act for or on behalf of the contracting unit,
or to provide a service requiring the approval or endorsement of the contracting unit,
and which may or may not involve a payment or exchange, or provision of services
by or to the contracting unit;.
Examples of concession 1) Food and services catering contract on the public property
2) Vending machines on the public property
3) Maps and Newsletter on the public property
4) WELCOME sign on the Public property
5) Printers and copiers on the library
6) The right to sell goods and services on public property
Index rate - means the rate of annual percentage increase, rounded to the nearest half-percent.
(proceeding 12 mth)
Proprietary - an item produced and marketed by a person or company having the exclusive right
to manufacture and sell it. (when the need for such goods and services has been
certified in writing by governing body to be necessary for the conduct of its affairs.);
Two (2) important elements of proprietary: 1)"Specialized nature" - means that the purpose to which the goods or services will
be used has such unique characteristics that only the goods or services of a single
vendor are capable of meeting the contracting unit's needs.
i. The use of a good or service other than the proprietary one will undermine the
functionality or operational performance of existing facilities; or
ii. The good or service is patented and the patented feature is essential for
operational performance.
2)"Necessary for the conduct of its affairs" - means that the public need for the
proprietary designation is of such a compelling nature that the value to the public
that is gained by the proprietary designation overshadows the public benefit of
permitting "brand name or equivalent" and the benefits of such competition.
i. The contracting unit has a substantial investment in facilities, training,
replacement parts, or complimentary items that warrants reliance on a specific
manufacturer or vendor to maintain the value of the investment.
ii. Unique circumstances as to a facility or environment preclude the use of other
goods or services. ;
Mistake - means, for a public works project, a clerical error that is an unintentional and
substantial computational error or an unintentional omission of a substantial quantity
of labor, material, or both, from the final bid computation.;
, QPA Exam Questions and 100% Correct Answers
Procurement Cards - Electronic procurement cards - (QPS's are now designated "program manager")
can be used for three general transactions:
1) Subscriptions, conference registration
2) Over the Internet
3) When less than the threshold set by local unit
4) Transactions cannot exceed 15% of bid threshold unless the QPA is certified by
DLGS as program manager.
5) Cannot use for travel, dining & room and board expenses; only exception is for
defendants, witnesses or experts required for matter before the courts.
- P-Cards are issued in the name of specific individual upon completion of required
training.
- Can be used for national co-ops who require vendor payment by P-Card. (normally
don't accept P.O's)
- Adopt resolution or ordinance
- Govern body sets monetary limit
- Reconciliation is done by CFO
- Must be trained;
"Dillon's Rule" - Judge John F. Dillon, who in 1872 stated that a municipal corporation can exercise
only those powers expressly granted by state law. (Widely go by);
The "Cooley Doctrine" - A state government can grant a charter to a municipality allowing that group of
persons to carry on specific activities. Cities should be able to govern themselves.
1) Exists an inherent right of local government
2) The right to local self-government to be an absolute right which could not be
abridged
3) Local and state government were parallel and should remain that way
(While Dillon's rule added accountability between the state and local governments,
the Cooley doctrine recognized the separability of different levels of government.)
(widely go by the Dillon rule);
"Common Rule" - Formal Federal government rule @ 24 CFR 85.36. Requires that local contracting
units use their own procurement procedures that reflect applicable state laws and
rules provided they conform to federal law.;
The purposes of 24 CFR Part 85.36 - to ensure that supplies, equipment, construction and services are: 1) obtained as
efficiently and economically as possible, 2) Procured in a manner that process open
and free competition;
The Uniform Commercial Code (UCC) - : UCC is a model code that reflects the common law for commercial transactions.
The purpose
1) to simplify, clarify and modernize the law governing commercial transactions,
2) to permit continued expansion of commercial practices through custom, usage
and agreement of the parties;
3) make uniform the law among the various jurisdictions.;
10 UCC provisions affecting public procurement - 1) Status of an Offer
2) Acceptance of an Offer
3) Unpriced Orders
4) Oral Contracts
5) Transfer of Ownership
6) Inspection Rights
7) Rights of Rejection
8) Warranties
9) Order cancellation and breach of contract
10) Honest mistakes
Article 1 - a. Simplify, clarity and modernize the law governing commercial transaction;
b. Permit continued expansion of commercial practices through custom, usage and
agreement of the parties; and
c. Make uniform the law among various jurisdictions;
Definition of Cooperative Pricing - There's a lead agency soliciting on behalf of members. Combining of requirements
of two or more public procurement units in order to obtain the benefits of volume
purchases and/or reduction in administrative expenses;
