QPA EXAM 2 QUESTIONS AND 100%
CORRECT ANSWERS!!
Dillion's Rule (1868)
states that local governments do not have any inherent sovereignty and instead must be
authorized by state governments that can create or abolish them
Cooley Doctrine
Local government is a matter of absolute right and the state may not take it away.
Forms of NJ Municipal Government
Boroughs, Commissions, Municipal Mgr, Town, Township, Village, and Cities. Optional
Faulkner Act.
What is 'common rule'?
State and cities are required to adhere to Federal laws. Must do the stricter of the them.
The purpose of the Uniform Commercial Code:
a. to simplify, clarify and modernize the law governing commercial transaction; b. to permit the
continued expansion of commercial practices through custom, usage and agreement of the
parties; and c. to make uniform the law among the various jurisdictions.
What is the 'Battle of the forms'?
The battle of the forms generally refers to the situation where buyers send out purchase orders
and sellers respond with sales acknowledgement forms but, although the fronts of the documents
basically match up, the backs are fundamentally different.
warranty of title
The seller warrants that the title being conveyed is good and that the transfer is lawful.
Expressed Warranty
an oral or written statement by the seller
,Implied Warranty of Fitness for a Particular Purpose
Seller is aware of the purpose of the need of buyer and that the buyer expects those goods to
meet that need.
3 Ways agents are given authority
1. Express Authority - Public Purchasing must be in writing. 2. Implied Authority - Unstated but
necessary to perform one's duty for an employer. 3. Apparent Authority - Supplier believes
authority exists and is not told otherwise.
Nature of Contract
Is either expressed or implied. It is promise(s) that the Law of Contracts recognizes and a remedy
is available for breach.
Basic characteristics of a contract
Any agreement, written (PO)or otherwise, that is legally binding, in which a vendor is providing
goods or services in exchange for compensation.
Four elements must be present in any contractual situation
1. Capable parties 2. Mutual Consent 3. Lawful Objective 4. Sufficient reason to contract
(consideration)
To form a contract there must the following:
1. Offer 2. Acceptance 3. Consideration
Contract Conditions. Define Guarantee and Warranty
Guarantee is to reduce buyer's sense of risk. Warranty is a promise of certain quality and
conform to certain standards. To protect buyer from poor workmanship and defects.
Types of Contracts
1. Firm Fixed Pricing 2. Agreement with Escalation Provisions 3. Open Ended 4. Lease 5. Lease
with an option to purchase 6. Time and Material
Methods of selecting vendors
, 1. Competitive Contracting 2. Proprietary 3. Competitive Quote 4. Emergency Contract
5.Competitive Sealed Bidding
Define Public Purchasing
Process of obtaining goods and services for the public in accordance with law and procedures in
an effort to spend public funds in the most economical way possible.
The six R's
Right Quality
Right Quantity
Right Time
Right Price
Right Source
Right Manner
Objective of Centralized Purchasing
To achieve savings through efficient management and volume purchasing.
Three C's needed in Centralized Purchasing
1. Cooperation 2. Coordination 3. Communication
Methods of disposing of excess, surplus or obsolete assets
1.Sealed Bids 2. Public Auction 3. Transfer 4. Trade Ins 5. Sell to another contracting unit
Define Specification
Concise statement of a set of requirements to be satisfied by a product, material or purpose.
Specification includes:
1. Terms & Conditions 2. Technical Requirements 3. Various forms required by #1 and #2
List 5 Local Cooperative Pricing Systems
1. Cooperative Pricing 2. Joint Purchasing 3. Commodity Resale 4. County Cooperative Contract
5. Regional Cooperative Pricing
CORRECT ANSWERS!!
Dillion's Rule (1868)
states that local governments do not have any inherent sovereignty and instead must be
authorized by state governments that can create or abolish them
Cooley Doctrine
Local government is a matter of absolute right and the state may not take it away.
Forms of NJ Municipal Government
Boroughs, Commissions, Municipal Mgr, Town, Township, Village, and Cities. Optional
Faulkner Act.
What is 'common rule'?
State and cities are required to adhere to Federal laws. Must do the stricter of the them.
The purpose of the Uniform Commercial Code:
a. to simplify, clarify and modernize the law governing commercial transaction; b. to permit the
continued expansion of commercial practices through custom, usage and agreement of the
parties; and c. to make uniform the law among the various jurisdictions.
What is the 'Battle of the forms'?
The battle of the forms generally refers to the situation where buyers send out purchase orders
and sellers respond with sales acknowledgement forms but, although the fronts of the documents
basically match up, the backs are fundamentally different.
warranty of title
The seller warrants that the title being conveyed is good and that the transfer is lawful.
Expressed Warranty
an oral or written statement by the seller
,Implied Warranty of Fitness for a Particular Purpose
Seller is aware of the purpose of the need of buyer and that the buyer expects those goods to
meet that need.
3 Ways agents are given authority
1. Express Authority - Public Purchasing must be in writing. 2. Implied Authority - Unstated but
necessary to perform one's duty for an employer. 3. Apparent Authority - Supplier believes
authority exists and is not told otherwise.
Nature of Contract
Is either expressed or implied. It is promise(s) that the Law of Contracts recognizes and a remedy
is available for breach.
Basic characteristics of a contract
Any agreement, written (PO)or otherwise, that is legally binding, in which a vendor is providing
goods or services in exchange for compensation.
Four elements must be present in any contractual situation
1. Capable parties 2. Mutual Consent 3. Lawful Objective 4. Sufficient reason to contract
(consideration)
To form a contract there must the following:
1. Offer 2. Acceptance 3. Consideration
Contract Conditions. Define Guarantee and Warranty
Guarantee is to reduce buyer's sense of risk. Warranty is a promise of certain quality and
conform to certain standards. To protect buyer from poor workmanship and defects.
Types of Contracts
1. Firm Fixed Pricing 2. Agreement with Escalation Provisions 3. Open Ended 4. Lease 5. Lease
with an option to purchase 6. Time and Material
Methods of selecting vendors
, 1. Competitive Contracting 2. Proprietary 3. Competitive Quote 4. Emergency Contract
5.Competitive Sealed Bidding
Define Public Purchasing
Process of obtaining goods and services for the public in accordance with law and procedures in
an effort to spend public funds in the most economical way possible.
The six R's
Right Quality
Right Quantity
Right Time
Right Price
Right Source
Right Manner
Objective of Centralized Purchasing
To achieve savings through efficient management and volume purchasing.
Three C's needed in Centralized Purchasing
1. Cooperation 2. Coordination 3. Communication
Methods of disposing of excess, surplus or obsolete assets
1.Sealed Bids 2. Public Auction 3. Transfer 4. Trade Ins 5. Sell to another contracting unit
Define Specification
Concise statement of a set of requirements to be satisfied by a product, material or purpose.
Specification includes:
1. Terms & Conditions 2. Technical Requirements 3. Various forms required by #1 and #2
List 5 Local Cooperative Pricing Systems
1. Cooperative Pricing 2. Joint Purchasing 3. Commodity Resale 4. County Cooperative Contract
5. Regional Cooperative Pricing
