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6 Elements of a Contract - ✔✔1)Offer and Acceptance 2)Definiteness 3)Legal
Consideration 4)Mutuality of Obligation 5)Competent Parties 6)Legal Purpose
Element of a Contract: Offer and Acceptance - ✔✔A promise or comittment to do, or not
do, a specified thing in the future. Example: provide a good or service. An acceptance is
a promise to do something in response to an offer.
Element of a Contract: Definiteness - ✔✔The material terms of an agreement that are
specifically expressed. Specificity is required because agreements that are vague cannot
be enforced.
Element of a Contract: Legal Consideration - ✔✔Something of consideration which is
exchanged between parties that serves to form or bind a contract. Usually considered an
exchange of money for goods/services.
Element of a Contract: Mutuality of Obligation - ✔✔All parties to an agreement are
obligated or none of the parties are obligated.
Element of a Contract: Competent Parties - ✔✔Classes of persons that the law deems
are capable of entering into an agreement. Those capable of making independent
decisions.
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, Element of a Contract: Legal Purpose - ✔✔The law will not enforce agreements which
are for illegal acts. An agreement can only be for what is allowed by law.
Type of Contract: Express Contract - ✔✔Written or oral and is created when the formal
elements for establishing a contract exist. Terms and Conditions are considered express.
They include everything the parties deem important.
Type of Contract: Implied-In-Fact Contract - ✔✔Occurs when some of the formal
contractual elements occur through a person's conduct rather than being explicitly
stated in words.
Contract Administration Plan (CAP) - ✔✔Provides the framework for effective contract
administration with an emphasis on process, output, and outcome. Focuses on how the
contract will be administered and managed throughout its lifecycle. Typically includes
details such as the roles and responsibilities of the contracting officer, reporting
requirements, invoicing procures, compliance requirements, and any specific terms and
conditions.
Performance Assessment Plan (PAP) - ✔✔Based on the technical requirements and
terms and conditions of the contract and ensures that the entity is receiving the supplies
or services to which it is entitled. Focused on evaluating and assessing the contractor's
performance during the execution of the contract. Used to measure how well the
contractor is meeting the requirements and objectives. Typically outlines the
performance standards, criteria, and metrics that will be used to assess the performance.
May include performance milestones, quality standards, and evaluation methods.
Main Difference between CAP and PAP - ✔✔CAP is primarily concerned with overall
management of a contract, while PAP is specifically designed to measure and evaluate
the contractor's performance against predefined standards and criteria outlined in the
contract.
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