CON 3900
Express Actual Authority: - ANS -Authority explicitly given to the agent through the principal's
written or oral instructions
Implied Actual Authority: - ANS -authority to do what is usual, customary and necessary to
accomplish the action. No express agreement
Apparent Authority: - ANS -someone reasonably believes an individual has the authority to act
on the behalf of the government
Delegation of authority: - ANS -he FAR and states that each authority is delegable unless
specifically stated otherwise (FAR 1.108(b)).
contract: - ANS -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: - ANS -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.
Capacity: - ANS -refers to the legal competence of a person to enter a valid contract.
Consideration: - ANS -something of value that a promisor (the offeror) receives from a
promisee (the offeree) in return for his or her offer.
Lawful Purpose: - ANS -the contract must not be for an unlawful purpose or contrary to public
policy
Essential elements of a contract: - ANS -Capacity
Mutual assent
Consideration
Lawful purpose
FAR part 10: - ANS -market research
Market research: - ANS -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: - ANS -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: - ANS -continuous. overall market developments, trends and
capabilities.
An example of strategic research is attending a trade show for a specific industry.
Tactical Market: - ANS -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: - ANS -Strategic or Tactical
The Competition in Contracting Act of 1984, (CICA): - ANS -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: - ANS -Sealed bids.
Competitive proposals
Combination of competitive procedures.(e.g., two-step sealed bidding).
Other competitive procedures
Full and Open Competition: - ANS -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: - ANS -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: - ANS -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: - ANS -Contracting without providing for Full and open
is authorized under certain conditions with justification
Other Than Full and Open Competition Examples: - ANS -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: - ANS -supplies and services from responsible sources at
fair and reasonable prices (FAR15.402
In establishing the reasonableness the contracting officer shall: - ANS -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: - ANS -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.
Ethics; The general rule is: - ANS -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: - ANS -contractual and financial harm,
but also potentially to civil monetary penalties and criminal sanctions
No Government employee may solicit or accept, directly or indirectly, any gratuity, gift, favor,
entertainment, loan, or anything of monetary value from anyone who: - ANS -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: - ANS -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: - ANS -Acceptance of supplies or services is the responsibility of
the Contracting Officer
, Supplies accepted at a place other than destination shall: - ANS -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: - ANS -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
Certificate of Conformance: - ANS -may be used in certain instances instead of source
inspection at the discretion of the contracting officer
Certificate of Conformance conditions: - ANS -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:
Title to supplies shall pass to the Government upon: - ANS -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: - ANS -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: - ANS -is included in solicitations on a fee basis for
cost-reimbursement contracts, time-and-material contracts, and labor-hour contracts.
Delay Default: - ANS -Except for defaults of subcontractors at any tier the Contractor will not
default because from delays caused beyond their control and without the fault or negligence
Default: - ANS -failure to make progress in the work so as to endanger performance.
Subcontractor Default: - ANS -The subcontracted supplies or services were obtainable from
other sources;
The Contracting Officer ordered the Contractor in writing to purchase these supplies or services
from the other source
The Contractor failed to comply reasonably with this order.
Express Actual Authority: - ANS -Authority explicitly given to the agent through the principal's
written or oral instructions
Implied Actual Authority: - ANS -authority to do what is usual, customary and necessary to
accomplish the action. No express agreement
Apparent Authority: - ANS -someone reasonably believes an individual has the authority to act
on the behalf of the government
Delegation of authority: - ANS -he FAR and states that each authority is delegable unless
specifically stated otherwise (FAR 1.108(b)).
contract: - ANS -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: - ANS -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.
Capacity: - ANS -refers to the legal competence of a person to enter a valid contract.
Consideration: - ANS -something of value that a promisor (the offeror) receives from a
promisee (the offeree) in return for his or her offer.
Lawful Purpose: - ANS -the contract must not be for an unlawful purpose or contrary to public
policy
Essential elements of a contract: - ANS -Capacity
Mutual assent
Consideration
Lawful purpose
FAR part 10: - ANS -market research
Market research: - ANS -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: - ANS -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: - ANS -continuous. overall market developments, trends and
capabilities.
An example of strategic research is attending a trade show for a specific industry.
Tactical Market: - ANS -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: - ANS -Strategic or Tactical
The Competition in Contracting Act of 1984, (CICA): - ANS -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: - ANS -Sealed bids.
Competitive proposals
Combination of competitive procedures.(e.g., two-step sealed bidding).
Other competitive procedures
Full and Open Competition: - ANS -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: - ANS -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: - ANS -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: - ANS -Contracting without providing for Full and open
is authorized under certain conditions with justification
Other Than Full and Open Competition Examples: - ANS -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: - ANS -supplies and services from responsible sources at
fair and reasonable prices (FAR15.402
In establishing the reasonableness the contracting officer shall: - ANS -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: - ANS -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.
Ethics; The general rule is: - ANS -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: - ANS -contractual and financial harm,
but also potentially to civil monetary penalties and criminal sanctions
No Government employee may solicit or accept, directly or indirectly, any gratuity, gift, favor,
entertainment, loan, or anything of monetary value from anyone who: - ANS -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: - ANS -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: - ANS -Acceptance of supplies or services is the responsibility of
the Contracting Officer
, Supplies accepted at a place other than destination shall: - ANS -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: - ANS -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
Certificate of Conformance: - ANS -may be used in certain instances instead of source
inspection at the discretion of the contracting officer
Certificate of Conformance conditions: - ANS -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:
Title to supplies shall pass to the Government upon: - ANS -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: - ANS -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: - ANS -is included in solicitations on a fee basis for
cost-reimbursement contracts, time-and-material contracts, and labor-hour contracts.
Delay Default: - ANS -Except for defaults of subcontractors at any tier the Contractor will not
default because from delays caused beyond their control and without the fault or negligence
Default: - ANS -failure to make progress in the work so as to endanger performance.
Subcontractor Default: - ANS -The subcontracted supplies or services were obtainable from
other sources;
The Contracting Officer ordered the Contractor in writing to purchase these supplies or services
from the other source
The Contractor failed to comply reasonably with this order.
