answers | Latest 2024/25
What is the Micro-purhcase threshold for supplies? -
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All incentive contracts (schedule or performance) must also include what? -
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incentive or constraint
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What requires funds to be used only for needs or services in the year of the
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appropriations obligation period? - Bona Fide Needs Rule
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II What contract types can be used for commercial item purchases? -
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What is the Simplified Acquisition Threshold for commercial products and services?
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What is it for non-commercial? - $7.5M - commercial $250k for non-commercial
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True or False: The Gov shall use electronic commerce whenever practicable or cost-
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effective - True II II II II
What is the purpose of a contract file? (4) - Provide background/basis for decisions
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Supporting actions taken II II
Provide information for reviews and investigations
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Furnishing essential facts in the event of a litigation
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II Can contract files be combined if appropriate? -
II II II II II II II II II II Yes
At what level are contract files maintained and why? -
II II II II II II II II II II II II II Maintained at the II II
organizational level to ensure
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effective documentation of contract actions
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accessibility by principal users II II II
minimal establishment of duplicate and working files
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safeguarding classified docs II II
conformance with agency regs II II II
When is a SAP contract file closed out? -
II II II II II II II II II II II II When the KO receives evidence of II II II II II
receipt of property or final payment
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When is a FFP (not SAP) contract file closed out? - Should be closed out within 6
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months after date KO receives evidence of physical completion
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II When should contract files required settlement of indirect cost rates be closed out? -
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II IIWithin 36 months of the month the KO receives evidence of physical completion
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,II When should all other (not SAP, FFP, or indirect cost rate) contract files be closed? -
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Within 20 months of the month the KO receives evidence of physical completion
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When is a contract considered physically complete? - the KTR has completed
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required deliveries and Gov has inspected and accepted the supplies
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The contractor has performed all services and the Gov has accepted the services and
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all option provisions, if any, have expired
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or the Gov gives the KTR notice of termination
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What are the steps to close out a contract file? - 1) Contract admin office is
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responsible for initiating, reviewing contract fund status, and deobligating excess
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funds
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2)KO issues a contract completions statement
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3) KO files completed statement and signed copy send to admin office
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How long are contract documents retained after closeout? -
II II II II II II II II II 6 years after final
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payment
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What does a KO need prior to commencement of negotiations for a sole source
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contract, commencement of negotiations for a contract resulting from an unsolicited
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proposal, or award without providing for full and open competition? - Justification
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and Approval which justifies the actions in writing, certifies the accuracy and
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completeness of the justifications and obtains the approval required
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The KO shall not award a sole-source contract for an amount exceeding $25M
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unless - they have a signed Justification and Approval
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A J&A should include - Description of action being approved
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Description of supplies or services required + estimated value II II II II II II II II
statutory authority permitting other than full and open comp
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demonstrate why specific KTR is required (instead of comp) II II II II II II II II
efforts made to solicit offers from other sources
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determination of fair and reasonable anticipated cost II II II II II II
description of market research conducted II II II II
list of sources that expressed interest
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statement of how agency may remove comp barriers in the future II II II II II II II II II II
KO certification II
What are the thresholds for J&A approval -
II II II II II II II II II II II under $750 - KO approval II II II II
over $750k and under $100M - HCA
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over $100M - senior procurement executive
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What are the basic elements required for a contract to be legally binding (4) -
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mutual assent (valid offer and acceptance)
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adequate consideration II
capacity
, legality
What is implied actual authority? - authority to do what is usual, customary and
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necessary to accomplish the action
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Implied actual authority differs from express actual authority in that no express
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agreement is executed
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(e.g., when an individual is assigned a task to accomplish but the minor details are
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not spelled out either verbally or in writing, this is an example of implied actual
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authority).
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What is express actual authority? - is created by explicit language, either in writing
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or verbal.
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It should be noted that the spoken word is generally as binding as the written word;
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however it is sometimes more difficult to prove.
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What is apparent authority? - Apparent authority exists when someone reasonably
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believes an individual has the authority to act on behalf of the Government, based on
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his or her conduct, even though that individual has no actual authority to bind the
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Government.
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What is consideration? - Something of value that a promisor receives from the
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promisee in return for his or her offer.
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aka the reason a party would seek to enter into a contract Can be money, action, non
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action or property
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II A contract is not enforceable without -
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What is lawful purpose? - A contract is unenforceable if any term is contrary to
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public policy / against the law
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What is capacity? -
II II II II II II II the ability to understand and appreciate the terms of the
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contract
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what is mutual assent? - when each party makes a promise or begins to render
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performance
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offer placed by one party and acceptance by the other
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What is a commercial product? - a product that is used by the general public for
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purposes other than governmental purposes or
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a product evolved from the above which is not yet available to the market,
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or a product like the above, slightly modified for gov use or
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a nondevelopmental item
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What is a commercial service? - includes installation, maintenance, repair, training if
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procured in support of commercial product and/or are provided to the general public
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as well
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