A legally binding contract must contain what elements? correct answers Two or more parties
with the capacity to contract have an agreement and mutual accent under the correct form to
legally exchange something of value via an offer and acceptance of that offer.
Capacity to contract
Show agreement
Include an offer
Include acceptance
Have mutual assent
Value being exchanged
Legally purposeful
Correct form
Explain the difference between an offeror's experience and an offeror's past performance? correct
answers FAR PART 9-Contractor Qualifications
Experience- What an offeror has done (resume)
Past Performance- How well the offeror performed (appraisal)
If a contractor is included on the list of parties excluded from federal procurement and non-
procurement programs, what are the rules on continuation of current contracts with the
contractor? correct answers FAR PART 9- Contractor Qualification
Continue Services unless agency head directs otherwise
,Unless agency head makes determination of compelling reasons Do Not-
Place orders exceeding guaranteed minimals (IQ)
Place orders under FSS, BPAs, BOAs
Add new work or extend contracts/ orders
Define what it means for a contractor to be responsible? correct answers FAR PART 9-
Contractor Qualifications
Adequate financial resources, performance record, legal ability to contract, needed KSAs to meet
the needs of the contract
Able to meet delivery or performance schedules and work requirements
How do you determine a prospective contractor to be responsible? Are there any differences in
that process for contracts under the SAT versus contracts exceeding the SAT? If so, what are
they? correct answers FAR PART 9.104-6 Contractor Qualifications
Responsible:
KSA to contract
Able to meet delivery schedules
Legal ability to contract
Past Performance
Adequate financials
>SAT- Check FAPIIS and CPARS in beta.SAMs
,<SAT- Only SAM
Explain The difference between suspension and debarment correct answers FAR PART 9
Contractor Qualifications
Suspension- 12months pending investigation; ext. of 6mo. by AG
Debarment- usually NMT 3yrs when there's a preponderance of wrongdoing; outside of
exceptions
What is the difference between obligation and commitment of funds? correct answers
Obligation- legally binding the government to make payment
Commitment- setting asides funds after receiving a PR
How does a contractor indicate acceptance of a purchase order? correct answers FAR PART 13-
SAP
Notification to the GOV't (preferred in writing)
Furnishing ordered supplies or services ordered
Proceeding with work where substantial performance has occurred
Explain the legal effect of quotations and how a contractor indicates acceptance of a purchase
order? correct answers FAR PART 13- SAP
Quotation- isn't an offer and cannot be used as a binding contract
, Contract is established when the supplier accepts the offer
Acceptance= notification to government (preferred in writing), furnishing ordered supplies or
services, proceeding with work to a substantial point of performance
What is a blanket purchase agreement? correct answers FAR PART 13- SAP
A BPA is simplified way of fulfilling an anticipated and repetitive need
Only used when no other contract vehicle exists
Helps avoid numerous POs
Money is only obligated upon issuance of call not when BPA is established
It is NOT a formal contract
When are you required to synopsis contract actions? Discuss both the solicitation as well as
contract award. Address the differences, if any, between synopsis and post in a solicitation. Also
addressed some of the exceptions to synopsis. correct answers FAR PART 5- Publicizing
Contracts Actions
Synopsize on GPE is required if >$25k for 15days prior to solicitation
Synopsize in a public place or electronically if btwn 15k and 25k for 10days prior to solicitation
Exceptions are located in 5.202 (unusual and urgent/ National security/ for utilities)