CON 216 Exam 6 Questions With 100%
Verified Answers!!
The right of a legitimate government to establish immunity from lawsuits of any nature or
type other than those that the government allows.
Sovereign
Contract Disputes Act
CDA
Waives the sovereign immunity against contractor claims and establishes both the i.)
process for prosecuting claims and the ii.) forums for claims to be heard.
What doest he CDA do?
No
Do state laws control fed contracts?
Statutory and
Case & Common Law
What are the legal resource options?
the black-letter of the law. The exact way it is written. EXAMPLES: U.S. Constitution, U.S.
Code
Statutory Law
the interpretation of a statutory law by the court. EXAMPLE: Precedents,
appellate rulings, supreme court rulings
Case or Common Law
1) State or Fed. vs. State lawsuits.
2) U.S. Constitutional claims, ie EEO, EPA.
3) Statutory right to a federal review.
4) Diversity - citizen of one state suing
,a citizen of another state where the
issue exceeds $75,000.
5) Lawsuits against the Sovereign,
ie a claim by a contractor against the
United States Army.
What are the five doors to Fed Jurisdiction?
An agreement between two or more parties that creates in each party a duty to do or not do
something and a right to performance of the other's duty or a remedy for the breach of the
other's duty.
What is a contract?
A "promise for a promise" or a "promise for an act" !
What is a contract (really?)
1. Bilateral Contract: (Two Party
Agreement) Promise for a promise
2) 2. Unilateral Contract: (One Party Agreement)
Promise for an act
What are the two types of contracts?
Termination for Convenience (T4C);
and Termination for Default (T4D)
what are the TWO types of terminations available to a KO?
in the best interest of the Government
A T4C is...
the contractor breaches the contract.
A T4D occurs when...
No
, Does a contractor need to be in breach for a T4C?
1 year after the T4C is submitted
how long does a contractor have to submit a settlement to the the KO?
No
Do subcontrators have rights in a T4C?
KO approves payment of an amount up to 100% of the contract price can be paid for
acceptable items finished prior to the termination date.
What is termination financing?
T4 Cause is FAR part 12
What is the difference between T4D and T4 Cause?
Yes, KO can pay excess costs, just not at an excessive rate.
Does the USG have a duty to mitigate damages in a T4Cause?
True
True/False - T4D and T4 Cause BOTH require a contractor breach
No, Termination for Default is applicable to noncommercial contracts only.
Is Termination for Default is applicable to commercial contracts?
Actual breach and Anticipatory breach
What are the two types of T4D?
A failure on the part of the contractor to perform any of its duties according to the terms
of the agreement (missed the delivery)
Actual Breach
A party, by words or conduct, prior to the date for
performance, leads the other party to believe that
the terms of the contract will not be performed (Prior to delivery failure)
Verified Answers!!
The right of a legitimate government to establish immunity from lawsuits of any nature or
type other than those that the government allows.
Sovereign
Contract Disputes Act
CDA
Waives the sovereign immunity against contractor claims and establishes both the i.)
process for prosecuting claims and the ii.) forums for claims to be heard.
What doest he CDA do?
No
Do state laws control fed contracts?
Statutory and
Case & Common Law
What are the legal resource options?
the black-letter of the law. The exact way it is written. EXAMPLES: U.S. Constitution, U.S.
Code
Statutory Law
the interpretation of a statutory law by the court. EXAMPLE: Precedents,
appellate rulings, supreme court rulings
Case or Common Law
1) State or Fed. vs. State lawsuits.
2) U.S. Constitutional claims, ie EEO, EPA.
3) Statutory right to a federal review.
4) Diversity - citizen of one state suing
,a citizen of another state where the
issue exceeds $75,000.
5) Lawsuits against the Sovereign,
ie a claim by a contractor against the
United States Army.
What are the five doors to Fed Jurisdiction?
An agreement between two or more parties that creates in each party a duty to do or not do
something and a right to performance of the other's duty or a remedy for the breach of the
other's duty.
What is a contract?
A "promise for a promise" or a "promise for an act" !
What is a contract (really?)
1. Bilateral Contract: (Two Party
Agreement) Promise for a promise
2) 2. Unilateral Contract: (One Party Agreement)
Promise for an act
What are the two types of contracts?
Termination for Convenience (T4C);
and Termination for Default (T4D)
what are the TWO types of terminations available to a KO?
in the best interest of the Government
A T4C is...
the contractor breaches the contract.
A T4D occurs when...
No
, Does a contractor need to be in breach for a T4C?
1 year after the T4C is submitted
how long does a contractor have to submit a settlement to the the KO?
No
Do subcontrators have rights in a T4C?
KO approves payment of an amount up to 100% of the contract price can be paid for
acceptable items finished prior to the termination date.
What is termination financing?
T4 Cause is FAR part 12
What is the difference between T4D and T4 Cause?
Yes, KO can pay excess costs, just not at an excessive rate.
Does the USG have a duty to mitigate damages in a T4Cause?
True
True/False - T4D and T4 Cause BOTH require a contractor breach
No, Termination for Default is applicable to noncommercial contracts only.
Is Termination for Default is applicable to commercial contracts?
Actual breach and Anticipatory breach
What are the two types of T4D?
A failure on the part of the contractor to perform any of its duties according to the terms
of the agreement (missed the delivery)
Actual Breach
A party, by words or conduct, prior to the date for
performance, leads the other party to believe that
the terms of the contract will not be performed (Prior to delivery failure)
