CORRECT QUESTIONS AND VERIFIED
DETAILED ANSWERS |FREQUENTLY TESTED
QUESTIONS AND SOLUTIONS |ALREADY
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What is a contract?
a mutually binding legal relationship obligating the seller to furnish the supplies or services and
the buyer to pay for them
What qualify as contracts?
all commitments which obligate Gov to expenditures of appropriated funds which are in writing
bilateral instruments
awards
notices of awards
job order/task letter issued under BOA
letter contracts
orders (PO)
bilateral contract mods
What is not a contract?
grant or cooperative agreement
Does Market research include determining product characteristics, the capabilities of supplies,
and the business practices that surround them?
Yes
When is market research required?
all gov contract requirements that exceed the SAT and for certain requirements below the SAT
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,What is a nondevelopmental item?
a previously developed item of supply used exclusively for government purposes, which
requires only minor modifications of a type customarily available in the common marketplace in
order to meet the need
The extent of market research varies based on what factors? (4)
urgency, estimated dollar value, complexity, and past performance
How relevant does market research need to be to be accurate and relevant?
18 months
A trade show is an example of what type of market research?
strategic
what is tactical market research?
conducted at specific points during aq process, provide deeper understanding to answer specific
questions
What are some benefits to market reearch?
understanding (alternative) solutions available in marketplace
insight into price expectations
better able to describe/ communicate gov needs to industry
provide more competition
understand common industry practices, terms and conditions
What is the intent of Competition in Contracting Act of 1984?
authorized KO's to promote and provide for full and open competition in soliciting offers and
awarding Gov contracts
what are the two main types of competitive/negotiated procedures of contrating?
Sealed bids and competitive proposals
can also use a combination of both (two - step sealed bidding)
What is full and open competition after exclusion of sources?
agencies may exclude a particular source from a contract action in order to establish or maintain
alternative source or sources
What are the set asides for full and open competition after exclusion of sources?
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,establishing or maintain alternative sources
set asides for small business concerns
section 8(a) competition
set asides for hubzone small business concerns
set asides for service disabled veteran owned SB
set aside for women owned SB
set asides for local firms during major disaster
What circumstances is other than full and open competition authorized?
only one responsible source
unusual or compelling urgency
industrial mobilization, R&D, expert services
international agreement
authorized by statute
national security
public interest
What should the KO do to establish price reasonableness?
obtain certified cost or pricing date when necessary or obtain other than certified cost or pricing
data
Is adequate price competition enough to establish a fair and reasonable price when certified
cost and pricing data is not reqiured?
yes
What is the order of preference when determining the type of other than certified cost or
pricing data required?
data related to prices relying first on what is available within the Gov
second on data obtained from sources other than the offeror and lastly on data obtained by the
offeror
price each contract separately and independently. do not price contracts based on
proposed price reductions under OTHER contracts or consider losses or profits realized under
OTHER contracts
No Gov employee may accept gifts from anyone who
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, is seeking to obtain business with employees agency
conducts activites that are regulated by the employees agency
has interests that may be affected by performance of employees duties
What is acceptance?
acknowledgement that the supplies or services conform with applicable contract quality and
quantity requirements
When can acceptance take place?
before, at time of or after delivery
What must happen beofre acceptance?
quality assurance
How is acceptance executed?
acceptance certificate on an inspection or receiving report form
Who is responsible for acceptance?
KO unless assigned to contract admin office or agency
Should quality assurance be provided at the same source as acceptance, either source or
destination?
Yes
should supplies accepted at a place other than destination be re-inspected at destination for
acceptance purposes?
no but they should be examined at destination for quantity, damage in transit, and possible
substitution or fraud
When can a certificate of conformance be used instead of source inspection?
in the best interest of the government
small losses would be incurred in event of defect
KTR has good repuation and its likely any defective item would be replaced
When does title to supplies pass to the Government?
upon formal acceptance
responsibility of risk of loss or damage to supplies remains with the contractor until
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