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Transparency is a type of authority given to agents by their




1. Transparency is a type of authority given to agents by their principal.;True;False;2. Texas is the only state that has not adopted the Uniform Commercial Code.;True;False;3. The Sherman Act is the first significant federal legislation concerning competition and monopolies.;True;False;4. The Statute of Frauds requires contracts for the sale of crops to be in writing.;True;False;5. In most states, acceptance of an offer by sending the acceptance by mail is effective when mailed.;True;False;6. Traditionally, acceptance of an offer had to exactly mirror the offer.;True;False;7. The two elements that make up an agreement are an offer and a counter-offer.;True;False;8. To have an enforceable contract, there must be an agreement between capable parties that relates to a legal subject matter and includes mutual consideration.;True;False;9. Full and open competition is a key, over-riding policy applicable to all methods of procurement of goods and services by the federal government.;True;False;10. The statute that implements the policy identified in Question 9 is the Freedom of Information Act.;True;False;11. Identify the two main methods or procedures the federal government uses to conduct a competitive procurement (each method is covered by a separate Part in the applicable regulations).;12. What is the uniform system of regulations governing federal government procurement called?;13. In what Title and Chapter in the Code of Federal Regulations do you find the uniform system of regulations governing federal government procurement referred to in Question 12?;14. Identify three product warranties recognized by the UCC.;15. Identify two types of alternative dispute resolution processes commonly used in commercial contracting disputes.;16. What statute, which is discussed in a Part of the regulations referred to in question 12, governs disputes between the federal government and contractors which arise during contract performance? This question does not refer to bid protests, but to disputes that arise AFTER contract award and during or after performance of the contract.;17. What are the two JUDICIAL forums to which a contractor can take a dispute arising from the performance of a US Government contract? Again, this question does not refer to bid protests. Here I am not looking for appellate courts or the judicial remedy for weird statutory situations like that for FAA procurement matters, just the judicial institutions where the majority of all government contract disputes cases are tried.;18. What action must a government contractor take before taking a contract dispute to one of the judicial forums identified in Question 17? The contractor cannot sue the government for a breach of contract (in most cases) unless this action is taken. There are two elements to this step, but they can be identified with one phrase. I'm looking for the actions required by the relevant statute, not actions that might be logical or reasonable for any contract dispute.;19. What action must a contracting officer take in response to the actions taken by the contractor referred to in Question 18? The statute referred to in Question 16 gives this action by the contracting officer a specific name and the contracting officer must usually accomplish this action within 60 days. Here I'm also look for actions specifically required by the relevant statute.;20. What are the two forums (other than the procuring agency itself) to which a bidder on a federal procurement can take a bid protest? Now we really are talking about bid protests These are forums available to disappointed bidders and bidders may go to either forum either before or after contract award.;21. What type of cost reimbursement contract is the federal government prohibited by statute from awarding?;22. Identify two types of cost reimbursement contracts that are legal and appropriate for the federal government to use. There are actually more than two, but giving me two answers will get you the points.;23. Where in the regulations referred to in question 12 can you find the rules for what is an ?allowable? cost? You can give me either a section number or a part number.;24. What is ?cost or pricing data?? (You should not need more than a single sentence to answer this question, if you are planning on a career in government contracting you should probably memorize this sentence.) What statute requires under some circumstances that a offeror provide the government with certified ?cost or pricing data?? {Note: this is a two part question.};25a. You are the contract administrator for Warehouse 13, a super secret part of the U.S. Treasury Department, and the supervisor of the 50 field agents have asked you to replace their existing, out-dated widgets, which have developed a disturbing habit of exploding in the field without any warning. This is a new job for you and you don't really know where to start. All your boss tells you is that you can use FAR Parts 12, 13, 14 or 15. Name the methods of procurement identified in these Parts of the FAR?;25b. You do some research on line and discover that Amazon has various models of widgets from several companies that seem to meet your field agents' needs and the prices range from $19.95 to $59.95. Which of the methods you identified in question 25a might you use? Tell me why (in one sentence please).;25c. After you propose to use the method of procurement you identified in question 25b, the Director of Warehouse 13 comes to you and says that she really isn't happy with the widgets available in the commercial market and wants a state of the art version with GPS, an MP3 player and self-defense capabilities. There is no such model presently commercially available. Which of the types of procurements you identified in Question 25a should you now use to get what the Director has asked for? Tell me why (in one sentence please).;25d. You have selected a winner for the new, improved state of the art model of widget and have made an award. One of the unsuccessful sources complains about your decision. What first step should the loser take with you?;25e. The unsuccessful offeror is not satisfied with the results of the process you identified in Question 25d. What might this really annoying company do next? Give my at least two different actions the company might take.;26. The following was posted on the ?solosez? website (a listserv for solo attorneys) (You only have to answer the questions that follow the words ?Your question is... ?);I ran across a web site in which two counselors have announced that they are now joining forces and combining their businesses. They have announced that their offerings are now going to be "complimentary.;By the tone/thrust of everything else, I'm guessing that they mean their services are going to dovetail and enhance each other--in other words, be "complEmentary." But they goofed and used the word that means "free.;So here's my question: if one of their clients were to refuse to pay, using the reasoning, "hey, you told me it was free!", would the client have a legal leg to stand on? Or does the law protect business owners who are sloppy practitioners of the English language?;Your question is first, would a court agree that the service should be free? Why or why not? What if the combined business was selling ?goods,? say dvd's or e-books, rather than a service? Would that make a difference? Why or why not?


Paper#33710 | Written in 18-Jul-2015

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