1. Provide a brief description of Contract Administration (CA). What period of time during the contract process is covered by contract administration?...

1.  Provide a brief description of Contract Administration (CA). What period of time during the contract process is covered by contract administration? Ensure that the government obtains the needed work on time and at the level of quality called for by the contract and that the contractor receives proper compensation.

2. There are at least four sources for the rules of contract administration. Statutes and Quasi- judicial decisions (Boards of Contract Appeals) are two of these sources. Please list the other two sources. Statutes and regulations as well as from judicial and quasi-judicial decisions, the analysis of these rules is necessarily legalistic.

3. In establishing an effective working relationship between the contractor and the government there are two essential elements that must be present. Cooperation and mutual respect is one. What is the other element? Good faith

4. The general legal rule requiring that parties exhibit good faith in their dealings is found in Article 1-203 of the Uniform Commercial Code. Give a brief description of:   a. Good Faith; b. Good Faith Performance; and c. Good Faith in Enforcement. (Note: Answer is found in the text.)

 a. Meaning of “good faith” . . . . The phrase “good faith” is used in a variety of contexts, and its meaning varies somewhat with the context. Good faith performance or enforcement of a contract emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party; it excludes a variety of types of conduct characterized as involving “bad faith” because they violate community standards of decency, fairness or reasonableness.

* * *

    d. Good faith performance. Subterfuges and evasions violate the obligation of good faith in performance even though the actor believes his conduct to be justified. But the obligation goes further: bad faith may be overt or may consist of inaction, and fair dealing may require more than honesty. A complete catalogue of types of bad faith is impossible, but the following types are among those which have been recognized in judicial decisions: evasion of the spirit of the bargain, lack of diligence and slacking off, willful rendering of imperfect performance, abuse of a power to specify terms, and interference with or failure to cooperate in the other party’s performance.

    e. Good faith in enforcement. The obligation of good faith and fair dealing extends to the assertion, settlement and litigation of contract claims and defenses. . . . The obligation is violated by dishonest conduct such as conjuring up a pretended dispute, asserting an interpretation contrary to one’s own understanding, or falsification of facts. It also extends to dealing which is candid but unfair, such as taking advantage of the necessitous circumstances of the other party to extort a modification of a contract for the sale of goods without legitimate commercial reason. . . . Other types of violation have been recognized in judicial decisions: harassing demands for assurances of performance, rejection of performance for unstated reasons, willful failure to mitigate damages, and abuse of a power to determine compliance or to terminate the contract. . .

5. Deleted

6. Who is the Government agent with sole authority to legally bind the Government to contracts and contract modifications?

7. What is the process that authorizes a designated official to approve an unauthorized act (such as an unauthorized individual ordering supplies or services from a vendor) and thus bind the Government and obligate it to pay for the supplies or services received? Please state what the process is called and provide a brief definition. Ratify

8. Briefly explain the concept of Estoppel and list the two prerequisites that must be present for this concept to operate against the Government.

9. Briefly state the rule involving the “plain meaning” of a contract term. The meaning of words and other symbol commonly depends on their context; the meaning of other conduct is even more dependent on the circumstances. In interpreting the words and conduct of the parties to a contract, a court seeks to put itself in the position they occupied at the time the contract was made.

10. When a term or provision in a contract is unclear or ambiguous, it is generally construed against the drafter of the document (usually the government in a government contract).    TRUE               FALSE

Briefly state why.

11. Indicate whether the following statements are true or false

           a. The Changes clause is a one-way right of the government. T  F

           b. The Changes clause in Commercial Item Contracts

(FAR Part 12 Contracts) requires agreement of both parties, it is not unilateral. T F

           c. If the change issued by the Contracting Officer entitles the contractor to additional costs or extended delivery time, the contractor does not have to perform the changed contract until a contract modification is negotiated implementing the change.

   T    F

12. If a proposed change to a contract is outside the general scope of the contract, the contractor is required to refuse to perform the contract as changed. T  F

13. If a proposed change to a contract is outside the scope of the contract, what is the proper action for a Contracting Officer to take regarding that change?

14. Generally, the GAO lacks authority to decide matters that fall within the ambit of the contract administration disputes process.

           T                    F

15. What agency or organization is the most important source of decisional guidance on contract administration matters?

16. If a contract provision is required by regulation or policy that is not based on a statute or law, there is a process whereby a government official can grant a waiver and exclude that provision from the contract. This sometimes happens during negotiations when a contractor objects to language or provisions in such a clause.

 What is the rule on granting a waiver of a statutory (i.e. required by law) requirement for a contract?

17. What is the definition of “Contracting Officer” and where in the FAR is it found.

18. What are the two “elements” of a constructive change and briefly describe each element.

19. Disagreements over contract requirements and acceleration of delivery or performance are two of the four “categories” of constructive change. What are the other two “categories” of constructive change?

20. One of the methods whereby a constructive change can occur under a contract is when the government improperly exercises an option under the contract.   Give an example of this type of change.

21. A common type of constructive change on a contract is acceleration of delivery. Briefly describe what is meant by acceleration.

22. Generally, what is the time period that a contractor must assert his right to an equitable adjustment under the contract for:

           a. Supply & Service contracts;

           b. Construction contracts.

23. The notice requirement for changes to a contract only requires that the contractor notify the Contracting Officer that he considers that there has been a change to the contract. The actual request for an equitable adjustment may be submitted later.

           T        F

24. Briefly describe what a notice of a constructive change must contain.

25. If final payment has been made by the government on a contract, what is the general rule concerning equitable adjustments to the contract price?

26. Delays in the progress of the work or the providing of services are common occurrences in government contracts. A key element to an equitable adjustment and/or extended delivery time in event of a delay is that such delay must be beyond the control and without fault or negligence of the contractor.

           T                    F

27. A “sovereign act” of the government may be an acceptable reason for a delay under a government contract. List at least two actions of the government that have been considered a sovereign act constituting delay.

28. A constructive suspension of work occurs when work is stopped without an express order by the Contracting Officer and the government is found to be responsible for the work stoppage. What is the requirement for a contractor to be compensated for this type of work stop?

29. Government employees have absolute personal immunity from suits for monetary compensation unless such suit is based on two exceptions. List those exceptions.

30. Sanctions that may be imposed on government contractors for violation of one or more of the various statutes dealing with standards of conduct are Forfeiture and Cancellation of the contract and Debarment.

           T        F

31. A violation of the Standards of Conduct by a government employee may result in suspension or dismissal from federal service.

           T        F

32. What is the definition of a “claim” for purposes of the False Claims Act?

33. What is the definition of “Conspiracy”?