Question of the Day
The Robinson-Patman Act of 1936 is...
(or Anti-Price Discrimination Act) is a United States federal law that prohibits anticompetitive practices by producers, specifically price discrimination.
There are five types of training that typically occur in an organization. Name 3 of them. Extra credit for all 5. (Hint: they are not seminars, webinars, classroom training, or anything along those lines.)
1. Horizontal Training - AKA cross-training. It is used to diversify and focus on special skills to develop staff. 2. Initial Training - This encompasses a body of knowledge like agency policies and procedures that are required of their position 3. Remedial Training - This is used to improve knowledge and skills of the employees to meet expectations. 4. Retraining - It is used to share revisions to current processes and procedures or to ensure the employee has a firm understanding of their skills. 5. Vertical Training - Used to assist the employee in promotional opportunities by specializing on specific topics in great detail.
You're standing by as a driver opens the back of his delivery truck and prepares to offload several boxes. Name at least five things/issues/scenarios/etc. that you should consider as he sets the first one on the ground.
1. Product damage 2. All product listed on bill of lading being delivered 3. How is the product packaged/palletized to remove from the truck? 4. Who is to remove it from the truck for liability reasons? 5. Is there appropriate equipment or loading dock? 6. Who is responsible for the shipment in the truck versus once it is on the ground?
An entity issues cell phones for its employees. Initially, employees could request a make and model of their choosing. Now the entity purchases several different types of phones to meet employees' requirements. This is causing inefficiencies. What action(s) could be taken to address and correct the inefficiencies?
1. Standardize on a couple models of cell phones for the employees to chose 2. The employer provides a stipend (purchase limit) and the employees purchase the phone of their choice via the supplier
What's the difference between a partial payment and a progress payment?
A progress payment is made to a vendor for work carried out up to a specified stage of the job. The payment made do not guarantee the work will be completed so this is risky to the agency. A partial payment is when the contractor can invoice at times with delivery and acceptance of supplies/services.
1. A governmental agency has a threshold for small purchases of $1000 and three quotes are required above that figure. There has been a steady increase in the number of field purchase orders, along with recent complaints from internal customers about it taking too long to buy what they need. Which of the following actions is most likely to have the biggest impact on reducing costs and saving time in the long run? A. Instituting a procurement card program. B. Raising the small purchase threshold. C. Hiring a new buyer just to handle small purchases. D. Reducing the number of quotes required from three to two.
A. Instituting a procurement card program.
1. A byproduct of centralized purchasing is: A. Seen in product and/or service standardization. B. The minimal use of sole source contracts C. An increased abuse of the system. D. The required use of the life cycle costing method.
A. Seen in product and/or service standardization.
Good negotiated agreements are based on: A. The interests of both parties B. A balance of power C. The positions of both parties D. Good friendships between the parties
A. The interests of both parties
When an award protest is filed with your agency, the procurement professional should A.) Always delay start of the project B.) always start the project since time is of the essence C.) decide whether or not to start the project based on funding source for the project D.) seek judicial decision
A.) Always delay start of the project
An Organizations mission statement should: A.) Express the organizations purpose for existence. B.) Identify roles and responsibilities of key stakeholders C.) Articulate the goals & objectives of the organization. D.) Communicate particular organizational strategies for success.
A.) Express the organizations purpose for existence.
A governmental agency has a threshold for all small purchases of $1,000 and three quotes are required above that figure. There has been a steady increase in the number of field purchase orders, along with recent complaints from internal customers about it taking too long to buy what they need. Which of the following actions is most likely to have the biggest impact on reducing costs and saving time in the long run? A.) Instituting a purchasing card program B.) Raising the small purchase threshold C.) Hiring a new buyer just to handle small purchases D.) Reducing the number
A.) Instituting a purchasing card program
Best and Final Offer (BAFO) A.) Is always requested as a result of the bid process B.) Allows for a price change after the receipt of the proposal C.) Allows for a price change from only the apparent low bidder D.) Allows for a price change based on a tie bid
A.) Is always requested as a result of the bid process
A governmental entitiy must replace a piece of equipment. It is the middle of the fiscal year and there are no capital funds appropriated for the equipment. Which of the following would genreally not be an option for the entity? A.) Issue a purchase order now, knowing that the new equipment will not be delivered until the next fiscal year when capital funds will be available. B.) lease the quipment with a purchase option using current operating funds to make thelease payments. C.) Borrow funds through the governmental agency pooled investment fund and buy the equipment D.) purchase used equipment at a much lower price because it would be below the capital expense limit.
A.) Issue a purchase order now, knowing that the new equipment will not be delivered until the next fiscal year when capital funds will be available.
In haste to meet the bid closing date and time the supplier forgot to sign the suppliers bid signature document that accompanied the solicitation. The buyer can generally accept the suppliers bid without a signature when: A.) The failure to sign is an obvious oversight B.) the bidder has demonstrated good performance on previously awarded contracts C.) There was insufficient time for the bidder to respond D.) The bidder is not on the debarred vendor list.
A.) The failure to sign is an obvious oversight
It is believed that an underground oil storage tank on school property may have sprung a leak. Since the school has been consuming considerably more oil than normal this year, the leak may be the cause e of the increased usage. The oil leak may also contaminate the schools nearby fresh water drinking supply well. Remedial action is required. How should the school purchasing agent approach this situation in acquiring the services of a qualified contractor? A.) Use the request for proposal method B.) Use the competitive sealed public bidding method C.) Use the informal competitive quotation method D.) Use the time and materials contract method
A.) Use the request for proposal method
What is Administrative Law?
Administrative Law - 1. Law based on custom and usage, or confirmed by court decisions, rather than law created by the enactment of legislative bodies. 2. The body of law created by court decisions rendered by judges; also known as case law or judicial law. 3. Principles and rules by which rights and obligations in commercial transactions are determined, found in the Uniform Commercial Code (2) business law
In a negotiation meeting, you notice that the contractor's proposed project manager starts to frown each time the topic of milestones is talked about. What should you do? A. Assume that the proposed milestones are too aggressive. B. Ask the contractor if he can meet the proposed milestones. C. Offer to change the milestones. D. Mention that the milestones are not negotiable.
B. Ask the contractor if he can meet the proposed milestones.
Five (5) days after posting a Notice of Intent to Award, a protest is received from another responder who states that his proposal is the best value for the agency. The protester provides comprehensive, detailed information to support his position and requests that the intended award be set aside. What should be your first step in handling the protest? A. Withdraw the Notice of Intent to Award until the protest is resolved B. Confirm that the protest was received within the timeline for filing C. Allow the protester to clarify his/her best value proposal D. Convene the evaluation committee to reconsider the recommendation of award
B. Confirm that the protest was received within the timeline for filing
A buyer has been working on a solicitation for several days. Now the end users have requested that the buyer mail the bid only to local vendors. How should the buyer respond to this request? A. Add language to the bid that only local vendors can submit proposals B. Explain that agency procedures require that all bids be electronically posted to allow for open and fair competition C. Explain that he can only put "Buy America" language in bid specifications D. State that the WTO requires the agency to support the NAFTA program
B. Explain that agency procedures require that all bids be electronically posted to allow for open and fair competition
A buyer has been working on a solicitation for several days. Now the end users have requested that the buyer mail the bid only to local vendors. How should the buyer respond to this request? A. Add language to the bid that only local vendors can submit proposals B. Explain that agency procedures require that all bids be electronically posted to allow for open and fair competition C. Explain that he can only put "Buy America" language in bid specifications D. State that the WTO requires the agency to support the NAFTA program
B. Explain that agency procedures require that all bids be electronically posted to allow for open and fair competition.
A university is prepared to sign a contract to add 10 classrooms for a new program. Registration for the program will begin in 9 months if the project is completed on time and 6 months if the contractor completes the project early. During the negotiations, the university offered the contractor an additional $50,000 to complete the project in six months. What type of contract pricing is the university using? A. Fixed-price with redetermination B. Fixed-price incentive C. Cost sharing D. Cost plus fixed fee
B. Fixed-price incentive
Although extensive planning may have taken place for a strategic plan, sometimes these plans can fail. Which of the following is a reason that might be the cause of a strategic plan failure? A. The strategy was defined correctly B. Goals were not stated in clear quantifiable terms C. Strong commitment to planning D. Reliance on forward thinking
B. Goals were not stated in clear quantifiable terms
Which is a true statement about Life Cycle Costing? A. Done correctly, will result in a lower acquisition price B. Is synonymous with the total cost of ownership C. Includes operating and maintenance costs but does not reflect disposal costs D. Focuses on maintenance costs
B. Is synonymous with the total cost of ownership
1. Central Procurement advises management and user agencies on the following staff function(s): A. Budget preparation B. New policies, regulations or any legislation necessary to facilitate the purchasing function C. Purchasing and source selection D. Contract clauses
B. New policies, regulations or any legislation necessary to facilitate the purchasing function
Sole source, single source and emergency procurements are examples of: A. The best ways of procuring goods and services. B. Non-competitive methods of procuring goods and services. C. Unauthorized procurement methods. D. Procurement methods of questionable value
B. Non-competitive methods of procuring goods and services.
Sole source, single source and emergency procurements are examples of: A. The best ways of procuring goods and services. B. Non-competitive methods of procuring goods and services. C. Unauthorized procurement methods. D. Procurement methods of questionable value.
B. Non-competitive.
A supply contract has been awarded to the same contractor who has won this contract in the past. The Project Manager vigorously opposed this award, stating that the contractor did not perform satisfactorily on past contracts. When the Contract Administrator asked for the Project Manager's records to support his statements, the Project Manager could not produce them. What should the Project Manager use to avoid a repeat of this problem on the new contract? A. Contract Administration Plan B. Performance Assessment Plan C. Contract Closeout Checklist D. Surveillance Techniques
B. Performance Assessment Plan - This will provide detailed and measureable performance actions that must be met by the contractor. The findings will be submitted to CAP.
Value analysis is the effort to analyze the function of systems, products, specifications, standards, practices and procedures to: A. Validate and ensure that the low bid is the best bid. B. Satisfy the required function most economically. C. Encourage procurement stay abreast of the market and surveys. D. Centralize the purchasing function.
B. Satisfy the required function most economically.
Why is the Request for Proposal (RFP) process often perceived as problematic by an agency's leadership? A. The award decision is very quantifiable. B. The award decision is based on qualitative variables. C. The price is rarely known on award. D. The outcome of the RFP process is difficult to justify
B. The award decision is based on qualitative variables.
A governmental agency processed a purchase requisition for the purchase of direct-read water meters. Which fund should a purchasing agent check to confirm that the money was available for purchase A.) Fiduciary Fund B.) Capital Fund C.) Operating Fund D.) Sebt Service Fund
B.) Capital Fund
An agency is looking into cooperative purchasing practives after condiction some analysis, the agency would like to "piggyback" its purchases with other agencies that are participating in cooperative purchasing. When using a 'piggyback' method, what would the arrangement be called. A.) Cooperative solicitation B.) Cooperative Contract C.) Cooperative organization D.) Piggyback RFP
B.) Cooperative Contract
A buyer is asked to conduct a review and evaluation of cost data in order to determine actual costs or estimates of costs to be incurred. This process is known as: A.) Cost Containment B.) Cost Analysis C.) Cost breakdown D.) Cost Adjustment
B.) Cost Analysis
An agency manager submitted a request for a five-year lease on a special tractor that he plans to modify and use for raking the beach during the summer. He has money in budget to cover the cost of the lease. Whats the most important thing to consider before going forward with the leasing process? A.) The monthly cost of the lease may go up in the second year if it is not priced into the orginal lease agreement B.) Many lease agreements will not permit modifications of any kind to the leased equipment C.) Check the lease agreement for cancellation provisions D.) This decision is not a function of procurement and should be made by the user department
B.) Many lease agreements will not permit modifications of any kind to the leased equipment
A governmental agency has a non-competition threshold that says any purchase below $5,000.00 does not require compeition. Over a three month period a requesting user has asked on 3 seperate occasions to directly purchase without competition, products needed by the agency. On each occasion the value of the purchase was approx. $4,500. What should the buyer do? A.) Point out the repetive nature of the orders B.) Remind the requestor of the code restrictions on fragmenting orders C.) extend the purchase order D.) ask a peer to place the order
B.) Remind the requestor of the code restrictions on fragmenting orders
A public official met with a general contractor for a large construction company. The official shared the details of a new school soon to be built in the agency's geographical area. As they walked out the door the public official told the contractor 9off the record) that the supplier could be a contractor on the project. What impact does this assurance have on the agency? A.) The contractor is obligated to respond to a solicitation posted by the agency B.) The agency is at risk for a protest after the award C.) The contractor is at risk for participating in the conversation D.) The agency is obligated to remove the contractor from the qualified suppliers list.
B.) The agency is at risk for a protest after the award
The buyer has been working closely with the department of public works director to acquire a new piece of proprietary software needed to upgrade the waste water treatment plant operating equipment. When purchasing this software what would be the most appropriate method of acquisition? A.) Develop and issue a formal competitive bid solicitation B.) The contract should be negotiated with the vendor C.) The informal competitive bid method should be used D.) A formal request for proposal method should be used
B.) The contract should be negotiated with the vendor
Over the last six years a senior buyer has been responsible for soliciting bids and making awards for the purchase of milk for each of the twelve school disctricts. Although he has solicited more than four different milk providers during this time a well known supplier is the only one that provides a bid response and the bid prices increase by 1.5% each year. Based on this pattern of bidding the buyer needs to take the following action. A.) stop sending ifbs to the well known supplier B.) contact all other bidders to determine why they did not bid C.) report the well known supplier to the state auditors for voilation of anticompetition laws D.) report the well known supplier to the state inspector general for violation of anti competition laws
B.) contact all other bidders to determine why they did not bid
Upon Receipt of a purchase req for a small buy commodity, the first step the buyer would normally take would be to: A.) Issue a solicitation, as appropriate to the dollar threshold established by the entity B.) determine if the item is available surplus stock C.) determine if there are other requiremnets with the invitation to bid that could be combined for a larger quanitity. D.) solicit at least three quotes from valid sources
B.) determine if the item is available surplus stock
An agency is revising its document retention schedule. To what should the governmental entity look for guidance? A.) The Federal Acquisition Requirements B.)Legal or statutory requirements C.) The Universal commercial Code D.) Common Law
B.)Legal or statutory requirements
A type of contract modification that must be approved by both parties. A. Bipartisan B. Parol evidence C. Bilateral D. Severability
C. Bilateral
Careless County recently lost an important court case in the State Supreme Court. The court decision will now impact every county in the state and the decision may be used to argue other cases as well in other jurisdictions in the future. The type of law developed through court case decisions is known as: A. Administrative Law B. Statutory Law C. Common Law D. Contract Enforcement Law
C. Common Law
Communication between and buyers and vendors: A. Is best done at the vendors work site. B. Is exclusively accomplished by face to face meetings. C. Is greatly enhanced by computerized communication applications. D. Is compromised by email and electronic forms.
C. Is greatly enhanced by computerized communication applications.
Communication between and buyers and vendors: A. Is best done at the vendors work site. B. Is exclusively accomplished by face to face meetings. C. Is greatly enhanced by computerized communication applications. D. Is compromised by email and electronic forms.
C. Is greatly enhanced by computerized communication applications.
1. The City just finished negotiations on a $35,000,000 contract for software implementation services. It is expected that it will take three years for the software to be completely installed and accepted. What type of payment mechanism would be the most appropriate? A. Progress payments B. Partial payments C. Milestone payments D. Completion payments
C. Milestone payments Less risk for the agency; ties payments to successful completion of predetermined work; fancy for of progress payment
The City just finished negotiations on a $35,000,000 contract for software implementation services. It is expected that it will take three years for the software to be completely installed and accepted. What type of payment mechanism would be the most appropriate? A. Progress payments B. Partial payments C. Milestone payments D. Completion payments
C. Milestone payments - It supports the vendor to remain motivated and focused on the timeline and the progressive steps towards completion.
Price fixing, bid rigging and restraints of trade are prohibited by this federal act. A. Federal Trade Commission B. Adam Clayton Powell Act C. Sherman Anti-Trust Act D. Robinson-Patman Act
C. Sherman Anti-Trust Act
1. If considering contract termination, the agency should first: A. Take punitive action against the contractor. B. Stop accepting delivered products or services offered by the contractor. C. Start a file that documents the conflicts. D. Notify the authorities.
C. Start a file that documents the conflicts.
If considering contract termination, the agency should first: A. Take punitive action against the contractor. B. Stop accepting delivered products or services offered by the contractor. C. Start a file that documents the conflicts. D. Notify the authorities
C. Start a file that documents the conflicts.
If considering contract termination, the agency should first: A. Take punitive action against the contractor. B. Stop accepting delivered products or services offered by the contractor. C. Start a file that documents the conflicts. D. Notify the authorities.
C. Start a file that documents the conflicts.
In a typical product acquisition, when does the risk of loss pass to the purchaser? A.) At the suppliers loading dock when loaded onto the freight carrier B.) At the purchasers unloading dock when offloaded and formally received by the purchasing agent. C.) At the time specified in the FOB terms D.) At the time of purchase
C.) At the time specified in the FOB terms
A governmental agency has recently acquired a piece of property on which an old hotel of no notable historical significance sits. The city manager wants to perfom construction on the site. A local preservation group, however has made some overtures that they will oppose the governmental agency plan to demolish the hotel. The city manager has asked the purchasing department to handle the presevation groups concerns. How should the dept. proceed? A.) Refer them to the editor of the local newspaper B.) Do not respond to thier communications this is not an area affecting procurement. C.) Notify upper management and recommend a meeting with the groups leader to discuss thier concerns D.) write a letter to the group telling them that their objections will be factored into the decision
C.) Notify upper management and recommend a meeting with the groups leader to discuss thier concerns
A governmental agency has issued a purchase requisition to acquire software for its finance department. Immediately upon recieving the req, the buyer should do all of the following EXCEPT which task? A.) Review the req for completeness and approval authorizations B.) understand what product is required by the department C.) call the recommended vendor for prices D.) review the requisition for copliance to policy and standards
C.) call the recommended vendor for prices
Which of the following statements best describes a brand name specification? A.) Establishes the qualified products list (QPL) characteristics in significant details that an item must possess B.) sets forth the capabilities and performance characteristics C.) describes the standard of quality and performance with a unique qualifier D.) describes all physical and function characteristics of a commercial standard specification
C.) describes the standard of quality and performance with a unique qualifier
In todays economic and political environments, what is the MOST effective structure for governmental purchasing agencies A.) Providing a completely centralized workforce B.)Delegating unwanted responsibilities to using agencies C.) estabilsh a combination of centralized and decentralized operations D.) establishing an ad hoc decentralized process
C.) estabilsh a combination of centralized and decentralized operations
What is Contract Enforcement Law?
Contract Enforcement Law - An agreement creating obligations enforceable by law. The basic elements of a contract are mutual assent, consideration, capacity, and legality. In some states, the element of consideration can be satisfied by a valid substitute. Possible remedies for breach of contract include general damages, consequential damages, reliance damages, and specific performance.
Article 2 of the UCC is often considered to be the most important section to the public procurement official because it: A. Provides guidance for contract interpretations. B. Establishes life cycle costing formulas. C. Governs contracts for the sale of services. D. Governs contracts for the sale of goods.
D. Governs contracts for the sale of goods
What is the purpose of a Cost Analysis? A. Compares each price quoted the entity as a result of the bid process B. Is an attempt to project reasonable cost in a cost benefit analysis C. Assists the buyer in determining the lowest responsible bidder D. Is a review and evaluation of the suppliers' actual or anticipated cost data
D. Is a review and evaluation of the suppliers' actual or anticipated cost data
A procurement profile: A.) Includes the suppliers name, address and list of all current contracts issued by the government agency B.) Allows the government agency to evaluate how the agency should be allocatings its resources C.) Should reflect at minimum, ten years of procurement history and records. D.) Can be used to determine the impact of the expenditure patterns within a supply market
D.) Can be used to determine the impact of the expenditure patterns within a supply market
A communications director, procurement specialist and budget specialist have akk been added to an acquisition planning team to procure a new countywide communications system. In addition to the team already assembled, which of the following would not be included on this acquisition planning team A.) police dispatch supervisor B.) Fleet Manager C.) County Manager D.) County Chief property tax assessor
D.) County Chief property tax assessor
A buyer is charged with purchasing diesel fuel for the transit system. What type of study should be conducted to determine how best to make this purchase? A.) Value analysis B.) Vendor Selection C.) Demand analysis D.) Market Analysis
D.) Market Analysis
The government agency is changing its performance measures from primarily cost related measures to value-added benefits. To implement this change, the agency would want to consider all of the following steps EXCEPT? A.) Assess the talents and skills of the staff and encourage them to take leadership roles to implement specific changes. B.)align the strengths of the staff with the new projects and workloads C.) cross train team members to avoid gaps in the operation D.) plan the change in detail so that it can be implemented in a 30- day period
D.) plan the change in detail so that it can be implemented in a 30- day period
Provide an example of something that has changed in the public procurement world in the past 5-10 years and describe the impact, either positive or negative.
Electronic approval routing - Gone are the days of papers being passed around to get the "correct" signature to eventually make it to purchasing. This has sped up procurement process by weeks at certain times. No more getting lost on someone's desk or in interoffice mail. On the other hand, it is one more email. Overall, it is a wonderful improvement! EDI with vendors -Forms getting faxed to vendors so that they may key in the orders. This is great for the vendors to have the orders dumped into their systems. For buyers, the data entry sits with us to ensure accuracy. Definitely a positive in the procurement world. We have a faster turnaround on order placement, confirmations, and orders getting to us.
The mission of an RFP evaluation committee is multifaceted. Name at least three things that they are required to do.
Ethics: Be transparent Have no conflict of interest Follow any laws, policies, and procedures that may pertain Process: Not disclosing any information during the process to potential suppliers Ensure all documents received are time & date stamped and put in a secure location Verify that all RFP are compliant per the requirements (procedural compliance & technical compliance) Use a consistent approach when scoring Ensure costs are accurate and arithmetic errors are not present Ensure the process is conducted properly (should meet prior to the process beginning)
A warranty given orally or in writing is known as an _____________________________.
Express Warranty
A warranty that exists because of an elaborate brochure found in the box when it was opened is known as an ____________________________.
Express Warranty
A warranty that exists because the vendor provided the agency with a sample is known as an _________________________________.
Express Warranty
What is a standardization program and/or what does it mean? Give an example.
I lead a standardization program. It is where an entity moves from using different products to a single or group of products. My example is furniture standardization with a past employer. We were purchasing 3 types of furniture. One for our hospital, one for the clinics, and one for administration. This furniture was heavy and often broke during office moves. Many pieces did not fit in the appropriate spaces as non-income generating workspace began to shrink. After completing a cost savings analysis and several other types of reports and graphs, we were able to move to a single line of furniture that was able to store and transport flat, individual pieces could be replaced, and they fit all areas of our health district - office, clinical, administrative, education, etc. As we brought up new spaces within the organization, the new furniture was transitioned in. This program reduced the initial cost of new furniture, but also allowed for mobility, transforming areas into unplanned future spaces, and it took less manpower to order and set-up.
A warranty (full name) that exists because an agency relied on the vendor's knowledge of the agency's exact needs is known as an __________________________________.
Implied Warranty of Fitness for a Particular Purpose
A warranty (full name) that exists because a vendor sells goods that meet some industry standard is known as an _________________________________.
Implied Warranty of Merchantability
What is meant by the phrase, "it doesn't pass the newspaper test?"
It's a quick ethics test. It is all about transparency. Can you company convey their performance measures to stakeholders? Would your company's or even your performance (every aspect) be ready to be highlighted on the front page of the top newspapers or on social media?
Name five things that are commonly found on a purchase requisition.
Item Description Quantity Part/Mfg # Vendor Name Buyer/Company Name Accounting codes Justification Contract # Ship To
Agreement by both parties to a contract. _______________ must be proven objectively, and is often established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed by an acceptance of that offer).
Mutual assent
There are 6 required elements of a contract. List three of them and what they mean.
Offer- A solicitation reply that would obligate the bidder to fulfill what was submitted, only if accepted. Acceptance - All parties agree to the contract and its terms. Consideration - A commitment or promise exchanged by both parties which is used to bind a contract. Mutuality of Obligation - All parties or none of the parties are obligated to the agreement. Contractual Capacity - Law must recognize both parties as possessing characteristics that qualify them as competent parties. Written Instrument -
What is outsourcing? Name something good and/or bad about it.
Outsourcing is when a private company is hired to do a job, instead of doing it in house (within the agency or company.) It not limited to the public sector. a. Advantages: b. Allows for quick response without all the rules & regs of government c. Allows for cutting edge expertise without directly hiring or developing it d. Allows for 'using' expensive equipment/buildings etc for the job and not permanently buying it. e. Challenges: f. Monitoring for exact results. g. Security/intelligent issues can be hard to tackle.
1 Telling a contractor what is an expected outcome and leaving the how-to up to them is the basis of: A. Managed competition B. Make-or-buy decision C. Performance Contracting D. Competitive Sealed Bidding
Performance Contracting - Results-oriented method that focuses on the outcome or quality. Typically, it is tied to payment or contract length based on measureable performance requirements (% of completion, hitting timeline goals, etc.)
What is Statutory Law?
Statutory Law - The written law established by enactments of government, expressing the will of the legislature. A statute is the written law as opposed to common law, which is unwritten law. Statutes are written at all levels of government.
You've just posted/announced the award of a solicitation. Governing body approval is pending and someone calls/writes/emails to protest. Walk me through the steps to resolve the issue.
The protesting party usually must respond and actually file the protest in writing, and within the designated time frame. The actual requirements should be part of the original solicitation, the award, or in some location readily defined to everyone as part of the solicitation process.. The protest should generally be to the Contracting Officer or Chief Procurement Officer - whomever the agency has appointed to resolve disputes. If the protest is to the wrong party, or not within designated timelines, it might fail without further recourse or agency actions. The protest should clearly articulate what was perceived as the agency error in evaluating and awarding the contract. Favoritism, flawed decision making, non-conformance to internal procedures, etc. The Reviewing party will review the protest, and make a decision as to the merits of the protest. Agency legal office will probably be involved to ensure any issues for litigation are addressed in the response. The agency may have some sort of informal process (calls, emails, or other communications means), supplementing or in addition to a formal written process. Depending on the agency, the Reviewing Party may have final decision authority, or there may be a subsequent appeal and further review process, which may extend up to the agency CEO (or equivalent). Each agency should articulate at what level the decision rendered back to the protesting party is "final". Legal options may also still exist outside the protestations process - taking the agency to court.
Often the exact same line item within a budget is called by some people an obvious turkey. While others claim it is an excellent local project to promote the economy, increase jobs and better the quality of people's lives. Why can that be so?
When the project is within your district, state, region or county, it is an excellent local project to promote the economy. When it is in "the other guy's" district or state it is a turkey.
An entity issues cell phones for its employees. Initially, employees could request a make and model of their choosing. Now the entity purchases several different types of phones to meet employees' requirements. This is causing inefficiencies. What action(s) could be taken to address and correct the inefficiencies?
Without knowing why the entity changed their procedure, my recommendation would be to have a standard group of phones for the customer to choose from. To reduce inventory problems due to technology changing so fast, I would not purchase the phones ahead of time. This should reduce the amount of time obtaining a phone for the employee. An example would be to give us a choice to buy a standard phone or provide an acceptable monthly reimbursement for the cellular service if we wanted to use a phone of our preference or our personal phones
The Federal Trade Commission Act of 1914 was
established the Federal Trade Commission. The Act, signed into law by Woodrow Wilson in 1913, outlaws unfair methods of competition and outlaws unfair acts or practices that affect commerce.
The Sherman Antitrust Act of 1890 was...
the first Federal act that outlawed monopolistic business practices. The Sherman Antitrust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts.
It's been said that an ounce of prevention is worth a pound of cure. Name three actions that we might take, either pre or post contract award, to prevent the need to issue a cure notice.
• Ensure the Statement of Work is clear, precise, complete, and concise. Ensure it includes the requirements that must be met - tasks, location, deliverables, specific dates, performance, etc. • Review your terms and conditions to ensure you are up-to-date and the apparent successful bidder has signed them • Performance Based Contracting • During the evaluation process ensure that the potential suppliers are reviewed by a qualified panel
