Best Value Problem

Review this case carefully and answer the question at the end of the case in detail.

The Defense Commissary Agency (DCA) requests proposals for a contract for commissary services contract on the basis of "best value" to the Government. Five technical evaluation factors are equally important: (1) past performance, (2) staffing - shelf stocking; (3) staffing -custodial function; (4) staffing - receiving and storage function; and (5) project manager/supervisory man hours. The RFP said that price would not be scored, but would be evaluated for realism, to assess the offers understanding of the work, and to determine an offers acceptability and establish the competitive range. The RFP specifically reserved the right to "accept other than the lowest offer."

The contract was awarded to Ace Services, and TSSI protested award ws made on the basis of the "lowest-priced, technically acceptable offer." DCA conceded that "the solicitation inadvertently omitted the language that award would be made to the lowest technically acceptable offer," but says it used a legitimate form of best value determination and there is no problem.

Questions

Is DCA correct?

If there is a problem, what is it? (See Matter of: Technical Support Services, Inc., B-279665.2 (July 8, 1998).

QUESTION 4 donates 2-carbon units during fatty acid synthesis. O acetoacetate O malonyl-CoA O oxaloacetate biotin QUESTION 5 A cell's [NADPH/NADP * ] ratio is very low: what would you expect to happen? O B-oxidation is inhibited ketone body synthesis is inhibited O triglyceride synthesis is inhibited Fatty acid synthesis is inhibitedInstructions: Read the case study below, then answer the questions that follow. Ahmad (19 years old) sent an e-mail to Al-Nahar newspaper, expressing his interest in a 6 months subscription and inquiring about the fees, noting that his home address appeared in the content of the email. The newspaper administration replied by offering him a one-year subscription for the price of 150.000 Lebanese pounds, which includes both a paper copy as well as an electronic one, Ahmad replied by saying that he is ready to contract only if the price is reduced to 100.000 Lebanese pounds. After a few days, Ahmad received an e-mail that contains all the necessary information to access the electronic copy of Al-Nahar newspaper and started to find the hard copy every day on his doorstep. At the end of the year, Al-Nahar administration kept sending the newspaper like usual. After one month, it requested Ahmad to pay the fees of the second-year subscription. However, Ahmad refused to do so, justifying that he was not interested in renewing the contract. The newspaper insisted that the contract is renewed as long as Ahmad did not express his refusal. Ahmad also claimed that the contract is void due to the disequilibrium between the obligations of the parties as he found out that other subscribers had to pay 90.000 Lebanese pounds only. Question number one: (25 marks) Describe from a legal point of view, the steps taken by Ahmad and the newspaper, and clarifying whether they had concluded a contract. Question number two: (25 marks) Explain whether Ahmad must pay the second-year subscription fees. Question number three: (25 marks) Determine the basis on which Ahmad can support his claim about the voidance of the contract due to the disequilibrium between the obligations. List the conditions that should be available for his claim to be accepted. Justify if these conditions are available in this case.QUESTION 13 What are the problematic characteristics of forward contracts that have led to the emergence of futures contracts? QUESTION 14 Why does the risk of default arise in forward contracts? QUESTION 15 What is meant by the liquidity of a forward contract? QUESTION 16 Explain why forward contracts are used primarily for hedging, whereas futures contracts are used primarily for speculation. QUESTION 17 Distinguish between a currency swap and an interest swap.QUESTION 11 If neither party has performed its obligations under a contract when a frustrating event occurs, they are both left Where they were before the contract was formed. 0 True 0 False QUESTION 12 Leslie offered to pay Murray $100 a day to show her dog in an upcoming three-day competition. Murray accepted and showed the young male dog, winning best of breed during each day's competition. Leslie paid Murray $300. What is the present status of their contractual arrangement? O a. The payment of the settlement ended the contract. 0 b. The contract terminated by agreement of the parties. O c. The contract has been terminated by performance. 0 d. The termination of the competition frustrated the contract. QUESTION 13 In which situation might a court be inclined to grant an injunction? Q a. where the contract contains a promise not to engage in specied activities 0 b. where thc court wishes to force a party to complete thcir performancc of the contract 0 c. where the plaintiff is undeserving of damages C) d. where the plaintiff does not have "clean hands" QUESTION 8 Among other things, Genevieve received an award from the court relating to her inability to sleep for 14 months following the collapse of the roof covering a newly built addition to her home. What is the nature of this portion of Genevieve's award? O a. non-pecuniary general damages 0 b. pecuniary expectation damages 0 c. punitive damages For tangible losses 0 d. punitive damages for intangible loss QUESTION 9 Both parties to the original contract must agree to an assignment for it to be enforceable. 0 True 0 False QUESTION 10 Everyone who suffers a breach of contract has a duty to mitigate. 0 True O False