FINAL EXAM Spring 2016 ASCM 627 INSTRUCTIONS - PLEASE READ THEM The first ten questions are true/false and are worth one point each. Questions 11 through 24 are worth 5 points each and you should be able to answer them in a single word or phrase or in one or two sentences at most. Basically they are not essay questions. Questions 25 and 26 are worth 10 points each. Some of the questions are multiple choice; some of the choices run to the next page. Don't miss them. The two final questions (##25 and 26) are based on their respective scenarios and require some analysis. In other words, the reasons you give for your answer are just as important as the answer itself. If your analysis is on point, you will get some (maybe complete) credit even if I don't agree with your answer. You may, if you wish, add some of your own facts to the scenario to provide additional elements to the analysis. For the two final questions, your answers should be concise (no greater than 250 words per answer), specific, and to-the-point. APA format is not required. You may use the text books, the additional course materials, my comments in the conferences and other references to answer any of the questions. You can use pretty much any source except other people. Let me repeat: Please read the questions carefully. For example, if I'm asking you to identify an action required by a statute, don't give me the name of the statute. If I ask for a statute, do not give me a regulation. For those questions that cross reference each other, use both questions and the relationship between them to help you get the right answer. If you have technical or procedural questions about the test, email me or post a question in the Q&A Discussion Forum. This final exam file must be renamed (with your name as part of the file name) and posted to your Assignments folder no later than Sunday, August 7, at 11:59p.m.. There are no exceptions to the final exam deadline date and time, so be sure to double check that you have correctly posted the correct final exam to your Assignments folder. [I don't have any control over the due date; that's the last day of the semester.] NAME: [Enter Your Name Here] FINAL EXAM 1. Transparency is a type of authority given to agents by their principal. ____ True ____ False Page 1 Summer 2016 2. Texas is the only state that has not adopted Article 2 of the Uniform Commercial Code. ____ True ____ False 3. When you make an \"offer\" you are always proposing to sell something; when you \"accept\" an offer you are always agreeing to buy something. ____ True ____ False 4. The Statute of Frauds as interpreted by the UCC Article 2 requires contracts for services for more than a month 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. Historically in our common law tradition (at least up to the mid-20 th century), acceptance of an offer (in order form an agreement) 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 legal subject matter and is based on mutual consideration. ____ True ____ False 9. Although there are exceptions, full and open competition is a key, over-riding policy applicable to all methods of procurement of goods and services by the US federal government. ____ True ____ False Page 2 Summer 2016 10. The statute that implements the policy identified in Question #9 is the Freedom of Information Act. ____ True ____ False 11. Give the common name of the U.S. federal law, originally passed in the 1800's, that, among other things, imposes criminal sanctions for agreements in restraint of trade and for misuse of monopoly power. ______________________________________________________ 12. ABC Corporation sends XYZ Ltd. a purchase order for $100,000 worth of goat cheese. The purchase order contains numerous terms and conditions. XYZ sends ABC an acknowledgment form with XYZ's terms and conditions. XYZ's form provides for arbitration if there is a dispute, and limits XYZ's liability to $50,000. As a result, the parties' terms and conditions conflict. This is a two part question. What is the common legal term for this situation? ___________________________________ Assuming both ABC and XYZ are located in Maryland, what section of the UCC can provide an answer to what terms apply (generic UCC citation is enough): ________________________ 13. The Contracts Disputes Act specifies several forums (i.e., courts) to which a contractor can take a claim arising from the performance of a US Government contract the contractor already holds. Name the two forums in which a contractor can choose to start litigation against the Government after the claim has been denied by the Contracting Officer. a. _____________________________________ b. _____________________________________ 14. What action must a government contractor always take before taking a contract dispute over $100,000 to either of the judicial forums identified in Question 13? a. Send the claim via email. b. Notarize the claim. c. Certify the claim as required by the FAR. d. Send the claim by registered mail. e. None of the above. 15. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest? a. ___________________________ Page 3 Summer 2016 b. ___________________________ 16. Under the FAR, there are a number of cost-reimbursement type contracts that a contracting officer can legally use. Name two. ___________________________ ___________________________ 17. For the State of Maryland, research the organization of that state's courts and the federal courts that cover the state. Then provide the following answers: a. The name of Maryland's highest state court: ________________________________ b. The name of the federal trial court \"covering\" Baltimore - be specific (but I'm not looking for the name of the court house): _____________________________________ c. The number designation of the US Circuit Court of Appeals covering Maryland: _____ 18. Using LexisNexis, find Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc., 200 F.3d 307 (5th Cir. 2000). Based on your understanding of legal citation and a quick review of the case (1 point for each answer): a. In the case citation, what does the \"200\" represent? _______ b. What is the \"5th Cir.\"? _______________________________ c. Specify the name of the name of the judge who wrote the opinion. ____________ d. What primary federal law does the case fall under? ________________________ e. What does the court decide relative to the Plaintiffs' claims under that federal law? ______________________________________________________________________ 19. You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case for breach of contract in the Federal District Court, Eastern District of Massachusetts, against Not So Big LLC (NSBL) was decided in NSBL's favor. To what court do you now appeal? a. Massachusetts Supreme Judicial Court b. US Supreme Court c. 25th Court of Appeals, Alaska Page 4 Summer 2016 d. 1st Circuit Court of Appeals e. None of the above. 20. Aside from ethical considerations, as a government contracting officer or a government contractor employee, you are legally obligated to avoid improperly releasing or obtaining \"contractor bid or proposal information\" or \"source selection information.\" Name the federal statute that imposes severe penalties with regard to these issues. _____________________________________ 21. Blueman Group is working on a contract to buy its own theater in Las Vegas from Elmer Fudd, a not-so-well known Las Vegas property owner. Elmer Fudd has asked $5 Million for the property. Blueman Group's lawyer has made an offer of $2.5 Million. So far, you know no contract yet exists because of one of the key element of a contract is missing. That element is: a. Offer b. Counteroffer c. Consideration d. Acceptance e. None of the above. 22. (a) What is the regulatory definition of \"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.) (b) What is the name of the statute that requires (under some circumstances) that an offeror or contractor provide the government with certified \"cost or pricing data\"? [Note: this is a two part question.] a. Definition: ________________________________________________________ b. Statute: __________________________________________________________ 23. US Government Contracting Officers are specifically appointed as agents for the Government. What is the manner in which Contracting Officers receive such power? a. A certificate of appointment or warrant b. A letter c. A phone call d. An email Page 5 Summer 2016 e. None of the above. 24. This is a multipart question. The Federal Acquisition Regulation actually explicitly applies the law of contracts that we have been studying to the simplified acquisition process. Using that policy direction, which step is considered the offer: a. the vendor's quotation, or b. the order issued by the Government. What step is required to form a binding contract? ________________________________ What is the CFR reference for this policy? _________________________________ 25. Buyer Bobbie Sue and Seller Billy Bob are disputing the delivery of products called for under their contract. Bobbie Sue says that the products that she pre-paid for do not conform to the requirements of the contract, but Billy Bob refuses to refund the payment or replace the products. Bobbie Sue and Billy Bob have tried to work out their differences through negotiation, but cannot come to an agreement. This has resulted in a contract dispute. Briefly explain the dispute resolution options available to Bobbie Sue and Billy Bob to avoid litigation, and the primary benefits of each option. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 26. Scenario: Joe wants to do some radio advertising for his acupuncture and tax preparation business. Joe talks on the phone to a sales representative from WTOP. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says \"Let's move forward with this 8-week run at $9600.\" [PS: This is an actual case (with names changed) discussed on \"Solosez,\" the ABA listserv for solo attorneys.] Two part question; don't miss part 2 below. Your questions: Has an enforceable contract been formed? If not, why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation? _________________________________________________________________________ So the radio spots start, but after week two all the talk on Twitter is that Joe's business must be a joke. Joe is appalled and wants to cancel the ad campaign. Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station's rights? _________________________________________________________________________ Page 6 Summer 2016 =============== End of Exam - Congratulations! =============== Page 7 Summer 2016 FINAL EXAM Spring 2016 ASCM 627 INSTRUCTIONS - PLEASE READ THEM The first ten questions are true/false and are worth one point each. Questions 11 through 24 are worth 5 points each and you should be able to answer them in a single word or phrase or in one or two sentences at most. Basically they are not essay questions. Questions 25 and 26 are worth 10 points each. Some of the questions are multiple choice; some of the choices run to the next page. Don't miss them. The two final questions (##25 and 26) are based on their respective scenarios and require some analysis. In other words, the reasons you give for your answer are just as important as the answer itself. If your analysis is on point, you will get some (maybe complete) credit even if I don't agree with your answer. You may, if you wish, add some of your own facts to the scenario to provide additional elements to the analysis. For the two final questions, your answers should be concise (no greater than 250 words per answer), specific, and to-the-point. APA format is not required. You may use the text books, the additional course materials, my comments in the conferences and other references to answer any of the questions. You can use pretty much any source except other people. Page 1 Summer 2016 Let me repeat: Please read the questions carefully. For example, if I'm asking you to identify an action required by a statute, don't give me the name of the statute. If I ask for a statute, do not give me a regulation. For those questions that cross reference each other, use both questions and the relationship between them to help you get the right answer. If you have technical or procedural questions about the test, email me or post a question in the Q&A Discussion Forum. This final exam file must be renamed (with your name as part of the file name) and posted to your Assignments folder no later than Sunday, August 7, at 11:59p.m.. There are no exceptions to the final exam deadline date and time, so be sure to double check that you have correctly posted the correct final exam to your Assignments folder. [I don't have any control over the due date; that's the last day of the semester.] NAME: [Enter Your Name Here] FINAL EXAM Transparency is a type of authority given to agents by their principal. ____ True Page 2 Summer 2016 ____ False Texas is the only state that has not adopted Article 2 of the Uniform Commercial Code. ____ True ____ False When you make an \"offer\" you are always proposing to sell something; when you \"accept\" an offer you are always agreeing to buy something. ____ True ____ False The Statute of Frauds as interpreted by the UCC Article 2 requires contracts for services for more than a month to be in writing. ____ True ____ False In most states, acceptance of an offer by sending the acceptance by mail is effective when mailed. ____ True ____ False Page 3 Summer 2016 Historically in our common law tradition (at least up to the mid-20 th century), acceptance of an offer (in order form an agreement) had to exactly mirror the offer. ____ True ____ False The two elements that make up an agreement are an offer and a counter-offer. ____ True ____ False To have an enforceable contract, there must be an agreement between capable parties that relates to legal subject matter and is based on mutual consideration. ____ True ____ False Although there are exceptions, full and open competition is a key, over-riding policy applicable to all methods of procurement of goods and services by the US federal government. ____ True ____ False Page 4 Summer 2016 The statute that implements the policy identified in Question #9 is the Freedom of Information Act. ____ True ____ False Give the common name of the U.S. federal law, originally passed in the 1800's, that, among other things, imposes criminal sanctions for agreements in restraint of trade and for misuse of monopoly power. ____________ The Sherman Antitrust Act (Sherman __________________________________________ ABC Corporation sends XYZ Ltd. a purchase order for $100,000 worth of goat cheese. The purchase order contains numerous terms and conditions. XYZ sends ABC an acknowledgment form with XYZ's terms and conditions. XYZ's form provides for arbitration if there is a dispute, and limits XYZ's liability to $50,000. As a result, the parties' terms and conditions conflict. This is a two part question. What is the common legal term for this situation? ___________________________________ Assuming both ABC and XYZ are located in Maryland, what section of the UCC can provide an answer to what terms apply (generic UCC citation is enough): ________________________ The Contracts Disputes Act specifies several forums (i.e., courts) to which a contractor can take a claim arising from the performance of a US Government contract the contractor already holds. Name the two forums in which a contractor can choose to start litigation against the Government after the claim has been denied by the Contracting Officer. a. _____________________________________ b. _____________________________________ Page 5 Summer 2016 What action must a government contractor always take before taking a contract dispute over $100,000 to either of the judicial forums identified in Question 13? a. Send the claim via email. b. Notarize the claim. c. Certify the claim as required by the FAR. d. Send the claim by registered mail. e. None of the above. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest? ____________federal court_______________ ____________ filing a bid protest with GAO_______________ Under the FAR, there are a number of cost-reimbursement type contracts that a contracting officer can legally use. Name two. ____________costs contract_______________ ________cost-sharing contract___________________ For the State of Maryland, research the organization of that state's courts and the federal courts that cover the state. Then provide the following answers: a. The name of Maryland's highest state court: _________court of appeal_______________________ Page 6 Summer 2016 b. The name of the federal trial court \"covering\" Baltimore - be specific (but I'm not looking for the name of the court house): __________appellate courts___________________________ c. The number designation of the US Circuit Court of Appeals covering Maryland: _Thirteen____ Using LexisNexis, find Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc., 200 F.3d 307 (5th Cir. 2000). Based on your understanding of legal citation and a quick review of the case (1 point for each answer): a. In the case citation, what does the \"200\" represent? _______ b. What is the \"5th Cir.\"? _______________________________ c. Specify the name of the name of the judge who wrote the opinion. ____________ d. What primary federal law does the case fall under? ________________________ e. What does the court decide relative to the Plaintiffs' claims under that federal law? ______________________________________________________________________ Page 7 Summer 2016 You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case for breach of contract in the Federal District Court, Eastern District of Massachusetts, against Not So Big LLC (NSBL) was decided in NSBL's favor. To what court do you now appeal? a. Massachusetts Supreme Judicial Court b. US Supreme Court c. 25th Court of Appeals, Alaska d. 1st Circuit Court of Appeals e. None of the above. Aside from ethical considerations, as a government contracting officer or a government contractor employee, you are legally obligated to avoid improperly releasing or obtaining \"contractor bid or proposal information\" or \"source selection information.\" Name the federal statute that imposes severe penalties with regard to these issues. _____________________________________ Blueman Group is working on a contract to buy its own theater in Las Vegas from Elmer Fudd, a notso-well known Las Vegas property owner. Elmer Fudd has asked $5 Million for the property. Blueman Group's lawyer has made an offer of $2.5 Million. So far, you know no contract yet exists because of one of the key element of a contract is missing. That element is: a. Offer b. Counteroffer Page 8 Summer 2016 c. Consideration d. Acceptance e. None of the above. (a) What is the regulatory definition of \"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.) (b) What is the name of the statute that requires (under some circumstances) that an offeror or contractor provide the government with certified \"cost or pricing data\"? [Note: this is a two part question.] Definition: ________________________________________________________ Statute: __________________________________________________________ US Government Contracting Officers are specifically appointed as agents for the Government. What is the manner in which Contracting Officers receive such power? a. A certificate of appointment or warrant b. A letter c. A phone call d. An email e. None of the above. Page 9 Summer 2016 This is a multipart question. The Federal Acquisition Regulation actually explicitly applies the law of contracts that we have been studying to the simplified acquisition process. Using that policy direction, which step is considered the offer: a. the vendor's quotation, or b. the order issued by the Government. What step is required to form a binding contract? ________________________________ What is the CFR reference for this policy? _________________________________ Buyer Bobbie Sue and Seller Billy Bob are disputing the delivery of products called for under their contract. Bobbie Sue says that the products that she pre-paid for do not conform to the requirements of the contract, but Billy Bob refuses to refund the payment or replace the products. Bobbie Sue and Billy Bob have tried to work out their differences through negotiation, but cannot come to an agreement. This has resulted in a contract dispute. Briefly explain the dispute resolution options available to Bobbie Sue and Billy Bob to avoid litigation, and the primary benefits of each option. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Scenario: Joe wants to do some radio advertising for his acupuncture and tax preparation business. Joe talks on the phone to a sales representative from WTOP. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says \"Let's move forward with this 8-week run at $9600.\" [PS: This is an actual case (with names changed) discussed on \"Solosez,\" the ABA listserv for solo attorneys.] Two part question; don't miss part 2 below. Your questions: Has an enforceable contract been formed? If not, why not? Is this a written Page 10 Summer 2016 contract or an oral contract? Does Article 2 of the UCC apply to this situation? _________________________________________________________________________ So the radio spots start, but after week two all the talk on Twitter is that Joe's business must be a joke. Joe is appalled and wants to cancel the ad campaign. Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station's rights? _________________________________________________________________________ =============== End of Exam - Congratulations! =============== Page 11 Summer 2016 FINAL EXAM Spring 2016 ASCM 627 INSTRUCTIONS - PLEASE READ THEM The first ten questions are true/false and are worth one point each. Questions 11 through 24 are worth 5 points each and you should be able to answer them in a single word or phrase or in one or two sentences at most. Basically they are not essay questions. Questions 25 and 26 are worth 10 points each. Some of the questions are multiple choice; some of the choices run to the next page. Don't miss them. The two final questions (##25 and 26) are based on their respective scenarios and require some analysis. In other words, the reasons you give for your answer are just as important as the answer itself. If your analysis is on point, you will get some (maybe complete) credit even if I don't agree with your answer. You may, if you wish, add some of your own facts to the scenario to provide additional elements to the analysis. For the two final questions, your answers should be concise (no greater than 250 words per answer), specific, and to-the-point. APA format is not required. You may use the text books, the additional course materials, my comments in the conferences and other references to answer any of the questions. You can use pretty much any source except other people. Page 1 Summer 2016 Let me repeat: Please read the questions carefully. For example, if I'm asking you to identify an action required by a statute, don't give me the name of the statute. If I ask for a statute, do not give me a regulation. For those questions that cross reference each other, use both questions and the relationship between them to help you get the right answer. If you have technical or procedural questions about the test, email me or post a question in the Q&A Discussion Forum. This final exam file must be renamed (with your name as part of the file name) and posted to your Assignments folder no later than Sunday, August 7, at 11:59p.m.. There are no exceptions to the final exam deadline date and time, so be sure to double check that you have correctly posted the correct final exam to your Assignments folder. [I don't have any control over the due date; that's the last day of the semester.] NAME: [Enter Your Name Here] FINAL EXAM 1. Transparency is a type of authority given to agents by their principal. Page 2 Summer 2016 ____ True ____ False 2. Texas is the only state that has not adopted Article 2 of the Uniform Commercial Code. ____ True ____ False 3. When you make an \"offer\" you are always proposing to sell something; when you \"accept\" an offer you are always agreeing to buy something. ____ True ____ False 4. The Statute of Frauds as interpreted by the UCC Article 2 requires contracts for services for more than a month to be in writing. ____ True ____ False 5. In most states, acceptance of an offer by sending the acceptance by mail is effective when mailed. Page 3 Summer 2016 ____ True ____ False 6. Historically in our common law tradition (at least up to the mid-20 th century), acceptance of an offer (in order form an agreement) 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 legal subject matter and is based on mutual consideration. ____ True ____ False 9. Although there are exceptions, full and open competition is a key, over-riding policy applicable to all methods of procurement of goods and services by the US federal government. Page 4 Summer 2016 ____ True ____ False 10. The statute that implements the policy identified in Question #9 is the Freedom of Information Act. ____ True ____ False 11. Give the common name of the U.S. federal law, originally passed in the 1800's, that, among other things, imposes criminal sanctions for agreements in restraint of trade and for misuse of monopoly power. ____________ The Sherman Antitrust Act (Sherman __________________________________________ 12. ABC Corporation sends XYZ Ltd. a purchase order for $100,000 worth of goat cheese. The purchase order contains numerous terms and conditions. XYZ sends ABC an acknowledgment form with XYZ's terms and conditions. XYZ's form provides for arbitration if there is a dispute, and limits XYZ's liability to $50,000. As a result, the parties' terms and conditions conflict. This is a two part question. What is the common legal term for this situation? _________Breach__________________________ Page 5 Summer 2016 Assuming both ABC and XYZ are located in Maryland, what section of the UCC can provide an answer to what terms apply (generic UCC citation is enough): ________________________ 13. The Contracts Disputes Act specifies several forums (i.e., courts) to which a contractor can take a claim arising from the performance of a US Government contract the contractor already holds. Name the two forums in which a contractor can choose to start litigation against the Government after the claim has been denied by the Contracting Officer. a. _Go to the federal court b. _filling a bid protest_ 14. What action must a government contractor always take before taking a contract dispute over $100,000 to either of the judicial forums identified in Question 13? a. Send the claim via email. b. Notarize the claim. c. Certify the claim as required by the FAR. d. Send the claim by registered mail. e. None of the above. Page 6 Summer 2016 15. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest? a. ____________federal court_______________ b. ____________ filing a bid protest with GAO_______________ 16. Under the FAR, there are a number of cost-reimbursement type contracts that a contracting officer can legally use. Name two. ____________costs contract_______________ ________cost-sharing contract___________________ 17. For the State of Maryland, research the organization of that state's courts and the federal courts that cover the state. Then provide the following answers: a. The name of Maryland's highest state court: _________court of appeal_______________________ b. The name of the federal trial court \"covering\" Baltimore - be specific (but I'm not looking for the name of the court house): __________appellate courts___________________________ c. The number designation of the US Circuit Court of Appeals covering Maryland: _Thirteen____ Page 7 Summer 2016 18. Using LexisNexis, find Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc., 200 F.3d 307 (5th Cir. 2000). Based on your understanding of legal citation and a quick review of the case (1 point for each answer): a. In the case citation, what does the \"200\" represent? ___volume number in which the case is reported____ b. What is the \"5th Cir.\"? ____jurisdiction date___________________________ c. Specify the name of the name of the judge who wrote the opinion. __ LexisNexis __________ d. What primary federal law does the case fall under? ___Federal acquisition regulation_____________________ e. What does the court decide relative to the Plaintiffs' claims under that federal law? The court decides to rule for compensation of the plaintiff's for the damages the person incurrs ______________________________________________________________________ 19. You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case for breach of contract in the Federal District Court, Eastern District of Massachusetts, against Not So Big LLC (NSBL) was decided in NSBL's favor. To what court do you now appeal? Page 8 Summer 2016 a. Massachusetts Supreme Judicial Court b. US Supreme Court c. 25th Court of Appeals, Alaska d. 1st Circuit Court of Appeals e. None of the above. 20. Aside from ethical considerations, as a government contracting officer or a government contractor employee, you are legally obligated to avoid improperly releasing or obtaining \"contractor bid or proposal information\" or \"source selection information.\" Name the federal statute that imposes severe penalties with regard to these issues. federal property administration act 21. Blueman Group is working on a contract to buy its own theater in Las Vegas from Elmer Fudd, a not-so-well known Las Vegas property owner. Elmer Fudd has asked $5 Million for the property. Blueman Group's lawyer has made an offer of $2.5 Million. So far, you know no contract yet exists because of one of the key element of a contract is missing. That element is: a. Offer Page 9 Summer 2016 b. Counteroffer c. Consideration d. Acceptance e. None of the above. 22. (a) What is the regulatory definition of \"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.) (b) What is the name of the statute that requires (under some circumstances) that an offeror or contractor provide the government with certified \"cost or pricing data\"? [Note: this is a two part question.] a. Definition: __________ data as necessary to establish a fair and reasonable price______________________________________________ b. Statute: _______pricing policy act 23. US Government Contracting Officers are specifically appointed as agents for the Government. What is the manner in which Contracting Officers receive such power? a. A certificate of appointment or warrant Page 10 Summer 2016 b. A letter c. A phone call d. An email e. None of the above. 24. This is a multipart question. The Federal Acquisition Regulation actually explicitly applies the law of contracts that we have been studying to the simplified acquisition process. Using that policy direction, which step is considered the offer: a. the vendor's quotation, or b. the order issued by the Government. What step is required to form a binding contract? Intention of the parties to be legally bound by a contract. What is the CFR reference for this policy? ___It provides for the regulation of the parties relations. 25. Buyer Bobbie Sue and Seller Billy Bob are disputing the delivery of products called for under their contract. Bobbie Sue says that the products that she pre-paid for do not conform to the requirePage 11 Summer 2016 ments of the contract, but Billy Bob refuses to refund the payment or replace the products. Bobbie Sue and Billy Bob have tried to work out their differences through negotiation, but cannot come to an agreement. This has resulted in a contract dispute. Briefly explain the dispute resolution options available to Bobbie Sue and Billy Bob to avoid litigation, and the primary benefits of each option. The parties can be brought together by an arbitrator to amicably settle the dispute by Billy accepting to replace the products or making a refund to Bobbie sue. This option will help save on litigation cost and the amount of time taken to settle the dispute. 26. Scenario: Joe wants to do some radio advertising for his acupuncture and tax preparation business. Joe talks on the phone to a sales representative from WTOP. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says \"Let's move forward with this 8-week run at $9600.\" [PS: This is an actual case (with names changed) discussed on \"Solosez,\" the ABA listserv for solo attorneys.] Two part question; don't miss part 2 below. Your questions: Has an enforceable contract been formed? If not, why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation? An enforceable contract has not been entered into because the other sales person has not received and accepted the offer. This is a written contract and article 2 of the UCC does not apply to this situation. The mail has to be received by the sales representative for the acceptance Page 12 Summer 2016 to remain valid. So the radio spots start, but after week two all the talk on Twitter is that Joe's business must be a joke. Joe is appalled and wants to cancel the ad campaign. Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station's rights? _________________________________________________________________________ Joe cannot cancel the contract because he has already written the contract and it is enforceable by law. Rights of the radio station Right to be compensated for the damages. Right to be paid for the services offered. Right to sue Joe. Right to withdraw the contract. =============== End of Exam - Congratulations! =============== Page 13 Summer 2016