FINAL EXAM1 Transparency is a type of authority given to agents by their principal.____ 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 enacted by UCC Article 2 requires contracts for services formore than a month to be in writing.____ True____ False 5 In most states, acceptance of an offer by sending the acceptance by mail is effectivewhen the acceptance is mailed, not when it is received.____ True____ False 6 Historically in our common law tradition (at least up to the mid-20 th century), acceptanceof an offer had to exactly mirror the offer in order to create an agreement.____ True____ False 7 The Foreign Corrupt Practices Act is a US law that prohibits bribing the governmentofficials of other countries..____ True____ False 8 To have an enforceable contract, there must at least be an agreement between capableparties 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 policy applicable to allmethods of procurement of goods and services by the US federal government.____ True____ False 10 The statute that implements the policy identified in Question #9 is the Freedom ofInformation Act.____ True____ False11 What is 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 andfor 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 arbitrationif there is a dispute, and limits XYZ’s liability to $50,000. As a result, the parties’ termsand 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 contractorcan 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 in order to get a Contracting Officer’s Final Decision on a contract dispute over $100,000 before taking the dispute 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 afederal procurement can lodge a bid protest? Looking for the current situation, not howit was different historically.a ___________________________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 notlooking 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 quickreview of the case (1 point for each answer):a. In the case citation, what does the “200” represent? _______ b. To what does “5th Cir.” refer? _______________________________ c.Specify the last name of the name of the judge who wrote the opinion.____________d. Under what primary federal law does the case fall? [I’m just looking for the general name, not the citation.] ________________________e. What does the court decide relative to the Plaintiffs’ claims under that federallaw? ______________________________________________________________________19 You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case forbreach 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 nowappeal?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 governmentcontractor 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. (Just the popularname of the statute; I’m not asking for the citation.)_____________________________________21 Blueman Group is working on a contract to buy its own theater in Las Vegas from ElmerFudd, a not-so-well known Las Vegas property owner. Elmer Fudd has asked $5 Millionfor the property. Blueman Group’s lawyer has made an offer of $2.5 Million. So far, youknow 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 needmore than a single sentence to answer this question; if you are planning on a career ingovernment contracting you should probably memorize this sentence.) (b) What is thename 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 twopart 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 e. None of the above. 24 This is a multipart question. The Federal Acquisition Regulation explicitly addressesthe common law of contracts, including the elements of an enforceable contract, that wehave been studying and applies it to the simplified acquisition process. Using that policydirection, which step is considered the offer:a. the vendor’s quotation, or b. the order issued by the Government. Whatstepisrequiredto________________________________ 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 forunder 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 orreplace the products. Bobbie Sue and Billy Bob have tried to work out their differencesthrough negotiation, but cannot come to an agreement. This has resulted in a contractdispute. Briefly explain the dispute resolution options available to Bobbie Sue andBilly Bob to avoid litigation, and the primary benefits of each option. ________________________________________________________________________________________________________________________________________________________________________________________________________________________26 Scenario: Joe wants to do some radio advertising for his dog walking and tax preparation business. Joe talks on the phone to a sales representative from the WTOP radiostation. After several discussions, they agree to a slate of radio spots to air on specificdates for a set price. No written contract is signed but Joe sends the representative anemail 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 awritten contract or an oral contract? Does Article 2 of the UCC apply to this situation?______________________________________________________________________Part 2: So the radio spots start, but after week two all the talk on Twitter is that Joe’sbusiness 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 radiostation’s rights?
PMAN 635 FINAL EXAM – Transparency is a type of authority
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