1. 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 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-20th century), acceptance of an offer 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
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. 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 to which a contractor can choose to bring a contract claim against the Government after the claim has been denied by the Contracting Officer.
a. _____________________________________
b. _____________________________________
13. 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.
14. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest?
___________________________
___________________________
15. Under the FAR, there are a number of cost-reimbursement type contracts that a contracting officer can legallyuse. Name two.
___________________________
___________________________
16. 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 district court "covering" Baltimore - be specific (but I'm not looking for the name of the court house):
_____________________________________
c. Thenumberdesignation of the US Circuit Court of Appeals covering Maryland: _____
17. In the event that the parties to a contract fail to include a delivery provision, the "gap filling" provisions of the UCC will deem the delivery will be made:
a. At the nearest warehouse
b. At a convenient train station
c. FOB Buyer's location
d. None of the above.
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
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 want 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
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.]
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?