KO AS THE JUDGE
JUDGE SHOULD BE WHAT? ____ & ____
WHAT IS FAIR AND REASONABLE
What is a Contract?
A mutually binding legal relationship obligating the seller to furnish the supplies or services … and the buyer to pay for them.
(FAR 2.101).
T/F: A KO is actually prohibited by law from handling any claims involving fraud
WHAT IS TRUE
The Disputes Clause of a contract (FAR 52.233-1) seems to give the KO broad authority to handle all kinds of claims: “claims arising under or relating to a contract.” But one type of claim excluded from a KO's authority is a claim that has fraud associated with it. FAR 33.210(b) Even if a contracting officer suspects fraud under a terminated contract, it’s out of the contracting officer’s hands (FAR 49.106).
Who has the right to review decisions a contracting officer makes in the solicitation process?
Who is the Government Accountability Office (GAO)
The GAO’s test of the contracting officer’s actions is rationality or reasonableness, so good examples of what fair and reasonable means come from GAO decisions.
Common Law vs Government (one difference)
WHAT IS Government Contracts require KOs with Actual Authority
What is the fundamental difference between the contracting officer’s role as a "judge" versus a "sheriff"?
What is:
the "judge" must be impartial and fair to both parties,
the "sheriff" acts as an advocate for the United States, safeguarding the interests of the taxpayers and the U.S. Department of the Treasury
In the context of government contracting litigation, what does the 'arbitrary and capricious' test specifically evaluate?
WHAT IS whether the KO used a reasonable process to reach a reasonable decision.
Difference between a contract and an agreement
WHAT IS Contract has legal obligation that results from the parties' agreement
Difference between Responsibility and Responsiveness
Responsiveness is a snapshop at the bid deadline to see if the offer meets all requirements.
Responsibility is a continuous look at whether the offeror has the money, ethics, and equipment (technical ability) to do the work.
What is the primary duty of a contracting officer when acting as a judge? [toward the contractor]
WHAT IS ensure that contractors receive impartial, fair, and equitable treatment.
FAR 1.602-2(b)
List three elements of a contract
What are: Offer, Acceptance, Consideration, Mutual Assent, Legality, Acceptance, Capacity, and Authority
T/F: The government has an affirmative duty to recover a payment if it accidentally makes an erroneous overpayment to a contractor.
What is True
This is done to prevent the unjust enrichment of the contractor at the taxpayers' expense.
Three Simple Rules for Always Being Fair and Reasonable stated in Chapter 1
WHAT ARE: Rule 1: To be reasonable, the contracting officer’s decision must be in writing.
Rule 2: To be reasonable, the contracting officer’s written decision must show that the contracting officer actually thought about the decision instead of making a thoughtless, knee-jerk decision.
Rule 3: To be reasonable, the contracting officer’s written, thoughtful decision must follow the rules for making a decision.
Difference between Actual and Apparent Authority
What are:
Actual: Legal power formally granted to a government official to bind the United States in contract.
Apparent: When a contractor reasonably believes that a government official has authority to bind the Government but does not.
List 3 organizational conflict of interests
WHAT ARE:
Biased ground rules
Unequal access to information
Impaired objectivity