Please read each question
Please read each question carefully. For multiple choice questions, select the best answer in order to have the correct answer. I have made efforts to have no trick questions. Watch out for two-part questions. The answer to the one essay question (#20) should be concise (no greater than 250 words per answer), specific, and to-the-point. APA format and references not required (except of course where the reference/citation is the answer). Long, rambling answers will result in lost points. Make sure you answer all the questions (##1-20) on pages 1 through 6. (Note the “Page x of y” format for the page number at the bottom. I try make sure all exams and assignments have this format.)
- Agents are said to have various types of authority. Although there a number of labels for such authority, I would like you to identify just three types of authority of agents.
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2. What is the generic term for the organization or individual to whom an agent owes various duties and on whose behalf the agent acts? [Don’t be confused by government organizational terminology.]
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3. What type of agent’s authority does not apply to government contracts or to any type of government action?
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4. (Two part question.) Which state has not enacted the part of the UCC pertaining to the sales of goods? Why was it not enacted in that state?
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5. The UCC encourages parties to reach agreements that meet their needs even if the terms of those agreements differ from the provisions of the UCC. However, four obligations may not be disclaimed or avoided by agreement. Name one of those obligations.
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6. Name the four essential elements of an enforceable contract. I’m looking for my preferred list but I will give full credit if you use another one from the course materials. There are various lists; just make sure you have included all of the necessary elements (some lists require more than four elements).
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7. What two legally significant, sequential actions by contract parties constitute an agreement?
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8. [Two part question] What is the name of the compilation of all federal regulations? In that compilation, where can you find the rules for federal procurement?
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9. Jimmy John and Donna Jean are negotiating the purchase of their first house. Jimmy John, fresh out of law school, assures his wife that Article 2 will protect them even if the contract of sale doesn’t. Jimmy John is:
a. Correct as all of Article 2 of the UCC covers real estate.
b. Incorrect as Article 2 does not cover real estate.
c. Misinformed – it’s really Article 2A of the UCC.
d. Going to make a great contracts lawyer.
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10. You just lost a case before the US Court of Federal Claims and you want to appeal the decision. To which court must you now go? Be specific.
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11. Part of our common law legal heritage from England is a statute enacted in the 17th Century that required certain types of contracts to be in writing to be enforceable. Most states have enacted laws that cover a similar issue in different ways. What is the generic name of this type of statute that harks back to the old English law?
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12. Under Commercial Law, what type of contract must be in writing to be valid? For an extra point, correctly cite a statutory section specifying this requirement.
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13. An offer can be accepted by a writing (which could include letters, faxes, emails, or text messages) or orally. Besides those ways to accept an offer, what other ways can an offer be accepted? Please name at least one of those other ways.
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14. (Two-part question) 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 (but not ABC’s form) provides for arbitration if there is a dispute, and limits XYZ’s liability to $50,000. As a result, the parties’ terms conflict. What is the colloquial term for situation? What generic UCC reference addresses this situation? (I am not looking for what the outcome of the situation might be, e.g., whose terms prevail or how the UCC might apply.)
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15. You are a Contracting Officer for the Coast Guard. A solicitation is being prepared for bids to build a new prototype all-electric cutter for the Coast Guard. Your first impression is to use a cost-plus contract. You know, however, that there is one type of cost-plus contract that you legally cannot use. That illegal type of contract is:
a. Cost plus a fixed fee
b. Cost plus incentive fee
c. Time and Materials
d. Cost plus a percentage of cost
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16. You receive an email from Fozzie Bear, allegedly an employee of Her Majesty’s Imperial Bank in Brisbane, Australia. He informs you that he is the bank’s head auditor, and has isolated a long dormant account in the amount of US$4,552,155.24. He further informs you that the accountholder died many years ago without any heirs. With the assistance of another employee, he tells you that he can arrange for a transfer of the funds to your US account. In return for his services, he only asks for a 20% fee. If you accept Fozzie’s offer, will you have an enforceable contract under US law?
a. Yes, but I would want a written agreement.
b. Yes, we’ll both get consideration out of the arrangement.
c. No, the subject matter of this contract is probably illegal under US law.
d. Yes, but only if I give the money to charity.
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17. The Federal Acquisition Regulation has very specific requirements for government contractors regarding, among other thingts, equal employment opportunity (EEO) obligations. FAR Subpart 22.8 implements the specific legal requirement obligating federal contractors to implement EEO obligations. That specific legal requirement is identified as:
a. The Equal Employment Opportunity Act of 1972
b. Executive Order 11246 of September 24, 1965
c. Fair Employment Act of August 20, 1951
d. Buy American Act of July 26, 1962
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18. [Two part question] You are negotiating a multi-million dollar, sole source contract for your employer, a federal government agency. The offeror/contractor, as part of its cost justification, gives you various quotes from proposed subcontractors and certifies that this information is current, complete and accurate. On the basis of this information, you reach an agreed to price and the contract is awarded. In a post award audit, several lower subcontractor quotes are discovered in the contractor’s purchasing office files. What is the name of the federal statute that gives the government the right to get a price adjustment in this case? (Either the old name or the newer name is acceptable.) There are two US Code references for this law. Give me oneof those references.
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19. A government bidder or offeror can file a protest against a federal agency’s procurement actions both before and after a contract award. Name the three venues in which the contractor can file such a protest.
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20. Pamela goes to rent a limo. She makes a reservation online after reading the website. The website says “In order the meet the needs of our clients, we require at least 24 hours notification of a cancelled reservation. If we are unable to receive adequate notification, a cancellation fee of 50% will be applied.” She then receives an email confirmation which states “A cancellation fee of 50% of the total contract amount becomes Non-refundable 7 days prior to the scheduled pick up date for reservations on non-peak days.” Clearly these two provisions are in conflict with each other. So, is the cancellation period 24 hours or 7 days? In analyzing this scenario, identify which event is the offer and which is the acceptance. The problem is what document controls the question of cancellation. State briefly how you came to your conclusion.
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