NCMA Certified Professional Contracts Manager : CPCM exam dump

Who is responsible for ensuring the contractor's performance is in accordance with the contract?

• A. The seller's contract manager
• B. The contracting officer
• C. The government
• D. Contract managers on the buyer and seller sides

The most effective contract managers understand the processes that make up each life cycle phase from
__________ perspective(s).

• A. both the buyer's and seller's
• B. the stakeholder's
• C. the organization's
• D. the regulatory

What is the key enabler to obtaining successful outcomes that are often measured by metrics of schedule timelines, cost effectiveness, quality standards, earned value, and other parameters that can quantify desired project results?

• A. Communication
• B. Teamwork
• C. Trust
• D. Empathy

The four essential elements of a contract are __________.

• A. Competition, acceptance, consideration, and performance
• B. Market research, a fair and reasonable price, performance, and closeout
• C. An offer, acceptance, consideration, and intent to create a legal relationship
• D. A bid, market research, acceptance, and intent to create a legal relationship

Scenario 6.0: 2
ABC Corporation (ABC) entered into a firm-fixed-price, indefinite-delivery/indefinite-quantity (IDIQ) contract with a Federal buyer for the purchase of various "Soviet-style" parts. The contract language allowed for changes to:
o Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the buyer; o The method of shipment or packing; and o Place of delivery.
The contract also specified that:
If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the buyer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
ABC was unable to obtain a particular part required to fulfill a delivery order under the contract, and missed the deadline for delivery. Two years after the deadline passed, with no delivery, the failure provided cause for termination for default under the conditions outlined in the contract. To avoid default, ABC entered into Bilateral Modification 4 with the buyer. The modification required ABC to provide additional parts as consideration for late delivery. The modification also stated that a new delivery date for the original delivery would be determined in another modification.
ABC remained unable to purchase the parts to fulfill the original order. A new modification, Bilateral Modification 7 , provided that ABC would deliver "new production" models of the parts in question, rather than the "new surplus" parts specified in the original delivery order. The idea to deliver new production models of the parts had originated with ABC and was accepted by the buyer. ABC did not attempt to negotiate any changes in price, no discussions of price were held, and no price adjustment was included in this modification.
ABC completed delivery of these parts on time. However, the new production models cost significantly more than the new surplus parts originally ordered.
Approximately four months later, ABC submitted a request for equitable adjustment (REA) to the buyer. In the REA, ABC requested $1,369,377.47 , which represented the difference in price between the parts called for by the original delivery order and the parts ABC ultimately delivered. The buyer rejected the request.
Question:
Based on the contract language that specified how the contract would handle changes, was ABC entitled to an equitable adjustment?

• A. No, because the change was made in a bilateral modification based on a substitute product offered by the contractor.
• B. No, because no change was made to the specifications, design, or place of delivery.
• C. Yes, because the buyer agreed to accept "new production" weapons rather than "new surplus" weapons.
• D. Yes, because a change was made to the contract that increased the price.