Question 116
Scenario 4.0:
The buyer intended to change the pricing structure for a contract for garbage collection services at one of its facilities. Previously, the contract included contract line items priced on a "per-ton" basis, along with overhead line items covering the contractor's variable costs. The buyer intended to issue a solicitation that eliminated the overhead line items, thus requiring all costs to be included in a "price-per-ton" pricing method.
Prior to issuing a solicitation, the buyer conducted market research to determine whether it was customary industry practice to price garbage collection services based on the weight of the garbage collected. This market research included three parts:
* Reviewing refuse contracts at three other locations;
* Posting a notice to potential sellers asking for feedback on the proposed structure, to which the buyer received seven responses-four of which suggested a monthly line-item structure, which would include variable costs and not be on a "per-ton" basis, since these four respondents indicated that a "per-ton" pricing structure was not a "customary commercial practice," and three had no comment about the line-item structure; and
* Obtaining "historical market research" that had been performed during the previous year by personnel at another buyer location, consisting of talking to a sales representative from a waste removal company who indicated that his company used a "per-ton" pricing structure that was a "practical method of pricing for trash removal services." Following this market research, the buyer determined that it was "in the buyer's best interest" to utilize the
"per-ton" approach and that it was a "customary commercial practice."
A solicitation was issued requiring offerors to submit fixed prices on a per-ton basis for several line items, for which the solicitation provided estimated quantities. The buyer removed the line items for overhead costs that had been present in the prior contract for waste removal. Instead, the new solicitation required offerors to submit prices that reflected "all fixed and variable costs" on a per-ton basis and only permitted the seller "to invoice on tonnage collected." The resulting statement of work indicated that the seller was required to provide all items necessary to perform the required services, including personnel, equipment, supplies, facilities, materials, and supervision.
Question:
In this situation, which of the following activities could have helped the buyer improve its solicitation and avoid controversy?
Question 117
A condition that activates a term is called a condition subsequent and the one that suspends a term is called a condition precedent.
Question 118
A life cycle process used by both small and large businesses that ensures consistency and discipline to aggressively pursue and win contract opportunities is called __________.
Question 119
____________________ is the time it takes from when a requirement is determined, a solicitation is issued, bids/proposals are received and evaluated, a contract is awarded and quality products, services and/or solutions are provided to the buyer
Question 120
In this contract type, the buyer reimburses the seller for appropriate costs associated with contract performance and pays an established fee that is negotiated at the outset and does not vary.