Which of the following Is an Accurate Statement regarding an Unenforceable Agreement

13,301 government-wide commercial acquisition cards. (a) Except as provided in paragraph 32.1108(b)(2), a government-wide commercial acquisition card is authorized to manufacture and/or pay for supplies, services or construction. The government-wide commercial acquisition card may be used by contract employees and other persons designated in accordance with section 1.603-3. The Card may only be used for purchases that are otherwise authorized by law or authority. b) Organizations that use the government-wide commercial acquisition card establish procedures for the use and control of the card that are consistent with the Treasury Department`s Finance Manual for the Management of Departments and Agencies (TFM 4-4500) and comply with the terms and conditions of the current GSA credit card agreement. The Agency`s procedures should not limit the use of the government-wide commercial acquisition card to micro-purchases. The Agency`s procedures should encourage the use of the higher dollar card by contract agents to place orders and pay for purchases for contracts concluded in accordance with the procedures set out in Part 8, where permitted; and to place orders and/or payments under other contractual instruments, if agreed by the Contractor. See 32.1110(d) for instructions on how to use the relevant clause if payment is made under a written contract through the use of the card. (c) The government-wide commercial acquisition card can be used to make (1) micro-purchases; (2) place an order or supply order (where permitted by the framework contract, the basic contract or the framework purchase contract); or (3) make payments if the contractor accepts card payments (but see 32.1108(b)(2)).

13,302 orders. 13.302-1 General. a) Orders are generally placed on a fixed price basis, unless this is provided for in the no-price order method (see 13.302-2). See 12.207 for the purchase of commercial items. b) Orders must (1) indicate the quantity of deliveries ordered or the extent of the services ordered; (2) contain a determinable date on which the delivery of supplies or services is necessary; 3. Provide for an inspection in accordance with Part 46. In general, inspection and acceptance must be carried out at the place of destination. Verification of the source should only be indicated if required by Part 46. If the inspection and receipt is carried out at the place of destination, advance copies of the order or equivalent notifications must be provided to the consignee(s) for the purpose of receiving the material. Receipt of reports must take place immediately after receipt and acceptance of deliveries; (4) Indicate f.o.b destination for deliveries to the United States, with the exception of Alaska or Hawaii, unless there are valid reasons; and (5) Include all trade discounts and prompt payments offered in accordance with the principles applicable to sections 14.408-3.

c) The customer`s signature on orders is made in accordance with 4.101 and the definitions of 2.101. Fax and electronic signature can be used in creating orders using automated methods. d) limit the distribution of copies of orders and related forms to the minimum considered essential for the management and transmission of contractual information. (e) Under 31 U.S.C.3332, Electronic Money Transfer (EFT) is required for payments, except as provided in Section 32.1110. See subsection 32.11 for instructions on how to use the relevant clause in purchase orders. When obtaining verbal offers, the Customer will inform the Cob of the TEF clause that will be included in each resulting order. 13.302-2 Unrated orders. a) An order without price is an order for deliveries or services whose price is not fixed at the time of placing the order. (b) An order without a price can only be used if- (1) It is not possible to obtain a price before the order is issued; and (2) the purchase is made for (i) repairs to equipment that needs to be dismantled to determine the nature and extent of the repairs; (ii) materials available from a single source and the cost of which cannot be easily determined; or (iii) supplies or services for which prices are known to be competitive but whose exact prices are not known (e.B.

miscellaneous repair parts, maintenance contracts). (c) Orders without prices may be placed on paper or electronically. For each order without price, a realistic monetary limit is set either for each item or for the total order. The monetary limit is an obligation that can be corrected when setting the fixed price. The contracting authority pursues each order to ensure timely pricing. The Customer or the Customer`s designated representative will verify the invoice price and, if reasonable (see 13.106-3(a)), process the invoice for payment. 13.302-3 Obtaining acceptance by the contractor and modifying orders. a) If a binding contract is to be concluded between the parties before the Contractor assumes responsibility for the Service, the Contractor shall require written acceptance (see 2.101) of the Order by the Contractor. b) Any order modification must identify the order it has modified and contain a corresponding modification number.

(c) Written acceptance of a change of order by a Contractor may only be required if- (1) is deemed necessary by the Customer to ensure compliance with the Order by the Contractor as amended; or (2) In accordance with the Rules of the Agency. 13.302-4 Cancellation or cancellation of orders. (a) If an order accepted in writing by the Contractor is to be terminated, the Customer shall process the termination in accordance with (1) 12.403 and 52.212-4 (l) or (m) for Commercial Items; or (2) Part 49 or 52.213-4 for non-commercial items. b) If an order not accepted in writing by the Contractor is to be cancelled, the Contracting Party shall inform the Contractor in writing that the Order has been cancelled, require written acceptance of the cancellation by the Contractor and proceed as follows: (1) If the Contractor agrees to the cancellation and does not claim that any costs have been incurred as a result of the commencement of performance in connection with the Order, No further action is required (i.e. the order is considered cancelled). (2) If the Contractor does not accept the cancellation or if the Contractor does not accept claims that costs have arisen as a result of the commencement of the execution of the Order, the Contractor shall treat the act as a termination prescribed in paragraph (a) of this paragraph. 13.302-5 Clauses. (a) Each order (and any change of order (see 13.302-3)) must contain all the clauses prescribed for the respective purchase. .

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