Conflict of Interest and Procurement Best Practices, Exams of Nursing

Download Conflict of Interest and Procurement Best Practices and more Exams Nursing in PDF only on Docsity! CPPB COMPREHENSIVE B EXAM 2024 WITH 100% ACCURATE SOLUTIONS What concept is based on the idea that nothing happens in a supply chain until a need is identified? A) First In First Out (FIFO) B) Last In, First Out (LIFO) C) Just in Time (JIT) D) re-Order Point - correct answer✔✔ C) Just in Time (JIT) Procurement officials acting within the scope of their authority have what type of authority to legally bind the government? A) Express Authority B) Implied Authority C) Actual Authority D) Apparent Authority - correct answer✔✔ C) Actual Authority The senior buyer has been asked by her Chief Procurement Officer to help identify resources on established best practices and strategies for modernizing their outdated procurement code and procurement manual. Which of the following resources would provide the best starting point for updating procurement regulations? A) The NASPO State and Local Government Procurement: A Practical Guide B) Another state's procurement manual C) The American Bar Associations Model Procurement Code for State and Local Governments D) A comparison of all 50 US state procurement codes - correct answer✔✔ C) The American Bar Associations Model Procurement Code for State and Local Governments At the first meeting of the evaluation committee everyone on the team signed a conflict of interest form. During an evaluation session, the purchasing officer noticed that one of the team members continued to discuss one proposal and was trying to convince the other members to change their scores. The purchasing officer met with the team member and discussed the situation. It was disclosed that the team member had worked for the company for a few years before coming to the government agency. What actions would you take as the purchasing officer? A) Declare an "appearance of conflict interest" and remove the team member immediately from the evaluation team B) Declare no conflict of interest and continue with the evaluation C) Declare an "actual conflict of interest" and take immediate action by removing that team member from the evaluation team D) Declare a potential conflict of interest and resume with the same evalu - correct answer✔✔ A) Declare an "appearance of conflict interest" and remove the team member immediately from the evaluation team You have been asked to put together a team to begin development of a large-scale solicitation. The members you chose to be part of the team have agreed to join the group and the team is currently working on learning the traits and strengths of other members and identifying a leader. What Team Development Stage is your team in? A) Storming B) Performing C) Norming D) Forming - correct answer✔✔ D) Forming A senior buyer has been asked by their Procurement Director to review The Procurement Office Plan and Roadmap which sets both operational and strategic goals and objectives for the office. In order to help the office accomplish its short and long-term goals and objectives, this plan must be tied to the office's overall: A) Vision and mission B) Rules and regulations C) Roles and responsibilities D) Values and goals - correct answer✔✔ A) Vision and mission An agency is in need of a new Learning Management System (LMS) and has contacted the state procurement office to help create an initial proposal that justifies the project for leadership decision- makers. The assigned Procurement Officer suggests this document should include an analysis of business process performance and requirements assumptions, issues and risks. Which of the following best describes what type of structured proposal should be created? A) Project charter B) Evaluation report C) Needs assessment D) Business case - correct answer✔✔ D) Business case You been charged with creating a manual that contains at a minimum general information about the agency, describes how the solicitation process is conducted for all types of procurements, describes the limitations surrounding relationships and the extent of contact suppliers should have with user departments, as well as ethics and conflict of interest policies. What type of manual have you been asked to create? A) Supplier manual B) Supplier catalog C) Procedures manuals D) Policy manual - correct answer✔✔ A) Supplier manual The procurement officer has been in their position for three years. Beyond their initial training they have not received any further training aside from reading list- serve emails. In order for this and all procurement officers to stay abreast of the changes in this field, they should: A) Review their training materials to refresh their procurement knowledge B) Talk to their Director of Procurement about creating a plan for professional development and continuing education in their jurisdiction C) Spend two hours a month reading or watching a procurement related piece of information D) Attend a NASPO sponsored training event - correct answer✔✔ B) Talk to their Director of Procurement about creating a plan for professional development and continuing education in their jurisdiction State-wide procurement reforms are usually driven by all of the following EXCEPT: A) A memo drafted by the Chief Procurement Officer B) Ethics reforms C) A judicial decision D) Budget deficits - correct answer✔✔ A) A memo drafted by the Chief Procurement Officer A stakeholder has brought an emerging issue to your attention regarding a recent information technology (IT) procurement. They have identified and analyzed the issue. What should be your next During a negotiation, a vendor becomes unruly and insults one of the negotiation team members. What is the best response? A) Insult the vendor B) Focus on the facts not emotion C) Take a break D) End the negotiation - correct answer✔✔ B) Focus on the facts not emotion When negotiating for a reduction in price, what key elements should the negotiation consider? A) Vendor's location B) Cost Price Analysis C) Vendor size D) Vendor's number of employees - correct answer✔✔ B) Cost Price Analysis Which is of the following tactics is NOT an effective approach to conflict resolution? A) Brainstorming B) Stonewalling C) Listening and summarizing D) Identifying areas of mutual agreement - correct answer✔✔ B) Stonewalling On the negotiation team, Amanda sits quietly and casually watches the other team members' expressions and body language. What role of the team is Amanda playing? A) The Observer B) The Leader C) The Recorder D) The Facilitator - correct answer✔✔ A) The Observer The state is negotiating a contract for financial services. Which location gives the state the best advantage? A) At a neutral location B) At the state central procurement office C) At the vendor's headquarters D) Via phone - correct answer✔✔ B) At the state central procurement office What is the purpose of documenting the negotiation process? A) To make sure the vendor does not provide false information B) To keep track of the vendor's comments, questions, and clarifications in their proposal C) To support the state's position in the negotiation D) To provide fair and open negotiations with transparency and accountability to the public - correct answer✔✔ D) To provide fair and open negotiations with transparency and accountability to the public A user agency is concerned about adding additional transaction time to the procurement cycle by allowing negotiations. What benefits may be discussed with the user agency for why negotiations are important? A) Negotiations allow the state to select the vendor they have worked with before B) Negotiations give the vendor the opportunity to meet the parties with whom they will work upon award of the contract C) Negotiations are allowable under state law D) Value added to the contract which would not exist without the negotiation such as reduced cost or added quality, functionality, or features - correct answer✔✔ D) Value added to the contract which would not exist without the negotiation such as reduced cost or added quality, functionality, or features One of the primary strategies to having an effective negotiation is to: A) Ensure that your negotiation goals are kept confidential from the other party B) Resolving decision and removing alternatives before starting negotiations C) Clearly defining what a "win" is for the negotiation D) Promote a focus on interests versus positions - correct answer✔✔ D) Promote a focus on interests versus positions The state is bidding a large construction project and all bids received exceed the maximum budgeted amount for the project. Negotiations are permitted under the state's law and the state decided that changes to the size of the building may bring the project in under budget. Which goal of negotiation is the state exploring? A) Scope B) Clarification C) Terms and conditions D) Price - correct answer✔✔ A) Scope What is the best way to prepare all team members and facilitate an understanding of the negotiation strategy prior to the negotiation meeting with the vendor? A) Discuss the negotiation plan with the decision maker and set up the negotiation meeting with the vendor B) Develop a finalized negotiation plan and hold a strategy meeting C) Develop a BATNA followed by dissemination of the BATNA by email to all members D) Discuss the negotiation plan with the legal counsel and set up the negotiation meeting with the vendor - correct answer✔✔ B) Develop a finalized negotiation plan and hold a strategy meeting What tactic expands the understanding of the vendor's interests and overall expected gain as a resulting from the contract? A) Watching for non-verbal cues B) Discussing the BATNA C) Asking open-ended questions D) Explaining the state's position - correct answer✔✔ C) Asking open-ended questions Which of the following is a good reason to enter into negotiations? A) To select a vendor other than the low bidder B) To select a favored vendor C) To correct for inaccurate specifications or requirements in the solicitation D) To address differences in terms and conditions between the parties - correct answer✔✔ D) To address differences in terms and conditions between the parties As the purchasing agent, you have been asked to review a contract file to ensure all required documents are in the file. Your organization keeps pre-award solicitation files and post-award contract files separate. Which of the following documents belongs in the post-award contract file? A) Evaluation Documents B) Protest documents C) Solicitation Documents D) Notice of Award Documents - correct answer✔✔ D) Notice of Award Documents In the hierarchy of guidelines for interpreting contracts, which rule is considered a secondary rule? A) Whole Instrument Rule B) Mechanical Rules C) Cardinal Rule D) Common Law Rules - correct answer✔✔ A) Whole Instrument Rule The Department of Transportation is in the middle of a construction contract to repave a major state highway. The project is nearing completion, and the contractor has been meeting expectations and contract requirements throughout the performance period of the contact, including meeting all project deadlines. The Department of Transportation has been paying the contractor each quarter, as set forth by the payment clause of the contract. What type of payment method was used for this contract? A) Completion Payments B) Milestone/Progress Payments C) Success Payments D) Payments with Retainage - correct answer✔✔ B) Milestone/Progress Payments Which of the following practices can help save time and money associated with contract award protests? A) Post Award Conference B) Pre-Proposal Conference C) Inspection and Acceptance D) Debriefing - correct answer✔✔ D) Debriefing A contract administrator for a landscaping contract has experienced several performance issues related to the work being conducted by a subcontractor. What strategy would you recommend to the administrator for dealing with the performance issues? A) Contact the Prime Contractor to discuss the performance issues of its subcontractor B) Send a "Show Cause" Letter to the Subcontractor C) Schedule a Performance Review Meeting with the Subcontractor D) Send a "Notice to Cure" Letter to the Subcontractor - correct answer✔✔ A) Contact the Prime Contractor to discuss the performance issues of its subcontractor The Procurement Officer is updating their procurement manual and trying to determine when to hold post-award kickoff meetings with suppliers. When should a post-award kickoff meeting be held? A) Post- award but pre-performance B) Prior to a post-award planning meeting C) When a problem arises with the contract's supplier D) Once the State agency has decided how contractor performance will be evaluated, documented, and reported - correct answer✔✔ A) Post-award but pre-performance In certain cases, it is best practice to hold a post-award kickoff meeting to discuss performance expectations with all interested parties to the contract. What types of contracts are most likely to benefit from a post- award kickoff meeting? A) All contracts regardless of complexity or number of agencies involved B) A large contract with minimal risk that affects a single agency C) High risk or complex contracts, or contracts that affect a large number of user agencies D) Contracts with suppliers the State has had problems with in the past - correct answer✔✔ C) High risk or complex contracts, or contracts that affect a large number of user agencies The current janitorial vendor has continued to not adequately clean according to the specified plan in the contract for the Cabinet of Finance and Administration. The Cabinet has contemplated terminating the contract for default but would prefer to motivate the contractor into compliance and performance. What should the Cabinet's Contract Administrator do next? A) Issue Request for Liquidated Damages B) Bid responses that fail to meet the essential elements of the ITB, do not conform to the specifications or have been submitted by a debarred vendor are considered: A) Non-responsible B) Non-negotiable C) Non-responsive D) Non-acceptable - correct answer✔✔ C) Non-responsive A Buyer just attended a presentation on "Green Procurement" and would like to develop a green program for the entity, but doesn't want to spend a lot of time or resources getting it in place. Which would be the best action to take? A) Establish green thresholds for future procurements B) Identify and promote energy-saving products included in the entity's current awards C) Show a preference for recycled products in all solicitations D) Form a committee to develop some mandatory guidelines for energy saving equipment used by the entity - correct answer✔✔ C) Show a preference for recycled products in all solicitations An entity is revising its document retention schedule. Where should the entity look for guidance? A)The Federal Acquisition Regulation B) Legal or statutory requirements C) The Universal Commercial Code D) Common law - correct answer✔✔ B) Legal or statutory requirements Which constitutes an ethical gift with no perception of impropriety? A) Lunch is purchased by the supplier B) A car dealership donates cars to the driver training program C) An endowment to purchase playground equipment D) A buyer donates an expensive gift from a supplier - correct answer✔✔ C) An endowment to purchase playground equipment A procurement professional placed an order for the purchase of circuit breakers which will be installed in a new substation. The supplier was unsure when the goods would be available for delivery. What would be the most appropriate action for the procurement professional to take to ensure the goods arrive on time? A) Follow-up B) Expedite Change C) F.O.B. point D) Accept a substitution offered by the supplier - correct answer✔✔ A) Follow-up A procurement professional is determining the type and timing of a solicitation for fuel oil. Upon what should he base his decision? A) Last year's solicitation B) Forecasting results C) Agency action plan D) Requirements analysis - correct answer✔✔ B) Forecasting results A procurement professional is creating a material forecast. In addition to inventory on hand, which is the most important consideration for an accurate forecast? A) Supplier reliability B) Lead time C) Tracking signal D) Mean absolute deviation - correct answer✔✔ B) Lead time A procurement professional is developing an IFB for security guard services. The procurement professional wants to protect the entity from security guards stealing expensive equipment while on shift. Which is the most appropriate item to require of the successful bidder in order to mitigate this risk? A) Fidelity Bond B) Performance Bond C) Professional Liability Insurance D) General Liability Insurance - correct answer✔✔ A) Fidelity Bond The buyer just attended a presentation on "Green Procurement" and would like to develop a green program for the entity, but doesn't want to spend a lot of time or resources getting it in place. Which would be the best action to take? A) Establish green thresholds for future procurements B) Identify and promote the energy saving products included in the entity's current awards C) Show a preference for recycled products in all solicitations D) Form a committee to develop some mandatory guidelines for energy saving equipment used by the entity - correct answer✔✔ C) Show a preference for recycled products in all solicitations A procurement professional is charged with procuring diesel fuel for the transit system. What type of study should be conducted to determine how best to make this purchase? A) Value analysis B) Supplier selectionC) Demand analysis D) Market analysis - correct answer✔✔ D) Market analysis What is a detailed review and examination of documents and business processes by internal staff or independent experts, concluding with a detailed report that may also include a management letter or findings? A) Performance review B) Compliance study C) Audit D) Examination - correct answer✔✔ C) Audit A framework for procurement training may best be conveyed in which of the following documents? A) Solicitation document B) Supplier manual C) Procurement policy manual D) Management reports - correct answer✔✔ C) Procurement policy manual Which information should be contained in the contract file? A) Copies of quotes and copy of the purchase orders B) Copy of catalogue page listing pricing and a copy of purchase order C) Copies of all responsive bids, and all documents pertaining to the bid from request to close out D) An unsolicited proposal - correct answer✔✔ C) Copies of all responsive bids, and all documents pertaining to the bid from request to close out A procurement professional is asked to conduct a review and evaluation of a supplier's cost data in order to determine actual costs or estimates of costs to be incurred. This process is known as: A) Cost Containment B) Cost Analysis C) Cost Breakdown D) Cost Adjustment - correct answer✔✔ B) Cost Analysis The purchasing officer of the governmental agency has expressed serious concerns about the number of repetitive requisitions, solicitations and purchase orders that are being processed to purchase gasoline for the organization. Every time a new order is placed, another requisition is created and the prices paid by each department are not consistent, sometimes more and sometimes less depending on competition and timing. The buyer advises that the solution would be to use what type of contract? A) Firm Fixed- Price B) Fixed-Price with Redetermination C) Fixed-Price with Escalation/De-escalation D) Fixed Price Incentive - correct answer✔✔ C) Fixed-Price with Escalation/De-escalation The procurement professional received feedback from his supervisor that he needs to focus more on leadership activities. Where should he focus? A) Establishing evaluation standards to measure the organization's success B) Planning and staffing support priorities C) Reorganizing the department to better align its function D) Establishing consensus on the organization's mission, vision and goals - correct answer✔✔ D) Establishing consensus on the organization's mission, vision and goals A procurement professional consults a well-established indicator that identifies economic trends. What is this indicator? A) Consumer Reports B) Stock Markets C) Purchasing Managers Index D) Gartner DataQuest - correct answer✔✔ C) Purchasing Managers Index A team is formed from the best and most knowledgeable staff from various departments in the organization and designed to seek solutions to mutual processes. What type of team is this? A) Project team B) Regional operations team C) Cross functional teams D) Engineering team - correct answer✔✔ C) Cross functional teams The procurement professional has been working closely with the Department of Public Works Director to acquire an upgrade to existing proprietary software used with the wastewater treatment plant operating equipment. When purchasing this software, what would be the most appropriate method of procurement? A) Develop and issue a formal competitive bid solicitation B) The contract should be negotiated with the supplier C) The informal competitive bid method should be used D) A formal request for proposal method should be used - correct answer✔✔ B) The contract should be negotiated with the supplier A procurement professional wants to spot buy propane. What is the best analysis process to ensure the purchase has value? A)Demand analysis B) Supplier analysis C) Performance analysis D) Market analysis - correct answer✔✔ D) Market analysis The entity decided to only accept bids via the online solicitation system. They would no longer host public bid openings. Which document should reflect that change? A) Personnel manual B) Local It is June 5. A delivery of goods scheduled for June 7 arrives. A buyer inspects the goods on the delivery dock and finds them to be nonconforming to the specifications. What should the buyer do? A) Obtain conforming goods from another source and charge the delinquent supplier the difference B) Sue the supplier C) Have the entity attorney contact the supplier D) Note the exception on the packing list, refuse the delivery and contact the supplier immediately - correct answer✔✔ D) Note the exception on the packing list, refuse the delivery and contact the supplier immediately If considering contract termination, the agency should first: A) Take punitive action against the contractor B) Notify the authorities C) Start a file that documents the conflicts D) Stop accepting delivered products or services offered by the contractor - correct answer✔✔ C) Start a file that documents the conflicts A contract is considered to be breached when: A) Both parties to the contract perform their respective obligations B) One of the parties requests a contract extension C) One of the parties does not perform all of their obligations under the contract terms D) The contract is completed, however, there are deficiencies that must be corrected - correct answer✔✔ C) One of the parties does not perform all of their obligations under the contract terms Members of the contract administration team should: A) Avoid any conflict of interests B) Write a code of ethics specific to the activities of the team C) Acknowledge that financial ties to the contractor's business are acceptable upon contract award D) Refuse gifts and gratuities, unless they are offered by the approved contractor - correct answer✔✔ A) Avoid any conflict of interests The county has executed a default termination for their Human Resources Classification and Salary Study consultant due to breach of confidential information. It discovered that the firm released confidential employee records to the local newspaper which is a clear violation of the contract terms as well as possible legal violation. According to county policy, the firm was issued a suspension which: A) Excluded the firm from participating in a procurement activity for an extended period of time as specified by law B) Allowed the firm to perform until a remedy could be reached C) Triggered the liquidated damages clause of the contract D) Temporarily excluded the firm from participating in any procurement activity with the county - correct answer✔✔ D) Temporarily excluded the firm from participating in any procurement activity with the county The key tool for the closeout phase of contract administration is: A) A general checklist B) Copies of the solicitation C) The walkthrough punch list D) Property inventory - correct answer✔✔ A) A general checklist An entity has decided to add a termination clause to a contract with one of its suppliers. The clause would allow action, in accordance with the contract provisions, to unilaterally cancel all of the contract work for the best interest of the agency and with no reflection on the supplier's performance. Which of the following is the proper term for this type of clause? A)Termination for No-Fault Clause B) Termination for Default clause C) Termination of Proposal clause D) Termination for Convenience clause - correct answer✔✔ D) Termination for Convenience clause The county hospital has had problems with the quality of adhesive bandages. A good proportion of them don't have adequate adhesive material to stay in place. What should a buyer require of a supplier to remedy this problem? A) After delivery inspection B) Sampling inspection C) Exception inspection D) Final inspection - correct answer✔✔ B) Sampling inspection Which of the following describes risk management? A) It minimizes adverse effects through planning, organizing, directing and controlling resources and activities B) It is the negotiation approach that will ensure that the supplier is responsible for all risk associated with an acquisition C) It ensures that the entity carries enough insurance to adequately protect against any potential legal action D) It ensures there is no threat when the low bid is achieved - correct answer✔✔ A) It minimizes adverse effects through planning, organizing, directing and controlling resources and activities The twenty-year old bathroom facilities at the County baseball fields are undergoing a major renovation and are scheduled to be completed before the spring season begins. The project is behind schedule and the County has requested that new bathroom door locks be added to the scope of work. The contractor has submitted a proposal for increased costs and a schedule extension (Request for Equitable Adjustment (REA)). While the REA is being reviewed and negotiated, what is the contractor's obligation? A) Submit an appeal in the event the REA is denied B) Work around the doors until a resolution is made C) Perform the changed work as directed by the County D) Stop work and move to another project during the review - correct answer✔✔ C) Perform the changed work as directed by the County The Lead Buyer has taken over the administration of a contract to supply the entity with water meters. In the past, testing has played an important part in the inspection and acceptance process. What type of plan should the buyer develop to ensure that the meters meet the standards and are suitable for the entity's use? A) Performance Assessment Plan B) Risk Assessment C) Acquisition Plan D) Contract Administration Plan - correct answer✔✔ A) Performance Assessment Plan Which of the following factors must be present in order for the entity to revoke acceptance based on fraud? A) Failure to pass required quality inspection testing B) Knowledge of falsity or in reckless or wanton disregard of the facts C) Late on delivery D) Quantity of delivered item on purchase order incorrect - correct answer✔✔ B) Knowledge of falsity or in reckless or wanton disregard of the facts When does performance monitoring occur? A) When making a request for an equitable adjustment B) During the post award phase C) During the pre-award phase D) During the pre-solicitation phase - correct answer✔✔ B) During the post award phase A contract that is not written but rather inferred as a matter of reason and justice from the parties' act or conduct is called a(n): A) Operating contract B) Invalid contract C) Common law contract D) Implied contract - correct answer✔✔ D) Implied contract An entity orders hundreds of standard office computers. Each receives a cursory inspection for obvious damage when it is unpacked. The agency depends on end users to report defects. What type of inspection is this? A) In process inspection B) Final inspection C) Sampling inspection D) Exception inspection - correct answer✔✔ D) Exception inspection When using Alternative Dispute Resolution (ADR), an entity must be in a position to defend the many decisions manifested in the solicitation. They must also show that their choice was: A) A choice consistent with choices made in solicitations B) In the best interest of the governmental agency C) In the best interest of the protesting bidder D) In the best interest of the legal counsel - correct answer✔✔ B) In the best interest of the governmental agency An agency is dealing with the poor performance of one of its contractors. The building manager tried to resolve the problem with the on-site supervisor, but there was no change. What is the next step the agency should take? A) Contact the on-site supervisor again to work on the issues B) Terminate the contract for poor performance C) Contact the contractor to resolve the issues D) Contact legal representative for breach of contract - correct answer✔✔ C) Contact the contractor to resolve the issues