1.
Acquisition planning must take place
Correct Answer
C. As soon as an agency need is identified.
Explanation
Acquisition planning is a crucial step in the procurement process, and it should begin as soon as an agency identifies a need. This ensures that the agency has enough time to thoroughly analyze the requirements, develop a strategy, and identify potential sources for the acquisition. By starting the planning process early, the agency can also avoid delays and make informed decisions regarding budgeting, scheduling, and resource allocation. Therefore, the correct answer is "as soon as an agency need is identified."
2.
What higher level planning process is used to identify and determine whether government work should be contracted or performed in-house?
Correct Answer
D. Competitive sourcing.
Explanation
Competitive sourcing is the higher level planning process used to identify and determine whether government work should be contracted or performed in-house. This process involves conducting market research, evaluating potential sources, and selecting the most suitable option for performing the work. It aims to achieve cost-effectiveness, efficiency, and quality by encouraging competition among potential sources, both internal and external, and making informed decisions based on their capabilities and competitiveness.
3.
The group of functional experts that reviews and recommends acquisition strategies for a specific product or service is known as
Correct Answer
A. An acquisition strategy panel (ASP).
Explanation
An acquisition strategy panel (ASP) is a group of functional experts who are responsible for reviewing and recommending acquisition strategies for a specific product or service. They analyze various factors such as cost, risk, and performance to determine the most effective approach for acquiring the desired product or service. The ASP plays a crucial role in ensuring that the acquisition process is well-planned and aligns with the organization's goals and objectives.
4.
Leadership of an acquisition team may be shared between the contracting officer (CO) and
Correct Answer
C. The program manager.
Explanation
The program manager is responsible for overseeing the acquisition team and ensuring that the project is executed successfully. They play a crucial role in coordinating the efforts of the contracting officer, contract specialist, and technical team to ensure that all aspects of the acquisition process are handled effectively. The program manager's leadership is essential in guiding the team towards achieving the goals of the acquisition and ensuring that all parties involved are working together towards a common objective.
5.
A simplified acquisition strategy summary (SASS) is required for acquisitions with a dollar value
Correct Answer
D. Between the simplified acquisition threshold (SAT) and $10M.
Explanation
A simplified acquisition strategy summary (SASS) is required for acquisitions between the simplified acquisition threshold (SAT) and $10M. This means that any acquisition with a dollar value exceeding the SAT, which is typically $250,000, but not exceeding $10 million, will require a SASS. This summary provides a concise overview of the acquisition strategy and helps ensure that the acquisition process is properly planned and executed.
6.
What action must a contracting officer (CO) take if market research indicates that a commercial item is not available to meet customer needs?
Correct Answer
A. Restate terms to permit the acquisition of commercial items.
Explanation
If market research indicates that a commercial item is not available to meet customer needs, the contracting officer (CO) must restate the terms of the acquisition to allow for the acquisition of commercial items. This means that the CO should modify the solicitation or contract to accommodate the use of commercial items instead of seeking alternatives such as canceling the solicitation, issuing a sole-source award, or dissolving the small business set-aside. Restating the terms allows for flexibility and the potential to find suitable commercial items that can meet the customer's needs.
7.
What specific information is included in a market research report?
Correct Answer
A. Constraints to competition.
Explanation
A market research report includes information about constraints to competition. This refers to any factors that limit or restrict the level of competition in a particular market. Understanding these constraints is crucial for businesses to develop effective strategies and make informed decisions. By analyzing the market research report, companies can identify barriers to entry, monopolistic practices, or any other factors that may impact competition. This information helps businesses understand the competitive landscape and adapt their approach accordingly to gain a competitive advantage.
8.
Which is not an example of a wholesale supply source?
Correct Answer
D. Army and Air Force Exchange Services (AAFES).
Explanation
The Army and Air Force Exchange Services (AAFES) is not an example of a wholesale supply source because it is a retail organization that operates on military installations, providing goods and services to military personnel, retirees, and their families. On the other hand, the Defense Logistics Agency (DLA), Department of Veteran Affairs (VA), and General Services Administration (GSA) are all examples of wholesale supply sources that provide goods and services to various government agencies and military branches.
9.
Who is responsible for managing inventories of supplies and determining if the customer’s requirements can be met through available supply channels?
Correct Answer
D. Base supply officer.
Explanation
The base supply officer is responsible for managing inventories of supplies and determining if the customer's requirements can be met through available supply channels. They oversee the procurement, storage, and distribution of supplies within the base, ensuring that there is an adequate stock of necessary items and coordinating with different departments to meet the needs of the customers.
10.
At what prices shall agencies purchase required supplies listed in the Federal Prison Industries (FPI) schedule?
Correct Answer
D. At prices not to exceed fair market value.
Explanation
Agencies shall purchase required supplies listed in the Federal Prison Industries (FPI) schedule at prices not to exceed fair market value. This means that they can purchase the supplies at prices that are equal to or lower than the fair market value, ensuring that they do not pay more than what is considered reasonable in the market.
11.
If the Federal Prison Industries (FPI) product is not comparable in one or more areas of price, quality, and time of delivery, then the contracting officer (CO) can
Correct Answer
C. Use competitive procedures to acquire the product.
Explanation
If the Federal Prison Industries (FPI) product is not comparable in one or more areas of price, quality, and time of delivery, the contracting officer (CO) cannot award it anyway because it is mandatory. Instead, the CO can use competitive procedures to acquire the product. This means that the CO will open up the procurement process to other potential suppliers, allowing them to compete with FPI by submitting their own offers. This ensures that the government gets the best value for its money and encourages fair competition in the procurement process.
12.
The Committee for Purchase from People Who are Blind or Severely Disabled is responsible for all of the following except
Correct Answer
C. Providing everything from workplaces, security, and supplies to telecommunications.
Explanation
The Committee for Purchase from People Who are Blind or Severely Disabled is responsible for establishing prices for supplies and services, establishing rules and regulations to implement the AbilityOne Act, and determining supplies and services to be purchased by all entities of the government from AbilityOne participating nonprofit agencies. However, it is not responsible for providing everything from workplaces, security, and supplies to telecommunications.
13.
When placing an order against a federal supply schedule (FSS) that is expected to be below the simplified acquisition threshold (SAT), at a minimum, the ordering activity shall document
Correct Answer
A. The amount paid and the basis for the award decision.
Explanation
When placing an order against a federal supply schedule (FSS) that is expected to be below the simplified acquisition threshold (SAT), the ordering activity is required to document the amount paid and the basis for the award decision. This documentation ensures transparency and accountability in the procurement process. It allows for tracking and auditing of the funds spent and provides justification for the selection of a particular contractor. By documenting the amount paid and the basis for the award decision, the ordering activity can demonstrate that the procurement was conducted fairly and in accordance with regulations.
14.
When placing an order against a federal supply schedule (FSS) that is expected to exceed the simplified acquisition threshold (SAT), which factor is not documented when considering best value?
Correct Answer
C. The contractor that the customer chose.
Explanation
When considering best value for an order against a federal supply schedule (FSS) that is expected to exceed the simplified acquisition threshold (SAT), the factor that is not documented is the contractor that the customer chose. The amount paid, the basis for the award decision, and a description of the supply or service purchased are all factors that should be documented when considering best value. However, the specific contractor chosen by the customer is not typically documented in this context.
15.
When executing a General Services Administration (GSA) task order, which is not included in the requirements package?
Correct Answer
A. The price indicated on the independent government estimate.
Explanation
In a General Services Administration (GSA) task order, the requirements package typically includes important information such as the location of work, delivery schedule, and description of work to be performed. However, the price indicated on the independent government estimate is not included in the requirements package. This estimate is used to determine the cost of the project but is not part of the package that outlines the specific requirements for the task order.
16.
When executing a General Services Administration (GSA) task order above the micro-purchase threshold but not exceeding the simplified acquisition threshold (SAT), the contracting officer (CO) shall provide the request for quotations (RFQ) to at least how many contractors?
Correct Answer
A. Three.
Explanation
When executing a GSA task order above the micro-purchase threshold but not exceeding the simplified acquisition threshold (SAT), the contracting officer (CO) is required to provide the request for quotations (RFQ) to at least three contractors. This ensures that there is a competitive bidding process and allows for a fair selection of the contractor who can provide the best value for the task order. By reaching out to multiple contractors, the CO can compare quotes and make an informed decision based on price, quality, and other relevant factors.
17.
When shall a contracting officer (CO) provide unsuccessful offerors additional information after awarding a General Services Administration (GSA) task order above the simplified acquisition threshold (SAT)?
Correct Answer
B. Upon request due to the award being based on factors other than price.
Explanation
When a General Services Administration (GSA) task order above the simplified acquisition threshold (SAT) is awarded based on factors other than price, the contracting officer (CO) shall provide additional information to unsuccessful offerors upon request. This is because the award decision was not solely based on price, so the unsuccessful offerors may need more information to understand why their proposal was not selected.
18.
When executing a federal supply schedule (FSS) order, what is a circumstance in which a contracting officer (CO) can justify limiting sources?
Correct Answer
A. An urgent and compelling need exists and following the procedures would result in delays.
Explanation
In certain situations, a contracting officer (CO) may justify limiting sources when executing a federal supply schedule (FSS) order. One such circumstance is when there is an urgent and compelling need that cannot be met if the regular procedures are followed, as doing so would cause delays. In such cases, the CO may choose to limit sources in order to expedite the procurement process and ensure that the necessary goods or services are obtained in a timely manner.
19.
When placing a federal supply schedule (FSS) order above the simplified acquisition threshold (SAT) that is supported by limiting sources, the justification must be posted on www.fbo.gov within
Correct Answer
D. 14 days.
Explanation
When placing a federal supply schedule (FSS) order above the simplified acquisition threshold (SAT) that is supported by limiting sources, the justification must be posted on www.fbo.gov within 14 days. This allows for transparency and ensures that all interested parties have access to the information regarding the order and the reasons for limiting sources. It also gives suppliers and contractors a fair opportunity to review and potentially challenge the decision if they believe it to be unfair or unjustified.
20.
Usually, who can approve limited sources justifications exceeding the simplified acquisition threshold (SAT) but less than $700,000?
Correct Answer
B. The contracting officer.
Explanation
The contracting officer is usually the one who can approve limited sources justifications exceeding the simplified acquisition threshold (SAT) but less than $700,000. This is because the contracting officer is responsible for overseeing and managing the procurement process, including making decisions on source justifications. The commander, general or flag officer equivalent, and command contracting director may have authority in other aspects of the procurement process, but approving limited sources justifications falls under the purview of the contracting officer.
21.
A lease versus purchase determination is required when equipment will be leased for more than
Correct Answer
A. 60 days.
Explanation
A lease versus purchase determination is required when equipment will be leased for more than 60 days. This means that if the equipment will be leased for a period longer than 60 days, a decision needs to be made whether to lease or purchase the equipment. Leasing is typically more suitable for shorter durations, while purchasing may be more cost-effective for longer periods. Therefore, the correct answer is 60 days.
22.
When considering a lease versus purchase, the purchase method is appropriate when
Correct Answer
C. Cumulative leasing costs will exceed purchase costs.
Explanation
The correct answer is "cumulative leasing costs will exceed purchase costs." This means that it is more cost-effective to lease the equipment over a period of time rather than purchasing it outright. Leasing allows for flexibility and avoids the upfront cost of purchasing, making it a better option when the total cost of leasing over time is lower than the cost of purchasing.
23.
What Federal Acquisition Regulation (FAR) part prescribes policy for contracting with small businesses?
Correct Answer
C. 19.
Explanation
Federal Acquisition Regulation (FAR) part 19 prescribes policy for contracting with small businesses. This part specifically addresses the government's commitment to providing maximum practicable opportunities for small businesses to participate in government contracts. It sets forth various requirements and procedures for small business set-asides, subcontracting, and other programs aimed at promoting small business participation in federal contracting.
24.
Which socioeconomic program is aimed to help a small business located on an Indian reservation?
Correct Answer
A. Historically underutilized business zone (HUBZone).
Explanation
The correct answer is Historically underutilized business zone (HUBZone). This program is aimed at helping small businesses located in economically distressed areas, including Indian reservations. The program provides various benefits and opportunities for these businesses, such as preferential access to federal contracts and assistance in obtaining loans and access to capital. By promoting economic development in these areas, the HUBZone program aims to create jobs and stimulate growth in historically underutilized business zones.
25.
Which is not a required criterion for a small business to qualify as a historically underutilized business zone (HUBZone)?
Correct Answer
D. Be at least 51 percent owned by one or more citizens who live in a HUBZone.
Explanation
To qualify as a historically underutilized business zone (HUBZone), a small business must meet several criteria. It must be located in a HUBZone, have at least 35 percent of its employees residing in a HUBZone, and be at least 51 percent owned and controlled by one or more US citizens. However, it is not necessary for the business to be owned by citizens who live in a HUBZone. As long as the business meets the other requirements, it can qualify for HUBZone status regardless of the location of its owners.
26.
Which is not a type of historically underutilized business zone (HUBZone) contract?
Correct Answer
C. HUBZone full and open.
Explanation
The HUBZone program is designed to encourage economic development in historically underutilized business zones by providing contracting preferences to small businesses located in these areas. HUBZone set-aside contracts are specifically reserved for HUBZone-certified businesses, while HUBZone sole source contracts are awarded without competition to a single HUBZone-certified business. Competitive HUBZone set-aside contracts are open to multiple HUBZone-certified businesses, but HUBZone full and open contracts are not specific to HUBZone-certified businesses and can be awarded to any small business. Therefore, HUBZone full and open is not a type of HUBZone contract.
27.
What should a contracting officer (CO) do if he or she only receives one acceptable offer from a qualified historically underutilized business zone (HUBZone) small business?
Correct Answer
B. Award to the acceptable offer.
Explanation
If a contracting officer (CO) only receives one acceptable offer from a qualified historically underutilized business zone (HUBZone) small business, they should award the contract to that offer. This means that the CO has determined that the offer meets all the necessary requirements and is considered acceptable. Therefore, there is no need to extend the deadline for offers, contact the Small Business Administration (SBA) for guidance, or cancel the solicitation and re-advertise. The CO can proceed with awarding the contract to the acceptable offer received.
28.
Which is a factor in which a contracting officer (CO) can award a sole-source contract to a service-disabled veteran-owned small business (SDVOSB)?
Correct Answer
D. The CO does not have a reasonable expectation that offers would be received from two or more SDVOSB concerns.
Explanation
The contracting officer (CO) can award a sole-source contract to a service-disabled veteran-owned small business (SDVOSB) if they do not have a reasonable expectation that offers would be received from two or more SDVOSB concerns. This means that if the CO believes that there is only one SDVOSB that is capable of fulfilling the contract requirements, they can award the contract to that business without competition. This factor allows for sole-source contracts to be awarded in situations where there is limited competition among SDVOSBs.
29.
One criterion that a woman is presumed economically disadvantaged under the economically disadvantaged women-owned small business (EDWOSB) program is if her personal net worth is less than what dollar amount?
Correct Answer
A. $750,000.
Explanation
The criterion that a woman is presumed economically disadvantaged under the economically disadvantaged women-owned small business (EDWOSB) program is if her personal net worth is less than $750,000.
30.
At what dollar amount does the non-manufacturer rule not apply?
Correct Answer
B. Under $25,000.
Explanation
The non-manufacturer rule does not apply for purchases under $25,000. This means that for purchases below this threshold, the rule that requires government agencies to give preference to small businesses for manufacturing contracts does not apply. The non-manufacturer rule is designed to promote small business participation in federal contracting by allowing them to supply products made by other small businesses. However, for purchases under $25,000, this rule is not applicable, and government agencies can procure products from any source without the requirement of small business participation.
31.
Designating a competition advocate for each contracting activity is a requirement of the
Correct Answer
D. Office of Federal Procurement Policy Act.
Explanation
The Office of Federal Procurement Policy Act requires the designation of a competition advocate for each contracting activity. This act focuses on improving the efficiency and effectiveness of federal procurement processes, and the competition advocate plays a crucial role in promoting competition in government contracts. They work to ensure that contracts are awarded through fair and open competition, which helps to drive down costs, increase innovation, and provide opportunities for small businesses.
32.
The advocate for competition prepares and submits an annual report to the agency senior procurement executive describing new initiatives
Correct Answer
B. Required to increase the acquisition of commercial items.
Explanation
The correct answer is "required to increase the acquisition of commercial items." This is because the advocate for competition is preparing and submitting an annual report to the agency senior procurement executive. The report is specifically describing new initiatives that are required to increase the acquisition of commercial items. This suggests that the advocate is focused on promoting competition within the agency's procurement process for commercial items.
33.
Which is not a factor in determining competitive procedures?
Correct Answer
D. End of fiscal year constraints.
Explanation
End of fiscal year constraints is not a factor in determining competitive procedures. Competitive procedures are used to ensure fairness and transparency in the procurement process. Factors such as micro-purchases, market conditions, and support of existing systems are taken into account when determining the appropriate competitive procedure to be followed. However, the end of the fiscal year does not have a direct impact on the selection of competitive procedures.
34.
All of the following are examples of competitive procedures except
Correct Answer
C. Brand-name requirements.
Explanation
Brand-name requirements are not an example of a competitive procedure because they specify a particular brand or product, limiting competition and potentially excluding other qualified vendors. Competitive procedures, on the other hand, promote fair and open competition among potential suppliers, allowing them to submit bids or proposals based on specified criteria. Sealed bids, two-step sealed bidding, and competitive proposals are all examples of competitive procedures as they involve a competitive process for selecting the best offer or proposal.
35.
Which of the following exceptions to full and open competition must be supported by a determination and finding (D&F)?
Correct Answer
C. Establishing or maintaining alternative sources.
Explanation
The exception to full and open competition that must be supported by a determination and finding (D&F) is establishing or maintaining alternative sources. This means that if an agency wants to award a contract to a specific source or maintain an existing source without competition, they must provide a written justification in the form of a D&F. This is done to ensure transparency and accountability in the procurement process.
36.
What action should a contracting officer (CO) take if only one acceptable offer is received from a responsible small business concern?
Correct Answer
B. Make an award to that firm.
Explanation
If only one acceptable offer is received from a responsible small business concern, the contracting officer should make an award to that firm. This is because the Federal Acquisition Regulation (FAR) states that if only one offer is received in response to a small business set-aside, the contracting officer may make an award to that firm if the offer is acceptable and the price is reasonable. Therefore, in this scenario, since the offer is acceptable and there are no other offers to consider, the CO should proceed with making an award to the small business concern.
37.
In what situation would purchases automatically be reserved for small business concerns?
Correct Answer
B. Between the micro-purchase threshold and the simplified acquisition threshold (SAT).
Explanation
Purchases are automatically reserved for small business concerns when the value of the purchase falls between the micro-purchase threshold and the simplified acquisition threshold (SAT). This means that if the purchase is below the micro-purchase threshold, it is automatically reserved for small businesses. However, if the purchase exceeds the SAT, it is not automatically reserved for small businesses. Therefore, the correct answer is between the micro-purchase threshold and the SAT.
38.
What Federal Acquisition Regulation (FAR) Part 6 exception satisfies the requirement for sole-source and brand-name justifications?
Correct Answer
D. Only one responsible source will satisfy agency requirements.
Explanation
The correct answer is "Only one responsible source will satisfy agency requirements." This exception under Federal Acquisition Regulation (FAR) Part 6 is applicable when there is only one source that can meet the specific requirements of the agency. It is used when no other source is available or capable of providing the required goods or services, ensuring that the agency's needs are met effectively and efficiently.
39.
At what dollar amount is a streamlined acquisition strategy summary (SASS) required?
Correct Answer
A. Between the simplified acquisition threshold (SAT) and $10M.
Explanation
A streamlined acquisition strategy summary (SASS) is required for acquisitions that fall between the simplified acquisition threshold (SAT) and $10M. This means that if the dollar amount of an acquisition is above the SAT but below $10M, a SASS is necessary.
40.
Which is not a reason why a customer would want to limit competition?
Correct Answer
D. Customer preferred.
Explanation
The reason "Customer preferred" is not a valid reason for a customer to want to limit competition is because customer preference is subjective and varies from person to person. Limiting competition based on individual preferences would not be fair or beneficial for the market as a whole. In a competitive market, customers have the freedom to choose the product or service that best suits their needs and preferences. Limiting competition goes against the principles of a free market economy and can result in reduced innovation, higher prices, and limited choices for consumers.
41.
The difference between a brand-name requirement and single-source requirement is that the brand-name requirement
Correct Answer
D. Can be provided by multiple sources whereas single source or one company can only fill sole-source requirements.
Explanation
A brand-name requirement can be provided by multiple sources, meaning that different companies or suppliers can offer products that meet the specified brand-name requirement. On the other hand, a single-source requirement means that only one specific company or supplier can fulfill the requirement. In other words, a brand-name requirement allows for competition and multiple options, while a single-source requirement restricts the choice to one specific company or supplier.
42.
Brand-name justifications should describe unique capabilities and
Correct Answer
C. The impact on the mission if substituted.
Explanation
The correct answer is "the impact on the mission if substituted." This means that when justifying a brand-name, it is important to consider how substituting it with an alternative brand would affect the mission. This suggests that the chosen brand has specific capabilities or features that are crucial for the successful completion of the mission. The other options mentioned, such as the wing commander's preference and alternative brands, may also be considered, but the primary focus should be on the impact on the mission.
43.
Who has the ultimate responsibility for satisfying statutory requirements of a sole-source or brand-name justification?
Correct Answer
B. Contracting officer (CO).
Explanation
The contracting officer (CO) has the ultimate responsibility for satisfying statutory requirements of a sole-source or brand-name justification. The CO is responsible for ensuring that the procurement process is conducted in accordance with applicable laws, regulations, and policies. They have the authority to make decisions regarding sole-source or brand-name justifications and must ensure that all necessary documentation and justifications are properly prepared and maintained. The CO is accountable for ensuring that the procurement is conducted in a fair and transparent manner, and that all statutory requirements are met.
44.
Within how many days after contract award must a justification and approval (J&A) be made available to the public through the government-wide point of entry (GPE)?
Correct Answer
B. 14.
Explanation
A justification and approval (J&A) must be made available to the public through the government-wide point of entry (GPE) within 14 days after contract award. This allows for transparency and accountability in the contracting process, ensuring that the public has access to information about the contract and the reasons behind the award decision.
45.
Which statute requires performance and payment bonds for any domestic construction contract expected to exceed $150,000?
Correct Answer
A. 40 United States Code (USC), Chapter 31, Subchapter II, Bonds.
Explanation
The correct answer is 40 United States Code (USC), Chapter 31, Subchapter II, Bonds. This statute requires performance and payment bonds for any domestic construction contract expected to exceed $150,000.
46.
The penal amount of a performance bond is based on what percentage of the contract price?
Correct Answer
A. 10.
Explanation
The penal amount of a performance bond is based on 10% of the contract price. This means that if there is a breach of contract or failure to complete the project as agreed, the bond issuer will be responsible for paying up to 10% of the contract price to the project owner. This serves as a form of financial protection for the owner and ensures that the contractor fulfills their obligations.
47.
When the clause Federal Acquisition Regulation (FAR) 52.228–5, Insurance-Work on a Government Installation, is included in a contract, the contracting officer (CO) requests and receives proof of insurance
Correct Answer
A. Before the contractor begins work.
Explanation
According to the given information, when the FAR 52.228-5 clause is included in a contract, the contracting officer requests and receives proof of insurance before the contractor begins work. This means that the contractor must provide proof of insurance prior to starting the work.
48.
When a contractor is required to obtain insurance for work on a government installation, the minimum acceptable insurance coverage for employer’s liability is
Correct Answer
B. $100,000.
Explanation
When a contractor is required to obtain insurance for work on a government installation, the minimum acceptable insurance coverage for employer's liability is $100,000. This amount provides adequate coverage to protect the contractor against potential claims or lawsuits related to employee injuries or illnesses that may occur during the course of the work. It ensures that the contractor has sufficient financial resources to compensate employees for any damages or medical expenses resulting from such incidents.
49.
A separate synopsis and solicitation must be issued using the Standard Form (SF) 1449 when all of the following conditions are present except
Correct Answer
D. Streamlined procedures are being used.
Explanation
When streamlined procedures are being used, a separate synopsis and solicitation using the Standard Form (SF) 1449 is not required. Streamlined procedures are designed to simplify and expedite the acquisition process for purchases below the simplified acquisition threshold (SAT). Therefore, if streamlined procedures are being used, it means that the acquisition is not expected to exceed the SAT, which is contrary to the condition mentioned in the question.
50.
To the maximum extent practicable, public law requires that contracts for the acquisition of commercial items include only those clauses required to implement provisions of law or executive orders, or those clauses
Correct Answer
C. Determined to be consistent with customary commercial practice.
Explanation
The correct answer is "determined to be consistent with customary commercial practice." This means that contracts for the acquisition of commercial items should include only those clauses that are in line with the usual practices followed in the commercial industry. These clauses should be determined based on what is commonly accepted and practiced in the commercial market rather than being dictated solely by provisions of law or executive orders.