Which statement identifies the various forms of acts Congress uses to control government contracting?

Enabling and procedural acts, authorization acts, and appropriations acts.

Permissive acts, administrative acts, and legal acts.

Enabling acts, procedural acts, and permissive acts.

Permissive acts, administrative acts, and appropriations acts.

Enabling and procedural acts, authorization acts, and appropriations acts.

What agency’s objective is to provide aid and counseling to small businesses?

Small Business Administration (SBA).

General Services Administration (GSA).

United States Department of Labor (DOL).

Committee for Purchase from People Who are Blind or Severely Disabled.

Express actual authority is created by

explicit language, written or oral, from the principal to the agent.

information that flows from the third-party to the agent.

information that flows from the agent to the third-party.

the principal’s tolerance of the agent’s conduct.

A characteristic of implied authority is that it is

necessary or incidental to carrying out the express authority.

spelled out in oral or written authority when referring to minor details.

necessary or incidental to carrying out the express authority.

created by explicit language either in writing or orally.

Estoppel means to prevent

a party from asserting a fact or claim inconsistent with a position that party previously took.

the government from acting as an agent for the contractor.

contractors from filing a claim based on apparent authority.

a party from taking action which the party is legally entitled to take.

a party from asserting a fact or claim inconsistent with a position that party previously took.

The elements of equitable estoppel include all of the following except the

contractor did not reasonably and innocently rely on the acts of the government.

government knew or should have known the true facts.

contractor did not know and should not have known the true facts.

government intended that the contractor rely on the acts of the government.

contractor did not reasonably and innocently rely on the acts of the government.

Which statement about the offeree is correct?

Only the intended offeree can accept the offer.

The offeror may not direct the offer to a class of person or to a public intending that any member of the class of public have the power to accept.

The intended offeree means in all cases there is one, and only one, specific offeree in whom the power of acceptance is vested.

The offeror may not direct the offer to more than one person.

Only the intended offeree can accept the offer.

When no time is stated, an offer continues

until the expiration of a reasonable time.

Which of these is an example of rejecting an offer?

Allowing the acceptance period to expire.

Having no intention of being bound.

If the offeror expresses time, place, and means of communication,

only that time, place, or means constitutes acceptance.

only the offeree may change the time, place, or means of communication.

a different time, manner, and other condition for acceptance may be chosen.

the offeree may communicate orally, even if the offeror communicated in writing.

What are the two types of mistakes that the law recognizes as excusing performance?

Unilateral with knowledge and bilateral.

Unilateral without knowledge and bilateral.

What is meant by adequate consideration?

Consideration in the exchange is a fair bargain.

Actual worth or a promise or an act is more than the offer has the right to commit.

Consideration has enough value to induce the other party to perform.

Whether the bargain involves the concepts of benefit and detriment.

Consideration in the exchange is a fair bargain.

For a contract to be enforceable, its terms must be clear enough to permit

the courts to interpret the duties and obligations to be performed by either party.

the government to interpret the duties and obligations to be performed by either party.

each contractor to interpret the duties and obligations to be performed by either party

the courts to interpret the duties and obligations to be performed by either party.

each party to interpret its own duties and obligations to be performed.

What is meant by the term “competent” in regards to a contracting party?

Having the mental capacity to understand the intent to be bound.

Ensuring business is not conducted with minors.

Having the ability to recognize defective corporations.

Having the mental capacity to understand the intent to be bound.

As a general rule, a contract that violates a statute is

unlawful, void, and will not be enforced.

lawful if not challenged with 120 days.

unlawful, void, and will not be enforced.

lawful only to the party who made the offer.

unlawful but may be enforced under some situations.

Which situation would preclude a ratification?

Government not obtaining a benefit from the performance.

Availability of funds that were available at the time the unauthorized commitment was made.

Contracting officer (CO) determining the price to be fair and reasonable.

Government not obtaining a benefit from the performance.

CO recommending payment and legal counsel concurs.

For competitive acquisitions conducted without discussion, approval by the clearance approval authority is needed for the source selection authority (SSA) to

request final proposal revisions.

A government action may be protested by

the next low small business bidder.

either the appropriate agency or the GAO.

the Comptroller General or the Government Accountability Office (GAO).

either the appropriate agency or the Comptroller General.

the appropriate agency or US Court of Appeals.

either the appropriate agency or the GAO.

6c051 Edit Code 2 Vol 1

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Quizzes Created: 4 | Total Attempts: 2,723

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Questions and Answers

1.

Which statement identifies the various forms of acts Congress uses to control government contracting?
- A.
  
  Permissive acts, administrative acts, and legal acts.
- B.
  
  Enabling acts, procedural acts, and permissive acts.
- C.
  
  Permissive acts, administrative acts, and appropriations acts.
- D.
  
  Enabling and procedural acts, authorization acts, and appropriations acts.
Correct Answer
D. Enabling and procedural acts, authorization acts, and appropriations acts.

Explanation
The correct answer is "Enabling and procedural acts, authorization acts, and appropriations acts." This answer correctly identifies the various forms of acts that Congress uses to control government contracting. Enabling acts give authority to government agencies to enter into contracts, procedural acts establish the rules and processes for government contracting, authorization acts provide the legal basis for specific government contracts, and appropriations acts allocate funds for government contracts.

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2.

What agency’s objective is to provide aid and counseling to small businesses?
- A.
  
  Small Business Administration (SBA).
- B.
  
  General Services Administration (GSA).
- C.
  
  United States Department of Labor (DOL).
- D.
  
  Committee for Purchase from People Who are Blind or Severely Disabled.
Correct Answer
A. Small Business Administration (SBA).

Explanation
The Small Business Administration (SBA) is an agency that aims to provide aid and counseling to small businesses. It offers resources and support to help small businesses start, grow, and succeed. The SBA provides assistance in areas such as financing, business planning, marketing, and government contracting. It also offers counseling services to help small business owners navigate challenges and make informed decisions. Overall, the SBA's objective is to promote the growth and development of small businesses through various forms of aid and counseling.

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3.

In the principal-agent relationship, which party is the contractor?
- A.
  
  Agent
- B.
  
  Principal
- C.
  
  Third party
- D.
  
  Agent and third party
Correct Answer
C. Third party

Explanation
The correct answer is "Third party" because in a principal-agent relationship, the contractor is considered as a third party. The principal-agent relationship involves two parties: the principal, who delegates authority to the agent to act on their behalf, and the agent, who carries out tasks and makes decisions on behalf of the principal. The contractor, in this case, is not directly involved in the principal-agent relationship but is hired by the agent to perform specific tasks or provide services to fulfill the principal's objectives.

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4.

Express actual authority is created by
- A.
  
  Explicit language, written or oral, from the principal to the agent.
- B.
  
  Information that flows from the third-party to the agent.
- C.
  
  Information that flows from the agent to the third-party.
- D.
  
  The principal’s tolerance of the agent’s conduct.
Correct Answer
A. Explicit language, written or oral, from the principal to the agent.

Explanation
Express actual authority is created when the principal explicitly communicates their authority to the agent through either written or oral means. This means that the principal clearly and directly states the agent's authority and responsibilities. It is not created by information flowing from a third-party to the agent, information flowing from the agent to a third-party, or the principal's tolerance of the agent's conduct.

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5.

A characteristic of implied authority is that it is
- A.
  
  Spelled out in oral or written authority when referring to minor details.
- B.
  
  Necessary or incidental to carrying out the express authority.
- C.
  
  Created by explicit language either in writing or orally.
- D.
  
  Defined in specific terms.
Correct Answer
B. Necessary or incidental to carrying out the express authority.

Explanation
Implied authority refers to the authority that is not explicitly stated but is necessary or incidental to carry out the express authority. This means that while the specific details may not be spelled out in oral or written authority, they are still considered within the scope of the authority given. Therefore, the correct answer is "necessary or incidental to carrying out the express authority."

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6.

Estoppel means to prevent
- A.
  
  The government from acting as an agent for the contractor.
- B.
  
  Contractors from filing a claim based on apparent authority.
- C.
  
  A party from taking action which the party is legally entitled to take.
- D.
  
  A party from asserting a fact or claim inconsistent with a position that party previously took.
Correct Answer
D. A party from asserting a fact or claim inconsistent with a position that party previously took.

Explanation
Estoppel refers to the legal principle that prevents a party from asserting a fact or claim that is inconsistent with a position they previously took. This means that once a party has taken a certain position or made a certain statement, they cannot later change their position or make a contradictory claim. Estoppel is used to ensure fairness and prevent parties from taking advantage of their own inconsistent statements or actions.

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7.

The elements of equitable estoppel include all of the following except the
- A.
  
  Government knew or should have known the true facts.
- B.
  
  Contractor did not know and should not have known the true facts.
- C.
  
  Government intended that the contractor rely on the acts of the government.
- D.
  
  Contractor did not reasonably and innocently rely on the acts of the government.
Correct Answer
D. Contractor did not reasonably and innocently rely on the acts of the government.

Explanation
Equitable estoppel is a legal principle that prevents a party from asserting their rights if their actions or representations have led another party to believe in a certain state of affairs and rely on it to their detriment. The elements of equitable estoppel include the government knowing or should have known the true facts, the government intending that the contractor rely on their acts, and the contractor not knowing and should not have known the true facts. However, the element that is not included in equitable estoppel is that the contractor did not reasonably and innocently rely on the acts of the government.

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8.

Which statement about the offeree is correct?
- A.
  
  The offeror may not direct the offer to a class of person or to a public intending that any member of the class of public have the power to accept.
- B.
  
  The intended offeree means in all cases there is one, and only one, specific offeree in whom the power of acceptance is vested.
- C.
  
  The offeror may not direct the offer to more than one person.
- D.
  
  Only the intended offeree can accept the offer.
Correct Answer
D. Only the intended offeree can accept the offer.

Explanation
The correct answer is "Only the intended offeree can accept the offer." This means that the offeror cannot direct the offer to a class of people or to the public with the intention that any member of the class or public can accept. Instead, there is always one specific offeree in whom the power of acceptance is vested. Therefore, only this intended offeree has the ability to accept the offer.

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9.

When no time is stated, an offer continues
- A.
  
  Until the expiration of a reasonable time.
- B.
  
  Until acceptance takes place.
- C.
  
  Indefinitely.
- D.
  
  For 30 days.
Correct Answer
A. Until the expiration of a reasonable time.

Explanation
When no specific time is mentioned, an offer is considered to continue until a reasonable time has passed. This means that the offer remains open for acceptance until a period of time that is considered reasonable in the given circumstances. This allows the offeree sufficient time to consider and respond to the offer without any specific deadline. The concept of a reasonable time ensures fairness in the negotiation process and allows both parties to have a reasonable opportunity to reach an agreement.

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10.

An offeror’s withdrawal of an offer before acceptance is called a
- A.
  
  Revocation.
- B.
  
  Termination.
- C.
  
  Cancellation.
- D.
  
  Breach of contract.
Correct Answer
A. Revocation.

Explanation
When an offeror withdraws their offer before it is accepted by the offeree, it is referred to as a revocation. This means that the offer is no longer valid and cannot be accepted by the other party. Termination, cancellation, and breach of contract are not the correct terms in this context as they refer to different situations.

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11.

Which of these is an example of rejecting an offer?
- A.
  
  Allowing the acceptance period to expire.
- B.
  
  Having no intention of being bound.
- C.
  
  Proposing a counter offer.
- D.
  
  Delaying performance.
Correct Answer
C. Proposing a counter offer.

Explanation
Proposing a counter offer is an example of rejecting an offer because it involves suggesting different terms or conditions than the original offer. By proposing a counter offer, the person is indicating that they are not willing to accept the initial offer as it is, but instead, they are suggesting alternative terms that they find more favorable. This shows a rejection of the original offer and a desire to negotiate different terms before reaching an agreement.

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12.

If the offeror expresses time, place, and means of communication,
- A.
  
  Only that time, place, or means constitutes acceptance.
- B.
  
  Only the offeree may change the time, place, or means of communication.
- C.
  
  A different time, manner, and other condition for acceptance may be chosen.
- D.
  
  The offeree may communicate orally, even if the offeror communicated in writing.
Correct Answer
A. Only that time, place, or means constitutes acceptance.

Explanation
This answer is correct because it states that only the time, place, or means of communication specified by the offeror constitutes acceptance. This means that if the offeror specifies a particular time, place, or means of communication for accepting the offer, the offeree must adhere to those specifications in order for their acceptance to be valid. Any changes made by the offeree to the time, place, or means of communication would not be considered acceptance.

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13.

What are the two types of mistakes that the law recognizes as excusing performance?
- A.
  
  Single and mutual.
- B.
  
  Single and bilateral.
- C.
  
  Unilateral with knowledge and bilateral.
- D.
  
  Unilateral without knowledge and bilateral.
Correct Answer
C. Unilateral with knowledge and bilateral.

Explanation
The correct answer is "Unilateral with knowledge and bilateral." In the context of law, unilateral with knowledge refers to a mistake made by one party in a contract who is aware of the mistake but still proceeds with the agreement. Bilateral mistake, on the other hand, refers to a mistake made by both parties involved in the contract. These types of mistakes are recognized by the law as valid reasons for excusing performance, as they affect the understanding and intention of the parties involved.

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14.

What is the name given to the exchange of promises?
- A.
  
  Detriment.
- B.
  
  Sufficiency.
- C.
  
  Acceptance.
- D.
  
  Consideration.
Correct Answer
D. Consideration.

Explanation
Consideration is the name given to the exchange of promises in a contract. It refers to something of value that is given by each party in exchange for the promises made by the other party. Consideration can be in the form of money, goods, services, or even a promise to do or refrain from doing something. It is an essential element of a valid contract and ensures that both parties have something to gain or lose from the agreement.

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15.

What is meant by adequate consideration?
- A.
  
  Actual worth or a promise or an act is more than the offer has the right to commit.
- B.
  
  Consideration has enough value to induce the other party to perform.
- C.
  
  Whether the bargain involves the concepts of benefit and detriment.
- D.
  
  Consideration in the exchange is a fair bargain.
Correct Answer
D. Consideration in the exchange is a fair bargain.

Explanation
Adequate consideration refers to the fairness and equality of the exchange in a contract. It means that both parties involved receive something of value that is proportionate to what they are giving up. In other words, there is a fair bargain between the parties where the consideration being exchanged is reasonable and equitable. This ensures that both parties have a mutual understanding and agreement, and that the contract is not one-sided or unfairly biased towards one party.

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16.

For a contract to be enforceable, its terms must be clear enough to permit
- A.
  
  The government to interpret the duties and obligations to be performed by either party.
- B.
  
  Each contractor to interpret the duties and obligations to be performed by either party
- C.
  
  The courts to interpret the duties and obligations to be performed by either party.
- D.
  
  Each party to interpret its own duties and obligations to be performed.
Correct Answer
C. The courts to interpret the duties and obligations to be performed by either party.

Explanation
The correct answer is the courts to interpret the duties and obligations to be performed by either party. This is because the courts are responsible for interpreting and enforcing contracts. If the terms of a contract are not clear, the courts may have difficulty in determining the rights and obligations of each party. Therefore, it is essential for the terms of a contract to be clear enough for the courts to interpret them accurately.

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17.

What is meant by the term “competent” in regards to a contracting party?
- A.
  
  Having an unsound mind.
- B.
  
  Ensuring business is not conducted with minors.
- C.
  
  Having the ability to recognize defective corporations.
- D.
  
  Having the mental capacity to understand the intent to be bound.
Correct Answer
D. Having the mental capacity to understand the intent to be bound.

Explanation
The term "competent" in regards to a contracting party refers to their mental capacity to understand the intent to be bound. In order to enter into a legally binding contract, all parties involved must have the mental ability to comprehend the terms and consequences of the agreement. This ensures that the contract is entered into willingly and with full understanding. It is important for all parties to be competent in order to protect their rights and interests in the contract.

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18.

As a general rule, a contract that violates a statute is
- A.
  
  Lawful if not challenged with 120 days.
- B.
  
  Unlawful, void, and will not be enforced.
- C.
  
  Lawful only to the party who made the offer.
- D.
  
  Unlawful but may be enforced under some situations.
Correct Answer
B. Unlawful, void, and will not be enforced.

Explanation
A contract that violates a statute is considered unlawful because it goes against the law. As a result, the contract is void, meaning it has no legal effect. It will not be enforced by the court because it contradicts the law. This means that neither party involved can rely on the contract or enforce its terms.

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19.

What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority?
- A.
  
  Unauthorized commitment.
- B.
  
  Unpriced purchase order.
- C.
  
  Contract dispute.
- D.
  
  Ratification.
Correct Answer
D. Ratification.

Explanation
When someone other than the contracting officer (CO) tries to make an agreement without the authority, it is considered an unauthorized commitment. However, the correct answer in this case is "Ratification." Ratification refers to the act of approving or confirming an unauthorized commitment after it has been made. It is a way for the government to accept and fulfill obligations that were made without proper authority.

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0
1
20.

Which situation would preclude a ratification?
- A.
  
  Availability of funds that were available at the time the unauthorized commitment was made.
- B.
  
  Contracting officer (CO) determining the price to be fair and reasonable.
- C.
  
  Government not obtaining a benefit from the performance.
- D.
  
  CO recommending payment and legal counsel concurs.
Correct Answer
C. Government not obtaining a benefit from the performance.

Explanation
The situation that would preclude a ratification is when the government does not obtain a benefit from the performance. Ratification is the act of approving and accepting an unauthorized commitment after it has been made. In order for a ratification to occur, the government must have received a benefit from the performance. If no benefit is obtained, the ratification cannot take place.

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21.

Business clearance for noncompetitive contract actions is the approval to
- A.
  
  Issue the solicitation.
- B.
  
  Begin negotiations.
- C.
  
  Ratify the contract.
- D.
  
  Issue a contract.
Correct Answer
B. Begin negotiations.

Explanation
Business clearance for noncompetitive contract actions is the approval to begin negotiations. This means that before entering into negotiations with a potential contractor, the business must obtain clearance to ensure that the contract is fair, reasonable, and in the best interest of the organization. This step is necessary to ensure transparency and accountability in the procurement process. Once negotiations are successfully completed, the contract can be ratified and issued.

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22.

For competitive acquisitions conducted without discussion, approval by the clearance approval authority is needed for the source selection authority (SSA) to
- A.
  
  Issue the solicitation.
- B.
  
  Make the decision to award.
- C.
  
  Hold pre-construction meeting.
- D.
  
  Request final proposal revisions.
Correct Answer
B. Make the decision to award.

Explanation
In competitive acquisitions conducted without discussion, the clearance approval authority needs to approve the source selection authority's decision to award. This means that before the SSA can make the final decision to award the contract, it must obtain approval from the clearance approval authority. This ensures that the selection process is fair and transparent, and that the decision to award is made in accordance with the appropriate regulations and guidelines.

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23.

A government action may be protested by
- A.
  
  An interested party.
- B.
  
  The next lowest bidder.
- C.
  
  All responsible bidders.
- D.
  
  The next low small business bidder.
Correct Answer
A. An interested party.

Explanation
A government action may be protested by an interested party because they have a direct stake or concern in the outcome of the action. This could include individuals, organizations, or businesses that are directly affected or have a vested interest in the government action being protested. The other options mentioned, such as the next lowest bidder, all responsible bidders, or the next low small business bidder, may also have a stake in the outcome, but they may not necessarily protest the government action.

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24.

Protests are made to
- A.
  
  The Comptroller General or the Government Accountability Office (GAO).
- B.
  
  Either the appropriate agency or the Comptroller General.
- C.
  
  The appropriate agency or US Court of Appeals.
- D.
  
  Either the appropriate agency or the GAO.
Correct Answer
D. Either the appropriate agency or the GAO.

Explanation
Protests can be made to either the appropriate agency or the Government Accountability Office (GAO). This means that individuals or organizations can raise concerns or objections regarding a particular issue or decision to either the specific agency responsible for that matter or to the GAO, which is an independent government agency that audits and investigates federal programs. This allows for multiple avenues for individuals to voice their concerns and seek resolution or accountability.

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25.

Which Federal Acquisition Regulation Part prescribes actions required upon receipt of protests?
- A.
  
  Part 12
- B.
  
  Part 17
- C.
  
  Part 33
- D.
  
  Part 36
Correct Answer
C. Part 33

Explanation
Federal Acquisition Regulation (FAR) Part 33 prescribes the actions that are required upon receipt of protests. This part of the FAR provides guidance on the procedures and processes that must be followed when a protest is received, including the timeframes for responding to the protest, the documentation that must be provided, and the steps that must be taken to resolve the protest. It is important for contracting officers and other personnel involved in the acquisition process to be familiar with the requirements outlined in FAR Part 33 to ensure that protests are handled appropriately and in accordance with regulations.

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26.

When an agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within five days after a debriefing date, the contracting officer immediately
- A.
  
  Begins consolidating a complete report.
- B.
  
  Provides a 30-day cancellation notice to the contractor.
- C.
  
  Suspends performance or terminates the awarded contract.
- D.
  
  Suspends performance for 60 days, then processes a contract cancellation.
Correct Answer
C. Suspends performance or terminates the awarded contract.

Explanation
When an agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within five days after a debriefing date, the contracting officer immediately suspends performance or terminates the awarded contract. This is done to ensure that the agency does not continue with the contract while the protest is being investigated by the GAO. Suspending performance or terminating the contract allows for a fair and impartial review of the protest and prevents any potential harm or loss to the protesting party.

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27.

How many days does Government Accountability Office (GAO) have to issue its recommendation on a protest?
- A.
  
  30
- B.
  
  45
- C.
  
  100
- D.
  
  120
Correct Answer
C. 100

Explanation
The Government Accountability Office (GAO) has 100 days to issue its recommendation on a protest. This time frame allows the GAO to thoroughly review the protest and gather all necessary information before making a decision. It also ensures that the process is fair and efficient, allowing for a timely resolution to the protest.

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28.

What document provides findings, recommendations, and any additional information necessary to assist the Government Accountability Office (GAO) in determining the merits of a protest?
- A.
  
  Statement of Facts.
- B.
  
  Contracting officer’s final decision.
- C.
  
  Contractor’s Representation & Certifications.
- D.
  
  Staff Judge Advocate’s legal recommendation.
Correct Answer
A. Statement of Facts.

Explanation
The document that provides findings, recommendations, and any additional information necessary to assist the Government Accountability Office (GAO) in determining the merits of a protest is the Statement of Facts. This document contains a detailed account of the relevant facts and circumstances surrounding the protest, which helps the GAO in making an informed decision. It presents a comprehensive overview of the case, including evidence, testimonies, and any other pertinent information that can support or refute the protest. The Statement of Facts is crucial in enabling the GAO to assess the validity and strength of the protest and reach a fair and impartial decision.

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29.

What action may the contractor take when a dispute cannot be resolved by mutual agreement of the contracting parties?
- A.
  
  Submit a claim under the Default clause.
- B.
  
  Submit a claim under the Disputes clause.
- C.
  
  File a claim with the United States Court of Federal Appeals.
- D.
  
  File a claim with the Armed Services Board of Contract Appeals (ASBCA).
Correct Answer
B. Submit a claim under the Disputes clause.

Explanation
When a dispute cannot be resolved by mutual agreement, the contractor may choose to submit a claim under the Disputes clause. This clause is typically included in contracts to provide a mechanism for resolving disagreements between the contracting parties. By submitting a claim under this clause, the contractor is initiating a formal process to seek resolution for the dispute. This may involve presenting evidence, attending hearings, and ultimately receiving a decision from a neutral third party, such as a mediator or arbitrator.

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30.

After accrual of a claim, what is the maximum amount of time within which contractor claims must be submitted to the contracting officer (CO), unless contracting parties agreed to a shorter period of time?
- A.
  
  30 days.
- B.
  
  180 days.
- C.
  
  2 years.
- D.
  
  6 years.
Correct Answer
D. 6 years.

Explanation
Contractor claims must be submitted to the contracting officer within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter period of time. This means that the contractor has a maximum of 6 years to submit their claim for consideration and potential resolution.

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31.

Who is responsible for reviewing the contracting officer’s (CO) final decision on claims exceeding $500,000 prior to sending the decision to the contractor?
- A.
  
  Functional area chief.
- B.
  
  US Court of Federal Claims.
- C.
  
  Air Force Legal Operations Agency, Commercial Law and Litigation Directorate.
- D.
  
  Armed Services Board of Contract Appeals.
Correct Answer
C. Air Force Legal Operations Agency, Commercial Law and Litigation Directorate.

Explanation
The Air Force Legal Operations Agency, Commercial Law and Litigation Directorate is responsible for reviewing the contracting officer's final decision on claims exceeding $500,000 prior to sending the decision to the contractor. They are specifically tasked with handling commercial law and litigation matters within the Air Force, which includes reviewing and processing claims.

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32.

If the contracting officer (CO) decides the contractor should be compensated for a claim, when is the amount paid to the contractor?
- A.
  
  With final contract payment.
- B.
  
  With the next scheduled contract payment.
- C.
  
  As soon as possible after resolution of any appeal.
- D.
  
  As soon as possible without waiting for any appeal.
Correct Answer
D. As soon as possible without waiting for any appeal.

Explanation
The correct answer is "As soon as possible without waiting for any appeal." This means that once the contracting officer decides that the contractor should be compensated for a claim, the amount will be paid to the contractor without any delay or waiting for any appeal process to be completed. This ensures that the contractor receives the compensation promptly and does not have to go through any additional delays or legal proceedings.

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33.

How long after receiving the contracting officer’s (CO) final decision does the contractor have to appeal to the Armed Services Board of Contract Appeals (ASBCA)?
- A.
  
  90 days.
- B.
  
  180 days.
- C.
  
  6 months.
- D.
  
  12 months.
Correct Answer
A. 90 days.

Explanation
The contractor has 90 days to appeal to the Armed Services Board of Contract Appeals (ASBCA) after receiving the contracting officer's (CO) final decision. This means that they must submit their appeal within this time frame if they wish to challenge the decision.

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34.

Upon learning of an appeal to the Armed Services Board of Contract Appeals (ASBCA), the contracting officer must comply with Rule 4 of the ASBCA rules found in
- A.
  
  Air Force Federal Acquisition Regulation Supplement (AFFARS), Appendix AA.
- B.
  
  Defense Federal Acquisition Regulation Supplement (DFARS), Appendix A.
- C.
  
  AFFARS, Appendix CC.
- D.
  
  DFARS, Appendix C.
Correct Answer
B. Defense Federal Acquisition Regulation Supplement (DFARS), Appendix A.

Explanation
The correct answer is Defense Federal Acquisition Regulation Supplement (DFARS), Appendix A. This is because Rule 4 of the ASBCA rules is found in DFARS, Appendix A, which outlines the procedures for appeals to the ASBCA. AFFARS and its appendices are specific to the Air Force, so it would not be the correct answer in this context. Similarly, AFFARS Appendix CC and DFARS Appendix C are not mentioned as containing the relevant rule for appeals to the ASBCA.

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35.

The two most common techniques of alternative dispute resolutions (ADR) are
- A.
  
  Mitigation and controversy hearings.
- B.
  
  Mediation and controversy hearings.
- C.
  
  Mitigation and arbitration.
- D.
  
  Mediation and arbitration.
Correct Answer
D. Mediation and arbitration.

Explanation
Mediation and arbitration are the two most common techniques of alternative dispute resolution (ADR). Mediation involves a neutral third party (mediator) who facilitates communication and negotiation between the parties involved in a dispute, aiming to reach a mutually acceptable solution. On the other hand, arbitration involves a neutral third party (arbitrator) who listens to both sides of the dispute and makes a binding decision, similar to a court judgment. Both mediation and arbitration provide alternative methods to resolve disputes outside of traditional litigation.

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36.

The two most common types of funding documents are the
- A.
  
  Department of Defense (DD) Form 1588 and DD Form 448.
- B.
  
  Air Force (AF) Form 9 and AF Form 55.
- C.
  
  DD Form 448 and AF Form 9.
- D.
  
  AF Form 988 and AF Form 911.
Correct Answer
C. DD Form 448 and AF Form 9.

Explanation
The correct answer is DD Form 448 and AF Form 9. This is because the question is asking for the two most common types of funding documents, and DD Form 448 and AF Form 9 are the only options that include both a DD Form and an AF Form. The other options either include two DD Forms or two AF Forms, which are not the most common types of funding documents.

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37.

Where would a contracting officer (CO) find guidance on the use of a military interdepartmental purchase request (MIPR)?
- A.
  
  Federal Acquisition Regulation (FAR) Part 1.
- B.
  
  Air Force Instruction (AFI) 65–118.
- C.
  
  FAR Part 32.
- D.
  
  AFI 36–2903.
Correct Answer
B. Air Force Instruction (AFI) 65–118.
38.

The funding document authorizing the purchase of the required service or supply must be signed by the
- A.
  
  Contracting officer (CO).
- B.
  
  Signature authority.
- C.
  
  CO responsible.
- D.
  
  Customer.
Correct Answer
B. Signature authority.

Explanation
The correct answer is "signature authority" because the funding document, which authorizes the purchase of the required service or supply, needs to be signed by someone who has the authority to do so. This person is typically referred to as the "signature authority." The contracting officer (CO) may be responsible for overseeing the procurement process, but it is the signature authority who ultimately signs off on the funding document. The customer may have input or requirements for the purchase, but they are not the ones responsible for signing the funding document.

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39.

The Bona-Fide Need Rule requires current year funds be obligated
- A.
  
  Prior to expiration of the funds.
- B.
  
  As necessary to meet mission requirements.
- C.
  
  For the purpose the funds are authorized for.
- D.
  
  In the same year the government will use the supplies or services.
Correct Answer
D. In the same year the government will use the supplies or services.

Explanation
The Bona-Fide Need Rule states that funds must be obligated in the same year that the government intends to use the supplies or services. This means that the funds cannot be carried over to the next fiscal year and must be used within the current year. This rule ensures that funds are used efficiently and in a timely manner to meet the government's mission requirements.

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40.

What act is violated when an organization obligates more funds than are available?
- A.
  
  Procurement Act.
- B.
  
  Anti-Deficiency Act.
- C.
  
  Misappropriations Act.
- D.
  
  Continuing Appropriations Act.
Correct Answer
B. Anti-Deficiency Act.

Explanation
The Anti-Deficiency Act is violated when an organization obligates more funds than are available. This act prohibits federal agencies from spending more money than Congress has appropriated for a specific purpose. It aims to ensure fiscal responsibility and prevent overspending by government agencies. Violating the Anti-Deficiency Act can result in penalties, including fines, imprisonment, or removal from office.

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41.

What appropriation category may be used to fund minor military construction projects under $1,000,000?
- A.
  
  Research, development, test and evaluation (RDT&E).
- B.
  
  Operations and maintenance (O&M).
- C.
  
  Military construction (MILCON).
- D.
  
  Procurement.
Correct Answer
B. Operations and maintenance (O&M).

Explanation
Operations and maintenance (O&M) is the appropriate category to fund minor military construction projects under $1,000,000. This category covers the ongoing activities and expenses required to operate and maintain military facilities and infrastructure. It includes repairs, renovations, and minor construction projects necessary to keep the facilities in good working condition. The other options, such as Research, development, test and evaluation (RDT&E), Military construction (MILCON), and Procurement, are not specifically designated for funding minor construction projects.

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42.

Operations and maintenance (O&M) and military personnel (MILPERS) funds are both categorized as what type of appropriation?
- A.
  
  Annual.
- B.
  
  No-year.
- C.
  
  Continuing.
- D.
  
  Multiple-year.
Correct Answer
A. Annual.

Explanation
Operations and maintenance (O&M) and military personnel (MILPERS) funds are both categorized as annual appropriations. This means that these funds are authorized and allocated on a yearly basis and must be spent within the fiscal year they are appropriated for. Annual appropriations provide funds for the day-to-day operations and maintenance of military facilities and equipment, as well as for the salaries and benefits of military personnel. These funds are typically subject to annual budgeting and approval processes by the government.

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43.

What appropriations account code identifies operations and maintenance (O&M) funds?
- A.
  
  3300.
- B.
  
  3400.
- C.
  
  3500.
- D.
  
  3600.
Correct Answer
B. 3400.

Explanation
The correct answer is 3400. The question is asking for the appropriations account code that identifies operations and maintenance (O&M) funds. The code 3400 is the correct answer because it specifically designates O&M funds. The other options (3300, 3500, and 3600) do not specifically identify O&M funds.

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44.

How many years are military construction appropriations available for expenditure?
- A.
  
  1.
- B.
  
  2.
- C.
  
  3.
- D.
  
  5.
Correct Answer
D. 5.

Explanation
Military construction appropriations are available for expenditure for a period of five years. This means that the funds allocated for military construction projects can be used within a five-year timeframe. After this period, any unspent funds may need to be returned or reallocated. This time limit ensures that the funds are used efficiently and effectively for the intended purposes of military construction.

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45.

Nonappropriated funds (NAF) are generated through
- A.
  
  Taxpayer dollars.
- B.
  
  The Appropriations Act.
- C.
  
  Enabling and Procedural Acts.
- D.
  
  Morale, Welfare, and Recreation facilities.
Correct Answer
D. Morale, Welfare, and Recreation facilities.

Explanation
Nonappropriated funds (NAF) are generated through Morale, Welfare, and Recreation facilities. These facilities, such as gyms, clubs, and recreational activities, generate revenue through user fees, sales, and other sources. NAF funds are separate from taxpayer dollars and are used to support quality of life programs and services for military personnel and their families.

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46.

What part of the federal acquisition regulation (FAR) determines whether to include contract financing through progress payments?
- A.
  
  Part 30.
- B.
  
  Part 31.
- C.
  
  Part 32.
- D.
  
  Part 33.
Correct Answer
C. Part 32.

Explanation
Part 32 of the Federal Acquisition Regulation (FAR) determines whether to include contract financing through progress payments. This part specifically addresses contract financing policies and procedures, including progress payments. It outlines the criteria and requirements for determining when progress payments should be included in a contract.

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47.

What type of payment is made for partial delivery of commercial items?
- A.
  
  Performance-based.
- B.
  
  Progress.
- C.
  
  Advance.
- D.
  
  Delivery.
Correct Answer
D. Delivery.

Explanation
The correct answer is Delivery because when commercial items are partially delivered, the payment is typically made for the delivered portion. This means that the payment is based on the actual delivery of the goods or services, rather than being made in advance or based on the progress of the work. The payment is made after each delivery is made, reflecting the completion of a portion of the overall contract.

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48.

What must the contracting officer (CO) issue to the contractor to show that funds are available?
- A.
  
  Notice to proceed.
- B.
  
  Air Force Form 9, Request for Purchase.
- C.
  
  Notice in writing that funds are available.
- D.
  
  Verbal message stating funds are available.
Correct Answer
C. Notice in writing that funds are available.

Explanation
The contracting officer (CO) must issue a notice in writing to the contractor to show that funds are available. This is important to ensure transparency and accountability in the contracting process. It provides a documented proof that the necessary funds have been allocated for the project or contract, allowing the contractor to proceed with confidence. This written notice serves as a formal communication between the CO and the contractor, ensuring that both parties are aware of the availability of funds and can proceed accordingly.

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49.

Whose job is it to ensure the local contracting program effectively meets customer needs while complying with all applicable statutes, executive orders, regulations, and Air Force instructions (AFIs)?
- A.
  
  Director of business operations (DBO).
- B.
  
  Contracting squadron commander.
- C.
  
  Plans and programs flight chief.
- D.
  
  Contracting superintendent.
Correct Answer
B. Contracting squadron commander.

Explanation
The contracting squadron commander is responsible for ensuring that the local contracting program effectively meets customer needs while complying with all applicable statutes, executive orders, regulations, and Air Force instructions (AFIs). As the commander of the contracting squadron, they have the authority and oversight to ensure that the program operates efficiently and in accordance with all legal and regulatory requirements. This includes coordinating with various stakeholders, managing resources, and making strategic decisions to meet customer needs and comply with applicable guidelines.

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50.

Which position is responsible for managing small business and other socio-economic programs?
- A.
  
  Contracting superintendent.
- B.
  
  Contracting squadron commander.
- C.
  
  Director of business operations (DBO).
- D.
  
  Management analysis and support flight chief.
Correct Answer
C. Director of business operations (DBO).

Explanation
The Director of Business Operations (DBO) is responsible for managing small business and other socio-economic programs. This position oversees the day-to-day operations of the business, including financial management, budgeting, and strategic planning. They work closely with other departments and stakeholders to ensure the smooth running of the organization and the successful implementation of various programs. The DBO plays a crucial role in ensuring the growth and sustainability of the business by identifying opportunities, mitigating risks, and making informed decisions.

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6c051 Edit Code 2 Vol 1

Which statement identifies the various forms of acts Congress uses to control government contracting?

What agency’s objective is to provide aid and counseling to small businesses?

In the principal-agent relationship, which party is the contractor?

Express actual authority is created by

A characteristic of implied authority is that it is

Estoppel means to prevent

The elements of equitable estoppel include all of the following except the

Which statement about the offeree is correct?

When no time is stated, an offer continues

An offeror’s withdrawal of an offer before acceptance is called a

Which of these is an example of rejecting an offer?

If the offeror expresses time, place, and means of communication,

What are the two types of mistakes that the law recognizes as excusing performance?

What is the name given to the exchange of promises?

What is meant by adequate consideration?

For a contract to be enforceable, its terms must be clear enough to permit

What is meant by the term “competent” in regards to a contracting party?

As a general rule, a contract that violates a statute is

What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority?

Which situation would preclude a ratification?

Business clearance for noncompetitive contract actions is the approval to

For competitive acquisitions conducted without discussion, approval by the clearance approval authority is needed for the source selection authority (SSA) to

A government action may be protested by

Protests are made to

Which Federal Acquisition Regulation Part prescribes actions required upon receipt of protests?

When an agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within five days after a debriefing date, the contracting officer immediately

How many days does Government Accountability Office (GAO) have to issue its recommendation on a protest?

What document provides findings, recommendations, and any additional information necessary to assist the Government Accountability Office (GAO) in determining the merits of a protest?

What action may the contractor take when a dispute cannot be resolved by mutual agreement of the contracting parties?

After accrual of a claim, what is the maximum amount of time within which contractor claims must be submitted to the contracting officer (CO), unless contracting parties agreed to a shorter period of time?

Who is responsible for reviewing the contracting officer’s (CO) final decision on claims exceeding $500,000 prior to sending the decision to the contractor?

If the contracting officer (CO) decides the contractor should be compensated for a claim, when is the amount paid to the contractor?

How long after receiving the contracting officer’s (CO) final decision does the contractor have to appeal to the Armed Services Board of Contract Appeals (ASBCA)?

Upon learning of an appeal to the Armed Services Board of Contract Appeals (ASBCA), the contracting officer must comply with Rule 4 of the ASBCA rules found in

The two most common techniques of alternative dispute resolutions (ADR) are

The two most common types of funding documents are the

Where would a contracting officer (CO) find guidance on the use of a military interdepartmental purchase request (MIPR)?

The funding document authorizing the purchase of the required service or supply must be signed by the

The Bona-Fide Need Rule requires current year funds be obligated

What act is violated when an organization obligates more funds than are available?

What appropriation category may be used to fund minor military construction projects under $1,000,000?

Operations and maintenance (O&M) and military personnel (MILPERS) funds are both categorized as what type of appropriation?

What appropriations account code identifies operations and maintenance (O&M) funds?

How many years are military construction appropriations available for expenditure?

Nonappropriated funds (NAF) are generated through

What part of the federal acquisition regulation (FAR) determines whether to include contract financing through progress payments?

What type of payment is made for partial delivery of commercial items?

What must the contracting officer (CO) issue to the contractor to show that funds are available?

Whose job is it to ensure the local contracting program effectively meets customer needs while complying with all applicable statutes, executive orders, regulations, and Air Force instructions (AFIs)?

Which position is responsible for managing small business and other socio-economic programs?