6C051A Pretest Vol 1-3

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  • 1/143 Questions

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

    • Small Business Administration
    • Department of Labor
    • General Services Administration
    • Committee for Purchase from the Blind
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About This Quiz

The '6C051A Pretest Vol 1-3' assesses knowledge on government contracting, focusing on procurement laws, contract interpretation, and the dual capacity of government. It is ideal for learners seeking to understand the legal frameworks and administrative responsibilities in government contracting.

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  • 2. 

    (005) Express actual authority is created by

    • Explicit language in writing or orally 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 conduct of the agent.

    Correct Answer
    A. Explicit language in writing or orally from the principal to the agent.
    Explanation
    Express actual authority is created when the principal explicitly communicates their authority to the agent, either through written or oral means. This means that the principal clearly states what actions the agent is authorized to take on their behalf. This type of authority is based on direct communication and is the most straightforward and easily understood form of authority. It ensures that both the principal and the agent are aware of the agent's powers and responsibilities.

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  • 3. 

    (014) Which individual would be considered competent to enter into a contract?

    • A 25-year-old intoxicated person.

    • A 50-year-old patient in a mental institution.

    • A 23-year-old car salesperson.

    • A 17-year-old college student.

    Correct Answer
    A. A 23-year-old car salesperson.
    Explanation
    A 23-year-old car salesperson would be considered competent to enter into a contract because they are of legal age and presumed to have the mental capacity to understand and fulfill the obligations of a contract. The fact that they are employed as a car salesperson suggests that they have the necessary knowledge and experience to engage in contractual agreements related to their profession.

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  • 4. 

    (205) Unnecessarily short or difficult delivery schedules tend to

    • Restrict competition.

    • Provide better service to the customer.

    • Result in lower prices since only larger business can meet them.

    • Make it easier for small business to compete since they are usually local.

    Correct Answer
    A. Restrict competition.
    Explanation
    Unnecessarily short or difficult delivery schedules tend to restrict competition because only larger businesses with the resources and infrastructure to meet these demands can participate. Smaller businesses, especially local ones, may not have the capacity to fulfill such requirements, thereby limiting their ability to compete in the market. This creates a barrier to entry for new and smaller players, ultimately reducing competition.

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  • 5. 

    (210) One of the biggest advantages to purchasing items estimated at less than $2,500 from a Government Services Administration (GSA) contract is that

    • You can be sure you are getting the lowest price available.

    • The price has already been determined fair and reasonable.

    • Competition has already been determined unavailable by GSA.

    • Only one other contractor must be contacted for competition.

    Correct Answer
    A. The price has already been determined fair and reasonable.
    Explanation
    When purchasing items estimated at less than $2,500 from a Government Services Administration (GSA) contract, one of the biggest advantages is that the price has already been determined fair and reasonable. This means that buyers can be confident that they are getting a good deal and not overpaying for the items. The GSA has already assessed the prices and determined them to be fair, which saves buyers the time and effort of negotiating or comparing prices with other vendors.

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  • 6. 

    (211) If the contracting officer receives only one acceptable offer from a responsible small business concern in response to a small business set-aside, what action should the contracting officer take?

    • Resolicit on an unrestricted basis.

    • Withdraw the small business set-aside.

    • Award to the responding small business.

    • Consult with the customer to modify the requirement.

    Correct Answer
    A. Award to the responding small business.
    Explanation
    If the contracting officer receives only one acceptable offer from a responsible small business concern in response to a small business set-aside, the appropriate action would be to award the contract to the responding small business. This is because the purpose of a small business set-aside is to provide opportunities for small businesses to compete for government contracts. If the contracting officer determines that the offer is acceptable and the small business is responsible, it would be in line with the set-aside requirements to award the contract to them.

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  • 7. 

    (212) If the contracting officer suspects, or has information to indicate, that the price received from a contractor on a micro-purchase may not be reasonable, the contracting officer should

    • Cancel the solicitation.

    • Take actions to verify price reasonableness.

    • Report the contractor to the Better Business Bureau.

    • Report the contractor to the Zero-Overpricing Board.

    Correct Answer
    A. Take actions to verify price reasonableness.
    Explanation
    If the contracting officer suspects or has information indicating that the price received from a contractor on a micro-purchase may not be reasonable, they should take actions to verify price reasonableness. This means that they should conduct further investigation or analysis to ensure that the price offered by the contractor is fair and competitive. This could involve comparing the price to similar purchases, obtaining additional quotes, or utilizing other methods to determine if the price is reasonable.

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  • 8. 

    (401) Micro-purchase is acquisition of supplies and services with a total amount that does not exceed

    • $1,000.

    • $1,500.

    • $2,000.

    • $2,500.

    Correct Answer
    A. $2,500.
    Explanation
    A micro-purchase is the acquisition of supplies and services with a total amount that does not exceed $2,500. This means that any purchase below this amount can be considered a micro-purchase.

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  • 9. 

    (406) Which type of contract should be used to procure precious metals?

    • Fixed-price.

    • Firm-fixed-price.

    • Fixed-price with economic price adjustment.

    • Fixed-price with retroactive price determination.

    Correct Answer
    A. Fixed-price with economic price adjustment.
    Explanation
    A fixed-price contract with economic price adjustment should be used to procure precious metals. This type of contract allows for adjustments to be made to the contract price based on changes in specified economic factors, such as inflation or fluctuations in market prices. Since the price of precious metals can be volatile and subject to market changes, using a fixed-price contract with economic price adjustment provides flexibility to both the buyer and the seller in ensuring a fair and reasonable price for the procurement of precious metals.

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  • 10. 

    (408) Ordinarily, what option is given to the contractor because of a notice of rejection for nonconformance?

    • Subtract cost of nonconforming supplies from invoice.

    • Request government return of nonconforming supplies to vendor.

    • Correct or replace any nonconforming supplies at a discount to the government.

    • Correct or replace any nonconforming supplies at no additional cost to the government.

    Correct Answer
    A. Correct or replace any nonconforming supplies at no additional cost to the government.
    Explanation
    When a notice of rejection for nonconformance is given, the contractor is typically required to correct or replace any nonconforming supplies at no additional cost to the government. This means that the contractor is responsible for fixing or replacing the supplies that do not meet the required standards without charging the government any extra fees. This ensures that the government receives the conforming supplies it originally contracted for without incurring any additional expenses.

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  • 11. 

    (409) The Federal Acquisition Streamlining Act (FASA) requires that contracting officers

    • Only accept commercial warranties with the customers written approval.

    • Only accept commercial warranties provided there is no cost to the government.

    • Take advantage of commercial warranties offered to the maximum extent practicable.

    • Consider commercial warranties as being unnecessary because of quality control procedures.

    Correct Answer
    A. Take advantage of commercial warranties offered to the maximum extent practicable.
    Explanation
    The correct answer is "take advantage of commercial warranties offered to the maximum extent practicable." This is because the Federal Acquisition Streamlining Act (FASA) requires contracting officers to make use of commercial warranties as much as possible. This means that if commercial warranties are available and appropriate for a particular procurement, the contracting officer should utilize them to the fullest extent feasible.

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  • 12. 

    (410) A contract action that changes or alters the agreement between the parties of a contract is called

    • A solicitation.

    • An acceptance.

    • A modification.

    • A pen and ink change.

    Correct Answer
    A. A modification.
    Explanation
    A contract action that changes or alters the agreement between the parties of a contract is called a modification. This refers to any amendment or adjustment made to the terms, conditions, or provisions of the original contract. It can involve changes to pricing, delivery schedules, scope of work, or any other aspect of the agreement. A modification allows the parties to adapt the contract to new circumstances or address any issues that may have arisen since the contract was initially formed.

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  • 13. 

    (410) The two types of contract modifications are

    • Unilateral and bilateral.

    • Change and administrative.

    • No cost change and bilateral.

    • Termination and supplemental.

    Correct Answer
    A. Unilateral and bilateral.
    Explanation
    Contract modifications can occur in two ways: unilaterally and bilaterally. Unilateral modifications involve only one party making changes to the contract without the agreement or consent of the other party. Bilateral modifications, on the other hand, require both parties to agree and make changes to the contract. Therefore, the correct answer is unilateral and bilateral.

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  • 14. 

    (001) What act simplified the procurement of any item estimated at less than $100,000 and added the micro-purchase threshold of $2,500?

    • Federal Acquisition Streamling Act

    • Armed Services Procurement Act

    • Truth in Negotiations Act

    • Miller Act

    Correct Answer
    A. Federal Acquisition Streamling Act
    Explanation
    The correct answer is the Federal Acquisition Streamlining Act. This act simplified the process of procuring items estimated at less than $100,000 and introduced the micro-purchase threshold of $2,500. It aimed to streamline and expedite the procurement process for smaller purchases, making it more efficient and cost-effective for the government.

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  • 15. 

    (003) As a general rule, what is the government’s status as a party to a contract? The government

    • Has a dual capacity––that of a party to the contract and as a sovereign.

    • Acts only as a sovereign.

    • Acts only as a party to the contract.

    • Has impunity to affect the rights of the contractor through all of its direct sovereign acts.

    Correct Answer
    A. Has a dual capacity––that of a party to the contract and as a sovereign.
    Explanation
    The government's status as a party to a contract is that it has a dual capacity, acting both as a party to the contract and as a sovereign. This means that the government can enter into contracts like any other party, but it also has the authority and power of a sovereign entity, which may impact the rights and obligations of the contractor.

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  • 16. 

    (008) When selecting contracting officers (CO), what does the appointing authority consider?

    • Overall presence of authority.

    • Compatibility with existing members of the organization.

    • Complexity and dollar value of the acquisition.

    • Compatibility with the largest customers.

    Correct Answer
    A. Complexity and dollar value of the acquisition.
    Explanation
    The appointing authority considers the complexity and dollar value of the acquisition when selecting contracting officers. This means that they take into account the level of difficulty and the monetary value of the acquisition in order to choose the most suitable individual for the role.

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  • 17. 

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

    • Ratification.

    • Unauthorized commitment.

    • Contract dispute.

    • Unpriced purchase order.

    Correct Answer
    A. Unauthorized commitment.
    Explanation
    When someone other than the contracting officer (CO) tries to make an agreement without the authority, it is considered an unauthorized commitment. This means that the person does not have the legal authority to enter into a contract on behalf of the organization. Unauthorized commitments can lead to contract disputes and may require ratification by the appropriate authority to become valid. An unpriced purchase order refers to a purchase order that does not specify the price, while a contract dispute refers to a disagreement between parties regarding the terms or performance of a contract.

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  • 18. 

    (405) Options are evaluated by

    • Considering only the cost of the basic year and awarding to the lowest bid.

    • Adding the total price for all options to the total price for the basic requirement.

    • Adding 10 percent of the total price for the basic requirement to the price for the basic requirement.

    • Adding 12 percent of the total price for the basic requirement to the price for the basic requirement.

    Correct Answer
    A. Adding the total price for all options to the total price for the basic requirement.
    Explanation
    The correct answer is adding the total price for all options to the total price for the basic requirement. This means that the cost of all options is included in the evaluation process, along with the cost of the basic requirement. By considering the total price for all options, the evaluation ensures that all costs are taken into account when determining the lowest bid.

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  • 19. 

    (407) When the government cannot predetermine (within stated limits) the precise quantities of supplies or services that will be required during the contract period, the contracting officer would use a

    • Requirements contract.

    • Firm-fixed-price contract.

    • Definite-quantity contract.

    • Indefinite-quantity contract.

    Correct Answer
    A. Indefinite-quantity contract.
    Explanation
    When the government cannot predetermine the precise quantities of supplies or services that will be required during the contract period, the contracting officer would use an indefinite-quantity contract. This type of contract allows for the government to order an indefinite quantity of supplies or services, within stated limits, as needed throughout the contract period. It provides flexibility in terms of quantity and allows for adjustments based on changing needs or requirements.

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  • 20. 

    (410) When a contractor has failed to make delivery or cure a delinquency, and has not justified the delay, the contracting officer should

    • Negotiate a modification to extend the performance period.

    • Take appropriate action to cancel or terminate the order if in the government’s best interest.

    • Send a delinquency notice to the contractor by certified mail and extend performance 10 calendar days.

    • Take no action until the contractor is delinquent 15 work days for priorities and 30 work days for routine orders.

    Correct Answer
    A. Take appropriate action to cancel or terminate the order if in the government’s best interest.
    Explanation
    When a contractor has failed to make delivery or cure a delinquency, and has not justified the delay, the contracting officer should take appropriate action to cancel or terminate the order if in the government's best interest. This means that if the contractor is unable to fulfill their obligations and has not provided a valid reason for the delay, the contracting officer has the authority to cancel or terminate the order to protect the government's interests.

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  • 21. 

    (020) What is meant by implementing the Federal Acquisition Regulation (FAR)?

    • Adding material that is unique to the Department of Defense (DOD).

    • Providing agency procedures to carry out the prescriptions in the Federal Acquisition Regulation (FAR).

    • Numbering when the text cannot be integrated intelligibly with its Federal Acquisition Regulation (FAR) counterparts.

    • Adding material that is unique to the Air Force.

    Correct Answer
    A. Providing agency procedures to carry out the prescriptions in the Federal Acquisition Regulation (FAR).
    Explanation
    The correct answer is providing agency procedures to carry out the prescriptions in the Federal Acquisition Regulation (FAR). This means that implementing the FAR involves establishing specific procedures within an agency to ensure compliance with the regulations outlined in the FAR. These procedures help guide the agency's acquisition processes and ensure that they align with the requirements and guidelines set forth in the FAR.

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  • 22. 

    (206) What type of contracting instrument would have the letter “M” in the ninth position of the procurement instrument identification number (PIIN)?

    • Automated request for quotation.

    • Manual request for quotation.

    • Automated purchase order.

    • Manual purchase order.

    Correct Answer
    A. Manual purchase order.
    Explanation
    A manual purchase order would have the letter "M" in the ninth position of the procurement instrument identification number (PIIN). This indicates that the purchase order was manually generated and not automated.

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  • 23. 

    (410) Who has the authority to execute contract modifications on behalf of the government?

    • The contracting officer or his or her representative.

    • The appointed quality assurance evaluator or inspector.

    • Only the contracting officer that signed the original contract.

    • Contracting officers acting within the scope of their authority.

    Correct Answer
    A. Contracting officers acting within the scope of their authority.
    Explanation
    The correct answer is contracting officers acting within the scope of their authority. Contract modifications are changes made to an existing contract, and it is the responsibility of the contracting officer to execute these modifications on behalf of the government. The contracting officer has the authority to negotiate and make changes to contracts, as long as they are within the scope of their authority. This means that they have the power to modify contracts within the limits set by their position and the applicable laws and regulations.

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  • 24. 

    (410) Unilateral modifications are allowed for no cost amended shipping instructions to a unilateral purchase order and for

    • Definitizing sole source letter contracts over $25,000.

    • Making equitable adjustments resulting from partial terminations.

    • The first modification against an order if issued within 30 days of the original contract.

    • Any change made before work begins if the change is within the scope of the original order.

    Correct Answer
    A. Any change made before work begins if the change is within the scope of the original order.
    Explanation
    Unilateral modifications refer to changes made by one party without the agreement or consent of the other party. According to the given options, any change made before work begins, as long as it is within the scope of the original order, is allowed without any cost. This means that if the change requested falls within the agreed scope of work and is made before any work has started, it can be modified unilaterally without incurring any additional costs.

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  • 25. 

    (003) When a government contract is ambiguous, interpretation is normally construed against the

    • Buyer

    • Contractor

    • Government

    • Contracting officer

    Correct Answer
    A. Government
    Explanation
    When a government contract is ambiguous, interpretation is normally construed against the government. This means that if there is any ambiguity or uncertainty in the contract language, it will be interpreted in favor of the party that did not draft the contract, which in this case is the government. This principle is based on the idea that the government, as the party with more resources and expertise, should bear the responsibility for any ambiguities in the contract.

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  • 26. 

    (003) If a government official clarifies an ambiguous contract, the contractor is entitled to

    • Reject the contract

    • Perform at a price reduction

    • Rely on the clarification

    • Disagree with the clarification

    Correct Answer
    A. Rely on the clarification
    Explanation
    If a government official clarifies an ambiguous contract, the contractor is entitled to rely on the clarification. This means that the contractor can trust and depend on the clarification provided by the government official in order to understand the terms and conditions of the contract. By relying on the clarification, the contractor can proceed with confidence, knowing that they have a clear understanding of their obligations and rights under the contract.

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  • 27. 

    (003) The elements of the government’s dual capacity are

    • Contractor and sovereign

    • Proprietary and sovereign

    • Contractor and contracting officer (CO)

    • Proprietary and contracting officer (CO)

    Correct Answer
    A. Proprietary and sovereign
    Explanation
    The correct answer is proprietary and sovereign. In the context of the government's dual capacity, proprietary refers to the government acting as a business entity, engaging in commercial activities and transactions. Sovereign refers to the government acting as the ultimate authority and having the power to make and enforce laws. This dual capacity allows the government to both engage in business activities and exercise its authority as a governing body.

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  • 28. 

    (012) Which statement is true concerning communicating acceptance of a contract?

    • If the time, place, and means of communication are expressed by the offeror, no other time, place, or means will constitute an acceptance.

    • The offer cannot dictate the place or manner of acceptance.

    • Acceptance must be in writing.

    • Acceptance must be communicated by the US mail.

    Correct Answer
    A. If the time, place, and means of communication are expressed by the offeror, no other time, place, or means will constitute an acceptance.
    Explanation
    If the offeror specifies the time, place, and means of communication for accepting a contract, then the acceptance must be made in accordance with those specifications. No other time, place, or means of communication will be considered as a valid acceptance. This means that the offeror has the power to dictate the terms of acceptance and the offeree must adhere to them in order for the acceptance to be valid.

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  • 29. 

    (012) The term “mutual assent” indicates the

    • Offer be communicated in an authorized mode.

    • Acceptance be in the mode prescribed by the offer.

    • Parties involved intend that a contract be formed.

    • Offer and acceptance be viewed subjectively.

    Correct Answer
    A. Parties involved intend that a contract be formed.
    Explanation
    The term "mutual assent" refers to the intention of the parties involved to form a contract. It means that both parties have a shared understanding and agreement to be legally bound by the terms of the contract. This is important because for a contract to be valid, there must be a meeting of the minds between the parties involved. So, the correct answer is that "parties involved intend that a contract be formed."

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  • 30. 

    (016) Which is not a function of the contracting superintendent?

    • Managing the self-inspection program.

    • Appointment of contracting officers (CO).

    • Advisor to commander on enlisted issues.

    • Military career advisor.

    Correct Answer
    A. Appointment of contracting officers (CO).
    Explanation
    The contracting superintendent is responsible for managing the self-inspection program, serving as an advisor to the commander on enlisted issues, and acting as a military career advisor. However, the appointment of contracting officers (CO) is not a function of the contracting superintendent. This task is typically carried out by higher-level authorities or personnel with the appropriate authority and expertise in contracting.

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  • 31. 

    (205) The government may recoup some or all of its probable damages caused by delayed delivery or performance of the contractor by invoking the

    • Liquidated damages clause.

    • Accumulated damages clause.

    • Variations in quantities clause.

    • Delivery of excess quantities clause.

    Correct Answer
    A. Liquidated damages clause.
    Explanation
    The correct answer is the liquidated damages clause. This clause allows the government to recover some or all of the damages it may have suffered due to delayed delivery or performance by the contractor. The liquidated damages clause specifies a predetermined amount of damages that the contractor will be liable to pay in case of such delays. This helps to ensure that the government is compensated for any losses incurred as a result of the contractor's failure to meet the agreed-upon delivery or performance timelines.

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  • 32. 

    (206) FAR Subpart 4.8 establishes procedures for maintaining contract files to ensure uniformity from one activity to another. Why is this important?

    • Resolve all conflicts between the government and the contractor.

    • Ensure the government will not be found at fault in the case of litigation.

    • Provide protection for the contracting officer by holding the government responsible for contracting actions.

    • Ensure all documents regarding contract actions are kept in conformance with agency regulations for file location and maintenance.

    Correct Answer
    A. Ensure all documents regarding contract actions are kept in conformance with agency regulations for file location and maintenance.
    Explanation
    Maintaining contract files in accordance with agency regulations ensures that all documents related to contract actions are organized and easily accessible. This is important because it promotes uniformity across different activities, allows for efficient management of contracts, and facilitates transparency and accountability. It also helps in meeting legal and regulatory requirements, aids in audits and reviews, and provides a record of the contracting process for future reference.

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  • 33. 

    (208) The approval granted by a determination and finding is restricted to

    • Contracting actions of the same type.

    • Only the items purchased within the same class.

    • Proposed contract actions described in that determination and finding.

    • Applicable classification of items recognized by the contracting officer.

    Correct Answer
    A. Proposed contract actions described in that determination and finding.
    Explanation
    The approval granted by a determination and finding is restricted to the proposed contract actions described in that determination and finding. This means that the approval is specific to the contract actions that have been outlined and detailed in the determination and finding document. It does not extend to other types of contracting actions, items purchased within the same class, or the applicable classification of items recognized by the contracting officer. The approval is limited to the specific contract actions that have been proposed and described in the determination and finding.

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  • 34. 

    (404) The contracting officer shall ensure that each blanket purchase agreement is reviewed at least

    • Quarterly.

    • Annually.

    • Biannually.

    • On an as required basis.

    Correct Answer
    A. Annually.
    Explanation
    The correct answer is annually. The contracting officer is responsible for reviewing each blanket purchase agreement on a yearly basis. This ensures that the agreements are up to date and in compliance with any changes in regulations or requirements. Regular reviews help to identify any issues or discrepancies and allow for necessary adjustments or modifications to be made. By conducting annual reviews, the contracting officer can maintain effective control over the blanket purchase agreements and ensure their continued effectiveness.

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  • 35. 

    (406) What types of contracts are authorized for the acquisition of commercial items?

    • Cost reimbursement and firm-fixed price.

    • Fixed-price incentive and cost plus award fee.

    • Firm-fixed-price and fixed price contracts with EPA.

    • Level-of-effort term contracts and cost-plus-award-fee.

    Correct Answer
    A. Firm-fixed-price and fixed price contracts with EPA.
  • 36. 

    (407) A definite-quantity contract may be used when it can be determined in advance that a definite quantity of supplies or services will be required during the contract period and

    • Customers want to schedule their own delivery.

    • Adequate funds are not available at time of award.

    • The contractor has previous experience with this type of contract.

    • The supplies or services are regularly available or will be available after a short-lead time.

    Correct Answer
    A. The supplies or services are regularly available or will be available after a short-lead time.
    Explanation
    A definite-quantity contract may be used when the supplies or services are regularly available or will be available after a short-lead time. This means that the contractor can reliably provide the required quantity of supplies or services within the specified contract period. This option is suitable when the customer wants to schedule their own delivery and there is no concern about the availability of the supplies or services. It does not depend on the availability of funds at the time of award or the contractor's previous experience with this type of contract.

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  • 37. 

    (409) The implied warranty of merchantability provides that an item

    • Can be repaired by any authorized merchant that sells the product.

    • Will endure normal wear and tear for at least one year from receipt.

    • Is reasonably fit for the ordinary purposes for which such items are used.

    • Has undergone quality assurance testing procedures by the manufacturer.

    Correct Answer
    A. Is reasonably fit for the ordinary purposes for which such items are used.
    Explanation
    The implied warranty of merchantability ensures that a product is reasonably fit for its intended purpose. This means that the product should be able to perform its ordinary functions and meet the expectations of the average consumer. It does not guarantee that the product will last a specific amount of time or that it has been tested for quality assurance. Instead, it focuses on the product's ability to fulfill its intended use.

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  • 38. 

    (413) Data transfer, storage, and retrieval procedures must record and reproduce the original document completely, accurately, and clearly. In addition, the procedures must

    • Protect the original data from alteration.

    • Be acceptable as evidence in a court of law.

    • Reduce the amount of material to be stored.

    • Be cheaper to store than the original documents.

    Correct Answer
    A. Protect the original data from alteration.
    Explanation
    The correct answer is "protect the original data from alteration". This is because data transfer, storage, and retrieval procedures should ensure that the original document is not modified or tampered with. This is important to maintain the integrity and authenticity of the data. Additionally, protecting data from alteration is crucial for legal purposes, as the procedures should be acceptable as evidence in a court of law. The other options mentioned in the question, such as reducing material storage or being cheaper to store, are not directly related to the requirement of protecting data from alteration.

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  • 39. 

    (003) State law is generally not applied in federal procurement cases since

    • Federal courts have no jurisdiction to decide matters of federal procurement.

    • State courts have no jurisdiction to decide matters of federal procurement.

    • Only administrative matters are heard in federal courts.

    • State law has no application in federal law.

    Correct Answer
    A. State courts have no jurisdiction to decide matters of federal procurement.
    Explanation
    In federal procurement cases, state law is generally not applied because state courts do not have the jurisdiction to decide matters related to federal procurement. Federal procurement falls under the jurisdiction of federal courts, and therefore state courts do not have the authority to make decisions in these cases.

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  • 40. 

    (005) What are the two categories of actual authority?

    • Implied and assumed.

    • Implied and apparent.

    • Express and implied.

    • Express and apparent.

    Correct Answer
    A. Express and implied.
    Explanation
    The two categories of actual authority are express and implied. Express authority is explicitly granted to an individual through written or verbal communication. Implied authority, on the other hand, is not explicitly granted but is reasonably necessary to carry out the individual's duties or responsibilities.

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  • 41. 

    (011) Which of these is an example of rejecting an offer?

    • Allowing the acceptance period to expire.

    • Having no intention of being bound.

    • Proposing a counter offer.

    • Delaying performance.

    Correct Answer
    A. 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 what was originally proposed. By making a counter offer, the person is indicating that they are not willing to accept the initial offer as it stands and are instead proposing their own terms for consideration. This shows a rejection of the original offer and a desire to negotiate different terms.

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  • 42. 

    (022) The requirements of the Defense Industrial Security Program (DISP) would apply to which of the following contracts?

    • SAP.

    • Classified.

    • Sole source.

    • Competitive.

    Correct Answer
    A. Classified.
    Explanation
    The requirements of the Defense Industrial Security Program (DISP) would apply to classified contracts. Classified contracts involve sensitive information that needs to be protected and secured to maintain national security. The DISP ensures that contractors handling classified information meet the necessary security requirements and protocols.

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  • 43. 

    (215) When, in response to a solicitation for commercial items, a contractor proposes more than one product that will meet a government need, the contracting officer shall

    • Reject all offers as nonresponsive.

    • Evaluate each product as a separate offer.

    • Review all offers and select only the best value for evaluation.

    • Evaluate the low bid and return other proposals to the contractor.

    Correct Answer
    A. Evaluate each product as a separate offer.
    Explanation
    When a contractor proposes more than one product that will meet a government need in response to a solicitation for commercial items, the contracting officer is required to evaluate each product as a separate offer. This means that each proposed product will be assessed individually to determine its suitability and value for the government's needs. This ensures fairness and allows for a comprehensive evaluation of all proposed products before making a decision.

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  • 44. 

    (215) If the government issues an order resulting from a quotation, when may the government withdraw, amend, or cancel its offer?

    • At any time before acceptance occurs.

    • At any time the contracting officer determines it is necessary.

    • If requested by the customer within 5 business days after acceptance.

    • If requested by the contractor within 5 business days after acceptance.

    Correct Answer
    A. At any time before acceptance occurs.
    Explanation
    The correct answer is "At any time before acceptance occurs." This means that the government can withdraw, amend, or cancel its offer at any point before the other party accepts the offer. Once acceptance occurs, the offer becomes a binding contract and cannot be easily changed or cancelled. Therefore, the government has the flexibility to make changes or withdraw the offer until it is accepted by the other party.

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  • 45. 

    (402) When you are making a purchase using the Standard Form 44, Purchase Order—Invoice Voucher (Storage Safeguard Form), all of the following conditions must be satisfied except

    • Wartime conditions are present.

    • One delivery and one payment will be made.

    • Supplies or services are immediately available.

    • It is the most economical and efficient simplified acquisition method.

    Correct Answer
    A. Wartime conditions are present.
    Explanation
    When making a purchase using the Standard Form 44, all of the following conditions must be satisfied except wartime conditions are present. The Standard Form 44, Purchase Order-Invoice Voucher, is a simplified acquisition method that is used for making purchases. It requires one delivery and one payment to be made, and the supplies or services being purchased must be immediately available. Additionally, it is considered to be the most economical and efficient method. However, wartime conditions being present is not a requirement for using this form.

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  • 46. 

    (409) Why are contractors required to mark supplies, or otherwise furnish notice with the supplies, of the existence of the warranty?

    • Inform government personnel who store, stock or use the supplies.

    • Decrease the cost of repair or replacement of defective supplies.

    • Inform government personnel responsible for contract award.

    • Decrease cost of shipping insurance.

    Correct Answer
    A. Inform government personnel who store, stock or use the supplies.
    Explanation
    Contractors are required to mark supplies, or otherwise furnish notice with the supplies, of the existence of the warranty in order to inform government personnel who store, stock, or use the supplies. This ensures that the government personnel are aware of the warranty and can take appropriate action if the supplies are found to be defective. It helps in maintaining accountability and facilitating timely repairs or replacements if needed.

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  • 47. 

    (410) Which action should a contracting officer take to accomplish an administrative change?

    • Change order.

    • Bilateral modification.

    • Unilateral modification.

    • Supplemental agreement.

    Correct Answer
    A. Unilateral modification.
    Explanation
    A contracting officer should take the action of a unilateral modification to accomplish an administrative change. This means that the contracting officer can make the change without the consent or agreement of the other party involved in the contract. It allows the contracting officer to modify the terms and conditions of the contract, such as extending the delivery date or changing the payment terms, without requiring the other party's approval. This type of modification is often used for minor changes or administrative adjustments that do not significantly impact the overall contract.

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  • 48. 

    (014) If the competency of a corporation is drawn into question, the contracting officer (CO) should call the

    • Secretary of state where the contractor resides, does business, or is incorporated.

    • Secretary of state where the base is located and does local procurement.

    • US secretary of state.

    • US Department of Commerce.

    Correct Answer
    A. Secretary of state where the contractor resides, does business, or is incorporated.
    Explanation
    The correct answer is "Secretary of state where the contractor resides, does business, or is incorporated." When the competency of a corporation is questioned, the contracting officer should contact the Secretary of state in the relevant jurisdiction. This is because the Secretary of state is responsible for maintaining corporate records and can provide information about the contractor's legal status, business operations, and any relevant licenses or certifications. This information is crucial for the contracting officer to assess the contractor's ability to fulfill the contract requirements.

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  • 49. 

    (015) As a general rule, a contract that violates a statute is

    • Lawful if not challenged with 120 days.

    • Lawful only to the party who made the offer.

    • Unlawful and void and will not be enforced.

    • Unlawful but may be enforced under some situations.

    Correct Answer
    A. Unlawful and void and will not be enforced.
    Explanation
    A contract that violates a statute is considered unlawful and void, meaning it is not legally binding and will not be enforced by the courts. This is because statutes are laws enacted by the government and have the force of law. When a contract violates a statute, it goes against the legal requirements set forth by the government and is therefore invalid. As a result, the contract cannot be enforced and the parties involved cannot rely on it to protect their rights or obligations.

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  • Current Version
  • Mar 20, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Dec 12, 2011
    Quiz Created by
    9cons

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