6C051A Pretest Vol 1-3

143 Questions | By 9cons | Updated: Mar 20, 2022 | Attempts: 178

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Pretest for 6C051A Volumes 1-3. Collection of UREs

Questions and Answers

1.

(001) What act simplified the procurement of any item estimated at less than $100,000 and added the micro-purchase threshold of $2,500?
- A.
  
  Federal Acquisition Streamling Act
- B.
  
  Armed Services Procurement Act
- C.
  
  Truth in Negotiations Act
- D.
  
  Miller Act
2.

(002) What agency’s objective is to provide aid and counseling to small businesses?
- A.
  
  Small Business Administration
- B.
  
  Department of Labor
- C.
  
  General Services Administration
- D.
  
  Committee for Purchase from the Blind
3.

(003) When a government contract is ambiguous, interpretation is normally construed against the
- A.
  
  Buyer
- B.
  
  Contractor
- C.
  
  Government
- D.
  
  Contracting officer
4.

(003) If a government official clarifies an ambiguous contract, the contractor is entitled to
- A.
  
  Reject the contract
- B.
  
  Perform at a price reduction
- C.
  
  Rely on the clarification
- D.
  
  Disagree with the clarification
5.

(003) Which is a correct statement concerning sovereign power?
- A.
  
  It is limited to the power expressly delegated to the United States by the Constitution.
- B.
  
  It is limited to the power found under Article II, Section Eight of the Constitution.
- C.
  
  It is limited to the power found under the Bill of Rights.
- D.
  
  It is the supreme, absolute, and uncontrollable power by which any independent state is governed.
6.

(003) The elements of the government’s dual capacity are
- A.
  
  Contractor and sovereign
- B.
  
  Proprietary and sovereign
- C.
  
  Contractor and contracting officer (CO)
- D.
  
  Proprietary and contracting officer (CO)
7.

(003) As a general rule, what is the government’s status as a party to a contract? The government
- A.
  
  Has a dual capacity––that of a party to the contract and as a sovereign.
- B.
  
  Acts only as a sovereign.
- C.
  
  Acts only as a party to the contract.
- D.
  
  Has impunity to affect the rights of the contractor through all of its direct sovereign acts.
8.

(003) On which type contract can the government be sued?
- A.
  
  Negotiated and expressed
- B.
  
  Implied-in-law, expressed, and negotiated
- C.
  
  Negotiated and implied
- D.
  
  Implied-in-fact and expressed
9.

(003) The government cannot be sued on a claim brought on which type contract?
- A.
  
  Express
- B.
  
  Implied-in-fact
- C.
  
  Implied-in-law
- D.
  
  Bilateral
10.

(003) State law is generally not applied in federal procurement cases since
- A.
  
  Federal courts have no jurisdiction to decide matters of federal procurement.
- B.
  
  State courts have no jurisdiction to decide matters of federal procurement.
- C.
  
  Only administrative matters are heard in federal courts.
- D.
  
  State law has no application in federal law.
11.

(004) In the principal-agent relationship, which party acts on behalf of another party?
- A.
  
  Principal.
- B.
  
  Agent.
- C.
  
  Third party.
- D.
  
  Principal, agent and third party.
12.

(004) Which party is the contractor?
- A.
  
  Principal.
- B.
  
  Agent.
- C.
  
  Third party.
- D.
  
  Agent and third party.
13.

(005) What are the two categories of actual authority?
- A.
  
  Implied and assumed.
- B.
  
  Implied and apparent.
- C.
  
  Express and implied.
- D.
  
  Express and apparent.
14.

(005) Express actual authority is created by
- A.
  
  Explicit language in writing or orally 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 conduct of the agent.
15.

(005) Which is characteristic of implied authority?
- A.
  
  It is created by explicit language either in writing or orally.
- B.
  
  Minor details are spelled out in oral or written authority.
- C.
  
  It is defined in specific terms.
- D.
  
  It is necessary or incidental to carrying out the express authority.
16.

(006) When government personnel make a mistake, the US Supreme Court has stated that rather than adopt a rule that might injure the public, it is better
- A.
  
  For an individual to occasionally suffer from the mistakes.
- B.
  
  The government should suffer from their mistakes.
- C.
  
  The individual and the government share the suffering from the mistakes.
- D.
  
  Neither party should suffer from the mistakes.
17.

(006) Who is responsible for ascertaining whether government agents are acting within the bounds of their authority?
- A.
  
  The agent.
- B.
  
  The government.
- C.
  
  The contractor.
- D.
  
  The contracting officer (CO).
18.

(007) Estoppel means to restrain
- A.
  
  A person from doing what they are legally entitled to do.
- B.
  
  A contractor from filing a claim based on apparent authority.
- C.
  
  A person to prevent him from contradicting his own previous assertion.
- D.
  
  The government from acting as an agent for the contractor.
19.

(008) When selecting contracting officers (CO), what does the appointing authority consider?
- A.
  
  Overall presence of authority.
- B.
  
  Compatibility with existing members of the organization.
- C.
  
  Complexity and dollar value of the acquisition.
- D.
  
  Compatibility with the largest customers.
20.

(008) A contracting officer (CO) appointment must be reviewed at least
- A.
  
  Annually.
- B.
  
  Every three years.
- C.
  
  Every five years.
- D.
  
  When requested by the appointing authority.
21.

(008) Which statement is true concerning the contracting officer’s (CO) appointment or termination?
- A.
  
  Termination of a contracting officer (CO) may be retroactive if in the best interest of the government.
- B.
  
  In no event will the termination of a contracting officer (CO) be retroactive.
- C.
  
  There is no authority to waive the qualification requirements for contracting officers (CO) as stated in the selection criteria.
- D.
  
  Termination of a contracting officer (CO) appointment is made verbally unless the Certificate of Appointment contains a provision for automatic termination.
22.

(009) What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority?
- A.
  
  Ratification.
- B.
  
  Unauthorized commitment.
- C.
  
  Contract dispute.
- D.
  
  Unpriced purchase order.
23.

(009) What action may be taken for a nonratifiable commitment?
- A.
  
  Process of claim under the Disputes Act.
- B.
  
  Charge to the individual who committed the unauthorized commitment.
- C.
  
  Request of a no-cost settlement from the contractor.
- D.
  
  Resolution by the Government Accountability Office (GAO) claim procedures.
24.

(010) For a contract to be enforceable, its terms must be clear enough to permit the
- A.
  
  Courts to interpret the duties and obligations to be performed by either party.
- B.
  
  Contractor to interpret the duties and obligations to be performed by either party.
- C.
  
  Government to interpret the duties and obligations to be performed by either party.
- D.
  
  Parties to interpret their own duties and obligations to be performed.
25.

(011) When no time is stated, how long will an offer continue?
- A.
  
  Until the expiration of a reasonable time.
- B.
  
  Until acceptance takes place.
- C.
  
  Indefinitely.
- D.
  
  30 days.