1.
Which statement identifies the Various forms of acts Congress uses to control Gov't contracting?
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 the government to enter into contracts, procedural acts establish the rules and procedures for government contracting, authorization acts provide the legal basis for specific government contracts, and appropriations acts allocate funds for government contracts.
2.
What agency's objective is to provide aid and counseling to small businesses?
Correct Answer
C. Small business Administration
Explanation
The Small Business Administration's objective is to provide aid and counseling to small businesses. They offer resources and support to help small businesses start, grow, and succeed. This agency aims to assist small business owners with access to capital, business training, government contracting opportunities, and disaster assistance. They also provide counseling and guidance on various topics such as business planning, marketing, and financial management.
3.
Which party is the contractor?
Correct Answer
C. Third Party
Explanation
The correct answer is "Third Party" because a contractor is a person or organization that is hired to perform work or provide services for another party, known as the principal. In this scenario, the contractor is not an agent of the principal, but rather a separate entity that is contracted to carry out specific tasks or services.
4.
What are the two categories of actual authority?
Correct Answer
C. Express and implied
Explanation
Express authority refers to the authority that is explicitly given to an individual through written or verbal communication. It is clear and specific, leaving no room for interpretation. Implied authority, on the other hand, is not directly stated but is understood to be necessary for carrying out the tasks or responsibilities assigned. It is derived from the nature of the position or role held by the individual. Therefore, express and implied authority are the two categories of actual authority.
5.
When Gov't personell make a mistake, the US Supreme Court has stated that rather than adopt a rule that might injure the public, it is better
Correct Answer
C. For an individual to occasionally suffer from the mistakes
Explanation
The US Supreme Court has stated that when government personnel make a mistake, it is better for an individual to occasionally suffer from the mistakes. This means that instead of adopting a rule that might harm the public or placing the burden solely on the government, it is more reasonable to accept that individuals may sometimes face the consequences of government mistakes. This approach ensures a balance between protecting the public and acknowledging that mistakes can happen.
6.
Who is responsible for ascertaining whether gov't agents are acting within the bounds of their authority?
Correct Answer
C. The Contractor
Explanation
The contractor is responsible for ascertaining whether government agents are acting within the bounds of their authority. This means that it is the contractor's duty to ensure that the government agents are following the rules and regulations set forth by their authority. The contractor is accountable for monitoring the actions of the government agents and making sure that they are not exceeding their authority or engaging in any unauthorized activities.
7.
The elements of equitable estoppel include all of the following except the
Correct Answer
D. Contractor did not reasonably and innocently rely on the acts of the gov't
Explanation
Equitable estoppel is a legal doctrine that prevents one party from denying or asserting a right after leading another party to believe in the existence of that right. The elements of equitable estoppel typically include: the government knew or should have known the true facts, the government intended that the contractor rely on acts of the government, and the contractor did not know and should not have known the true facts. The incorrect element in this case is that the contractor did not reasonably and innocently rely on the acts of the government. This means that the contractor must have relied on the government's acts in a reasonable and innocent manner for equitable estoppel to apply.
8.
Cases filed under the doctrine of estoppel are generall decided on the issue of
Correct Answer
B. Whether the contractor acted reasonably and innocently
Explanation
Cases filed under the doctrine of estoppel are generally decided on the issue of whether the contractor acted reasonably and innocently. Estoppel is a legal principle that prevents a person from asserting a claim or right that contradicts what they previously stated or agreed upon. In this context, if a contractor acted reasonably and innocently based on the information provided by the government, they may be protected under estoppel. This means that even if the contractor would have otherwise benefited from the action or the government acted in the public's interest, the key factor in deciding the case is whether the contractor acted reasonably and innocently.
9.
A CO appointment must be reviewed at least
Correct Answer
B. Every two years
Explanation
A CO appointment must be reviewed every two years to ensure that the individual appointed is still qualified and suitable for the position. This regular review helps to maintain the integrity and effectiveness of the appointment process. It allows for any changes in the appointee's qualifications or circumstances to be assessed and addressed in a timely manner. Additionally, it provides an opportunity for the appointing authority to evaluate the performance and conduct of the CO, ensuring that they continue to meet the requirements and expectations of the role.
10.
Which statement concerning the CO's appointment or termination is true?
Correct Answer
A. In no event will the termination of a CO be retroactive
Explanation
The correct answer states that in no event will the termination of a CO be retroactive. This means that once a CO's appointment is terminated, it will not be applied retroactively from a past date. The termination will only be effective from the date it is officially terminated. This ensures that any actions or decisions made by the CO during their appointment remain valid and unaffected by the termination.
11.
Which statement about the offeree is correct?
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 identified in whom the power of acceptance is vested. The offeror cannot direct the offer to more than one person, and only the intended offeree has the ability to accept the offer.
12.
Which statement about an offer is correct?
Correct Answer
C. C. The offer must be so definite that the performance to be rendered by each party is reasonably
certain.
13.
(001) An offeror’s withdrawal of an offer before acceptance is called a
a. cancellation.
Correct Answer
C. C. revocation.
Explanation
When an offeror withdraws their offer before it is accepted, it is referred to as a revocation. This means that the offer is no longer available for acceptance by the offeree. Cancellation refers to the termination of a contract after it has been accepted, termination is the ending of a contract by either party, and breach of contract occurs when one party fails to fulfill their obligations under the contract.
14.
14. (001) Which statement about communicating acceptance of a contract is true?
Correct Answer
A. 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
The correct answer is a. If the time, place, and means of communication are expressed by the offeror, no other time, place, or means will constitute an acceptance. This means that if the offeror specifies how and when the acceptance should be communicated, the offeree must adhere to those specifications for the acceptance to be valid. Any other time, place, or means of communication would not be considered as an acceptance.
15.
15. (001) What is the name given to the exchange of promises?
Correct Answer
D. D. Consideration.
Explanation
Consideration is the name given to the exchange of promises. In a contract, consideration refers to something of value that is given in exchange for a promise or performance. It can be a payment, a promise to do something, or a promise to refrain from doing something. Consideration is an essential element of a legally binding contract as it ensures that both parties have provided something of value and have entered into the agreement willingly. Therefore, the correct answer is d. Consideration.
16.
16. (001) What is meant by adequate consideration?
Correct Answer
D. D. The consideration in the exchange is a fair bargain.
Explanation
Adequate consideration refers to a fair bargain or exchange in a contract. It means that the consideration provided by one party is of equal value to the consideration provided by the other party. In other words, both parties receive something of equal worth in the exchange, ensuring fairness in the transaction.
17.
17. (001) What is meant by the term “competent” in regards to a contracting party?
Correct Answer
D. D. Having the mental capacity to understand the intent to be bound.
Explanation
The term "competent" in regards to a contracting party means that the individual has the mental capacity to understand the intent to be bound. This means that they are capable of comprehending the terms and consequences of a contract and are able to make informed decisions regarding their participation in the contract. It is important for a contracting party to be competent in order for the contract to be legally valid and enforceable.
18.
18. (001) Which individual would be considered competent to enter into a contract?
Correct Answer
A. 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. Age and mental capacity are important factors in determining competence to enter into a contract. The other options - a 17-year-old college student, a 25-year-old intoxicated person, and a 50-year-old patient in a mental institution - may have limitations in their ability to understand the terms and consequences of a contract, thus making them less likely to be considered competent.
19.
19. (001) As a general rule, a contract that violates a statute is
Correct Answer
C. C. unlawful and void and will not be enforced.
Explanation
A contract that violates a statute is considered unlawful and void, meaning it has no legal effect and will not be enforced by the courts. This is because statutes are laws enacted by the government, and any contract that goes against these laws is not valid. Therefore, parties cannot rely on the contract to enforce their rights or obligations.
20.
20. (001) Under the clean hands doctrine, an individual may enforce an illegal contract when
Correct Answer
D. D. the innocent party to the contract is in the class of persons for whom the law is designed to
protect.
Explanation
The clean hands doctrine allows an individual to enforce an illegal contract if they are the innocent party and belong to the class of persons that the law is designed to protect. This means that even though the contract may be illegal, the innocent party can still seek enforcement if they are within a group that the law aims to safeguard. This exception is made to prevent unjust outcomes and ensure that individuals who are meant to be protected by the law are not unfairly disadvantaged.
21.
21. (001) Which situation would preclude a ratification?
Correct Answer
A. A. Government not obtaining a benefit from the performance.
Explanation
Ratification is the act of approving or confirming an unauthorized commitment made by a government employee. In order for ratification to occur, the government must have obtained a benefit from the performance. If the government did not receive any benefit from the performance, there would be no reason to ratify the unauthorized commitment. Therefore, this situation would preclude ratification.
22.
22. (001) What action may be taken for a nonratifiable commitment?
Correct Answer
D. D. Resolution by the GAO claim procedures.
23.
23. (002) What publications series represents Contracting?
Correct Answer
C. C. 64.
24.
24. (002) Which AFI defines the roles and responsibilities of positions within the operational
contracting squadron?
Correct Answer
B. B. AFI 64-102.
Explanation
AFI 64-102 is the correct answer because it specifically addresses the roles and responsibilities of positions within the operational contracting squadron. AFI 38-101 pertains to the Air Force organization, while AFI 65-109 relates to financial management. AFPD 64-1 is a policy directive for contracting. Therefore, AFI 64-102 is the most relevant AFI for defining the roles and responsibilities within the operational contracting squadron.
25.
25. (002) FAR is issued under the joint authority of the
Correct Answer
A. A. Administrator of General Services, the Secretary of Defense, and the Administrator of the
NASA.
Explanation
The correct answer is a. The Federal Acquisition Regulation (FAR) is issued under the joint authority of the Administrator of General Services, the Secretary of Defense, and the Administrator of NASA. This means that these three entities have the power and responsibility to issue and maintain the FAR, which governs the acquisition process for the federal government.
26.
26. (002) What councils prepare all FAR revisions?
Correct Answer
B. B. DAR Council and the CAA Council.
Explanation
The DAR Council and the CAA Council are responsible for preparing all FAR revisions.
27.
27. (002) What is meant by implementing FAR?
Correct Answer
C. C. Providing agency procedures to carry out the prescriptions in FAR.
Explanation
Implementing FAR refers to providing agency procedures to carry out the prescriptions in FAR. This means that when implementing FAR, the agency is responsible for creating and implementing its own procedures that align with the regulations and guidelines outlined in FAR. This ensures that the agency is able to effectively carry out the requirements and objectives set forth in FAR.
28.
28. (002) Which DFARS reference identifies supplemental information?
Correct Answer
B. B. 219.502–2–70.
Explanation
DFARS reference 219.502-2-70 is the correct answer because it specifically identifies supplemental information. The other options do not mention supplemental information.
29.
29. (002) DFARS is updated
Correct Answer
C. C. quarterly.
Explanation
DFARS stands for Defense Federal Acquisition Regulation Supplement. It is a set of regulations that supplements the Federal Acquisition Regulation (FAR) and provides specific guidelines and requirements for defense contracts. DFARS is regularly updated to incorporate changes in laws, policies, and procedures. The correct answer is c. quarterly, indicating that DFARS is updated every three months. This ensures that the regulations remain current and reflect any changes in the defense acquisition process.
30.
30. (002) In determining the action to take in a specific case requiring a contract adjustment, the
Comptroller General Decisions are referred to and used as
Correct Answer
D. D. precedents.
Explanation
The Comptroller General Decisions are referred to and used as precedents in determining the action to take in a specific case requiring a contract adjustment. This means that previous decisions made by the Comptroller General in similar cases are used as a basis or guideline for making decisions in the current case. These decisions serve as examples or precedents that help inform and guide the decision-making process.
31.
31. (002) Where are short briefs of new Comptroller General Decisions located?
Correct Answer
A. A. Federal Register.
Explanation
Short briefs of new Comptroller General Decisions are located in the Federal Register. The Federal Register is a daily publication that provides information on proposed and final rules, notices of meetings, and other federal agency actions. It serves as a public record of the decisions made by government agencies, including the Comptroller General. Therefore, the correct answer is a. Federal Register.
32.
32. (003) A government action may be protested by
Correct Answer
B. B. an interested party.
Explanation
An interested party refers to any individual or organization that has a stake or concern in a particular government action. This could include competitors, stakeholders, or community members who may be directly or indirectly affected by the action. They may protest the action if they believe it to be unfair, unjust, or against their interests.
33.
33. (003) Once an agency is notified by telephone that a protest has been filed, the agency (under
most circumstances) has how many days to submit a complete report to GAO?
Correct Answer
B. B. 30.
Explanation
Once an agency is notified by telephone that a protest has been filed, the agency has 30 days to submit a complete report to GAO.
34.
34. (003) When an agency receives notice of a protest from GAO within 10 days after contract award
or within five days after a debriefing date, the contracting officer immediately
Correct Answer
C. C. suspends performance or terminates the awarded contract.
Explanation
When an agency receives notice of a protest from 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 because the protest raises concerns about the validity of the contract, and the agency wants to ensure that no further work is done until the protest is resolved. Suspending performance or terminating the contract allows the agency to avoid potential legal and financial complications.
35.
35. (003) How many days does an interested party have to protest after the basis of a protest is
known, or should have been known?
Correct Answer
A. A. No later than 10 days.
Explanation
An interested party has a maximum of 10 days to protest after they become aware of the basis of the protest or should have become aware of it. This time limit ensures that protests are made in a timely manner and allows for prompt resolution of any issues that may arise. Waiting longer than 10 days could potentially hinder the process and cause unnecessary delays.
36.
36. (003) How many days does GAO have to issue its recommendation on a protest?
Correct Answer
C. C. 100.
Explanation
The Government Accountability Office (GAO) has 100 days to issue its recommendation on a protest. This means that once a protest is filed, the GAO has a maximum of 100 days to review the case and provide its recommendation. This timeframe allows for a thorough examination of the protest and ensures that a timely decision is made.
37.
37. (003) What action may the contractor take when a dispute cannot be resolved by mutual
agreement of the contracting parties?
Correct Answer
B. B. Submit a claim under the Disputes clause.
Explanation
When a dispute cannot be resolved by mutual agreement, the contractor may submit a claim under the Disputes clause. This clause is typically included in government contracts and provides a mechanism for resolving disputes between the contracting parties. By submitting a claim under this clause, the contractor is initiating a formal process to seek resolution and potentially receive compensation for any damages or losses incurred. This is often the next step when informal negotiations have failed to reach a resolution.
38.
38. (003) Contractor claims must be submitted to the CO for a decision within
Correct Answer
D. D. six years after accrual of the claim.
Explanation
Contractor claims must be submitted to the CO for a decision within six years after accrual of the claim. This means that contractors have a significant amount of time to submit their claims for consideration and resolution. It allows for potential delays or complications that may arise during the claims process. Additionally, it ensures that contractors have ample opportunity to gather all necessary evidence and documentation to support their claim before submitting it for a decision.
39.
39. (003) Who is responsible for reviewing the contracting officer’s final decision on claims
exceeding $100,000 prior to sending the decision to the contractor?
Correct Answer
C. C. Air Force Material Command Law Center.
Explanation
The Air Force Material Command Law Center is responsible for reviewing the contracting officer's final decision on claims exceeding $100,000 before sending the decision to the contractor. This suggests that the Air Force Material Command Law Center has the authority and expertise to ensure that the decision is legally sound and in compliance with relevant regulations and policies.
40.
40. (003) If the contracting officer decides the contractor should be compensated for a claim, when is
the amount paid to the contractor?
Correct Answer
D. D. As soon as possible without waiting for any appeal.
Explanation
The correct answer is d. 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 avoids any unnecessary delays in payment.
41.
41. (003) How long after the contracting officer’s final decision does the contractor have to appeal to
ASBCA?
Correct Answer
A. A. 90 days from the receipt of the contracting officer’s decision.
Explanation
The contractor has 90 days from the receipt of the contracting officer's decision to appeal to ASBCA.
42.
42. (003) Upon learning of an appeal to ASBCA, the contracting officer must comply with Rule 4 of
the ASBCA rules found in
Correct Answer
B. B. DFARS Appendix A.
Explanation
The correct answer is b. DFARS Appendix A. The Defense Federal Acquisition Regulation Supplement (DFARS) provides guidance and procedures for contracting officers in the Department of Defense. Appendix A specifically addresses the Armed Services Board of Contract Appeals (ASBCA) and outlines the rules that must be followed when an appeal is made to the ASBCA. Therefore, upon learning of an appeal to ASBCA, the contracting officer must comply with Rule 4 of the ASBCA rules found in DFARS Appendix A.
43.
43. (003) Two techniques of ADR are
Correct Answer
D. D. mediation and arbitration.
Explanation
The correct answer is d. mediation and arbitration. Mediation is a technique of alternative dispute resolution (ADR) where a neutral third party helps the parties involved in a dispute to reach a mutually acceptable agreement. Arbitration, on the other hand, is a process where a neutral third party, called an arbitrator, reviews the evidence and makes a decision that is legally binding on the parties. Therefore, both mediation and arbitration are techniques used in ADR to resolve disputes outside of the traditional court system.
44.
44. (004) Which government requirement is violated when the wrong “color of money” is used?
Correct Answer
D. D. Misappropriations Act.
Explanation
When the wrong "color of money" is used, it means that funds are being used for a purpose other than what they were originally designated for. The "color of money" refers to the specific appropriation or funding source that is allocated for a particular program or project. The Misappropriations Act is violated when funds are used in a manner that is inconsistent with the purpose for which they were appropriated. This means that using the wrong "color of money" violates the Misappropriations Act.
45.
45. (004) What act is violated when an organization obligates more funds than are available?
Correct Answer
B. 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 making expenditures or entering into contracts that exceed the amount of funds appropriated by Congress. It is designed to ensure that government agencies operate within their budgetary limits and prevent overspending. Violating the Anti-Deficiency Act can result in penalties and legal consequences.
46.
46. (004) The Bona-Fide Need rule requires current year funds be obligated
Correct Answer
D. D. in the same year the government will use the supplies or services.
Explanation
The Bona-Fide Need rule states that current year funds must be obligated in the same year that the government plans to use the supplies or services. This means that the funds cannot be carried over to the following year and must be used within the fiscal year they were allocated for. This rule ensures that funds are used in a timely manner and prevents unnecessary accumulation of funds.
47.
47. (004) O&M funds are categorized as what type of appropriation?
Correct Answer
B. B. Annual.
Explanation
O&M funds are categorized as annual appropriations because they are intended to cover the costs of operating and maintaining facilities and equipment for a specific fiscal year. These funds are allocated on a yearly basis and must be used within that fiscal year. Unlike no-year or continuing appropriations, O&M funds do not carry over from one year to the next. Multiple year appropriations, on the other hand, are used for projects that span multiple fiscal years and are not typically used for O&M expenses.
48.
48. (004) NAFs are generated through
Correct Answer
D. D. Morale, Welfare and Recreational facilities.
49.
49. (004) Who directs the overall operation of NAF services facilities at an installation?
Correct Answer
B. B. Force Support Squadron Commander.
Explanation
The Force Support Squadron Commander directs the overall operation of NAF services facilities at an installation. This includes overseeing the management and delivery of services such as dining facilities, fitness centers, lodging, and recreation programs. They are responsible for ensuring that these facilities meet the needs of the installation's personnel and contribute to their well-being and quality of life. The Mission Support Group Commander is responsible for a broader range of support functions, while the Contracting Squadron Commander and NAF contracting officer are not directly involved in the operation of NAF services facilities.
50.
50. (004) What part of FAR determines whether to include contract financing through progress
payments?
Correct Answer
C. C. Part 32.
Explanation
Part 32 of the FAR determines whether to include contract financing through progress payments. This part specifically addresses contract financing, including progress payments, and provides guidance on the criteria for determining when progress payments are appropriate and how they should be structured. It outlines the requirements for progress payment clauses in contracts and the procedures for administering progress payments.