6c051 CDC Volume 1 Final Exam

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6c051 CDC Volume 1 Final Exam - Quiz

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Questions and Answers
  • 1. 

    A CO appointment must be reviewed at least...

    • A.

      Annually

    • B.

      Every two years

    • C.

      Every five years

    • D.

      When requested by the appointing authority

    Correct Answer
    B. Every two years
    Explanation
    A CO appointment must be reviewed at least every two years to ensure that the individual appointed is still suitable and qualified for the position. This regular review helps to maintain the integrity and effectiveness of the appointment process by allowing for any necessary updates or changes to be made. It also ensures that the appointing authority has the opportunity to reassess the individual's performance and suitability for the role on a periodic basis.

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  • 2. 

    A government action may be protest by...

    • A.

      The next low bidder.

    • B.

      An interested party.

    • C.

      All responsible bidders.

    • D.

      The next low small business bidder.

    Correct Answer
    B. An interested party.
    Explanation
    An interested party can protest a government action because they have a direct stake or concern in the outcome. This could include individuals or organizations that are affected by the action or have a vested interest in the decision-making process. They may have specific knowledge or expertise related to the action and believe that their concerns or objections have not been adequately addressed. As such, they have the right to raise their voice and protest the government action.

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  • 3. 

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

    • A.

      Cancellation.

    • B.

      Termination.

    • C.

      Revocation.

    • D.

      Breach of contract.

    Correct Answer
    C. Revocation.
    Explanation
    Revocation refers to the act of an offeror withdrawing their offer before it is accepted. This means that the offer is no longer valid and cannot be accepted by the offeree. Cancellation typically refers to the termination of an existing agreement or contract, while termination refers to the ending of a contract or agreement by either party. Breach of contract, on the other hand, occurs when one party fails to fulfill their obligations under a contract. Therefore, revocation is the most appropriate term to describe the withdrawal of an offer before acceptance.

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  • 4. 

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

    • A.

      Lawful if not challenged within 120 days.

    • B.

      Lawful only to the party who made the offer.

    • C.

      Unlawful and void and will not be enforced.

    • D.

      Unlawful but may be enforced under some situations.

    Correct Answer
    C. Unlawful and void and will not be enforced.
    Explanation
    A contract that violates a statute is unlawful and void and will not be enforced. This means that if a contract goes against any laws or regulations, it is considered invalid and cannot be enforced by a court of law. This is because contracts are meant to be legally binding agreements, and if they violate the law, they are not considered valid agreements. Therefore, any party involved in such a contract cannot rely on it to enforce their rights or obligations.

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  • 5. 

    Cases filed under the doctrine of estoppel are generally decided on the issue of...

    • A.

      Whether the government acted in the public's interest.

    • B.

      Whether the contractor acted reasonably and innocently.

    • C.

      Who would otherwise have had authority to release the information.

    • D.

      Whether the contractor would have otherwise benefited from the action.

    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 have previously stated or done. In this context, if a contractor has acted reasonably and innocently, it means that they have acted in good faith and without any intention to deceive or harm the other party. This is an important factor in determining whether estoppel should be applied in the case.

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  • 6. 

    Contractor Claims must be submitted to the CO for a decision within...

    • A.

      30 days after accrual of the claim.

    • B.

      180 days after accrual of the claim.

    • C.

      Two years after accrual of the claim.

    • D.

      Six years after accrual of the claim.

    Correct Answer
    D. Six years after accrual of the claim.
    Explanation
    Contractor claims must be submitted to the CO (Contracting Officer) for a decision within six years after accrual of the claim. This means that contractors have a six-year window from the time the claim accrues to submit it to the CO for a decision. This timeframe allows contractors to properly evaluate and prepare their claims before submitting them for a decision. It also provides a reasonable amount of time for the CO to review and make a decision on the claim.

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  • 7. 

    DFARS is updated...

    • A.

      Daily.

    • B.

      Monthly.

    • C.

      Quarterly.

    • D.

      Annually.

    Correct Answer
    C. Quarterly.
    Explanation
    DFARS stands for Defense Federal Acquisition Regulation Supplement, which is a set of regulations that govern the acquisition process within the Department of Defense (DoD). These regulations are periodically updated to reflect changes in laws, policies, and procedures. Updating them on a daily basis would be too frequent and time-consuming, while updating them on a monthly basis might not be timely enough to address important changes. Updating them annually would also be insufficient as it may not keep up with the evolving needs of the defense industry. Therefore, updating DFARS on a quarterly basis strikes a balance between keeping the regulations up to date and allowing for efficient implementation.

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  • 8. 

    FAR is issued under the joint authority of the...

    • A.

      Administrator of General Services, the Secretary of Defense, and the administrator of the NASA.

    • B.

      Administrator of General Services, the National Security Council, and the Administrator of NASA.

    • C.

      Administrator of General Services, the National Security Council, and the Secretary of Defense.

    • D.

      Secretary of Defense, the Administrator of NASA, and the National Security Council.

    Correct Answer
    A. Administrator of General Services, the Secretary of Defense, and the administrator of the NASA.
    Explanation
    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 individuals or organizations have the power and responsibility to create and enforce the regulations that govern the acquisition process for the federal government. They work together to ensure that federal agencies follow consistent and standardized procedures when acquiring goods and services.

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  • 9. 

    How long after the contracting officer's final decision does the contractor have to appeal to ASBCA?

    • A.

      90 days from the receipt of the contracting officer's decision.

    • B.

      180 days from the receipt of the contracting officer's decision.

    • C.

      Six months from the date of the contracting officer's decision.

    • D.

      12 months from the date of the contracting officer's decision.

    Correct Answer
    A. 90 days from the receipt of the contracting officer's decision.
    Explanation
    The correct answer is 90 days from the receipt of the contracting officer's decision. This means that the contractor has a period of 90 days starting from the date they receive the contracting officer's decision to file an appeal to the Armed Services Board of Contract Appeals (ASBCA). It is important for the contractor to adhere to this timeline in order to preserve their right to appeal and seek resolution for any disputes or disagreements regarding the decision.

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  • 10. 

    How many days does an interested party have to protest after the basis of a protest is known, or should have been known?

    • A.

      No later than 10 days.

    • B.

      No later than 30 days.

    • C.

      Within one year.

    • D.

      Up to six years.

    Correct Answer
    A. No later than 10 days.
    Explanation
    An interested party has a maximum of 10 days to protest after they become aware of, or should have become aware of, the basis of the protest. This time frame ensures that protests are filed in a timely manner and allows for a prompt resolution of any issues. Waiting longer than 10 days may result in the protest being considered invalid or not taken into account.

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  • 11. 

    How many days does GAO have to issue its recommendation on a protest.

    • A.

      30

    • B.

      45

    • C.

      100

    • D.

      200

    Correct Answer
    C. 100
    Explanation
    GAO has 100 days to issue its recommendation on a protest. This means that once a protest is filed, GAO has a maximum of 100 days to review the case, gather evidence, and make a decision on the matter. This timeframe allows for a thorough examination of the protest and ensures that a timely resolution is reached.

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  • 12. 

    If the contracting officer 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. This ensures that the contractor receives timely payment for their claim without any unnecessary delays.

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  • 13. 

    In determining the action to take in a specific case requiring a contract adjustment, the Comptroller General Decisions are referred to and used as..

    • A.

      The supplementing regulation.

    • B.

      The negotiating authority.

    • C.

      Rulings.

    • D.

      Precedents.

    Correct Answer
    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. Precedents are previous decisions or rulings that have set a standard or guideline for future cases. By using these precedents, decision-makers can ensure consistency and fairness in their rulings and avoid making arbitrary or inconsistent decisions. Therefore, in this context, the Comptroller General Decisions serve as a reference point or guide for making contract adjustments.

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  • 14. 

    NAFs are generated through...

    • A.

      Appropriations Act.

    • B.

      Taxpayer dollars.

    • C.

      Enabling and Procedural Acts.

    • D.

      Morale, Welfare, and Recreational facilities.

    Correct Answer
    D. Morale, Welfare, and Recreational facilities.
    Explanation
    The correct answer is "Morale, Welfare, and Recreational facilities." NAFs, or Non-Appropriated Funds, are generated through the operation of Morale, Welfare, and Recreational facilities. These facilities are typically found on military bases and are designed to provide services and activities to enhance the well-being and quality of life for military personnel and their families. NAFs are self-sustaining and do not rely on taxpayer dollars or appropriations acts for funding.

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  • 15. 

    O&M funds are categorized as what type of appropriation?

    • A.

      No-year.

    • B.

      Annual.

    • C.

      Continuing.

    • D.

      Multiple year.

    Correct Answer
    B. Annual.
    Explanation
    O&M funds, which stands for Operations and Maintenance funds, are categorized as annual appropriations. This means that these funds are allocated on a yearly basis and must be used within the fiscal year they are appropriated for. Unlike other types of appropriations, such as no-year or continuing, annual appropriations are specific to a particular year and cannot be carried over into future years. Therefore, the correct answer is annual.

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  • 16. 

    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.

    • A.

      15

    • B.

      30

    • C.

      45

    • D.

      60

    Correct Answer
    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. This time frame allows the agency sufficient time to gather all the necessary information and documentation related to the protest. It also ensures that the agency can thoroughly review the protest and provide a comprehensive report to GAO within a reasonable timeframe. This allows for a timely resolution of the protest and ensures that all parties involved have an opportunity to present their case and provide supporting evidence.

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  • 17. 

    The aggregate of commercial advance payments cannot exceed what mount of the contract price?

    • A.

      10%

    • B.

      15%

    • C.

      20%

    • D.

      25%

    Correct Answer
    B. 15%
    Explanation
    The correct answer is 15% because it states that the aggregate of commercial advance payments cannot exceed a certain percentage of the contract price. Out of the given options, 15% is the only percentage that fulfills this condition.

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  • 18. 

    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 no 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 doctrine that prevents one party from asserting their legal rights if it would be unfair or unjust to allow them to do so. In order to establish equitable estoppel, certain elements must be present. These elements include: the government knew or should have known the true facts, the government intended that the contractor rely on their acts, and the contractor reasonably and innocently relied on the acts of the government. The correct answer, "contractor did not reasonably and innocently rely on the acts of the government," is the exception to the elements of equitable estoppel. This means that for equitable estoppel to apply, it is not necessary for the contractor to have not reasonably and innocently relied on the acts of the government.

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  • 19. 

    Two techniques of 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 two techniques of Alternative Dispute Resolution (ADR). Mediation involves a neutral third party assisting the disputing parties in reaching a mutually acceptable agreement. The mediator facilitates communication and helps the parties explore possible solutions. Arbitration, on the other hand, involves a neutral third party acting as a judge and making a binding decision on the dispute. The parties present their cases, and the arbitrator evaluates the evidence and arguments before reaching a decision. Both mediation and arbitration aim to resolve conflicts outside of traditional court litigation.

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  • 20. 

    Under the clean hands doctrine, an individual may enforce an illegal contract when...

    • A.

      The agreement concerns minor crimes.

    • B.

      Only a portion of the contract was illegal.

    • C.

      The agreement was made to restrain trade.

    • D.

      The innocent party to the contract is in the class of persons for whom the law is designed to protect.

    Correct Answer
    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 is a legal principle that states that a person who has acted unlawfully or in bad faith cannot seek relief from the court. However, there is an exception to this doctrine when the innocent party to the contract belongs to a class of persons that the law is designed to protect. In such cases, the court may allow the enforcement of an illegal contract to prevent injustice or harm to the innocent party. This exception ensures that individuals who are intended beneficiaries of protective laws are not denied their rights due to the illegal actions of others.

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  • 21. 

    Upon learning of an appeal to ASBCA, the contracting officer must comply with Rule 4 of the ASBCA rules found in...

    • A.

      AFFARS Appendix AA.

    • B.

      DFARS Appendix A.

    • C.

      AFFARS Appendix CC.

    • D.

      AFFARS Appendix C.

    Correct Answer
    B. DFARS Appendix A.
    Explanation
    The correct answer is DFARS Appendix A. The question asks about the rules that the contracting officer must comply with upon learning of an appeal to ASBCA (Armed Services Board of Contract Appeals). The rules that govern ASBCA appeals are found in DFARS Appendix A, which provides guidance and procedures for the resolution of contract disputes. AFFARS Appendix AA, AFFARS Appendix CC, and AFFARS Appendix C do not contain the specific rules for ASBCA appeals.

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  • 22. 

    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 is a federal law that prohibits government agencies from spending more money than has been appropriated by Congress. It is designed to ensure fiscal responsibility and prevent overspending. Violating the Anti-Deficiency Act can result in penalties and disciplinary action.

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  • 23. 

    What action may be taken for a nonratifiable commitment?

    • A.

      Process of claim under the Disputes Act.

    • B.

      Request of a no-cost settlement from the contractor.

    • C.

      Charge to the individual who committed the unauthorized commitment.

    • D.

      Resolution by the GAO claim procedures.

    Correct Answer
    D. Resolution by the GAO claim procedures.
    Explanation
    A nonratifiable commitment refers to a commitment made without proper authorization or approval. In such cases, the appropriate action would be to resolve the issue through the GAO (Government Accountability Office) claim procedures. GAO claim procedures are designed to handle disputes and claims related to government contracts and ensure fair resolution. Therefore, choosing this option would be the most suitable course of action for addressing a nonratifiable commitment.

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  • 24. 

    What action may the contractor take when a dispute cannot be resolved by mutual agreement o 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 o Federal Appeals

    • D.

      File a claim with ASBCA

    Correct Answer
    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 through a formal claims process. By submitting a claim under this clause, the contractor can seek a resolution to the dispute, which may involve mediation, arbitration, or litigation if necessary. The Disputes clause is a common contractual provision that helps to ensure that disputes are addressed in a fair and orderly manner.

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  • 25. 

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

    • A.

      Department of Labor

    • B.

      General Services Administration

    • C.

      Small Business Administration

    • D.

      Committee for Purchase from the Blind

    Correct Answer
    C. Small Business Administration
    Explanation
    The Small Business Administration's objective is to provide aid and counseling to small businesses. This agency focuses on supporting the growth and development of small businesses by offering resources, loans, and assistance programs. They aim to help small businesses succeed and thrive in the competitive market by providing them with the necessary tools and guidance.

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  • 26. 

    What are two categories of actual authority?

    • A.

      Implied and assumed

    • B.

      Implied and apparent

    • C.

      Express and Implied

    • D.

      Express and apparent

    Correct Answer
    C. Express and Implied
    Explanation
    Express authority refers to the authority explicitly granted to an individual through written or verbal communication. This can include specific instructions, guidelines, or permissions given by a higher authority. Implied authority, on the other hand, is not explicitly stated but is derived from the actions, responsibilities, or duties assigned to an individual. It is based on the understanding that certain tasks or decisions are necessary for the completion of assigned duties. Therefore, the two categories of actual authority are express authority and implied authority.

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  • 27. 

    What councils prepare all FAR revisions?

    • A.

      DAR Council and the National Security Acquisition Council.

    • B.

      DAR Council and the CAA Council.

    • C.

      General Council and the National Security Acquisition Council.

    • D.

      General Council and the CAA Council.

    Correct Answer
    B. DAR Council and the CAA Council.
    Explanation
    The correct answer is DAR Council and the CAA Council. These two councils are responsible for preparing all FAR (Federal Acquisition Regulation) revisions. The DAR Council, also known as the Defense Acquisition Regulations Council, is responsible for developing and maintaining the Department of Defense FAR Supplement (DFARS). The CAA Council, also known as the Civilian Agency Acquisition Council, is responsible for developing and maintaining the FAR for civilian agencies. Together, these two councils ensure that the FAR is kept up to date and relevant for both defense and civilian acquisitions.

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  • 28. 

    What is meant by adequate consideration?

    • A.

      The actual worth or a promise or an act is more that the offer has the right to commit.

    • B.

      The consideration has enough value to induce the other party to perform.

    • C.

      Whether the bargain involves the concepts of benefit and detriment.

    • D.

      The consideration in exchange is a fair bargain.

    Correct Answer
    D. The consideration in exchange is a fair bargain.
    Explanation
    Adequate consideration refers to a fair bargain in an exchange. It means that the consideration being offered in the transaction is of sufficient value to induce the other party to perform their obligations. In other words, both parties are receiving something of equal worth in the exchange, ensuring fairness and equity.

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  • 29. 

    What is meant by implementing FAR?

    • A.

      Adding material that is unique to the Air Force.

    • B.

      Adding material that is unique to the DOD.

    • C.

      Providing agency procedures to carry out the prescription in FAR.

    • D.

      Numbering when the text cannot be integrated intelligibly with it s FAR counterparts.

    Correct Answer
    C. Providing agency procedures to carry out the prescription in FAR.
    Explanation
    The correct answer is "Providing agency procedures to carry out the prescription in FAR." This means that implementing FAR involves creating and implementing specific procedures within an agency to carry out the guidelines and regulations outlined in the Federal Acquisition Regulation (FAR). The agency procedures help to ensure compliance with the FAR and provide a framework for executing procurement activities in a consistent and efficient manner.

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  • 30. 

    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. It means that the party has the ability to comprehend and fully understand the terms and obligations of a contract, and can make informed decisions regarding their participation in the agreement. This ensures that the party is capable of entering into a legally binding contract and can be held accountable for their actions and responsibilities outlined in the contract.

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  • 31. 

    What is the name given to the exchange of promises?

    • A.

      Sufficiency.

    • B.

      Detriment.

    • 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 bargained for and exchanged between parties, forming the basis of a legally binding agreement. Consideration can take various forms, such as money, goods, services, or even a promise to do or refrain from doing something. It is an essential element of a contract, demonstrating that both parties have given something of value in exchange for the promises made. Sufficiency, detriment, and acceptance are not the correct terms for the exchange of promises in a contract.

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  • 32. 

    What part of 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 FAR (Federal Acquisition Regulation) determines whether to include contract financing through progress payments. This part specifically addresses contract financing, including progress payments, and provides guidance on the criteria and procedures for determining when progress payments are appropriate and how they should be administered. It outlines the requirements and considerations for progress payments, such as the contractor's financial condition, the nature of the contract, and the risks involved. Therefore, Part 32 is the relevant section of the FAR that deals with contract financing through progress payments.

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  • 33. 

    What Publications series represents Contracting?

    • A.

      62

    • B.

      63

    • C.

      64

    • D.

      65

    Correct Answer
    C. 64
  • 34. 

    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.

      That neither party should suffer from the mistakes.

    • B.

      That the government should suffer from their mistakes.

    • C.

      For an individual to occasionally suffer from their mistakes.

    • D.

      That the individual and the government share the suffering from the mistakes.

    Correct Answer
    C. For an individual to occasionally suffer from their mistakes.
    Explanation
    The US Supreme Court believes that when government personnel make a mistake, it is preferable for an individual to occasionally suffer from their mistakes. This means that instead of adopting a rule that could potentially harm the public, it is better for individuals to bear the consequences of government mistakes on occasion. This approach ensures that the public is protected from potential harm caused by adopting rules that could injure them.

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  • 35. 

    Where are short briefs of new Comptroller General Decisions located?

    • A.

      Federal Register

    • B.

      Federal Acquisition Circular

    • C.

      Defense Acquisition Circular

    • D.

      DFARS Appendix A

    Correct Answer
    A. Federal Register
    Explanation
    The short briefs of new Comptroller General Decisions are located in the Federal Register. The Federal Register is a daily publication of the US federal government that contains proposed rules, final rules, and other notices of government agencies. It serves as a comprehensive source of information about government activities and decisions, and it is commonly used by the public, businesses, and government officials to stay informed about new regulations and decisions. Therefore, it is the most logical place to find the short briefs of new Comptroller General Decisions.

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  • 36. 

    Which AFI Defines the roles and responsibilities of positions within the operational contracting squadron?

    • A.

      AFI 38-101.

    • B.

      AFI 64-102.

    • C.

      AFI 65-109.

    • D.

      AFPD 64-1.

    Correct Answer
    B. AFI 64-102.
    Explanation
    AFI 64-102 is the correct answer because it specifically covers the roles and responsibilities of positions within the operational contracting squadron. AFI 38-101 pertains to Air Force organization and management, AFI 65-109 deals with financial management operations, and AFPD 64-1 focuses on contracting. Therefore, only AFI 64-102 directly addresses the roles and responsibilities within the operational contracting squadron.

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  • 37. 

    Which DFARs reference identifies supplemental information?

    • A.

      219.502-2.

    • B.

      219.502-2-70.

    • C.

      5319.502-2.

    • D.

      5319.502-70.

    Correct Answer
    B. 219.502-2-70.
    Explanation
    The correct answer, 219.502-2-70, is the DFARs reference that identifies supplemental information. This reference specifically addresses the topic of supplemental information within the DFARs guidelines. It is important to consult this specific reference when seeking additional information or guidance related to the DFARs.

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  • 38. 

    Which government requirement is violated when the wrong "color of money" is used?

    • A.

      Procurement Act.

    • B.

      Anti-Deficiency Act.

    • C.

      Bona-fide Needs Rule.

    • D.

      Misappropriations Act.

    Correct Answer
    D. Misappropriations Act.
    Explanation
    The Misappropriations Act is violated when the wrong "color of money" is used. This act prohibits the unauthorized use or misappropriation of government funds for purposes other than those specified by law. The "color of money" refers to the specific appropriation or funding source that should be used for a particular government activity or program. Using the wrong "color of money" means using funds from an inappropriate source, which is a violation of the Misappropriations Act.

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  • 39. 

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

    • A.

      A 23- year-old car salesperson.

    • B.

      A 17-year-old College student.

    • C.

      A 25-year-old intoxicated person.

    • D.

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

    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 have reached the legal age of adulthood and are presumed to have the necessary mental capacity to understand and fulfill the obligations of a contract. Age is an important factor in determining competency to enter into a contract, and 23 years old is generally considered to be an age at which individuals have the necessary maturity and understanding to engage in contractual agreements.

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  • 40. 

    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 this scenario, the contractor is neither the agent nor the principal. The contractor is a separate entity that is not directly involved in the agency relationship between the agent and the principal. Therefore, the contractor is classified as a third party in this context.

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  • 41. 

    Which statement about an offer is correct?

    • A.

      It is not enough that only the essential terms of the contract are certain.

    • B.

      Every term in the offer must be absolutely certain to each party of the contract.

    • C.

      The offer must be so definite that the performance to be rendered by each party is reasonably certain.

    • D.

      You cannot enter a contract with the price implied to be "a reasonable price at the time of delivery."

    Correct Answer
    C. The offer must be so definite that the performance to be rendered by each party is reasonably certain.
    Explanation
    The statement that is correct about an offer is that it must be so definite that the performance to be rendered by each party is reasonably certain. This means that the terms of the offer should be clear and specific enough for both parties to understand their obligations and what is expected of them in the contract. It is important for the offer to provide enough information for each party to know what they are agreeing to and what they will be required to do in order to fulfill their part of the contract.

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  • 42. 

    Which statement about communicating acceptance of a contact is true?

    • A.

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

    • B.

      The offer cannot dictate the place or manner of acceptance.

    • C.

      Acceptance must be communicated by the US mail.

    • D.

      Acceptance must be in writing.

    Correct Answer
    A. If the time, place, and means of communication are expressed by the offeror, no other time, place, or means will constitute acceptance.
    Explanation
    If the offeror specifies the time, place, and means of communication for accepting a contact, then the acceptance must adhere to those specifications. No other time, place, or means of communication will be considered as acceptance. In other words, the offeror has the right to dictate the terms of acceptance, and the offeree must comply with those terms for the acceptance to be valid.

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  • 43. 

    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 of allowing any member of the class or public to accept. Instead, there must be one specific offeree designated by the offeror, and only that person has the power to accept the offer.

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  • 44. 

    Which Statement concerning the CO's appointment or termination is true?

    • A.

      In no event will the termination of a CO be retroactive.

    • B.

      Termination of a CO may be retroactive if in the best interest of the government.

    • C.

      There is no authority to waive the qualification requirements for a CO as stated in the selection criteria.

    • D.

      Termination of a CO appointment is made verbally unless the Certificate of Appointment contains a provision for automatic termination.

    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 considered as if it never existed. The termination will take effect from the date it is officially terminated and will not be applied retrospectively. This ensures that any actions or decisions made by the CO during their appointment will still be valid and binding up until the termination date.

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  • 45. 

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

    • A.

      Enabling acts, procedural acts, and permissive acts.

    • B.

      Permissive acts, administrative acts, and legal acts.

    • C.

      Permissive acts, administrative acts, and appropriation 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 agencies to enter into contracts, procedural acts establish the processes and procedures for contracting, authorization acts provide the legal basis for specific contracts or programs, and appropriations acts allocate funding for contracts.

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  • 46. 

    Who directs the overall operation of NAF services facilities at an installation?

    • A.

      Mission Support Group Commander.

    • B.

      Force Support Squadron Commander.

    • C.

      Contracting Squadron Commander.

    • D.

      NAF contracting officer.

    Correct Answer
    B. Force Support Squadron Commander.
    Explanation
    The Force Support Squadron Commander directs the overall operation of NAF services facilities at an installation. This role involves overseeing the various services provided to personnel, such as dining facilities, fitness centers, lodging, and recreation activities. They are responsible for ensuring the smooth functioning of these facilities and meeting the needs of the installation's personnel. The Mission Support Group Commander is responsible for a broader range of support functions, including security, logistics, and communications. The Contracting Squadron Commander and NAF contracting officer are not directly involved in the operation of NAF services facilities.

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  • 47. 

    Who is responsible for ascertaining whether government agents are acting within the bounds of their authority?

    • A.

      The CO.

    • B.

      The government.

    • C.

      The contractor.

    • D.

      The agent.

    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 and not exceeding their authority. The contractor plays a crucial role in overseeing and monitoring the actions of the government agents to maintain accountability and compliance.

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  • 48. 

    A CO responsibility includes...

    • A.

      Entering funding documents into ABSS

    • B.

      Ensuring contractors receive equitable treatment.

    • C.

      Developing requirements for customers.

    • D.

      Approving improper invoices.

    Correct Answer
    B. Ensuring contractors receive equitable treatment.
    Explanation
    A CO responsibility includes ensuring contractors receive equitable treatment. This means that the CO (Contracting Officer) is responsible for ensuring that contractors are treated fairly and without bias. This includes ensuring that contractors are given equal opportunities, fair evaluation, and fair payment for their services. The CO plays a crucial role in maintaining transparency and integrity in the contracting process, and their responsibility is to ensure that all contractors are treated fairly and without discrimination.

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  • 49. 

    Products or services that have a lesser negative effect on human health or the environment when compared with competing products or services that serve the same purpose are known as...

    • A.

      Recycled materials.

    • B.

      Recovered materials.

    • C.

      Environmentally friendly.

    • D.

      Environmentally preferable.

    Correct Answer
    D. Environmentally preferable.
    Explanation
    The term "environmentally preferable" refers to products or services that have a lesser negative impact on human health or the environment compared to competing alternatives that serve the same purpose. It implies that these products or services are designed and manufactured in a way that minimizes their environmental footprint and promotes sustainability. This can include factors such as reduced energy consumption, use of renewable resources, and minimizing waste generation. Overall, environmentally preferable products or services prioritize the well-being of both humans and the environment.

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  • 50. 

    The Buy American Act allows exceptions for articles, materials, and supplies purchased...

    • A.

      For use in the United States.

    • B.

      Specifically for commissary resale.

    • C.

      At a reasonable price form a domestic source.

    • D.

      When the contracting officer determines that domestic preference would be in the public's interest.

    Correct Answer
    B. Specifically for commissary resale.
    Explanation
    The Buy American Act requires that articles, materials, and supplies be purchased from domestic sources, but it allows for exceptions. One such exception is when the purchase is specifically for commissary resale. This means that if the items are being bought to be sold in a commissary, they do not necessarily have to be sourced domestically. This exception recognizes the unique nature of commissaries and allows for greater flexibility in their purchasing practices.

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Quiz Review Timeline +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Mar 22, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Feb 13, 2015
    Quiz Created by
    Joshua
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