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

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

Permissive acts, administrative acts, and legal acts.

Enabling acts, procedural acts, and permissive acts.

Permissive acts, administrative acts, and appropriations acts

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

Small Business Administration (SBA).

General Services Administration (GSA).

United States Department of Labor (DOL).

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

(001) Express actual authority is created by

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

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

information that flows from the agent to the third-party

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

(001) A characteristic of implied authority is that it is

necessary or incidental to carrying out the express authority.

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

created by explicit language either in writing or orally.

(001) Estoppel means to prevent

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

the government from acting as an agent for the contractor.

contractors from filing a claim based on apparent authority.

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

(001) The elements of equitable estoppel include all of the following except the

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

government knew or should have known the true facts.

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

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

(001) Which statement about the offeree is correct?

Only the intended offeree can accept the offer.

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

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

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

(001) When no time is stated, an offer continues

until the expiration of a reasonable time.

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

Allowing the acceptance period to expire

Having no intention of being bound.

(001) If the offeror expresses time, place, and means of communication

only that time, place, or means constitutes acceptance

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

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

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

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

Unilateral with knowledge and bilateral

Unilateral without knowledge and bilateral.

(001) What is meant by adequate consideration?

Consideration in the exchange is a fair bargain.

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

Consideration has enough value to induce the other party to perform

Whether the bargain involves the concepts of benefit and detriment.

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

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

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

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

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

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

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

Ensuring business is not conducted with minors.

Having the ability to recognize defective corporations

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

unlawful, void, and will not be enforced.

lawful if not challenged with 120 days.

lawful only to the party who made the offer.

unlawful but may be enforced under some situations.

(001) Which situation would preclude a ratification?

Government not obtaining a benefit from the performance.

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

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

CO recommending payment and legal counsel concurs.

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

request final proposal revisions.

(003) A government action may be protested by

the next low small business bidder.

(003) Protests are made to

either the appropriate agency or the GAO.

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

either the appropriate agency or the Comptroller General

the appropriate agency or US Court of Appeals

6c051 Contracting UREs Volume 1

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Quizzes Created: 3 | Total Attempts: 1,852

Questions: 76 | Attempts: 564 | Updated: Mar 21, 2023

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Questions and Answers

1.

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

Explanation
The correct answer is "Enabling and procedural acts, authorization acts, and appropriations acts." This answer identifies the different forms of acts that Congress uses to control government contracting. Enabling acts provide the legal authority for government agencies to enter into contracts, procedural acts establish the rules and regulations for the contracting process, authorization acts give permission for specific contracts or programs, and appropriations acts provide the funding for the contracts.

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2.

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

Explanation
The Small Business Administration (SBA) is the correct answer because its objective is to provide aid and counseling to small businesses. The SBA offers resources, loans, and support for entrepreneurs and small business owners to help them start, grow, and succeed in their ventures. It provides assistance in various areas such as business planning, financing, government contracting, and disaster recovery. Through its programs and services, the SBA aims to promote the growth and development of small businesses, which play a vital role in the economy.

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3.

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

Explanation
In the principal-agent relationship, the contractor is considered the third party. The principal-agent relationship involves two parties: the principal, who delegates authority to an agent to act on their behalf, and the agent, who carries out tasks and makes decisions on behalf of the principal. However, the contractor is a separate entity that is not directly involved in the principal-agent relationship, but rather provides goods or services to one or both parties involved. Therefore, the correct answer is third party.

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4.

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

Explanation
Express actual authority is created when the principal explicitly communicates their authority to the agent through either written or oral means. This means that the principal clearly and directly conveys their expectations and permissions to the agent, giving them the authority to act on their behalf. It is important for the principal to use explicit language to avoid any confusion or misunderstandings regarding the scope of the agent's authority. This type of authority is based on the principal's direct communication and is different from authority that may arise from information flowing from third parties or from the agent's conduct.

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5.

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

Explanation
Implied authority refers to the authority that is not explicitly stated but is necessary or incidental to carrying out the express authority. This means that while the authority may not be explicitly spelled out in oral or written form, it is still understood and accepted as necessary for fulfilling the express authority. In other words, implied authority covers minor details that are essential for executing the main authority. It is not created by explicit language but rather inferred based on the context and requirements of the situation.

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6.

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

Explanation
Estoppel refers to the legal principle that prevents a party from asserting a fact or claim that is inconsistent with a position they previously took. This means that if a party has made a certain statement or taken a certain position in the past, they cannot later contradict themselves and assert something different. Estoppel ensures consistency and prevents parties from unfairly changing their position to gain an advantage in a legal dispute.

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7.

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

Explanation
The elements of equitable estoppel include the government knowing or should have known the true facts, the government intending that the contractor rely on their acts, and the contractor not knowing and should not have known the true facts. The only element that is not included in the elements of equitable estoppel is that the contractor did not reasonably and innocently rely on the acts of the government.

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8.

(001) 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, intending for any member of the class or the public to have the power to accept. Instead, there is always one specific offeree in whom the power of acceptance is vested. Therefore, only this intended offeree can accept the offer.

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9.

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

Explanation
When no time is stated, an offer continues until the expiration of a reasonable time. This means that the offer remains open for a period that is considered reasonable under the circumstances. The length of this reasonable time can vary depending on factors such as the nature of the offer, the subject matter, and any industry standards or norms. It is important to determine what would be considered reasonable in a particular situation to understand how long the offer will remain open.

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1
0
10.

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

Explanation
When an offeror withdraws their offer before it is accepted, it is referred to as a revocation. This means that the offer is no longer valid and cannot be accepted by the offeree. Termination refers to the end of a contract, cancellation is the act of voiding a contract, and breach of contract occurs when one party fails to fulfill their obligations under the contract. However, in this scenario, the offeror is simply withdrawing their offer, making revocation the correct answer.

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11.

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

Explanation
Proposing a counter offer is an example of rejecting an offer because it involves suggesting different terms or conditions than those initially proposed. By proposing a counter offer, the person is indicating that they are not willing to accept the original offer as it stands and are instead suggesting a different agreement. This shows a rejection of the initial offer while still leaving room for negotiation and potential agreement on new terms.

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12.

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

Explanation
The answer suggests that if the offeror specifies a time, place, and means of communication for acceptance, then only those specific conditions will be considered as acceptance. Any changes to the time, place, or means of communication can only be made by the offeree. Additionally, it implies that the offeree can choose a different time, manner, or condition for acceptance if they wish. It also states that the offeree can communicate their acceptance orally, even if the offeror communicated their offer in writing.

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13.

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

Explanation
The law recognizes two types of mistakes that can excuse performance: unilateral with knowledge and bilateral. Unilateral mistake with knowledge refers to a situation where one party makes a mistake but is aware of it, while bilateral mistake occurs when both parties are mistaken about an important fact. In both cases, the law recognizes that the mistake significantly affects the parties' ability to fulfill their obligations, and therefore excuses their performance.

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14.

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

Explanation
Consideration is the name given to the exchange of promises in a contract. It refers to something of value that is exchanged between the parties involved, such as money, goods, or services. Consideration is an essential element of a legally binding contract, as it signifies that each party is giving something up and receiving something in return. This exchange of promises ensures that the contract is fair and enforceable by law.

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15.

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

Explanation
Adequate consideration refers to a fair bargain in the exchange. It means that the consideration offered in a contract is of sufficient value to induce the other party to perform their obligations. In other words, both parties are receiving something of value that is proportionate to what they are giving up. This ensures that the contract is not one-sided or unfair to either party.

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16.

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

Explanation
The correct answer is that the courts must be able to interpret the duties and obligations to be performed by either party. This is because the courts are responsible for resolving disputes and enforcing contracts. If the terms of a contract are not clear, it becomes difficult for the courts to determine the intent of the parties involved and to enforce the contract accordingly. Therefore, clear and unambiguous terms are necessary for a contract to be enforceable.

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17.

(001) 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. This means that the individual must have the mental ability and understanding to comprehend the obligations and consequences of entering into a contract. It is important for a contracting party to be competent as it ensures that they are fully aware of their rights and responsibilities, and can make informed decisions regarding the contract.

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18.

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

Explanation
A contract that violates a statute is considered unlawful, void, and will not be enforced. This means that if a contract goes against the laws set by a statute, it is not legally binding and will not be upheld by the courts. This rule applies regardless of whether or not the contract is challenged within 120 days.

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19.

(001) What occurs when someone other than the contracting officer (CO) tries to make an agreement without the authority?
- A.
  
  Unauthorized commitment.
- B.
  
  Unpriced purchase order
- C.
  
  Contract dispute
- D.
  
  Ratification.
Correct Answer
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 proper authorization or power to enter into a contract on behalf of the organization. Unauthorized commitments can create legal and financial risks for the organization and may require further actions such as ratification or contract dispute resolution.

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0
1
20.

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

Explanation
The situation that would preclude a ratification is when the government does not obtain a benefit from the performance. Ratification is the act of approving or confirming an unauthorized commitment after it has been made. In order for a commitment to be ratified, the government must have received a benefit from the performance. If no benefit is obtained, ratification would not be possible.

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21.

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

Explanation
Business clearance for noncompetitive contract actions refers to the approval given to initiate negotiations with a specific contractor. This approval allows the contracting officer to engage in discussions and negotiations to determine the terms and conditions of the contract. It is the first step in the procurement process for noncompetitive contracts, enabling the contracting officer to explore potential options and reach an agreement with the selected contractor.

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22.

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

Explanation
For competitive acquisitions conducted without discussion, the source selection authority (SSA) needs approval from the clearance approval authority in order to make the decision to award. This means that before the SSA can finalize and announce the award, they must obtain the necessary approval from the clearance approval authority. This ensures that the decision to award is made in accordance with the established procedures and guidelines, and helps maintain transparency and fairness in the acquisition process.

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23.

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

Explanation
A government action may be protested by an interested party because they have a direct stake or concern in the outcome of the action. This could include individuals or organizations who would be directly affected by the government action, such as competitors, stakeholders, or members of the public who have a vested interest in the matter. These interested parties may choose to protest the government action in order to voice their concerns, protect their rights, or seek a different outcome.

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24.

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

Explanation
Protests can be made to either the appropriate agency or the Government Accountability Office (GAO). This means that individuals or organizations who have concerns or complaints about a particular agency's actions or decisions can choose to address their grievances either directly with the agency itself or with the GAO. This provides flexibility for the protesters to decide which avenue they believe will be most effective in resolving their issues.

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25.

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

Explanation
Part 33 of the Federal Acquisition Regulation prescribes actions required upon receipt of protests. This part outlines the procedures and steps that must be followed when a protest is received, including the timeframes for submitting and responding to the protest, the responsibilities of the contracting officer, and the process for resolving the protest. It is important for contracting officers to be familiar with Part 33 in order to handle protests efficiently and effectively.

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26.

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

Explanation
When an agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within five days after a debriefing date, the contracting officer immediately suspends performance or terminates the awarded contract. This is because the protest raises concerns about the validity or fairness of the contract, and it is necessary to halt performance until the protest is resolved. Terminating the contract may also be an option if the protest raises serious issues that cannot be resolved.

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27.

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

Explanation
The Government Accountability Office (GAO) has 100 days to issue its recommendation on a protest. This time frame allows the GAO to thoroughly review the protest, gather relevant information and evidence, and make an informed decision. It also provides the parties involved with a reasonable amount of time to present their arguments and evidence. The 100-day period strikes a balance between ensuring a timely resolution of the protest and allowing for a comprehensive review of the case.

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28.

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

Explanation
The document that provides findings, recommendations, and any additional information necessary to assist the Government Accountability Office (GAO) in determining the merits of a protest is the Statement of Facts. This document presents a detailed account of the facts relevant to the protest, including the actions taken by the government agency and the contractor involved. It helps the GAO understand the context and background of the case, allowing them to make an informed decision on the protest.

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29.

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

Explanation
When a dispute cannot be resolved by mutual agreement of the contracting parties, the contractor may submit a claim under the Disputes clause. The Disputes clause is a standard provision included in government contracts that provides a mechanism for resolving disputes between the contractor and the government. It allows the contractor to submit a written claim to the contracting officer, who will then review and make a decision on the claim. If the contractor is not satisfied with the decision, they may further pursue the matter through the appropriate legal channels.

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30.

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

Explanation
Contractor claims must be submitted to the contracting officer (CO) within six years after accrual of a claim, unless the contracting parties have agreed to a shorter period of time. This means that contractors have a maximum of six years to submit their claims for any issues or disputes that arise during the course of the contract. It is important for contractors to be aware of this time limit and ensure that they submit their claims within the specified timeframe to protect their rights and interests.

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31.

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

Explanation
The Air Force Legal Operations Agency, Commercial Law and Litigation Directorate is responsible for reviewing the contracting officer's final decision on claims exceeding $500,000 prior to sending the decision to the contractor. They ensure that the decision is legally sound and in compliance with relevant laws and regulations.

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32.

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

Explanation
The correct answer is "As soon as possible without waiting for any appeal." This means that once the contracting officer (CO) 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 their compensation promptly and avoids any unnecessary delays in payment.

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33.

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

Explanation
After receiving the contracting officer's final decision, the contractor has 90 days to appeal to the Armed Services Board of Contract Appeals (ASBCA).

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34.

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

Explanation
The correct answer is Defense Federal Acquisition Regulation Supplement (DFARS), Appendix A. The DFARS is a set of regulations that supplements the Federal Acquisition Regulation (FAR) and provides additional guidance for defense acquisitions. Appendix A specifically pertains to contract appeals and provides rules and procedures for the ASBCA. Therefore, when faced with an appeal to the ASBCA, the contracting officer must comply with Rule 4 of the ASBCA rules found in DFARS, Appendix A.

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35.

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

Explanation
Mediation and arbitration are the two most common techniques of alternative dispute resolution (ADR). Mediation involves a neutral third party facilitating communication and negotiation between the parties involved in a dispute to reach a mutually acceptable agreement. Arbitration, on the other hand, involves a neutral third party making a binding decision after hearing the arguments and evidence presented by both parties. Both techniques aim to resolve disputes outside of the traditional court system, but they differ in the level of control the parties have over the outcome.

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36.

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

Explanation
The correct answer is DD Form 448 and AF Form 9. This is because the question asks for the two most common types of funding documents, and DD Form 448 and AF Form 9 are the options that include both DD and AF forms. The other options only include forms from either the Department of Defense or the Air Force, but not both.

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37.

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

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

Explanation
The correct answer is "signature authority." In order for the funding document to be valid and authorize the purchase of the required service or supply, it must be signed by the individual or entity with the authority to do so. This person or entity is known as the signature authority. The contracting officer (CO) may be involved in the procurement process, but they are not specifically responsible for signing the funding document. The customer is not mentioned as having the authority to sign the funding document.

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39.

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

Explanation
The Bona-Fide Need Rule states that funds must be obligated in the same year that the government plans to use the supplies or services. This means that the funds cannot be carried over to the next year and must be used for their intended purpose within the current fiscal year. This rule ensures that government funds are used efficiently and effectively to meet mission requirements and avoid unnecessary accumulation of funds.

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40.

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

Explanation
The Anti-Deficiency Act is violated when an organization obligates more funds than are available. This act prohibits federal agencies from spending more money than has been appropriated by Congress, ensuring that funds are used responsibly and in accordance with the approved budget. Violating this act can result in penalties and legal consequences for the organization.

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41.

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

Explanation
Minor military construction projects under $1,000,000 can be funded through the Operations and maintenance (O&M) appropriation category. This category is specifically designated for the maintenance and upkeep of existing military facilities and infrastructure. It covers costs such as repairs, renovations, and minor construction projects that are necessary to maintain the functionality and operational readiness of military installations. Therefore, O&M is the appropriate category to fund these types of projects.

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42.

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

Explanation
Operations and maintenance (O&M) and military personnel (MILPERS) funds are categorized as annual appropriations. Annual appropriations provide funding for a specific fiscal year and must be spent within that year. This type of appropriation is typically used for ongoing expenses such as salaries, maintenance, and day-to-day operations. Unlike no-year appropriations, which have no expiration date, annual appropriations are time-limited and require reauthorization each year. Continuing and multiple-year appropriations, on the other hand, provide funding for multiple fiscal years.

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43.

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

Explanation
The correct answer is 3400. This appropriations account code identifies operations and maintenance (O&M) funds.

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44.

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

Explanation
Military construction appropriations are available for expenditure for a period of 5 years. This means that the funds allocated for military construction projects can be used within a span of 5 years before they expire. After the 5-year period, any unspent funds will no longer be available for use and may need to be returned or reallocated.

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45.

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

Explanation
Nonappropriated funds (NAF) are generated through Morale, Welfare, and Recreation facilities. These facilities generate revenue through various means such as fees, charges, and sales to support programs and services for military personnel and their families. These funds are separate from taxpayer dollars and are used to enhance the quality of life for the military community.

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46.

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

Explanation
Part 32 of the Federal Acquisition Regulation (FAR) determines whether to include contract financing through progress payments. This part specifically addresses contract financing, including progress payments, and provides guidance on when and how they should be used. It outlines the requirements, procedures, and limitations associated with progress payments, ensuring that they are used appropriately and in accordance with federal regulations.

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47.

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

Explanation
The correct answer is "Delivery" because when a partial delivery of commercial items is made, payment is typically made for the delivered portion. This means that the buyer pays for the items that have been delivered, rather than paying in advance or based on the progress of the delivery. Performance-based payment refers to a payment structure that is based on meeting specific performance criteria, which is not applicable in this scenario.

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48.

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

Explanation
The contracting officer (CO) must issue a notice in writing to the contractor to show that funds are available. This written notice serves as official documentation that confirms the availability of funds for the contractor to proceed with the project or contract. Verbal messages or other forms such as Air Force Form 9, Request for Purchase, may not provide the necessary legal assurance or proof of fund availability.

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49.

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

Explanation
The contracting squadron commander is responsible for ensuring that the local contracting program effectively meets customer needs while complying with all applicable statutes, executive orders, regulations, and Air Force instructions (AFIs). This role involves overseeing and managing the contracting operations within the squadron, making strategic decisions, and ensuring compliance with all relevant guidelines and instructions. The director of business operations (DBO) may have a broader oversight role, but the contracting squadron commander specifically focuses on the contracting program's effectiveness and compliance. The plans and programs flight chief and contracting superintendent may have related responsibilities but do not have the primary responsibility for ensuring the program's effectiveness and compliance.

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50.

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

Explanation
The Director of Business Operations (DBO) is responsible for managing small business and other socio-economic programs. This position oversees the operational aspects of the business, including financial management, budgeting, and resource allocation. They are also responsible for developing and implementing strategies to support small businesses and promote socio-economic growth. The DBO plays a crucial role in ensuring the success and sustainability of these programs within the organization.

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Quiz Review Timeline +

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Current Version
Mar 21, 2023

Quiz Edited by
ProProfs Editorial Team
Feb 24, 2020

Quiz Created by
Antonio Ortega

6c051 Contracting UREs Volume 1

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

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

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

(001) Express actual authority is created by

(001) A characteristic of implied authority is that it is

(001) Estoppel means to prevent

(001) The elements of equitable estoppel include all of the following except the

(001) Which statement about the offeree is correct?

(001) When no time is stated, an offer continues

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

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

(001) If the offeror expresses time, place, and means of communication

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

(001) What is the name given to the exchange of promises?

(001) What is meant by adequate consideration?

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

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

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

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

(001) Which situation would preclude a ratification?

(002) Business clearance for noncompetitive contract actions is the approval to

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

(003) A government action may be protested by

(003) Protests are made to

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

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

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

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

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

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

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

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

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

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

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

(004) The two most common types of funding documents are the

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

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

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

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

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

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

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

(004) How many years are military construction appropriations available for expenditure?

(004) Nonappropriated funds (NAF) are generated through

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

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

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

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

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