Name:
________________________
Date:
______________
CON
216
EXAM
2
Total possible points: 75
Part I: Multiple Choice (2 points each)
1.
A
protest may be a written objection to which of the following?
a.
the
cancellation of a solicitation
b.
the termination
or cancellation of an award of a contract
c.
the award
of a new contract
d.
all
of the above
2. Which of the following are types of alternative dispute
resolution (ADR)?
a.
arbitration, fact-finding,
partnering
b.
mediation, researching,
discovery
c.
arbitration, mediation,
jury selection
d.
none of the above
3. An equitable adjustment has__________.
a.
a quantum
b.
a purpose
c.
an entitlement
d.
both A and C
4.
In a solicitation for the production of survival rafts, the navy
provided detailed design specifications for the process by which the contractor
was to bond the rubber seams. During testing, the seams separated at lower
pressure levels than the contract specified. The navy is considering
terminating the contract for default. What is the most likely outcome if the
contractor challenges this action?
a.
The
contractor will prevail because the navy expressly warranted that the raft
would meet all performance specifications.
b.
The
navy will prevail because the contractor bears the ultimate responsibility for
any item it delivers.
c. The contractor will
prevail if it can show that it followed the navy’s manufacturing process
precisely.
d.
The
navy will prevail because the contractor was an experienced manufacturer.
5.
Which act gives an interested party judicial challenge in federal
court?
a.
Appropriations
Act
b.
Administrative
Procedure Act
c. Competition in
Contracting Act
d.
Small
Business Act
6. Which act allows
the government to recognize the assignment of contracts as security for loans
needed for defense contract performance?
a.
Assignment of Claims Act
b.
Authorization Act
c.
Appropriations Act
d.
none of the above
7.
Which of the following can be participants in a protest?
a.
defendant, plaintiff, judge
b.
contracting officer, interested party, Government Accountability
Office (GAO), federal courts
c.
contracting officer, plaintiff, GAO
d.
none of the above
8.
Which of the following represents one of the most common methods
of determining how much one should pay for an equitable adjustment?
a.
actual cost
b.
assumption
c.
comparative
d.
both B and C
9.
__________ is/are reasonable grounds for an improper
agency evaluation protest.
a.
relaxation of the announced
award criteria by the procuring agency
b.
imposition of additional
unannounced criteria
c.
both A and B
d.
none of the above
10.A solicitation defect may include
which of the following?
a.
denial of permission to the incumbent contractor to compete on the
contract
b.
ambiguity in the requirements being solicited
c.
requests for more contractor support than previously obtained
d.
none of the above
Part II: Fill-in-the-Blank(2
points each)
11.One common reason
for a protest is improper exclusion from the _________________range.
12.There are three
forums for filing a protest: _________________, _________________, and _________________.
13.If a party in a
dispute doesn’t like the decision issued from the Court of Appeals for the
Federal Circuit, their last appeal is with the _________________viawrit of certiorari.
14.List the steps involved in the assignment of
claims process.
1.
2.
3.
4.
5.
6.
7.
8.
15.A(n) _________________permits
contractors to assign claims on government contracts to financing institutions
as collateral for loans.
16.The government’s first choice in a dispute
resolution is to undergo_________________.
17._________________is
a process in which a third party, called a conciliator,
restores damaged relationships between parties by bringing them together,
clarifying perceptions, and pointing out misconceptions.
18.When filing a protest,
it is best to work with _________________before the situation escalates to involvethe
GAO or the judicial courts.
19.A _________________
is a request for relief that seeks to initiate the disputes process.
20._________________is
the act of an authorized government agent that formally determines that the
supplies or services submitted by a contractor satisfactorily discharge the
contractor’s duty of performance under the contract.
21.The _________________
requires that important contractual agreements be reduced to writing if the
parties wish to make the agreement legally enforceable.
22.That dispute/claim
decision may then be appealed to the_________________or the _________________.
23.The procedures for
filing an agency protest are as follows:
1.
2.
3.
4.
5.
24.Where a
contractor’s reasonable interpretation of contract requirements differs from
the government’s, but the contractor is ordered to perform to the higher government
standard, the contractor is entitled to its _________________.
25.One of the
drawbacks to filing a protest with the GAO is that, once a decision is made,
the GAO lacks the_________________ to enforce the decision.
26.Suspected
violations of the Procurement Integrity Act will not be heard by the GAO.
Instead, the protestor must file a protest with the federal agency responsible
for the procurement within _________________days of discovering the violation.
27.The steps for
filing a protest are as follows:
1.
2.
3.
4.
5.
28.At any time during
a protest, one or more parties may request assistance in the form of either
negotiation assistance, where the GAO attorney offers to assist the parties in
reaching an agreement on resolving the matter, or outcome prediction, where the
GAO attorney advises the parties of the attorney’s view of the likely outcome
based on the record so that the likely unsuccessful party may take appropriate
action to resolve the protest. These processes areexamples of _________________.
29.A protest filed as
a judicial challenge in federal courts must go through the Court of _________________.
30.A(n)_________________ entitles the contractor to receive certain additional
costs of performance, plus a reasonable profit on those costs.
31.A(n) _________________defect
is a defect that existed at the time of government acceptance but that could
not be detected via reasonable inspection.
Part III: True-or-False (1 point
each)
32.
No law compels compliance
with the GAO, and every so often, an agency chooses not to implement the GAO
opinion.
a.
true
b.
false
33.
A subcontractor cannotfile a claim directly with the
contracting officer.
a.
true
b.
false
34.A general change is one that is beyond the
general scope of the contract and thus cannot be ordered by the contracting
officer under the contract’s changes clause.
a.
true
b.
false
35.A contracting officer may
reconsider, withdraw, or rescind a final decision before the expiration of the
appeals period.
a.
true
b.
false
36.The course of performance
rule applies when one party is aware of how the other is interpreting a term, and
acquiesces in that interpretation. When this happens, he or she is bound by
that interpretation.
a.
true
b.
false
37.The burden of proof is on
government, who is paying the adjustment. The government party must prove the
amount of loss with sufficient certainty so that the determination of the
amount of damages is based on more than mere speculation.
a.
true
b.
false
38.If the government drafts
the problematic language in a contract, then the government is to blame for the
inclusion of the language and must therefore yield to the contractor’s legal
interpretation of the language.
a.
true
b.
false
39.The government has the right only to inspect
and reject work on a prescribed and contracted schedule.
a.
true
b.
false
40.A contractor is generally permitted to recover costs under the
contract regarding which a government change, suspension, or breach occurred
when the impact costs are incurred on other contracts.
a.
true
b.
false
41.
A constructive change
occurs when government actions result in a change to the contract that was not
authorized by a contract modification.
a.
true
b.
false
42.
The contracting officer has
an obligation to issue a final decision on a claim that exceeds $100,000 if the
claim is uncertified or defectively certified.
a.
true
b.
false
43.An ambiguity may be patent
where a word or phrase has two obviously different interpretations or where two
parts of the contract say very different things and are internally
inconsistent.
a.
true
b.
false
44.Substantial compliance
gives the contractor the right to attempt to cure defective performance.
a.
true
b.
false
