Final Q&A Flashcards
Wrong answers
Under what circumstances can a contractor request an extension of time for completion of a construction contract and what is the process for making such a request according to FAR part 11.5?
A contractor can request an extension of time within 10 days of the beginning of a delay caused by a variation in estimated vs actual quantity of unit-priced items.
A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items exceeds +/- 15%. The request must be made within 10 days of the beginning of the delay.
A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items is less than +/- 15%. The request must be made within 10 days of the beginning of the delay.
A contractor cannot request an extension of time for completion.
FAR 11.5
B. A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items exceeds +/- 15%. The request must be made within 10 days of the beginning of the delay.
Explanation:
FAR Part 11.5 addresses “Liquidated Damages” for construction contracts and includes provisions related to delays caused by variations in quantities. Specifically, under FAR 11.503, a contractor is allowed to request an equitable adjustment (including time extensions) if there is a substantial variation in the estimated versus actual quantities of unit-priced items. The threshold for such a request is typically a variation exceeding +/- 15%.
Additionally, the contractor is required to notify the contracting officer within 10 days of the start of the delay to ensure timely processing of the request.
Which of the following shall not be made available to a member of the public under the Freedom of Information Act?
A statement made by a contracting officer to a mediator to resolve a dispute
A complaint received by the FCC about an inappropriate television broadcast
An FBI report profiling the suspect in an unsolved crime
An agreement giving a photographer access to photograph military assets
FAR 24
A. A statement made by a contracting officer to a mediator to resolve a dispute
Explanation:
Under the Freedom of Information Act (FOIA), certain types of information are exempt from disclosure to the public. FAR Part 24 implements FOIA guidelines to protect sensitive information. The following exemptions under FOIA are relevant:
Exemption 4: Protects trade secrets and confidential commercial or financial information.
Exemption 5: Protects inter-agency or intra-agency communications that are privileged, such as:
Attorney-client privilege
Deliberative process privilege
Which of the following contract modifications needs to be signed by both the contractor and the contracting officer?
A termination notice
An agreement definitizing a letter contract
A change authorized by the Options clause
An administrative change
An agreement definitizing a letter contract
Except as authorized by law, what is the maximum term of contracts for severable services that are funded by annual appropriations?
100 days
Five years
Until the end of the fiscal year of the appropriation
There is no maximum specified by the FAR
Until the end of the fiscal year of the appropriation
Which of the following is not a function of the General Services Administration?
Provides digital pricing tools to help federal contracting officers and others find awarded prices to use in negotiations
Management of U.S. Federal property
Allows federal agencies to acquire a wide range of commercial products, services, and software solutions from pre-approved vendors using a Multiple Award Schedule
Procurement Innovation Resource Center which provides guidance and tools to assist the GSA acquisition team with incorporating innovation into procurements
Administers foreign aid programs and humanitarian assistance to federal agencies.
FAR Part 41.203
E. Administers foreign aid programs and humanitarian assistance to federal agencies.
Explanation:
The General Services Administration (GSA) primarily focuses on managing federal property, procurement, and providing resources and solutions to federal agencies to streamline acquisition processes. FAR Part 41.203 pertains to energy procurement but does not address foreign aid or humanitarian assistance, which are responsibilities handled by other agencies such as the U.S. Agency for International Development (USAID) or the Department of State.
What is a CPSR and what is its purpose?
Contractor Pricing System Review; to ensure that a contractor is correctly and accurately applying dollar thresholds in its pricing
Contractor Purchasing System Review; to evaluate the efficiency and effectiveness with which the contractor spends Government funds
Counterfeit Part Surveillance Report; to detect and avoid the use of parts which have been misrepresented or unlawfully reproduced
Contractor Program Status Register; to record the price, quality, delivery, and technical and financial capabilities of competing vendors
Contractor Purchasing System Review; to evaluate the efficiency and effectiveness with which the contractor spends Government funds
Which is not one of the two types of Value-Engineering approaches?
Incentive approach
Teaming approach
Mandatory program
None of the above
FAR Part 48
Teaming approach
When a make-or-buy program is required of a contractor, how should major items be categorized?
“Can-make,” “can-buy,” or “can make or buy”
“Shall make” or “shall buy”
“Must make,” “must buy,” or “can either make or buy”
“Raw material,” “commercial item,” or “off-the-shelf item”
“Must make,” “must buy,” or “can either make or buy”
Which statute applies to a contract for the dismantling, demolition, or removal of improvements under FAR Part 37.301, unless further construction work is intended at that location?
The Service Contract Labor Standards statute.
The Davis-Bacon Act.
The Walsh-Healey Public Contracts Act.
The Fair Labor Standards Act.
FAR Part 37.301
B. The Davis-Bacon Act.
Explanation:
FAR 37.301 states that the Davis-Bacon Act applies to contracts for the dismantling, demolition, or removal of improvements if further construction work is intended at the location. This is because the Davis-Bacon Act is designed to ensure that workers on federally funded or assisted construction projects are paid prevailing wages.
However, if no further construction work is planned, the contract is treated as a service contract, and the Service Contract Labor Standards statute may apply instead.
Analysis of Other Options:
The Service Contract Labor Standards statute: This applies to service contracts but not when further construction is intended at the location after demolition. The Davis-Bacon Act takes precedence in those cases.
The Davis-Bacon Act: Correct, as it applies to contracts involving construction, alteration, or repair, including those where demolition is part of a broader construction effort.
The Walsh-Healey Public Contracts Act: This applies to manufacturing or furnishing materials, supplies, articles, or equipment and is not relevant to construction or demolition contracts.
The Fair Labor Standards Act: This governs minimum wage, overtime pay, and other labor standards but does not specifically apply to federal construction or demolition contracts.
When should the contracting officer charge interest on the balance of an advance payment?
When the contract is for research and development
For all contracts, except when interest is excluded by statute or agency procedures
Only under cost-reimbursement contracts with state or local governments
Always
For all contracts, except when interest is excluded by statute or agency procedures
A contract that is awarded using other than sealed bidding procedures is what?
A sole source contract
A negotiated contract
Always the best value for the Government
Not described in the FAR
A negotiated contract
If the contractor does not have an approved purchasing system, and the agency awards a covered contract type, then consent to subcontract is required for…
subcontracts for advisory and assistance services.
subcontracts that exceed the micro-purchase threshold.
cost-reimbursement, time-and-materials, labor-hour subcontracts or letter contracts and unpriced actions.
all subcontracts.
FAR Part 44
C. cost-reimbursement, time-and-materials, labor-hour subcontracts or letter contracts and unpriced actions.
Explanation:
FAR Part 44.201-1 outlines the requirements for consent to subcontract when a contractor does not have an approved purchasing system. Specifically:
Consent to subcontract is required for certain types of subcontracts, particularly when the contract type involves greater risk to the government, such as:
Cost-reimbursement subcontracts (since costs are reimbursed directly, government oversight is critical).
Time-and-materials or labor-hour subcontracts (where payment is based on labor hours and materials, increasing risk of inefficiency).
Letter contracts and unpriced actions (where terms are not fully negotiated, and potential risks are higher).
Subcontracts for fixed-price contracts below certain thresholds generally do not require consent unless specifically outlined in the prime contract
What is the term for the amount of money specified in a bond as the maximum payment for which the surety is obligated?
Bonded amount
Guaranteed amount
Performance amount
Penal amount
Penal amount
Which of the following scenarios requires posting an RFQ on e-Buy?
When the order consists of brand name specifications.
When using sole source procurement methods only.
When utilizing blanket purchase agreements (BPAs).
When the order is not being placed against a GSA schedule.
FAR Part 8.404-6
A. When the order consists of brand name specifications.
Explanation:
FAR Part 8.404-6 outlines the requirements for placing orders against General Services Administration (GSA) Federal Supply Schedules (FSS). When an agency specifies brand name products in a request for quotation (RFQ), the e-Buy system must be used to post the RFQ, unless one of the limited exceptions applies. This requirement is intended to promote competition and transparency.
Analysis of Other Options:
When the order consists of brand name specifications: Correct, as FAR 8.404-6(c) specifies that RFQs with brand name requirements must be posted on e-Buy to ensure fair opportunity for vendors to compete.
When using sole source procurement methods only: Sole source procurement generally bypasses competitive solicitation, so posting on e-Buy is not required.
When utilizing blanket purchase agreements (BPAs): BPAs established under a GSA schedule have separate procedures, and posting on e-Buy is not mandatory unless the order has brand name specifications.
When the order is not being placed against a GSA schedule: e-Buy is specifically designed for use with GSA schedule contracts, so this is not applicable.
A contractor infringes on a copyright with the authorization of the Government. What remedy is available to the copyright holder?
A suit for monetary damages against the Government in the Court of Federal Claims
An injunction against the Government, prohibiting use of the copyrighted material
A suit for monetary damages against the contractor in a Federal court
No relief is available to the copyright holder
A suit for monetary damages against the Government in the Court of Federal Claims
A failure in estimating, accumulating, or reporting costs to comply with applicable cost accounting standards is called what?
Deviation
Nonconformity
Noncompliance
Digression
Noncompliance
Who is authorized to sign a contract on behalf of the United States?
Only the contracting officer
The contracting officer, or a representative appointed by the contracting officer
Any representative of the procuring agency
Only the senior procurement executive of the procuring agency
Only the contracting officer
If hazardous materials are expected to be used during contract performance, what must the apparent successful offeror do prior to contract award?
Make all reasonable efforts to procure nonhazardous materials instead
Make a list of the hazardous materials to be used available to the public
Furnish hazardous material data on a Material Safety Data Sheet
Require bonding and insurance during performance of the contract
Furnish hazardous material data on a Material Safety Data Sheet
A mineral required for production in performance of a contract is not mined in the United States, but can be acquired from another country. How does the Buy American statute apply in this case?
The mineral must be acquired from a domestic supplier
The mineral is considered a foreign end product
Performance of the contract must be stopped until a domestic substitute becomes available
The mineral may be acquired from a foreign source if it is in the best interest of the Government
The mineral may be acquired from a foreign source if it is in the best interest of the Government
Agencies shall use simplified acquisition procedures to the maximum extent practicable…
for all purchases of supplies or services exceeding the simplified acquisition threshold.
for all purchases of supplies or services not exceeding the simplified acquisition threshold, including purchases at or below the micro-purchase threshold.
for all purchases of supplies or services not exceeding the micro-purchase threshold.
for all purchases of supplies or services between the micro-purchase threshold and the simplified acquisition threshold.
for all purchases of supplies or services not exceeding the simplified acquisition threshold, including purchases at or below the micro-purchase threshold.
xcept as specifically permitted by executive agencies, the fast payment procedure may not be used for individual purchasing instruments exceeding what amount?
$15,000
$75,000
$35,000
$10,000
$35,000
Which of the following is true about size standards?
The size standards established by the SBA are universal for all industries
NAICS codes are updated by OMB every year
A new NAICS code can be used for up to 12 months before SBA issues a size standard for it
Application of size standards includes specifying the size standard in the solicitation
The statutory limit when negotiating fee for a Cost-Plus-Fixed-Fee contract for maintenance services is what percent of the contract’s estimated cost, excluding fee?
10 percent
15 percent
6 percent
There is no fee limitation
FAR 15.404-4(c)(4)(i) or FAR 16.306(c)
A. 10 percent
Explanation:
Under FAR 15.404-4(c)(4)(i) and FAR 16.306(c), when negotiating a fee for a Cost-Plus-Fixed-Fee (CPFF) contract, statutory fee limitations are set depending on the type of work:
Research and Development Work: The fee limit is 15% of the contract’s estimated cost (excluding the fee).
Architectural and Engineering Services: The fee limit is 6%.
Other Work, including maintenance services: The fee limit is 10% of the contract’s estimated cost (excluding the fee).
Which of the following is a system whereby the contracting officer receives authorization from a fiscal and accounting officer to obligate funds on purchase documents against a specified lump sum of funds reserved for the purpose for a specified period of time rather than obtaining individual obligation authority on each purchase document?
a charge account.
long lead funding.
bulk funding.
a blanket purchase agreement (BPA).
C. Bulk funding.
Explanation:
Bulk funding is a method where a lump sum of funds is reserved for a specific purpose and period, allowing the contracting officer to obligate funds against that sum without needing individual obligation authority for each purchase document. This approach simplifies administrative procedures for multiple small purchases by using a pre-approved pool of funds.
Analysis of Other Options:
A charge account: This term is not relevant in the context of government contracting or funding mechanisms under the FAR.
Long lead funding: Refers to the allocation of funds for items or components that require a long lead time to produce or procure, not a system for obligating funds for multiple purchases.
Bulk funding: Correct. This method reserves a lump sum of funds for specified uses, streamlining the process for small purchases.
A blanket purchase agreement (BPA): BPAs are agreements between the government and a vendor to simplify repetitive purchases of supplies or services. They are not a funding mechanism but rather a procurement t