Legal Considerations in Contracting: Practice Questions and Answers, Exams of Health sciences

Download Legal Considerations in Contracting: Practice Questions and Answers and more Exams Health sciences in PDF only on Docsity! CON 216 Legal Considerations in Contracting test 2 practice questions and answers 2024 Acme Corporation submits an initial proposal to perform maintenance on target drone aircraft at NAS DESERT VISTA. During discussions, the contracting officer notes that Acme's price calculations are based on the premise that Acme will hire mechanics at the labor rates contained in the Department of Labor (DOL) wage determination. The contracting officer notes that Acme already has a contract to provide aircraft maintenance at NAS DESERT VISTA and that the unionized mechanics working under that contract already receive wages higher than the DOL prevailing rate. The contracting officer questions whether Acme will be able to pay new employees less than the wages already being paid to current employees. Acme's project manager concedes it could be a problem and reluctantly agrees to recalculate Acme's price, but complains that "we might lose the contract because of this." Acme's final proposal revision increases the propo - Correct answer The protest will be dismissed as untimely, because Acme was aware of this ground of protest before submitting the final proposal revision and therefore had to file the protest prior to that time. You have a disagreement with the contractor over the meaning and requirements of a very detailed technical specification. Government experts are adamant that the spec means one thing, while the contractor's technical personnel insists the spec must be read their way. Several meetings have been held between Government and contractor personnel attempting to resolve the specification interpretation issue. The meetings have been friendly, cordial and open, but the parties are no closer to resolving the dispute. Despite lengthy, detailed technical discussions between the parties, the experts on both sides are still convinced that they are right and the other side is mistaken. Which ADR technique would give the best chance for resolving the impasse? - Correct answer Arbitration using a subject matter expert respected by both sides to render an informed decision based on the merits. Your contractor has completed all deliveries two weeks ago. During contract performance, you have been paying the contractor through an assignment of claims. He is now asking to be released from the assignment of claims since contract performance has been completed. As the Contracting Officer, what should you do? - Correct answer Require the contractor to file a written notice of release with an original copy of the release of assignment instrument. What party fits the GAO "interested party" definition and therefore can file a protest to an agency procurement? - Correct answer An agency tender official under an A-76 competition Delta Corp is awarded a FAR Part 12 commercial item contract for 100 television sets to be installed in a new Navy Bachelor Officer Quarters. FAR Clause 52.212-4 is included in the contract and has not been tailored. The sets are delivered and installed two days after acceptance. At that time, it is discovered that 10 of the television sets do not work. The Contracting Officer has the right to issue a letter revoking acceptance of those ten television sets and demanding replacements. - Correct answer TRUE Which method is used to resolve disputed facts to determine the amount of an equitable adjustment when the contractor is clearly entitled to an equitable adjustment (clear proof of injury) and sufficient evidence exists for a fair approximation of the amount of the adjustment (damages)? - Correct answer Total cost method Sluggish Corporation Inc. receives an RFP which contains a design specification for a piece of equipment to be manufactured by the winning offeror. Upon review of the specification, the President, Mr. Tortoise, concludes that the specification is "restrictive", in that the specification contains detailed technical requirements that appear to have been taken directly from the descriptive literature of a product manufactured by the Hare Corporation. Mr. Tortoise chooses not to submit an offer. Two months later, after the due date for proposals but before the time for contract award, Mr. Tortoise files a protest at GAO, alleging the RFP specification was restrictive. GAO will most probably: - Correct answer Dismiss the protest as untimely. Which protest PARTICIPANT reviews the agency's action to ensure that the agency acted in accordance with law? - Correct answer Government Accountability Office The Contracting Officer's written action on a claim is referred to as a - Correct answer Contracting Officer's Final Decision. Your contractor has completed all deliveries two weeks ago. During contract performance, you have been paying the contractor through an assignment of claims. He is now asking to be released from the assignment of claims since contract performance has been completed. As the Contracting Officer, Able contractors has just be debriefed after losing a Government contract. Based upon their product knowledge and knowledge of their competitor's products, Able believes that their offer represented the best value for the Government and the source selection must not have been properly conducted. The information presented at the debrief only reinforces his determination to file a protest. As he leaves, he tells the contracting officer You'll be hearing from my attorney! At this juncture, the contracting offer's best action would be to: - Correct answer Invite the contractor to have his attorney present at any protest to the agency first. (Basically it is best to start with agency) Which is correct about an assignment of claims? - Correct answer An assignment of claims is used to help contractors obtain private financing for a Government contract. Which of the following parties would not be considered an "Interested Party" as defined by the FAR? - Correct answer A company who did not submit a bid and would not receive the award even if its protest was sustained. The government awards a contract to Acme under FAR part 12 to procure 240 chairs and 40 tables from a commercial source. The contract specifies a delivery date of January 15th and the place of delivery is Building 450 of the Naval Station. On January 10th, the contracting officer issues a unilateral change order pursuant to the contract's changes clause, changing the place of delivery to Building 10 of the Naval Submarine Base, which is located 10 miles away from the originally designated site of delivery. This charge order is: - Correct answer Invalid, because this change should be a bilateral change agreed to by the contractor. Which alternative disputes resolution procedure involves a neutral third party who listens to the issues from both parties and conducts an interested-based negotiation to resolve the contract issues? - Correct answer Mediation Which method is used to resolve disputed facts to determine the amount of an equitable adjustment when the contractor is clearly entitled to an adjustment (clear proof of injury) and sufficient evidence exists for a fair approximation of the amount of the adjustment (damages)? Jury Verdict (7.2) - Correct answer Jury Verdict (7.2) What is a complaint? - Correct answer A legal pleading that sets forth the factual and legal basis for a contractor's claim You have a $1200 contract for 15 desks at $80 per unit. Your contractor has made delivery on 60% of the desks ordered. Up until now, he has been receiving payments for supplies delivered to his main office. He is now requesting that payment for the balance of the desks to be delivered. Be assigned to his bank. You, as the Contracting Officer, on the contract must decide if his is permissible at this point in time. An assignment of claims is permissible in this situation. - Correct answer False A co-worker retired recently. You have been given many of her contracts to administer. One of these is a contract to replace the roofs on several Government building in the area. As you start going through the stack of mail that she had, you find a FEDEX package containing a letter from the roofing contractor. In the letter the contractor states that the COR on the project had instructed him to make a change to a specification of the roofing materials to withstand an approaching hurricane forecasted to hit within days. Due to the impending hurricane, the contactor stated that if he did not hear back immediately, he would proceed with the COR's requests. What type of contract change occurred? - Correct answer Constructive Change (6.4)