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1. Which of the following is false about Government's rights to intellectual property? The Government has the right to use any U.S. patent for a

1. Which of the following is false about Government's rights to intellectual property?

  • The Government has the right to use any U.S. patent for a public purpose without paying compensation to the patent holder.
  • As a Government employee, you can file for a patent for an invention you created while on the job; however, the Government is entitled to claim title to the invention.
  • Congressional power to enact the patent and copyright laws is premised upon the U.S. Constitution.

2. Gino was an employee of Ammo Inc, a major supplier of ammunition to the Army. Performing research for Ammo, Gino developed a laser gunsight for the Army's M-27automatic rifle. Although Ammo had three Government contracts, the cost of Gino's research was not allocated directly to any of them. Which of the following represents a correct statement of the parties' rights in the technical data concerning the gunsight's development?

  • The Government receives no rights in the data unless Ammo decides to give it the data, but, if the Government does receive any rights in the data, it receives unlimited rights.
  • The Government receives no rights in the data unless Ammo decides to give it the data, and, if so, the Government receives the data with any limitation on its rights as determined by Ammo.
  • The Government receives unlimited rights in the data, but neither Ammo nor Gino receive anything more than a limited license, not to exceed five years, to manufacture the gunsight and sell it commercially.

3. Which Act gives an interested party the right to a judicial challenge of a procurement in federal court?

  • Bayh-Dole Act
  • Administrative Procedures Act
  • Competition in Contracting Act

4. If an interested party desires to file a protest, which two forums are recommended, in order of preference?

  • The US Court of Federal Claims, the Supreme Court
  • The GAO, the Agency executing the procurement
  • The Agency executing the procurement, the GAO

5. Which of the following statements is true regarding contract ambiguity and interpretation?

  • A contractor is not entitled to its added costs if his/her reasonable interpretation of contract requirements differs from the Government's.
  • One of the most fundamental principles is that a contract must be read as a whole, and in its entirety.
  • In determining the responsibilities of the contracting parties, a review solely of the "statement of work" or item description is sufficient

6. Following award of a construction contract to build a new swimming pool at Delta Air Force Base, the contracting officer conducted a meeting with the contractor and the base athletic director. Pointing to the athletic director, the contracting officer stated, "That's your contact and the person you have to satisfy." Several months later the contractor submits a claim for the cost of five tons of marble, used to enhance the "motivational aspects" of the pool, as requested by the athletic director. Which of the following statements is accurate?

  • The Government must pay for the additional marble if it is determined that the athletic director had been delegated actual authority (express or implied) to bind the Government for the additional work.
  • The Government must pay for the additional marble, because the athletic director was acting within the scope of her apparent authority as an appointed Government representative.
  • The Government is not required to pay for the additional marble, because the request was a sovereign act of the federal government.

7. In a non-commercial government contract, the Changes Clause gives the Government the right to make unilateral changes of not only the administrative details of the contract, but also:

  • product design and place of delivery.
  • quantities required, product design, and method of shipment.
  • quantities required and place of delivery

8. Reliable filed a written Request for Equitable Adjustment (REA) with the Contracting Officer (CO), which stated "this is not a claim". The CO replied in writing to Reliable that "there is insufficient supporting data to grant any relief," and asked Reliable to provide any additional supporting documentation. Reliable appealed to the U.S. Court of Federal Claims 91 days after receiving this reply. The Government filed a motion to dismiss the appeal. Who prevails, and why?

  • Government prevails, because there was never a request for a final decision.
  • Reliable prevails, because Reliable was not required to comply with the CO's request for additional information.
  • Government prevails, because a CO determination that a claim lacks sufficient documentation cannot be appealed.

9. A Request for Equitable Adjustment can become a claim. In order to resolve a potential issues, the preferred resolution technique is:

  • informal negotiations
  • to encourage the contractor to file a written description as a claim
  • present the matter before an Administrative Board, such as the ASBCA

10. The Air Force awarded a $3 million contract to Wire, Inc. to supply wire harness kits, for installation in all its fighter aircraft in the F-16 program, specifying new and unused couplings. Wire, Inc. ordered re-manufactured couplings from its supplier, incorporated them into the wire harness, and delivered the kits to the Air Force, which failed to note any discrepancies upon its inspection. The Air Force discovered the re-manufactured couplings as the results of an investigation following the crash of an F-16 aircraft containing one of these kits. Which of the following isNOTa remedy available to the Air Force?

  • Revocation of acceptance under the contract based on Wire, Inc.'s fraudulent misrepresentations.
  • Cancellation of all government contracts currently being performed by Wire.
  • Action under the civil False Claims Act, seeking a civil penalty of $10,000 for each violation plus treble damages.

11. What is the most important thing that the Government Contracting Officer should remember when pursuing a termination for convenience?

  • The contractor should be paid for no expenses beyond those associated with the portion of the work performed prior to the termination.
  • The contractor must submit a proposal within 5 days of receipt of the notice.
  • To strive for mutual agreement on the termination settlement terms.

12. Debtors are given the opportunity to exercise certain rights before the Agency reports a debt to a credit bureau or makes an administrative offset. One of these rights is:

  • The Agency must allow the debtor a period of one year in which to resolve the debt before taking further action.
  • After notification, the debtor may submit evidence pertaining to the debt.
  • The Agency may not take action on the debt if it has been more than 30 days since notification.

13. You identify a contractor debt on Wednesday, November 9. What is thelatestdate you should issue a demand for payment letter?

  • Monday, November 14
  • Wednesday, December 7
  • Wednesday, November 16

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