1. Government contract law has its roots in the Constitution, Statutes, and which of the following:
   • Napoleonic Code
   • Uniform Commercial Code
   • Administrative Decisions
   • Executive Orders
2. In exercising the broad discretion granted by the Constitution, Congress can approve funding levels contained in the President's budget request, increase or decrease those levels, or:
   1. nothing; these are the only two options available to Congress.
   2. add programs not requested by the Administration.
   3. initiate contracts to be used by the Executive Branch.
   4. require new budget proposals from the Executive Branch.
3. This type of DoD appropriations areusedto finance investment items, andshould cover all costs necessary to deliver a useful end item intended for operational use or inventory.
   1. Procurement
   2. Operations & Maintenance
   3. Personnel
   4. Research, Development, Test, & Evaluation
4. The three- part test to determine whether an expenditure is proper under the Purpose Statute consists of the following parts:
   1. It must be approved by an Agency senior manager.
   2. It must not be otherwise provided for.
   3. It must not be prohibited by law.
   4. It must be for a particular statutory purpose, or necessary and incident to proper execution of the general purpose of the appropriation.
   5. It must be approved by a Contracting Officer.
   6. It must be explicitly authorized in an Authorization Act.
5. The authority of the executive branch to enter into a contract is:
   1. based upon the Federal Acquisition Regulation.
   2. based exclusively on statutes enacted by Congress.
   3. an inherent power that may be used to implement the constitutional duties and responsibilities of the executive branch.
   4. an inherent power that may not be limited in any way by the other branches of the federal government.
6. Which of the following is false about Government's rights to intellectual property?
   1. The Government has the right to use any U.S. patent for a public purpose without paying compensation to the patent holder.
   2. If a Government contract authorizes the contractor to use an invention covered by a U.S. patent, and the patent owner sues the Government for patent infringement, the Government may seek reimbursement from the contractor.
   3. 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.
   4. Congressional power to enact the patent and copyright laws is premised upon the U.S. Constitution.
7. 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?
   1. 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.
   2. The Government is entitled to Government purpose rights, Ammo has the right to take commercial advantage of the idea, and Gino receives no property rights.
   3. 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.
   4. 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.
8. Match the intellectual property with the type of protection it would require.
   1. Garrett Morgan's traffic light
      1. Copyright
      2. Patent
      3. Trade Secret
      4. Trademark
   2. KFC's blend of 11 herbs and spices
      1. Copyright
      2. Patent
      3. Trade Secret
      4. Trademark
   3. MGM's roaring lion
      1. Copyright
      2. Patent
      3. Trade Secret
      4. Trademark
   4. Anish Kapoor's sculpture in Chicago's Millennium Park
      1. Copyright
      2. Patent
      3. Trade Secret
      4. Trademark
9. What type of data rights is described below? Created exclusively with private funds. Contractor has the right to restrict the Government's rights to use, modify, release, reproduce, perform, display or disclose technical data pertaining to items, components, or processes.
   1. Government Purpose Rights
   2. Unlimited Rights
   3. Technical Data Rights
   4. Limited Rights
10. Which Act gives an interested party the right to a judicial challenge of a procurement in federal court?
    1. Appropriations Act
    2. Bayh-Dole Act
    3. Administrative Procedures Act
    4. Competition in Contracting Act
11. If an interested party desires to file a protest, which two forums are recommended, in order of preference?
    1. The GAO, the Court of Federal Claims
    2. The US Court of Federal Claims, the Supreme Court
    3. The GAO, the Agency executing the procurement
    4. The Agency executing the procurement, the GAO
12. In order to allow limited access to protected information relevant to a protest (primarily for attorneys involved in a protest), GAO may issue a:
    1. Suspension Order
    2. Protective Order
    3. Stay of Performance
    4. Injunction
13. You are administering a million dollar contract with Rapid Flight, Inc. To date, $150,000 of the contract been paid to the National Aerospace Credit Union under an assignment of claims. You have just received notice from the IRS that Rapid Flight, Inc. is delinquent in paying back taxes in the amount of $500,000. The IRS wants all future payments on the contract sent to them to cover the back taxes, penalties, and interest. What do you do?
    1. Direct the National Aerospace Credit Union to issue a release of claims so you can send future payments to the IRS.
    2. Immediately start sending all contract payments to the IRS.
    3. If a no set-off provision is included in the contract, notify the IRS that you cannot divert the contract payments.
    4. Terminate the contract.
14. Which of the following statements is true regarding contract ambiguity and interpretation?
    1. "All parts of the contract" does not include those items incorporated by reference.
    2. A contractor is not entitled to its added costs if his/her reasonable interpretation of contract requirements differs from the Government's.
    3. One of the most fundamental principles is that a contract must be read as a whole, and in its entirety.
    4. In determining the responsibilities of the contracting parties, a review solely of the "statement of work" or item description is sufficient
15. 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?
    1. 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.
    2. 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.
    3. The Government is not required to pay for the additional marble, because it can deny responsibility for the athletic director's action under the concept of estoppel.
    4. The Government is not required to pay for the additional marble, because the request was a sovereign act of the federal government.
16. 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:
    1. product design and place of delivery.
    2. quantities required, product design, and method of shipment.
    3. quantities required and place of delivery
    4. specifications and required incorporation of newly discovered technologies.
17. Which of the following statements regarding equitable adjustments isincorrect:
    1. If the specific cost method cannot be used, the total cost method should be employed. Estimated costs should be used only as a last resort.
    2. The actual cost method is the preferred method for proving costs. Under this approach, the contractor isolates the specific costs associated with the adjustment and proves those costs with the best evidence available.
    3. The contractor may, in some circumstances, recover unabsorbed overhead.
    4. The total cost method calculates the difference between the bid price on the original contract and the actual total cost of performing the contract as changed.
18. 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?
    1. Government prevails, because Reliable's appeal was not filed in a timely manner.
    2. Government prevails, because there was never a request for a final decision.
    3. Reliable prevails, because Reliable was not required to comply with the CO's request for additional information.
    4. Government prevails, because a CO determination that a claim lacks sufficient documentation cannot be appealed.
19. A Request for Equitable Adjustment can become a claim. In order to resolve a potential issues, the preferred resolution technique is:
    1. informal Alternative Dispute Resolution (ADR)
    2. informal negotiations
    3. to encourage the contractor to file a written description as a claim
    4. present the matter before an Administrative Board, such as the ASBCA
20. 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?
    1. Revocation of acceptance under the contract based on Wire, Inc.'s fraudulent misrepresentations.
    2. Action under the Major Fraud Act seeking ten years imprisonment of the responsible officials.
    3. Cancellation of all government contracts currently being performed by Wire.
    4. Action under the civil False Claims Act, seeking a civil penalty of $10,000 for each violation plus treble damages.
21. When two or more contractors intentionally agree to allow each other to win contracts at pre-determined prices rather than compete independently for the work, this is known as:
    1. Collusive bidding
    2. Kickbacks
    3. Product substitution
    4. False statements
22. When this administrative remedy is invoked, offers will not be solicited from, contracts will not be awarded to, existing contracts will not be renewed or otherwise extended for, and subcontracts requiring Government approval will not be approved.
    1. Denial of Claims
    2. Suspension or Debarment
    3. Termination for Fraud
    4. Contract Rescission
23. ACME INC. is currently performing a cost type R&D contract for development of a new, safer ejection seat for high performance aircraft. Bob, an Air Force contract administrator, while reviewing an invoice submitted by ACME for reimbursement of cost incurred on the project, becomes concerned when some of the items of claimed cost seem "fishy". Many of the items invoiced for don't seem to be necessary for the work, and the lead researcher, Dr. Feelgood, was billed for 160 hours that month when Bob knows for a fact that Dr. Feelgood was out of town on vacation. What should Bob do?
    1. Call the contractor on a recorded line and try to get them to admit to the fraudulent billing.
    2. Pay the invoice, and see if there are issues on the next invoice.
    3. Report his suspicions the the Contracting Officer and the Agency procurement fraud attorney, GAO, or Inspector General.
    4. Refer the contractor for suspension and debarment.
24. What is one reason for atermination for convenience?
    1. The contractor has breached one or more terms of the contract.
    2. The contractor doesn't want to perform the contract anymore.
    3. Supplies or services being contracted for are no longer needed.
    4. The Government would prefer a different contractor.
25. What is the most important thing that the Government Contracting Officer should remember when pursuing a termination for convenience?
    1. The contractor should be paid for no expenses beyond those associated with the portion of the work performed prior to the termination.
    2. That the contractor must submit a termination settlement proposal that conforms with Cost Accounting Standards.
    3. The contractor must submit a proposal within 5 days of receipt of the notice.
    4. To strive for mutual agreement on the termination settlement terms.
26. FAR 12.403 states that the Contracting Officer shall send what kind of notice prior to terminating a commercial item contract for cause for any reason other than late delivery?
    1. Letter of concern
    2. Show cause notice
    3. Notice of termination
    4. Cure notice
27. When a contractor has defaulted on a non-commercial contract by failure to make delivery of supplies or to perform a service within the specified time, no cure notice is required to be sent to the contractor before issuance of a show cause notice.
    1. True
    2. False
28. While sitting at your desk, a subcontractor calls and notifies you that the prime contractor purchased materials from her but has not been paid despite repeated requests for payment. You consult the file and see that an advance payment was made to the prime contractor for the purpose of purchasing supplies. What violation did this debt result from?
    1. Retroactive price reductions
    2. Breach of contract obligations
    3. Correction of defects
    4. Overpayment
29. 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:
    1. The debtor has the right to review all of the accounting records pertaining to the alleged debt.
    2. The Agency must allow the debtor a period of one year in which to resolve the debt before taking further action.
    3. After notification, the debtor may submit evidence pertaining to the debt.
    4. The Agency may not take action on the debt if it has been more than 30 days since notification.
30. You identify a contractor debt on Wednesday, November 9. What is thelatestdate you should issue a demand for payment letter?
    1. Monday, November 14
    2. Friday, December 9
    3. Wednesday, December 7
    4. Wednesday, November 16