i NEED ANSWERED ALL QUESTIONS ASAP BY 11PM TONIGHT ...

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? D 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 a. b. c. d. of the following are types of alternative dispute resolution (ADR)? C arbitration, fact-finding, partnering mediation, researching, discovery arbitration, mediation, jury selection none of the above 3. An equitable adjustment has __________.C 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? C 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 a. b. c. act gives an interested party judicial challenge in federal court? B Appropriations Act Administrative Procedure Act Competition in Contracting Act 07/10/2016 1 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 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 _________________ via writ of certiorari. 14. List the steps involved in the assignment of claims process. 1. 2. 3. 07/10/2016 2 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 involve the 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 _________________. 07/10/2016 3 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 are examples 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. 07/10/2016 4 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 cannot file 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 07/10/2016 5 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 07/10/2016 6