Final Exam Chapter 7

Question 1

1. Where are the vast majority of protests filed by contractors?
   a. Local Contracting Office
   b. GAO
   c. Through their Congressman
   d. Court of Contracts Appeals

Answer 1

b. GAO

Question 2

2. What is the first thing a CCO should do upon notification of a protest?
   a. Put a copy of the protest paperwork in the file under the administration tab
   b. Contact Legal Counsel
   c. Notify the contractor to stop performance if the protest is received after award is made
   d. Nothing, the contractor needs to gather documentation

Answer 2

b. Contact Legal Counsel

Question 3

3. How long does the Government have to submit a report to a GAO protest?
   a. 30 days
   b. 31 days
   c. 60 days
   d. 120 days

Answer 3

a. 30 days

Question 4

4. How long does the GAO have to formulate a decision in response to a protest?
   a. 75 days
   b. 90 days
   c. 100 days
   d. 120 days

Answer 4

c. 100 days

Question 5

5. When the agency has received notice of a protest filed directly with the GAO, a contract may be awarded under the following circumstances except…
   a. Untimely award would delay project completion date
   b. Authorized in accordance with agency procedures
   c. Head of contracting activity consents to award
   d. Urgent and compelling circumstances does not permit awaiting GAO decision

Answer 5

a. Untimely award would delay project completion date

Question 6

6. A CCO shall immediately suspend performance or terminate the awarded contract when…
   a. The agency received notice of a protest from the GAO within 10 days after the contract award or within 5 days after a debriefing date
   b. The agency received notice of a protest from the GAO within 15 days after the contract award or within 20 days after a debriefing date
   c. When there is reasonable expectation of an interested party filing a protest with the GAO
   d. Only after the contractor is repetitively delinquent in submitting their monthly invoices

Answer 6

a. The agency received notice of a protest from the GAO within 10 days after the contract award or within 5 days after a debriefing date

Question 7

7. The HCA may authorize contract performance notwithstanding a protest…
   a. On a delegable basis upon finding that contract performance will be in the best interest of the United States and Urgent and compelling circumstances exist
   b. On a nondelegable basis upon finding that contract performance will be in the best interest of the United States and urgent and compelling circumstances exist
   c. On a nondelegable basis upon written finding that contract performance will be in the best interest of the United States and urgent and compelling circumstances exist
   d. Only upon verification from the CCO the protest was a mistake and will be shredded at their earliest convenience

Answer 7

c. On a nondelegable basis upon written finding that contract performance will be in the best interest of the United States and urgent and compelling circumstances exist

Question 8

8. When performance has been suspended or terminated, the contracting officer should attempt to negotiate
   a. Liquidated damages settlement
   b. Credit to the Government
   c. Future performance at a reduced cost
   d. Mutual agreement on a no-cost basis

Answer 8

d. Mutual agreement on a no-cost basis

Question 9

9. To whom must the government submit its agency report to during the first 30 days?
   a. GAO and HCA
   b. GAO and Protestor
   c. GAO and COR
   d. Both A and B

Answer 9

b. GAO and Protestor

Question 10

10. When responding to a protest, all of the following documents are required in an agency report to the GAO with the exception of:
    a. CCOs Statement of Relevant Facts
    b. The solicitation
    c. Evaluation documentation
    d. All are required

Answer 10

d. All are required

Question 11

11. A written demand or assertion seeking payment of money, the adjustment or interpretation of contract terms, or relief arising under a contract is a:
    a. Equitable Adjustment
    b. Dispute
    c. Protest
    d. Claim

Answer 11

d. Claim

Question 12

12. A claim exceeding $100,000 should be
    a. Complete and accurate
    b. Certified by the contractor
    c. Sent via certified mail
    d. Certified by the CCO

Answer 12

b. Certified by the contractor

Question 13

13. Within the period specified by the FAR for certified claims exceeding $100,000, the CCO must:
    a. Immediately proceed with Alternate Dispute Resolution (ADR)
    b. Pay the contractor the amount in dispute
    c. Negotiate a reduced settlement and pay the contractor the agreed upon amount
    d. Issue a final decision or notify the contractor when a final decision will be issued

Answer 13

d. Issue a final decision or notify the contractor when a final decision will be issued

Question 14

14. How long after receipt of a certified claim exceeding $100,000 must a CCO issue a final decision or notify the contractor when a final decision will be issued?
    a. 20 Days
    b. 30 Days
    c. 45 Days
    d. 60 Days

Answer 14

d. 60 Days

Question 15

15. What may result, as a result of the CCO final decision to deny (either in part or in total) from a contractors claim?
    a. A modification by the contracting officer to increase CLIN 0005
    b. The contractor may appeal the decision to the GAO
    c. A dispute by the contractor under the applicable contract disputes clause
    d. Nothing. The CCO’s decision is final

Answer 15

c. A dispute by the contractor under the applicable contract disputes clause

Question 16

16. What is the key to success in prosecuting any contract dispute?
    a. Obtaining a strong legal team
    b. The support the CCO receives from his commanding officers
    c. Availability of supporting contract documents
    d. Destroying documentation that would weaken the Government case

Answer 16

c. Availability of supporting contract documents

Question 17

17. Alternative Dispute Resolution (ADR) procedures
    a. Can be applied to all or a portion of a claim
    b. Can be used anytime
    c. Does not constitute a reconsideration of the final decision
    d. All of the above

Answer 17

d. All of the above

Question 18

18. When participating in ADR, a CCO should:
    a. Be professional and observe local customs at all times
    b. Talk to the mediator not to the disputing contractor to resolve an issue since the mediator is there to render a verdict
    c. Be prepared, develop an appreciation for the other side’s view and use simple clear and concise language focusing on the objective
    d. Both A and C

Answer 18

d. Both A and C

Question 19

19. What options do CCOs have available to compensate for seized property?
    a. Ratification, public law, host nation agreement, and commanders decision
    b. Retroactive leases, ratification, claims adjudication, and finance office determination
    c. Public Law, host nation agreement, commanders decisions, and finance office determination
    d. Claims adjudication, retroactive leases, and ratification

Answer 19

d. Claims adjudication, retroactive leases, and ratification

Question 20

20. What is a highly effective tool that can help understand issues?
    a. Executive Orders
    b. Reachback
    c. Legal guides
    d. Defense Acquisition University

Answer 20

b. Reachback

Question 21

21. What document maintains a list of private and public property obtained during hostilities?
    a. Property Disposal Book
    b. Property Control Record Book
    c. Contingency Contracting Handbook
    d. Command’s internal logistics documentation

Answer 21

b. Property Control Record Book