1.
(001) What act simplified the procurement of any item estimated at less than $100,000 and added
the micro-purchase threshold of $2,500?
Correct Answer
A. Federal Acquisition Streamling Act
Explanation
The correct answer is the Federal Acquisition Streamlining Act. This act simplified the process of procuring items estimated at less than $100,000 and introduced the micro-purchase threshold of $2,500. It aimed to streamline and expedite the procurement process for smaller purchases, making it more efficient and cost-effective for the government.
2.
(002) What agency’s objective is to provide aid and counseling to small businesses?
Correct Answer
A. Small Business Administration
Explanation
The Small Business Administration's objective is to provide aid and counseling to small businesses. This agency is specifically dedicated to supporting the growth and development of small businesses by providing resources, loans, and assistance in areas such as business planning, marketing, and financial management. They aim to promote entrepreneurship and help small businesses succeed in a competitive market.
3.
(003) When a government contract is ambiguous, interpretation is normally construed against the
Correct Answer
C. Government
Explanation
When a government contract is ambiguous, interpretation is normally construed against the government. This means that if there is any ambiguity or uncertainty in the contract language, it will be interpreted in favor of the party that did not draft the contract, which in this case is the government. This principle is based on the idea that the government, as the party with more resources and expertise, should bear the responsibility for any ambiguities in the contract.
4.
(003) If a government official clarifies an ambiguous contract, the contractor is entitled to
Correct Answer
C. Rely on the clarification
Explanation
If a government official clarifies an ambiguous contract, the contractor is entitled to rely on the clarification. This means that the contractor can trust and depend on the clarification provided by the government official in order to understand the terms and conditions of the contract. By relying on the clarification, the contractor can proceed with confidence, knowing that they have a clear understanding of their obligations and rights under the contract.
5.
(003) Which is a correct statement concerning sovereign power?
Correct Answer
D. It is the supreme, absolute, and uncontrollable power by which any independent state is
governed.
Explanation
The correct statement concerning sovereign power is that it is the supreme, absolute, and uncontrollable power by which any independent state is governed. This means that sovereign power is the highest authority within a state and cannot be overridden or controlled by any other power or authority. This statement implies that sovereign power is not limited to specific powers delegated by the Constitution or found under specific sections or amendments, but rather encompasses all powers within a state.
6.
(003) The elements of the government’s dual capacity are
Correct Answer
B. Proprietary and sovereign
Explanation
The correct answer is proprietary and sovereign. In the context of the government's dual capacity, proprietary refers to the government acting as a business entity, engaging in commercial activities and transactions. Sovereign refers to the government acting as the ultimate authority and having the power to make and enforce laws. This dual capacity allows the government to both engage in business activities and exercise its authority as a governing body.
7.
(003) As a general rule, what is the government’s status as a party to a contract? The government
Correct Answer
A. Has a dual capacity––that of a party to the contract and as a sovereign.
Explanation
The government's status as a party to a contract is that it has a dual capacity, acting both as a party to the contract and as a sovereign. This means that the government can enter into contracts like any other party, but it also has the authority and power of a sovereign entity, which may impact the rights and obligations of the contractor.
8.
(003) On which type contract can the government be sued?
Correct Answer
D. Implied-in-fact and expressed
Explanation
The government can be sued on contracts that are implied-in-fact and expressed. Implied-in-fact contracts are formed based on the conduct of the parties involved, where their actions imply an intention to enter into a contract. Expressed contracts, on the other hand, are formed through explicit agreements, either written or oral, where the terms and conditions are clearly stated. Therefore, if the government breaches either an implied-in-fact or an expressed contract, they can be sued.
9.
(003) The government cannot be sued on a claim brought on which type contract?
Correct Answer
C. Implied-in-law
Explanation
The government cannot be sued on a claim brought on an implied-in-law contract because this type of contract, also known as a quasi-contract, is not based on the mutual agreement of the parties involved. It is a legal fiction created by the courts to prevent unjust enrichment. Since the government is protected by sovereign immunity, it cannot be held liable for claims arising from implied-in-law contracts.
10.
(003) State law is generally not applied in federal procurement cases since
Correct Answer
B. State courts have no jurisdiction to decide matters of federal procurement.
Explanation
In federal procurement cases, state law is generally not applied because state courts do not have the jurisdiction to decide matters related to federal procurement. Federal procurement falls under the jurisdiction of federal courts, and therefore state courts do not have the authority to make decisions in these cases.
11.
(004) In the principal-agent relationship, which party acts on behalf of another party?
Correct Answer
B. Agent.
Explanation
In a principal-agent relationship, the agent is the party that acts on behalf of another party, known as the principal. The agent is entrusted with the authority to make decisions and take actions on behalf of the principal, while the principal retains the ultimate control and responsibility for the agent's actions. The agent's role is to represent the interests of the principal and act in their best interest, while carrying out the tasks and duties assigned to them. Therefore, the correct answer is "Agent".
12.
(004) Which party is the contractor?
Correct Answer
C. Third party.
Explanation
The correct answer is "Third party." In this context, the term "contractor" typically refers to an individual or entity that is hired to perform a specific task or provide a service. The principal is the party that initiates the contract and typically hires the contractor. The agent is a representative who acts on behalf of the principal. Therefore, the contractor is not the principal or the agent, but rather a separate entity known as the third party.
13.
(005) What are the two categories of actual authority?
Correct Answer
C. Express and implied.
Explanation
The two categories of actual authority are express and implied. Express authority is explicitly granted to an individual through written or verbal communication. Implied authority, on the other hand, is not explicitly granted but is reasonably necessary to carry out the individual's duties or responsibilities.
14.
(005) Express actual authority is created by
Correct Answer
A. Explicit language in writing or orally from the principal to the agent.
Explanation
Express actual authority is created when the principal explicitly communicates their authority to the agent, either through written or oral means. This means that the principal clearly states what actions the agent is authorized to take on their behalf. This type of authority is based on direct communication and is the most straightforward and easily understood form of authority. It ensures that both the principal and the agent are aware of the agent's powers and responsibilities.
15.
(005) Which is characteristic of implied authority?
Correct Answer
D. It is necessary or incidental to carrying out the express authority.
Explanation
Implied authority refers to the authority that is not explicitly stated but is necessary or incidental to carrying out the express authority. This means that even though it may not be specifically mentioned, certain actions or decisions are within the scope of authority because they are essential for fulfilling the express authority. In other words, implied authority allows individuals to take actions that are reasonably necessary to accomplish their assigned tasks or responsibilities, even if those actions are not explicitly mentioned in the written or oral authority.
16.
(006) When government personnel make a mistake, the US Supreme Court has stated that rather
than adopt a rule that might injure the public, it is better
Correct Answer
A. For an individual to occasionally suffer from the mistakes.
Explanation
The US Supreme Court believes that when government personnel make a mistake, it is preferable for an individual to occasionally suffer from the mistakes rather than adopting a rule that might harm the public. This means that the court believes it is better for the individual to bear the consequences of the mistake rather than implementing a rule that could potentially harm the general public.
17.
(006) Who is responsible for ascertaining whether government agents are acting within the
bounds of their authority?
Correct Answer
C. The contractor.
Explanation
The contractor is responsible for ascertaining whether government agents are acting within the bounds of their authority. This means that the contractor has the duty to ensure that government agents are not exceeding their authority or engaging in any unauthorized actions. This responsibility is important to maintain accountability and to ensure that government agents are acting in accordance with the law and regulations.
18.
(007) Estoppel means to restrain
Correct Answer
C. A person to prevent him from contradicting his own previous assertion.
Explanation
Estoppel is a legal principle that prevents a person from contradicting or denying their own previous assertion or statement. This means that once a person has made a certain claim or assertion, they are legally bound by it and cannot later go back on it. Estoppel is used to ensure fairness and prevent individuals from taking advantage of their own inconsistent statements.
19.
(008) When selecting contracting officers (CO), what does the appointing authority consider?
Correct Answer
C. Complexity and dollar value of the acquisition.
Explanation
The appointing authority considers the complexity and dollar value of the acquisition when selecting contracting officers. This means that they take into account the level of difficulty and the monetary value of the acquisition in order to choose the most suitable individual for the role.
20.
(008) A contracting officer (CO) appointment must be reviewed at least
Correct Answer
C. Every five years.
Explanation
A contracting officer (CO) appointment must be reviewed at least every five years. This ensures that the CO's qualifications, skills, and knowledge are up to date and in compliance with the requirements of the position. Regular reviews also allow for any necessary training or re-certification to be conducted, ensuring that the CO is able to effectively carry out their responsibilities in the procurement process. By conducting reviews every five years, the appointing authority can maintain a high level of professionalism and competence among their COs.
21.
(008) Which statement is true concerning the contracting officer’s (CO) appointment or
termination?
Correct Answer
B. In no event will the termination of a contracting officer (CO) be retroactive.
Explanation
The correct answer is "In no event will the termination of a contracting officer (CO) be retroactive." This means that the termination of a contracting officer cannot be applied retroactively, meaning it cannot be applied to actions or decisions made before the termination. This ensures that the termination does not have any negative impact on previous contracts or decisions made by the contracting officer.
22.
(009) What occurs when someone other than the contracting officer (CO) tries to make an
agreement without the authority?
Correct Answer
B. Unauthorized commitment.
Explanation
When someone other than the contracting officer (CO) tries to make an agreement without the authority, it is considered an unauthorized commitment. This means that the person does not have the legal authority to enter into a contract on behalf of the organization. Unauthorized commitments can lead to contract disputes and may require ratification by the appropriate authority to become valid. An unpriced purchase order refers to a purchase order that does not specify the price, while a contract dispute refers to a disagreement between parties regarding the terms or performance of a contract.
23.
(009) What action may be taken for a nonratifiable commitment?
Correct Answer
D. Resolution by the Government Accountability Office (GAO) claim procedures.
24.
(010) For a contract to be enforceable, its terms must be clear enough to permit the
Correct Answer
A. Courts to interpret the duties and obligations to be performed by either party.
Explanation
An enforceable contract requires clear terms that can be interpreted by the courts to determine the duties and obligations of each party involved. The courts play a crucial role in interpreting and enforcing contracts, ensuring that both parties understand their responsibilities and obligations. The other options, such as the contractor, government, or parties themselves interpreting the duties and obligations, are not accurate because they do not have the authority or expertise to provide a legal interpretation of the contract terms.
25.
(011) When no time is stated, how long will an offer continue?
Correct Answer
A. Until the expiration of a reasonable time.
Explanation
When no specific time is mentioned, an offer will continue until a reasonable time has passed. This means that the offer will remain open for a period that is considered reasonable under the circumstances. The determination of what is reasonable can vary depending on the nature of the offer and the context in which it is made. It is important to note that this does not mean the offer will continue indefinitely, but rather until a reasonable amount of time has passed for the offeree to respond.
26.
(011) An offeror’s withdrawal of an offer before acceptance is called a
Correct Answer
C. Revocation.
Explanation
When an offeror withdraws their offer before it is accepted, it is referred to as a "revocation." This means that the offer is no longer available for acceptance by the offeree. The term "cancellation" typically refers to the termination of an existing agreement or contract, rather than the withdrawal of an offer. "Termination" is a broader term that can encompass various reasons for ending an agreement, not specifically related to the withdrawal of an offer. "Breach of contract" refers to a violation of the terms of an already accepted and binding contract, which is not applicable in this scenario.
27.
(011) Which of these is an example of rejecting an offer?
Correct Answer
C. Proposing a counter offer.
Explanation
Proposing a counter offer is an example of rejecting an offer because it involves suggesting different terms or conditions than what was originally proposed. By making a counter offer, the person is indicating that they are not willing to accept the initial offer as it stands and are instead proposing their own terms for consideration. This shows a rejection of the original offer and a desire to negotiate different terms.
28.
(012) Which statement is true concerning communicating acceptance of a contract?
Correct Answer
A. If the time, place, and means of communication are expressed by the offeror, no other time,
place, or means will constitute an acceptance.
Explanation
If the offeror specifies the time, place, and means of communication for accepting a contract, then the acceptance must be made in accordance with those specifications. No other time, place, or means of communication will be considered as a valid acceptance. This means that the offeror has the power to dictate the terms of acceptance and the offeree must adhere to them in order for the acceptance to be valid.
29.
(012) The term “mutual assent” indicates the
Correct Answer
C. Parties involved intend that a contract be formed.
Explanation
The term "mutual assent" refers to the intention of the parties involved to form a contract. It means that both parties have a shared understanding and agreement to be legally bound by the terms of the contract. This is important because for a contract to be valid, there must be a meeting of the minds between the parties involved. So, the correct answer is that "parties involved intend that a contract be formed."
30.
(013) What is the name given to the exchange of promises?
Correct Answer
D. Consideration.
Explanation
Consideration is the name given to the exchange of promises in a contract. It refers to something of value that is given by each party in the contract, such as money, goods, or services. Consideration is essential for a contract to be legally binding, as it demonstrates that there is a mutual exchange of benefits between the parties involved. Without consideration, a promise may be considered gratuitous and not enforceable. Therefore, consideration is a crucial element in the formation of a contract.
31.
(013) What is meant by adequate consideration?
Correct Answer
D. The consideration in the exchange is a fair bargain.
Explanation
Adequate consideration refers to a fair bargain in an exchange. It means that the consideration being offered in a contract is of sufficient value to induce the other party to perform their obligations. It ensures that both parties are receiving a fair and reasonable exchange for their promises or acts.
32.
(013) A promise to do something that one is not legally bound to do constitutes a
Correct Answer
B. Detriment.
Explanation
A promise to do something that one is not legally bound to do constitutes a detriment because it involves giving up a legal right or advantage. In this context, detriment refers to a loss or disadvantage incurred by the promisor in exchange for the promise. This means that the promisor is voluntarily assuming an obligation that they are not obligated to fulfill, which can be seen as a detriment to their own interests.
33.
(014) Which individual would be considered competent to enter into a contract?
Correct Answer
C. A 23-year-old car salesperson.
Explanation
A 23-year-old car salesperson would be considered competent to enter into a contract because they are of legal age and presumed to have the mental capacity to understand and fulfill the obligations of a contract. The fact that they are employed as a car salesperson suggests that they have the necessary knowledge and experience to engage in contractual agreements related to their profession.
34.
(014) If the competency of a corporation is drawn into question, the contracting officer (CO)
should call the
Correct Answer
A. Secretary of state where the contractor resides, does business, or is incorporated.
Explanation
The correct answer is "Secretary of state where the contractor resides, does business, or is incorporated." When the competency of a corporation is questioned, the contracting officer should contact the Secretary of state in the relevant jurisdiction. This is because the Secretary of state is responsible for maintaining corporate records and can provide information about the contractor's legal status, business operations, and any relevant licenses or certifications. This information is crucial for the contracting officer to assess the contractor's ability to fulfill the contract requirements.
35.
(015) As a general rule, a contract that violates a statute is
Correct Answer
C. Unlawful and void and will not be enforced.
Explanation
A contract that violates a statute is considered unlawful and void, meaning it is not legally binding and will not be enforced by the courts. This is because statutes are laws enacted by the government and have the force of law. When a contract violates a statute, it goes against the legal requirements set forth by the government and is therefore invalid. As a result, the contract cannot be enforced and the parties involved cannot rely on it to protect their rights or obligations.
36.
(015) Which statement most closely defines categories of contracts that are unenforceable as
against public policy?
Correct Answer
A. Contracts that go against the common sense conscience of the community.
Explanation
Contracts that go against the common sense conscience of the community are considered unenforceable as against public policy. This means that if a contract is deemed to be morally or ethically wrong or goes against the general principles and values of society, it will not be enforced by the courts. These types of contracts are seen as detrimental to the public interest and are therefore unenforceable.
37.
(016) Which position is responsible for managing the socio-economic and other public policy
programs?
Correct Answer
B. Director of business programs.
Explanation
The Director of business programs is responsible for managing the socio-economic and other public policy programs. This position oversees the implementation and execution of various programs that aim to address socio-economic issues and develop public policies. They are in charge of ensuring that these programs are effectively managed and aligned with the organization's goals and objectives. The Director of business programs plays a crucial role in coordinating and collaborating with other departments and stakeholders to achieve desired outcomes and make a positive impact on the community.
38.
(016) Which is not a function of the contracting superintendent?
Correct Answer
B. Appointment of contracting officers (CO).
Explanation
The contracting superintendent is responsible for managing the self-inspection program, serving as an advisor to the commander on enlisted issues, and acting as a military career advisor. However, the appointment of contracting officers (CO) is not a function of the contracting superintendent. This task is typically carried out by higher-level authorities or personnel with the appropriate authority and expertise in contracting.
39.
(017) Why should contracting officer (CO) authority be discussed in every customer education
training session?
Correct Answer
D. All of the above.
Explanation
The contracting officer (CO) authority should be discussed in every customer education training session to ensure that all personnel are aware that only warranted contracting officers may commit the government. This helps prevent unauthorized commitments and ensures that personnel do not cause a contractor to perform outside the terms of a contract. Additionally, discussing CO authority helps personnel understand the potential consequences of committing Air Force funds without authorization, such as personal liability or adverse administrative action. Therefore, all of the above reasons justify why CO authority should be discussed in every customer education training session.
40.
(018) To promote and provide for the acquisition of commercial items and to promote full and
open competition to the maximum extent possible, contracting officers (CO) must
Correct Answer
D. Perform acquisition planning and conduct market research.
Explanation
To promote full and open competition and ensure the acquisition of commercial items, contracting officers must perform acquisition planning and conduct market research. This involves analyzing the market to identify potential sources, determining the appropriate acquisition strategy, and gathering information on pricing, availability, and capabilities of potential suppliers. By conducting market research, the contracting officer can make informed decisions and ensure that the acquisition is conducted in a fair and competitive manner.
41.
(019) Which organization contains the Defense Acquisition Regulation Council (DAR Council)
director?
Correct Answer
A. Secretary of Defense.
Explanation
The Defense Acquisition Regulation Council (DAR Council) director is contained within the organization of the Secretary of Defense. This means that the Secretary of Defense has authority over the DAR Council director and is responsible for overseeing the defense acquisition regulations. The other options, such as the General Services Administration (GSA), Administrator of NASA, and Government Accountability Office (GAO), do not have jurisdiction over the DAR Council director.
42.
(020) What is meant by implementing the Federal Acquisition Regulation (FAR)?
Correct Answer
B. Providing agency procedures to carry out the prescriptions in the Federal Acquisition
Regulation (FAR).
Explanation
The correct answer is providing agency procedures to carry out the prescriptions in the Federal Acquisition Regulation (FAR). This means that implementing the FAR involves establishing specific procedures within an agency to ensure compliance with the regulations outlined in the FAR. These procedures help guide the agency's acquisition processes and ensure that they align with the requirements and guidelines set forth in the FAR.
43.
(020) By whose order is the Air Force Federal Acquisition Regulation Supplement (AFFARS)
issued?
Correct Answer
B. Office of the Secretary of the Air Force.
Explanation
The correct answer is Office of the Secretary of the Air Force. This is because the Air Force Federal Acquisition Regulation Supplement (AFFARS) is issued under the authority of the Secretary of the Air Force. The Office of the Secretary of the Air Force is responsible for overseeing and managing the acquisition regulations and policies for the Air Force.
44.
(021) In determining the action to take in a specific case requiring a contract adjustment, the
Comptroller General Decisions are referred to and used as
Correct Answer
A. Precedents.
Explanation
The Comptroller General Decisions are referred to and used as precedents when determining the action to take in a specific case requiring a contract adjustment. Precedents are previously decided cases that serve as a guide for future decisions. By referring to these decisions, one can understand how similar cases were handled in the past and use that information to make informed decisions in the present case.
45.
(022) What is the definition of a classified contract?
Correct Answer
C. Any contract that requires, or may require, access to classified information by the contractor in
the performance of the contract.
Explanation
A classified contract is defined as any contract that requires, or may require, access to classified information by the contractor in the performance of the contract. This means that the contractor must have the necessary clearance and authorization to handle and protect classified information as specified in the contract. The other options are incorrect because they either do not mention the requirement for access to classified information or mention the customer instead of the contractor.
46.
(022) The requirements of the Defense Industrial Security Program (DISP) would apply to which
of the following contracts?
Correct Answer
B. Classified.
Explanation
The requirements of the Defense Industrial Security Program (DISP) would apply to classified contracts. Classified contracts involve sensitive information that needs to be protected and secured to maintain national security. The DISP ensures that contractors handling classified information meet the necessary security requirements and protocols.
47.
(023) The major determining factor in deciding if information qualifies as contractor bid or
proposal information or source selection information is that it contains
Correct Answer
C. Information that has not previously been made available to the public.
Explanation
The correct answer is "information that has not previously been made available to the public." This means that for information to be classified as contractor bid or proposal information or source selection information, it must not have been accessible to the general public before. This ensures that the information remains confidential and only accessible to authorized individuals involved in the bidding or selection process.
48.
(023) Which of these is not an example of contractor bid or proposal information?
Correct Answer
B. Cost or technical evaluation of proposals.
Explanation
The cost or technical evaluation of proposals is not an example of contractor bid or proposal information. Contractor bid or proposal information typically includes cost or pricing data, indirect cost and direct labor rates, and proprietary information about manufacturing processes. The cost or technical evaluation of proposals refers to the assessment and analysis of the proposals received from contractors, and is not considered as bid or proposal information itself.
49.
(024) How is source selection information marked?
Correct Answer
D. Mark the cover and each page containing information “Source Selection Information-See
FAR 3.104.”
50.
(201) Services of a type offered and sold competitively in substantial quantities in the commercial
marketplace for tasks performed under standard commercial terms and conditions can be
considered commercial items if they are
Correct Answer
A. Based on established catalog or market prices for specific tasks performed.
Explanation
The correct answer is based on established catalog or market prices for specific tasks performed. This is because services can be considered commercial items if they are offered and sold competitively in substantial quantities in the commercial marketplace, and if their prices are based on established catalog or market prices for specific tasks performed. This means that the prices are determined by market forces and are not influenced by government regulations or wages.