NCMA Test # 4

When a contractor is given written notice of a termination, the notice should include all of the above information. This means that the notice should state whether the contract is being terminated for the convenience of the Government or for default, as authorized by the contract clause. It should also specify the effective date of termination and the extent of termination. Therefore, all of the options listed in the answer are correct and should be included in the notice of termination.

The Davis-Bacon Act is a federal law that requires contractors to pay prevailing wages to workers on federal construction projects. It ensures that workers are paid fair wages that are comparable to local wage rates for similar work. The act aims to prevent contractors from undercutting local labor markets by hiring low-wage workers from outside the area. By determining wage rates to be paid on federal projects, the Davis-Bacon Act helps to protect workers and promote fair competition in the construction industry.

The correct answer is that the government may do all of the above. If a contractor fails to notify the contracting officer about an employee hiring a prostitute for a commercial sex act during the contract's performance, the government has the authority to take various actions. These actions include requiring the contractor to remove the employee, suspending contract payments, and reducing award fees.

The threshold for obtaining certified cost or pricing data is $700,000. This means that if the total contract price or modification exceeds $700,000, the contractor is required to submit certified cost or pricing data to the contracting officer. This data includes information about the costs and prices used in developing the contractor's proposal, such as historical cost data, pricing information on similar items, and data on prices in the commercial market. The certification ensures that the data is accurate, complete, and current.

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The correct answer is "All of the above" because all three options listed are examples of inherently governmental functions. Inherently governmental functions are those activities that must be performed by federal government employees and cannot be delegated to or performed by contractors. These functions involve core government responsibilities such as the control of prosecutions, determination of agency policy, and the direction and control of intelligence and counter-intelligence operations.

Purchases and leases made by the Federal Government are immune from state and local taxes because of the principle of federal supremacy. This means that the federal government has the authority to regulate and govern the entire country, and state and local governments cannot impose taxes on federal activities. This immunity helps ensure that the federal government can carry out its functions without interference from state and local tax laws.

The Integrated Baseline Review (IBR) is conducted by the Government when an Earned Value Management System (EVMS) is required. The IBR is a thorough examination of the contractor's EVMS to ensure that it meets the necessary criteria and is capable of providing accurate and reliable cost and schedule performance data. This review helps to establish a baseline for performance measurement and control, and ensures that the EVMS is properly integrated into the overall program management plan.

None of the options listed are applicable to "commercially-available-off-the-shelf" procurements. The Buy American Act, which requires the use of domestic materials, does not apply to commercially-available off-the-shelf items. Similarly, the two recovered materials certifications in FAR 23.4, which pertain to the use of recycled materials, also do not apply to commercially-available off-the-shelf items. The Drug Free Workplace Act of 1988, which requires federal contractors to maintain a drug-free workplace, is also not applicable to commercially-available off-the-shelf procurements. Therefore, the correct answer is None of the above.

A proposal in the possession or control of the Government, submitted in response to a competitive solicitation, shall not be made available to any person under the Freedom of Information Act. This is because a proposal contains sensitive and confidential information that could give competitors an unfair advantage if disclosed.

The Copeland Act is also known as The Anti-Kickback Act. This act prohibits the exchange of money or other incentives in return for referrals or business dealings with the federal government. It aims to prevent corruption and ensure fair competition in government contracts.

The correct answer is Both A & B. This means that the contracting officer should promptly act to protect the Government against payment of royalties in two situations. First, when the Government already has a royalty-free license, there should not be any payment of royalties. Second, if the rate at which the Government is being licensed is higher than the rate being charged, the contracting officer should take action to protect the Government from overpayment.

Annual receipts of a concern which has been in business for 3 or more complete fiscal years means the annual average gross revenue of the concern taken for the last 3 fiscal years. This means that the concern must have been in business for at least 3 complete fiscal years, and the annual receipts are calculated by taking the average of the gross revenue for those 3 years.

The Buy American Act requires that the government give preference to domestic products over foreign products in government procurement. However, there are certain circumstances where this requirement can be waived. One such circumstance is when the domestic product is more expensive than an identical foreign-source product by a certain percentage. This waiver allows the government to choose the cheaper option, even if it is from a foreign source.

The contracting officer does not need to submit the notice required by 5.201 when the proposed contract action will be made through a means that provides access to the notice of proposed contract action through the GPE. This means that if the contract action can be accessed by the public through the Government Point of Entry (GPE), there is no need for the contracting officer to submit a separate notice. This ensures that the public has the necessary information about the contract action and can respond to it if needed.

The correct answer is that providing the property does not substantially increase the Government's assumption of risk. This means that the contracting officers should only provide property to contractors if it does not significantly increase the risk that the government has to bear. The government wants to ensure that they are not taking on unnecessary risks and that the contractors are able to handle the property without putting the government at a greater risk.

Agencies are required to perform contract quality assurance, including inspection, at source if performing it at any other place would result in the destruction or replacement of costly special packing and packaging. This means that if the supplies being inspected cannot be moved without damaging the packaging, the inspection must be done at the source to avoid the need for costly replacements.

Contractors providing commercial items should indemnify the Government against liability of the infringement of U.S. Patents. This means that if the contractor's commercial items infringe on any U.S. patents, they are responsible for any legal or financial consequences that may arise from the infringement. By indemnifying the Government, the contractor takes on the liability and protects the Government from any potential lawsuits or claims related to patent infringement.

The correct answer is "The later of A & B". This means that the due date for making an invoice payment is determined by whichever of the two options, A or B, occurs later. Option A is the 30th day after the designated billing office receives a proper invoice from the contractor, while option B is the 30th day after Government acceptance of supplies delivered or services performed. So, the due date will be the later of these two options.

A modular contract for information technology should be awarded within 180 days after the date on which the solicitation is issued in order to avoid obsolescence. This means that the contract should be awarded as soon as possible within this timeframe to ensure that the technology being procured remains relevant and up-to-date. Waiting longer than 180 days may result in the technology becoming outdated and no longer meeting the needs of the organization.

The correct answer is OMB Circulars A-11 because it states that agency funding of multi-year contracts should conform to the policies in this circular. This circular provides guidance on the preparation and submission of budget estimates, which includes guidelines on funding multi-year contracts. Therefore, agencies must follow the policies outlined in OMB Circulars A-11 when funding multi-year contracts.

One-on-one meetings with potential offerors can promote early exchanges of information prior to receipt of proposals. This allows the contracting agency to gather information about the potential offerors' capabilities, experience, and understanding of the requirements. It also provides an opportunity for the potential offerors to ask questions and seek clarification on the requirements. These meetings can help both parties to better understand each other's needs and expectations, leading to more informed and competitive proposals.

Both the GSA (General Services Administration) and the designated agency are responsible for complying with all applicable statutory and regulatory requirements when establishing Federal Supply Schedules. This means that both entities have the responsibility to ensure that all legal and regulatory obligations are met during the process of establishing these schedules.

When the Government issues an order in response to a supplier's quotation, it is considered an offer. This means that the Government is expressing its intention to enter into a contract with the supplier based on the terms and conditions stated in the quotation. The supplier can accept this offer by fulfilling the requirements of the order. Therefore, the correct answer is "Offer."

Panama does not have a bi-lateral Free Trade Agreement with the U.S. This means that there is no specific agreement between the two countries to promote trade and reduce barriers such as tariffs and quotas. While Chile, Bahrain, and Singapore all have bi-lateral Free Trade Agreements with the U.S., Panama does not.

The correct answer is Maybe—it’s a contracting officer decision. This means that if an element of cost is not listed in FAR 31.205, whether it is allowable or not will depend on the decision of the contracting officer. The contracting officer will consider factors such as reasonableness and allocability principles to determine if the cost can be approved.

Applied research refers to the type of research that aims to advance the current state of the art. It focuses on using scientific discoveries or improvements in technology, materials, processes, methods, devices, or techniques to push the boundaries of knowledge and practical applications. This type of research builds upon basic research but goes beyond just understanding and explores the potential for further advancements. It does not necessarily involve the exploitation of these discoveries, but rather seeks to expand the current knowledge and capabilities in a particular field.

The Drug Free Workplace Act must be included in a micro-purchase awarded to an individual because the Act applies to all federal contracts and grants, regardless of the size or type of contract. It requires contractors and grantees to maintain a drug-free workplace by implementing certain policies and procedures, including drug testing for employees. Therefore, even a micro-purchase awarded to an individual would still be subject to the requirements of the Act.

The answer is CFAO because the CFAO (Contracting Officer's Technical Representative) is responsible for CAS (Contract Administration Services) administration for all contracts and subcontracts in a business unit, even if the contracting officer retains other administration functions. The CFAO acts as the liaison between the contracting officer and the contractor, ensuring that all aspects of the contract are properly administered and executed.

The correct answer is $15,000. The Walsh-Healy Act protects government contractors by establishing a work week of 40 hours, setting minimum wages, and setting child labor standards for contracts that exceed $15,000. This means that if a government contractor's contract is valued at $15,000 or more, they are entitled to the protections provided by the Walsh-Healy Act.

When the price of the undelivered balance of the contract is less than $5,000, it is not cost-effective to terminate the contract for convenience. Instead, it is more beneficial to allow the contract to continue until completion. This suggests that the cost of terminating the contract and finding an alternative solution would exceed the cost of completing the remaining work under the contract.

Under the Assignment of Claims Act, a contractor may assign moneys due or to become due under a contract if the contract specifies payments aggregating $1,000 or more. This means that if the contract states that the total payments to be made to the contractor will be $1,000 or higher, the contractor has the right to assign those payments to another party. This allows the contractor to transfer their rights to receive the payments to someone else, such as a subcontractor or a lender.

The contracting officer is responsible for protecting the government against payment of royalties that constitute an improper charge. This means that if the royalties, either in whole or in part, are deemed to be an inappropriate or unauthorized expense, the contracting officer should take action to prevent the government from paying them. This could include disputing the charges, negotiating a lower rate, or seeking legal remedies if necessary.