(solved) CON 290 Quiz Question Pool – Week 2 (Instructor Solution – Quiz B)
CON 290 Quiz Question Pool – Week 2 (Instructor Solution – Quiz B) The following test questions and answers are in order by ELO number. For use with printed tests: The print test version (A or B) of each printed test is identified in the upper left corner of the test. This is the solution for test version B. 1. Lesson 11: Protests – Print Version B TLO 21: For a given fact scenario, evaluate potential bases for, and Government defenses to, a contractor protest. ELO 21-1: Apply the FAR Part 33 rules pertaining to agency and GAO protests. Note: Reference the October calendar below when answering this question. Question: Whinealot Inc is considering submitting an award protest for the BSVD production contract award made on 3 Oct. If no debriefings are conducted, what is the deadline for the protester to file a protest that would require the Government to suspend contract performance? If a debriefing is requested, scheduled and conducted on 9 Oct, what is the deadline for the protester to file a protest that would require the Government to suspend contract performance? a. 13 Oct with no debriefing, 14 Oct with debriefing b. 12 Oct with no debriefing,15 Oct with debriefing c. 18 Oct with no debriefing,16 Oct with debriefing d. 15 Oct with no debriefing,15 Oct with debriefing 2. Lesson 12: Contract Administration – Print Version B TLO 22: For a given contract, develop a contract administration plan. ELO 22-2: Recognize which contract administration functions are delegable to a contract administration office (CAO). CON 290 Week 2 Quiz 01 Jan 2012 1 October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 * 13 19 20 26 27 *Columbus DayQuestion: Upon award of a production contract, the Procuring Contracting Officer (PCO) drafted a delegation of contracting administration to Defense Contract Management Agency to delegate some contract administration areas of responsibility. Which of the following is a responsibility that can be retained at the PCO level? a. Negotiation of forward pricing rate agreements for material and manufacturing overhead b. Reviewing PDI’s disclosure statement to determine its adequacy c. Performing production surveillance and status reporting d. Reviewing the contractor’s accounting system to determine its adequacy to perform an FPIF contract 3. Lesson 12: Contract Administration (Reference FAR 42. 500) – Print Version B TLO 23: For a given contract, determine whether and how to conduct a post-award orientation. ELO 23-1: Recognize the FAR Part 42 factors to consider when determining whether and how a postaward orientation is conducted. Question: Upon production contract award, the RFSAC Contracting Officer will conduct a post award orientation. The post award orientation can be in the form of a: a. Conference b. Letter c. Teleconference d. All of the above 4. Lesson 13: Contractor Noncompliance – Print Version B TLO 24: For a given fact scenario, identify and evaluate available Government remedies for nonconforming goods. ELO 24-2: Recognize FAR Part 46 rules for accepting non-commercial items and Government remedies for post-acceptance defects. Question: After acceptance of a non-commercial item, which of the following is a true statement regarding the Government’s rights after acceptance under a fixed price supply contract? a. The Government must exercise its rights for repair or replacement of nonconforming supplies within a reasonable time after the defect was discovered or should have been discovered b. The Government may require the Contractor to replace or correct any supplies that are nonconforming, but no later than 6 months (or such other time as may be specified in the contract) after acceptance of the supplies c. Acceptance is conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract d. Acceptance is conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided by the warranty provisions of the contract. CON 290 Week 2 Quiz 01 Jan 2012 25. Lesson 14: Fraud – Print Versions A & B TLO 25: For a given fact scenario, determine whether fraud has occurred and the appropriate contracting officer response. ELO 25-1: Identify basic elements for proving a case of fraud. Question: The Government ordered 200 image intensifier tubes as replacement subcomponents for its night vision equipment from Clarity ‘n Combat (CNC) Inc. After Government acceptance of the tubes, it discovered that that the tubes contain a monochromatic P-42 phosphor screen instead of the required multi-fluorescent P-43 phosphor screen. The subcomponent used by the contractor would result in a significant reduction in contractor production cost and a significantly reduced shelf life. The Government intends to investigate potential fraudulent action on the part of the contractor. Which of the following is NOT required for the Government to prove fraud? a. CNC misrepresented its specification compliance for the intensifier tubes to the Government. b. CNC intended to mislead the Government regarding its compliance with Government specifications. c. The Government relied on the misleading information provided by CNC in accepting the tubes. d. The Government specification must have stated the minimum shelf life requirement. 6. Lesson 15: Changes – Print Version B TLO 26: For a given fact scenario, determine whether a contemplated contract change can be made using the contract's Changes Clause. ELO 26-4: Determine the contractor's performance responsibilities when a change order is received Question: You have found it necessary to change a specification on your non-commercial contract with Able Incorporated. Since time is of the utmost importance you have properly issued Able a valid unilateral change notification (change order). Accordingly, what MUST Able Incorporated do immediately in response to your unilateral change notification? a. Agree to a total and complete release of claims. b. Submit a claim for Government breach of contract. c. Commence work to comply with the change. d. None of the above 7. Lesson 15: Changes – Print Version B TLO 26: For a given fact scenario, determine whether a contemplate contract change can be made using the contract's Changes Clause. ELO 26-5: Determine whether a contemplated change can be made unilaterally under a commercial contract. Question: The Government ordered 200 image intensifier (II) tubes as replacement subcomponents for its night vision equipment from Clarity ‘n Combat (CNC) Inc. The II tubes are commercial items. The Government would now like CNC to make a minor modification to make the tubes longer lasting. Based on these conditions, identify the statement below that is correct. a. The Government has a unilateral right to change the contract. CON 290 Week 2 Quiz 01 Jan 2012 3b. The Government does not have a unilateral right to change the contract. c. The Government must issue a change order to execute the contract change. d. Both a and c are correct 8. Lesson 15: Changes – Print Version B TLO 26: For a given fact scenario, determine whether a contemplated contract change can be made using the contract's Changes Clause. ELO 26-6: Identify the FAR requirements that must be considered when definitizing a change order. Question: When issuing a supplemental agreement to finalize an equitable adjustment to a contract, what key statement is required for inclusion in the modification text? a. Contractor’s Statement of Financial Disclosure b. Contractor’s Statement of Certified cost or pricing data c. Contractor’s Statement of Release d. Contractor’s Statement of Proprietary Information Release 9. Lesson 15: Changes – Print Versions A & B TLO 26: For a given fact scenario, determine whether a contemplated contract change can be made using the contract's Changes Clause. ELO 26-7: For a given fact scenario, recognize the implications of "implied authority" to a KTR’s constructive change assertion. Question: Alpha AFB awarded a firm fixed-price construction contract to renovate base housing units. While the contract specified that the walls were to be constructed with the centers of vertical studs placed 24” apart, the Air Force inspector recognized that the industry standard is to construct walls with the centers of studs 16” apart, and directed the contractor to perform in accordance with that industry standard. Contractor complied and then submitted a claim for an equitable adjustment to cover its added costs. The most important factor in determining whether this equitable adjustment will be approved is: a. Whether the industry standard represents the best value to the Government. b. Whether it is determined that the Air Force Inspector had implied authority. c. What the industry standard is for the construction of new walls. d. Whether the order from the Government inspector made commercial sense. 10. Lesson 16: Equitable Adjustments – Print Version B TLO 28: For a given fact scenario, evaluate whether a given contractor request for equitable adjustment proposal is reasonable. ELO 28-4: Identify the methods for evaluating the reasonableness of requests for equitable adjustments and the conditions under which each should be used. Question: As a result of a highly contested source selection involving allegations that the winning contractor “bought in”, you were eventually able to award the contract to Baker Inc. at a firm fixed price amount of $1.5M. Later, after issuing a change notification, you were never able to come to an agreement with Baker on the amount of equitable adjustment due for the change. After completing CON 290 Week 2 Quiz 01 Jan 2012 4the contract, Baker reports that their actual cost to complete the contract with the change, plus a reasonable profit, amounted to $2.2M. Thus they propose settling their claim for equitable adjustment with the difference; $2.2M actual cost less the original contract price of $1.5M for a total amount of $700K. What method is the contractor proposing to settle this claim for equitable adjustment? a. Reasonable Cost Method b. Jury Verdict c. Total Cost Method d. None of the above 11. Lesson 16: Equitable adjustments – Print Version B TLO 28: For a given fact scenario, evaluate whether a given contractor request for equitable adjustment proposal is reasonable. ELO 28-6: Determine the appropriate EA amount by applying the proper Table 15-2 format. Question: You have just issued a unilateral change order under your non-commercial fixed-price supply contract directing Evans Industries to change from blue-painted to gray-painted fuselages. In response, you receive the following request for equitable adjustment (REA) from Evans. Cost Element Rate Total Materials – 40,000 gal gray paint $75 per gal $3,000,000 G&A 75% $2,250,000 Subtotal $5,250,000 Profit 20% $1,050,500 Total Price Increase $6,300,000 Based only on your review of Evans’ REA submittal and your understanding of equitable adjustments, what total price should you establish as your pre-negotiation objective? a. Total price cannot be established because Evans did not submit its REA in the proper format. b. Less than $6,300,000 because that is not a fair and reasonable total price for paint by any standard. c. Less than $6,300,000 because the proposed G&A and profit rates are not fair and reasonable. d. Both (b) and (c) 12. Lesson 16: Equitable Adjustments – Print Versions A & B TLO 28: For a given scenario, evaluate whether a given contractor request for equitable adjustment proposal is reasonable. ELO 28-7: Recognize when certified cost and pricing data is required with a request for equitable adjustment proposal. Question: You have found it necessary to change a specification on your non-commercial contract with Able, Incorporated. The original contract was awarded using competitive procedures where the contracting officer considered adequate price competition was present. The estimated cost of the CON 290 Week 2 Quiz 01 Jan 2012 5added work amounts to $550K and the estimated cost of the deleted work is $450K. Will you require the contractor to supply and certify current, complete and accurate cost and pricing data pursuant to the Truthful Cost or Pricing Data Statute (previously called Truth in Negotiations Act (TINA))? a. No – the contract is exempt from TINA because of adequate price competition. b. No – cost and pricing data is not required for modifications below the $700K threshold. c. Yes – cost and pricing data is required for modifications exceeding the $700K threshold. d. No – for reasons A and B 13. Lesson 16: Equitable Adjustments – Print Versions A & B TLO 29: For a given scenario, calculate the amount of a contractor's lost efficiency resulting from a contract change. ELO 29-1: Recognize when a contractor is entitled to consideration for production labor lost efficiency. Question: In response to a partial termination for convenience on the BSVD contract, the Contracting Officer receives a request for equitable adjustment (REA) proposal equal to $1,750,000. This proposal includes an estimate of the increased cost to complete 1500 units on the contract. Which of the following must the Contracting Officer evaluate as she analyzes PDI’s REA proposal? a. Whether the contractor’s per unit cost adjustments based on lost production efficiency are appropriate for the 1500 remaining units b. Whether profit should be permitted on settlement expenses c. Whether to permit the use of the Settlement proposal (short form) d. Whether to deduct termination inventory retained by the contractor from the settlement amount 14. Lesson 18: Claims – Print Version B TLO 31: Given a fact scenario, identify applicable the rules and steps for submitting and processing a contractor claim under the Contract Disputes Act. ELO 31-2: Identify the requirements for submitting a contractor or Government claim under the Contract Disputes Act. Question: Dave’s Auto Repair recently completed work for the Government overhauling engines and transmissions for a fleet of vehicles. Dave submitted an invoice for completed work. The Government denied the invoice citing an erroneous amount. The Contractor resubmitted the invoice amount and converted the invoice to a claim per FAR 33.206 procedures. After receiving the Contracting Officer’s final decision again denying the invoice amount, the contractor may appeal the CO’s final decision to which of the following venues? a. Comptroller General within 60 days b. Federal Court of Claims within two years c. Armed Services Board of Contract Appeals within 90 days d. General Accountability Office within one year CON 290 Week 2 Quiz 01 Jan 2012 615. Lesson 19: Defective Pricing – Print Version B TLO 32: For a given fact scenario, determine whether defective pricing has occurred and the appropriate Government response. ELO 32-3: Identify potential contractor allowed and prohibited defenses to defective pricing. Question: The Defense Contract Audit Agency (DCAA) has sent you a post award audit alleging potential defective pricing. During the original negotiations your prime contractor estimated to purchase a part at $965/unit. But during the post-award audit DCAA found your contractor actually had obtained a lower firm quote from a reliable vendor in the amount of $960/unit. This later, lower quote apparently went undisclosed during your original contract negotiations. Which of the following would be an acceptable defense your contractor could use to prevail against this DCAA allegation of defective pricing? a. With DCAA auditors in the plant, the contracting officer should have known of the quote. b. The agreement was on a bottom-line price, not individual elements of cost by item. c. We would not have agreed to a price outcome any different than we did. d. None of the above would prevail. 16. Lesson 19: Defective Pricing – Print Versions A & B TLO 32: For a given fact scenario, determine whether defective pricing has occurred and the appropriate Government response. ELO 32-3: Identify potential contractor allowed and prohibited defenses to defective pricing. Question: Dewey Spend (DS) Corp was required to submit a Certificate of Current Cost or pricing data (CCOPD) for an $800K modification action to their $7.5M cloaking device contract. DS is proceeding with contract performance but questions (in writing) the requirement to submit a certificate of current cost or pricing data. Of the following arguments made by DS to support its assertion that a CCOPD is not required, which is/are potentially successful? a. A CCOPD was submitted in connection with the original contract award. b. The modification action is to fund an overrun adjustment to the contract. c. The original contract was awarded based on adequate price competition. d. Both A & C 17. Lesson 20: Terminations – Print Versions A & B TLO 33: For a given scenario, determine the Government termination options and associated settlement methods and procedures available to the Government. ELO 33-3: Identify the FAR rules applied to determine the amount of termination settlement. Question: You have issued a partial termination for convenience notice to Charlie Incorporated on your fixed price non-commercial item contract. To which of the following is Charlie NOT entitled? a. Price paid for delivered and accepted goods. b. Work-in-progress inventory plus profit. c. Profit on the Settlement expenses. d. Equitable adjustment for lost efficiency on items not terminated. CON 290 Week 2 Quiz 01 Jan 2012 718. Lesson 20: Terminations –Print Versions A & B TLO 33: For a given scenario, determine the Government termination options and associated settlement methods and procedures available to the Government. ELO 33-4: Identify the FAR rules applied to determine the adjustment for loss in a termination settlement. Question: Upon termination of a contract, the termination contracting officer must determine the appropriate settlement amount. Part of this process is determining whether the contractor is in a profit or a loss position. Which of the following accurately describes the application of a loss ratio? a. Applying a Loss Ratio ensures the contractor is paid the return on investment percentage it would have incurred had the contract not been terminated b. Applying a Loss Ratio ensures the contractor is paid the profit percentage negotiated and agreed to at the time of contract award c. Applying a Loss Ratio to the Contractor’s current stage of completion ensures the contractor is paid the appropriate profit percentage to the termination settlement expenses d. Applying a Loss Ratio ensures the loss percentage the contractor would have realized had the contract not been terminated is applied to the termination settlement. 19. Lesson 21: Contractor Performance Information – Print Version B TLO 34: Given a set of contract performance facts and Government comments, evaluate contractor performance after contract completion. ELO 34-1: Recognize FAR requirements for assessing and documenting contractor performance. Question: If the Contracting Officer determines that PDI submitted defective pricing to the Government, the Contracting Officer (or other agency designee) must take the following action: a. Ensure the information is reported in the Federal Awardee Performance and Integrity Information System module within 3 working days after the determination is made b. Ensure the information is reported in the Contractor Performance Assessment Reporting system within 3 working days after the determination is made c. Require the contractor to submit or resubmit a Certificate of Current Cost or Pricing Data within 3 working days after the determination is made d. Ensure the information is reported in the Contractor Performance Retrieval System within 3 working days after the determination is made 20. Lesson 22: FPIF Final Price – Print Versions A & B TLO 35: Given the FPIF elements and relevant cost data, calculate the final price and final profit under an FPIF contract. ELO 35-1: Recognize the data and formulas required to determine final price and final profit under an FPIF contract. Question: Spendmore Industries (SI) completed its $7.5M FPIF cloaking device contract, and has just concluded final price negotiations with the Contracting Officer. The final price calculations CON 290 Week 2 Quiz 01 Jan 2012 8reflected an amount in which final cost plus final profit exceeded the ceiling price by 10%. Based on these calculations, what statement best represents the final price that will be included in the final price modification for the cloaking device contract? a. The final price is equal to an amount that exceeds the ceiling price by 10% b. The final price is equal to an amount that exceeds the target price by 10% c. The final price is equal to the ceiling price. d. The final price is equal to the ceiling price less 10% multiplied by the applicable share ratio. 21. Lesson 22: FPIF Final Price – Print Version B TLO 35: Given the FPIF elements and relevant cost data, calculate the final price and final profit under an FPIF contract ELO 35-2: Calculate final profit and price of an FPIF contract. Your FPIF non-commercial supply contract is fully funded and your contractor, Manning Company, has been making steady progress. The terms required by the Incentive Price Revision – Firm Target clause appear below. Target Cost: $1,000,000 Target Profit: $ 150,000 Target Price: $1,150,000 Ceiling Price: $1,250,000 Gov/KTR Share: 80/20 under, 90/10 over Manning informs you that they are expecting to come in under target cost by $100,000. Assuming Manning’s estimate is accurate, what will be the final price for the contract? a. $1,070,000 b. $1,180,000 c. $1,250,000 d. $1,150,000 22. Lesson 22: FPIF Final Price – Print Version B TLO 35: Given the FPIF elements and relevant cost data, calculate the final price and final profit under an FPIF contract. ELO 35-2: Calculate final profit and price of an FPIF contract. Your FPIF non-commercial supply contract is fully funded and your contractor, Gibson Company, has been making steady progress. The terms required by the Incentive Price Revision – Firm Target clause appear below. Target Cost: $1,000,000 Target Profit: $ 150,000 Target Price: $1,150,000 Ceiling Price: $1,250,000 Gov/KTR Share: 80/20 under, 90/10 over CON 290 Week 2 Quiz 01 Jan 2012 9Gibson informs you that they are expecting to come in under target cost by $100,000. What final profit rate will Gibson earn should their expectations actually materialize? (Round to nearest whole percentage, E.G. 0.1750 rounds to 18% and 0.01749 rounds to 17%) a. 15% b. 19% c. 23% d. 7% 23. Lesson 22: FPIF Final Price – Print Version B TLO 35: Given the FPIF elements and relevant cost data, calculate the final price and final profit under an FPIF contract. ELO 35-2: Calculate final profit and price of an FPIF contract. Your FPIF non-commercial supply contract is fully funded and your contractor, Easy Company, has been making steady progress. The terms required by the Incentive Price Revision – Firm Target clause appear below. Target Cost: $1,000,000 Target Profit: $ 150,000 Target Price: $1,150,000 Ceiling Price: $1,250,000 Gov/KTR Share: 80/20 under, 90/10 over Easy Company informs you that they are expecting to come in under target cost by $100,000. As a result of the final price calculated for the FPIF non-commercial supply contract, what funding action will be included as part of the final contract modification? a. Deobligate $80K b. Obligate $80K c. None d. Deobligate $180K 24. Lesson 22: FPIF Final Price – Print Versions A & B TLO 35: Given the FPIF elements and relevant cost data, calculate the final price and final profit under an FPIF contract. ELO 35-3: Identify the FAR Rules associated with a Final Price revision for an FPIF contract. Question: Total Control Company (TCC) completed its $7.5M FPIF contract and has just received the Contracting Officer’s final price modification signed by both an authorized contractor representative and the Contracting Officer. There was no agreement to exclude any specific elements of cost from this price. There is no contract clause or term that would permit or allow any adjustments or credits. Which of the following statements is true once the final price modification is executed? a. The final price is not subject to revision unless indirect rate settlements result in adjustments to the contractor final overhead rates. CON 290 Week 2 Quiz 01 Jan 2012 10b. The final price is not subject to revision unless the contractor later identifies additional unanticipated costs and such costs are deemed allowable and reasonable. c. The final price is not subject to revision. d. Both a & b. 25. Lesson 23: Contract Closeout – Print Versions A & B TLO 36: For a given fact scenario, determine whether all requirements have been met to close out a Government contract. ELO 36-2: Recognize potential issues that prevent a contract from being closed out. Question: As the Contracting Officer, you are in the process of closing out the BSVD FPIF production contract. Which one of the following procedures is not required to close out the contract? a. Receipt of property clearance b. Complete price revision c. Submission of contractor’s final invoice d. Receipt of contractor’s statement of final payment CON 290 Week 2 Quiz 01 Jan 2012 11
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con 290 quiz question pool – week 2 instructor solution – quiz b
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whinealot inc is considering submitting an award protest for the bsvd production contract award made on 3 oct if no debriefings are
