CDFM MODULE 3.1 FISCAL LAW QUESTIONS WITH 100% ACCURATE
ANSWERS, Exams of Public Health
You work at the Orange Sands Missile Range (OSMR) Legal Office. The SJA
wants your advice on two pieces of equipment that he personally would like
to see purchased for use in the common break area of the legal office. He
wants to use appropriated funds to buy a refrigerator and a microwave. His
rationale is that employees (both military and civilian) need a place to store
and prepare food they bring in from home. You respond by telling him: -
ANSWERAbsent any local or service-level policies to the contrary, the
refrigerator and microwave may be purchased with Operations and
Maintenance, Army appropriations. The Comptroller General has determined
that such equipment reasonably relates to the efficient performance of
agency activities and provides other benefits to the agency, including
assurance of a safe workplace.
Operations and Maintenance appropriations are typically available for
obligation for: - ANSWER1 year
You are the chief of administrative law at Ft. Cholk, Louisiana. The SJA and
your installation's contract law attorney are out of the office, attending a
fiscal law seminar in Las Vegas. The Chief of Staff (your senior rater) has
called you into his office and asks you the following: "Hey judge, do you
remember that field latrine construction project the Commanding General is
, all excited about - you know, the one with all the bells and whistles - the one
the SJA says we cannot use Operation & Maintenance (O&M) money on since
the cost exceeds $750,000? The old man had a great idea. Why don't we do
the foundation work this year with current (FY 2012) O&M funds, then next
year finish up the project with 2013 O&M funds? Each contract will be less
than $750,000." Knowing that the Chief of Staff is a zero tolerance type of
guy, you thoroughly research the matter and give the following correct
advice. - ANSWER"Splitting a project between fiscal years for the sole
purpose of avoiding the statutory limits on use of O&M funds is clearly illegal.
This project cannot be funded by splitting the requirement into two contracts
if the total cost exceeds $750,000 and O&M funds are used."
Which of the following is a correct statement of Fiscal Law Philosophy: -
ANSWERExpenditure of appropriated funds is proper only when authorized
by Congress.
A valid Bona Fide Need exists when: - ANSWERThe unit uses the supplies, or
for service contracts, when the unit requires the services to be performed.
A severable services contract: - ANSWERMay be funded for up to 12 months
according to 10 U.S.C. § 2410a, with funds available for obligation at the time
of contract award even if the contract crosses fiscal years.
On 1 September 2011 the command at New Sands Missile Range purchases
an x-ray machine for the installation hospital, which arrives and is accepted
on 15 September 2011. The x-ray machine is not needed until August of
2012, when an increased number of Soldiers arrive due to BRAC. Assuming
there is no applicable delivery or production lead time exception (as this is a
commercial item and readily available off the shelf), has an ADA violation
been committed and is it correctable? - ANSWERAs the bona fide need is in
2012, an ADA violation has been committed, and is not correctable since
ANSWERS, Exams of Public Health
You work at the Orange Sands Missile Range (OSMR) Legal Office. The SJA
wants your advice on two pieces of equipment that he personally would like
to see purchased for use in the common break area of the legal office. He
wants to use appropriated funds to buy a refrigerator and a microwave. His
rationale is that employees (both military and civilian) need a place to store
and prepare food they bring in from home. You respond by telling him: -
ANSWERAbsent any local or service-level policies to the contrary, the
refrigerator and microwave may be purchased with Operations and
Maintenance, Army appropriations. The Comptroller General has determined
that such equipment reasonably relates to the efficient performance of
agency activities and provides other benefits to the agency, including
assurance of a safe workplace.
Operations and Maintenance appropriations are typically available for
obligation for: - ANSWER1 year
You are the chief of administrative law at Ft. Cholk, Louisiana. The SJA and
your installation's contract law attorney are out of the office, attending a
fiscal law seminar in Las Vegas. The Chief of Staff (your senior rater) has
called you into his office and asks you the following: "Hey judge, do you
remember that field latrine construction project the Commanding General is
, all excited about - you know, the one with all the bells and whistles - the one
the SJA says we cannot use Operation & Maintenance (O&M) money on since
the cost exceeds $750,000? The old man had a great idea. Why don't we do
the foundation work this year with current (FY 2012) O&M funds, then next
year finish up the project with 2013 O&M funds? Each contract will be less
than $750,000." Knowing that the Chief of Staff is a zero tolerance type of
guy, you thoroughly research the matter and give the following correct
advice. - ANSWER"Splitting a project between fiscal years for the sole
purpose of avoiding the statutory limits on use of O&M funds is clearly illegal.
This project cannot be funded by splitting the requirement into two contracts
if the total cost exceeds $750,000 and O&M funds are used."
Which of the following is a correct statement of Fiscal Law Philosophy: -
ANSWERExpenditure of appropriated funds is proper only when authorized
by Congress.
A valid Bona Fide Need exists when: - ANSWERThe unit uses the supplies, or
for service contracts, when the unit requires the services to be performed.
A severable services contract: - ANSWERMay be funded for up to 12 months
according to 10 U.S.C. § 2410a, with funds available for obligation at the time
of contract award even if the contract crosses fiscal years.
On 1 September 2011 the command at New Sands Missile Range purchases
an x-ray machine for the installation hospital, which arrives and is accepted
on 15 September 2011. The x-ray machine is not needed until August of
2012, when an increased number of Soldiers arrive due to BRAC. Assuming
there is no applicable delivery or production lead time exception (as this is a
commercial item and readily available off the shelf), has an ADA violation
been committed and is it correctable? - ANSWERAs the bona fide need is in
2012, an ADA violation has been committed, and is not correctable since
