CON 3990 CORRECT EXAMS QUESTIONS AND
ANSWERS SURE A+
✔✔What does default mean - ✔✔failure to make progress in the work so as to
endanger performance
✔✔When would a contractor still be in default even if there was an excusable delay? -
✔✔the subcontracted supplies or services were obtainable from other sources
the KO ordered the KTR in writing to purchase these supplies or services from the other
source
the KTR daily to comply with this order
✔✔What are the two principal purposes of a warranty? - ✔✔to delineate rights and
obligations of the KTR and the Gov for defective items
to foster quality performance
✔✔What should the KO ensure is included in a warranty? - ✔✔nature of the item and its
components that the contractor warrants
extent of the contractors warranty including all of the contractors obligations to the Gov
for breach of warranty
specific remedies available
scope and duration of warranty
✔✔Does the contractors obligations under warranties extend to all defects discovered
during the warranty period, but do not include damage caused by the Government? -
✔✔Yes
✔✔Can warranties be placed for particular aspects of an item (installation, components,
accessories0? - ✔✔Yes
✔✔What defects are the contractors obligated to correct if the Gov specifies the design
of an end item and its measurements, tolerances, materials, tests or inspection
, requirements? - ✔✔limited to defects in material and workmanship or failure to conform
to specifications
✔✔If the Gove does not specify the design of the end item then the warranty -
✔✔extends also to the usefulness of the design
✔✔If an express warranty is included in the contract, do implied warrantees of
merchanibility and fitness still apply? - ✔✔No they are negated by the specific language
of the express warranty clause (unless a commercial item)
✔✔What minimum remedies does a warranty provide for? - ✔✔obtain equitable
adjustment or the contract or direct the KTR to repair or replace the defective items at
the contractors expense
✔✔How is the duration of a warranty established? - ✔✔estimated useful life of the item,
the nature of the item including storage shelf life, and trade practice
✔✔Does the warranty period extend the contractors liability for patent defects beyond a
reasonable time after acceptance by the Government? - ✔✔No
✔✔What are considerations when establishing a notice period? - ✔✔time needed to
discover defects
time required for admin steps and reporting of defects to KTR
time required to discover and report defective replacements
✔✔what is an implied warranty? - ✔✔item is reasonably fit for the ordinary purposes for
which such items are used. must be of at least average, fair, or medium grade quality,
and must be comparible to those that will pass without objection in the market for items
of the same description
✔✔when can the Gov rely upon an implied warranty - ✔✔the seller knows the purpose
for which the Gov intends to use the item
the Gov relied upon KTRs skill that the item would be appropriate
gov consults legal counsel
✔✔express warranties - ✔✔KOs required to take advantage of commercial warranties
offered to the general public
✔✔in terms of payment what must the agency establish to implement FAR part 32? (4) -
✔✔standards for establishing invoice payment due dates
adopt different payment procedures in order to accommodate unique circumstances
inform contractors of POC within payment office
authorize use of accelerated payment methods
ANSWERS SURE A+
✔✔What does default mean - ✔✔failure to make progress in the work so as to
endanger performance
✔✔When would a contractor still be in default even if there was an excusable delay? -
✔✔the subcontracted supplies or services were obtainable from other sources
the KO ordered the KTR in writing to purchase these supplies or services from the other
source
the KTR daily to comply with this order
✔✔What are the two principal purposes of a warranty? - ✔✔to delineate rights and
obligations of the KTR and the Gov for defective items
to foster quality performance
✔✔What should the KO ensure is included in a warranty? - ✔✔nature of the item and its
components that the contractor warrants
extent of the contractors warranty including all of the contractors obligations to the Gov
for breach of warranty
specific remedies available
scope and duration of warranty
✔✔Does the contractors obligations under warranties extend to all defects discovered
during the warranty period, but do not include damage caused by the Government? -
✔✔Yes
✔✔Can warranties be placed for particular aspects of an item (installation, components,
accessories0? - ✔✔Yes
✔✔What defects are the contractors obligated to correct if the Gov specifies the design
of an end item and its measurements, tolerances, materials, tests or inspection
, requirements? - ✔✔limited to defects in material and workmanship or failure to conform
to specifications
✔✔If the Gove does not specify the design of the end item then the warranty -
✔✔extends also to the usefulness of the design
✔✔If an express warranty is included in the contract, do implied warrantees of
merchanibility and fitness still apply? - ✔✔No they are negated by the specific language
of the express warranty clause (unless a commercial item)
✔✔What minimum remedies does a warranty provide for? - ✔✔obtain equitable
adjustment or the contract or direct the KTR to repair or replace the defective items at
the contractors expense
✔✔How is the duration of a warranty established? - ✔✔estimated useful life of the item,
the nature of the item including storage shelf life, and trade practice
✔✔Does the warranty period extend the contractors liability for patent defects beyond a
reasonable time after acceptance by the Government? - ✔✔No
✔✔What are considerations when establishing a notice period? - ✔✔time needed to
discover defects
time required for admin steps and reporting of defects to KTR
time required to discover and report defective replacements
✔✔what is an implied warranty? - ✔✔item is reasonably fit for the ordinary purposes for
which such items are used. must be of at least average, fair, or medium grade quality,
and must be comparible to those that will pass without objection in the market for items
of the same description
✔✔when can the Gov rely upon an implied warranty - ✔✔the seller knows the purpose
for which the Gov intends to use the item
the Gov relied upon KTRs skill that the item would be appropriate
gov consults legal counsel
✔✔express warranties - ✔✔KOs required to take advantage of commercial warranties
offered to the general public
✔✔in terms of payment what must the agency establish to implement FAR part 32? (4) -
✔✔standards for establishing invoice payment due dates
adopt different payment procedures in order to accommodate unique circumstances
inform contractors of POC within payment office
authorize use of accelerated payment methods
