A VA contractor submits a certified payroll showing a laborer classified as
'general laborer' at the wage determined for 'power equipment operator.' Under
Davis-Bacon, what is the contracting officer's most appropriate action?
A. Accept the payroll because the higher wage classification benefits the
worker.
B. Reject the payroll and require restitution only if the worker files a
complaint.
C. Investigate as a potential misclassification violation and require
correction with back wages if underpaid.
D. Ignore the classification because Davis-Bacon applies only to federal
employees.
Correct Answer: C - Investigate as a potential misclassification
violation and require correction with back wages if underpaid.
RATIONALE
Misclassification can mask underpayment; the CO must investigate
and enforce correct classification and back wages. Paying a higher rate
does not cure a false classification that could affect future wage
determinations. Davis-Bacon applies to laborers/mechanics on
covered contracts, not just federal employees.
Question 2
Which of the following best describes the VA's 'Rule of Two' as applied to
veteran-owned small business set-asides for construction?
A. At least two veteran-owned firms must submit bids for any set-aside to
be valid.
B. The CO must set aside the requirement if there is a reasonable
expectation that two or more VOSBs will submit offers at fair market
prices.
C. Two VA employees must verify each veteran-owned firm's status
Page 2
, before award.
D. The rule applies only to contracts over $1 million.
Correct Answer: B - The CO must set aside the requirement if
there is a reasonable expectation that two or more VOSBs will
submit offers at fair market prices.
RATIONALE
The Rule of Two requires a set-aside when two or more eligible
VOSBs are likely to bid at fair market prices. It does not require actual
receipt of two bids. It is not limited to contracts over $1 million, and
verification is done through the SBA/VetCert, not by two VA
employees.
Question 3
During a VA hospital renovation, the contractor encounters asbestos-containing
material not identified in the contract documents. Which action is most
compliant with VA and OSHA requirements?
A. Immediately remove the material using standard demolition
techniques to avoid delay.
B. Stop work in the affected area, notify the CO, and follow the asbestos
hazard emergency response plan before proceeding.
C. Continue work but provide respirators to workers in the area.
D. Cover the material with drywall and proceed with the renovation.
Correct Answer: B - Stop work in the affected area, notify the
CO, and follow the asbestos hazard emergency response plan
before proceeding.
Page 3
, RATIONALE
Discovery of unexpected asbestos triggers a work stoppage,
notification, and implementation of the asbestos emergency response
plan under OSHA 1926.1101 and VA policy. Standard demolition or
covering without abatement is unsafe and noncompliant. Respirators
alone do not satisfy the requirement to assess and abate.
Question 4
A contractor's request for equitable adjustment (REA) for a 45-day
government-caused delay is submitted 60 days after the delay ended. Under the
FAR, what is the likely outcome?
A. The REA is automatically denied because it was not submitted within
30 days.
B. The CO must accept the REA because there is no time limit for REAs.
C. The CO may consider the REA if the delay was government-caused,
but the contractor risks reduced recovery for failure to provide timely
notice.
D. The REA is converted into a claim under the Contract Disputes Act.
Correct Answer: C - The CO may consider the REA if the delay
was government-caused, but the contractor risks reduced
recovery for failure to provide timely notice.
RATIONALE
FAR 52.243-4 requires notice within 20 days for changes, but for
delays, timely notice is still critical; late notice can limit recovery. The
CO has discretion but may reduce the adjustment. An REA is not
automatically a CDA claim unless the contractor elects to convert it.
Question 5
Which of the following is a primary difference between the VA's 'Contractor
Performance Assessment Reporting System (CPARS)' and the 'Past
Performance Information Retrieval System (PPIRS)'?
Page 4