ANSWERS
In 1890, Congress passed this Antitrust Act. It has been the linchpin of antitrust law
in Section 1 of this Act, it states: Every contract, combination in the form of trust or
otherwise, or conspiracy, in restraint of trade or commerce among the several
States, or with foreign nations, is declared to be illegal. Every person who shall make
any contract or engage in any combination or conspiracy hereby declared to be
illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be
punished by fine not exceeding $100,000,000 if a corporation, or, if any person,
$1,000,000, or by imprisonment not exceeding 10 years, or by both said
punishments, in the discretion of the court. Section 2 of this Act makes interstate
monopolies a felony. This Act is:
a. The Federal Trade Commission Act
b. The Clayton Act
c. The Robinson-Patman Discrimination Act
d. The Sherman Act - ANSWER-d. The Sherman Act
The Procurement officer has noticed several suspicious pricing patterns and supplier
behaviors, including identical bids and a lack of bids from some expected bidders for
an open solicitation. On detecting this suspicious activity, the procurement officer
should immediately:
a. Alert their superiors and the antitrust lawyers in the state attorney general's office
b. Alert the suppliers in question about potential violations.
c. Alert the DOJ about potential antitrust violations
d. Alert all suppliers that the solicitation will be cancelled and resolicited. - ANSWER-
a. Alert their superiors and the antitrust lawyers in the state attorney general's office
Which of the following procurement laws are not considered one of the primary
sources used in governmental jurisdictions?
a. Legislative Law
b. Administrative Law
c. Common Law
d. Federal Law - ANSWER-d. Federal Law
Socioeconomic goals, such as "set-asides" can come with a variety of benefits;
however, there are also challenges associated with the use of "set-asides" These
challenges may include which of the following:
a. Lack of supply management training
b. Decreased pricing
c. Reduced open competition
d. Prejudicial attitudes - ANSWER-c. Reduced open competition
The Federal Trade Commission (FTC) states an environmental marketing claim
should do all of the following except:
a. Have qualifications and disclosures that are clear enough to prevent deception
b. Include a statement that makes the basis of comparison clear so that the
consumer should be able to understand the claim.
, c. Include eco-labels issued by an independent third party.
d. Not overstate the environment attribute or benefit, expressly or by implication. -
ANSWER-c. Include eco-labels issued by an independent third party.
Upon review of an offeror's claim that certain information in the offeror's proposal
should be kept confidential, the procurement officer disagrees with that claim. The
procurement officer should:
a. Advise the offeror that the information will be kept confidential until an open
records request is received and determine confidentiality based on the content of
that request.
b. Deny the request for confidentiality
c. Advise the offeror that the information will be kept confidential until an open
records request is received and determine confidentiality based on the content of
that request.
d. Advise the offeror and give it the opportunity to explain why it believes the
information is proprietary. - ANSWER-d. Advise the offeror and give it the opportunity
to explain why it believes the information is proprietary.
The legislature of the buyer's jurisdiction just passed a law encouraging all
governmental procurement to maximize the use of disadvantaged businesses in the
procurement process. What strategy could the buyer employ on their solicitation to
help meet this goal without sacrificing competition?
a. Award additional points to disadvantaged businesses
b. Create a set-aside for disadvantaged businesses
c. Require offerors to use a certain percentage of disadvantaged businesses as
subcontractors
d. Place a special advertisement of the opportunity in a disadvantaged audience
business publication. - ANSWER-d. Place a special advertisement of the opportunity
in a disadvantaged audience business publication.
Completing a Procurement Profile is beneficial because:
a. It details the risks inherent in the market that could affect the agencies operations.
b. It provides critical information relating to the current market conditions for the
product or services required.
c. It provides detailed information related to the procurement units organizational
structure for the vendor community.
d. It adds decision making intelligence to spend analysis. - ANSWER-d. It adds
decision making intelligence to spend analysis.
What contract type is best used when supplies will need to be purchased repetitively
in large quantities over a specified time period?
a. Noncompetitive negotiation
b. Request for Proposal
c. Term Contract
d. Spot Bid - ANSWER-c. Term Contract
What does strategic procurement planning involve?
a. Planning to take advantage of socio-economic objectives/changes.
b. Earmarking limited resources among different priorities