CON 290 Quiz Question Pool – Week 2 (Instructor Solution – Quiz B) ALL ANSWERS 100% CORRECT FALL-2021 SOLUTION GUARANTEED GRADE A+

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? October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 *8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Columbus Day 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). Question: 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 post- award 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. 5. 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. b. 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 the 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?