1. The preferential procurement treatment is available only to a business which is ___________ owned and operated and not ________in its field of operation and must qualify as a small business under the size standard applicable to the procurement. §8:2.
independently, dominant
2. Challenges of established size standards or the size status of particular firms, and challenges of the agency’s selected standard industrial classification may be reviewed solely by the ______. §8:2.
SBA
3. In order to avoid using a small business firm for a contract for supplies or services for more than $3,000 but not exceeding $100,000 the Contracting Officer must determine that there is ____ _________ ___ of obtaining offers from two or more responsible small business concerns that are competitive in terms of market price, quality, and delivery. §8:4.
no reasonable expectation
4. A Certificate of Competency is a written certification by the SBA that a particular small business has the _______to perform a specific government contract. §8:6.
capability
5. It is possible that a Contracting Officer could be legally required to award a contract to a small business concern even though the CO believes the firm is ____ _______ to perform the contract. §8.6.
not qualified
6. The 8(a) program permits a small disadvantaged business to obtain a contract award from a federal agency as a ________of the SBA. §8.8.
subcontractor
7. A small disadvantaged business may participate in the 8(a) program for a maximum of ____ years. §8.8.
NINE
8. Contracts for other than personal services must include a requirement that the contractor _________with small business concerns, small disadvantaged businesses, as well as women-owned small business concerns. §8:9.
subcontract
9. Contract bundling can be used to keep small disadvantaged businesses from __________ __________ in government contracts as prime contracts. 8:14.
participating effectively
10. Another form of ______ _______ refers to an agency’s consolidation of requirements in a way that restricts competition in contravention of the Competition in Contracting Act. §8:14.
contract bundling
The CDA broadened the ______ __ ______ that are subject to the disputes process. §21:2.
types of claims
The CDA
sets time limits on the issuance of the Contracting Officer’s ________
on contractor claims. §21:2.
decisions
The CDA provides contractors with a ______
of forums for challenging an adverse Contracting Officer’s decision.
choice
The CDA
gave both the contractor and the government the _____ ___ ______ adverse board or COFC decisions. §21:2.
right to appeal
A defect in the contractor’s certification of its claim prevents the board or COFC from taking jurisdiction of the claim. True or False 21:2
False
The CDA extended the disputes process beyond those arising under the contract to also include disputes ______ _____ the contract. 21:3.
relating to
The CDA applies to any express or implied
contract entered into by an _______ ______of the U.S. for specified procurements. 21:4.
executive agency
Contracting Officers may decide claims involving suspected fraud under the CDA. True False 21:5.
False
A party receiving a disappointing decision from an agency board of contract appeals has ____ ______ to file an appeal with the U.S. Court of Appeals for the Federal
Circuit. 21:7.
120 days
The Contracting Officer has two primary roles in the disputes process; to ______ _______
and to _____ _______ on contractor and government claims. 21:8.
settle disagreements, render decisions
The key powers of the boards of contract appeals are to: (1) ______, _______, and ______ contracts in the case of bid mistakes; and (2) _____ ___ ______of cases involving breach of contract
theories. 21:9.
modify, reform or rescind
decide the merits
The Court of Federal Claims and the boards of contract appeals have essentially ________ jurisdiction with regard to disputes
involving government contracts.
21:10.
identical
An aggrieved party from the Court of Appeals for the Federal Circuit is routinely assured of being able to file an appeal with the U.S. Supreme Court. True False 21:11.
False
Under Extraordinary Contractual Relief a contractor is able to receive financial
or other types of relief, even though the government has no _____ _______
to grant the relief. 21:13.
legal obligation
Among the types of _____ ______ under Extraordinary Contractual Relief is authorizing contract amendments without consideration. 21:13(2).
contractual adjustments
The cost principles articulated in FAR Part 31 provide the primary means for
determining whether a cost is ______ in federal government
contracting. §9:2.
allowable
The cost principles are especially important in _______ _______ or ____ ______ type contracts. §9:2.
cost reimbursement or incentive fee
The cost principles also play an important role in ____ ____ type contracts by setting ____ on pricing adjustments. §9:2.
fixed price
limits
FAR Part 31 contains four sets of cost principles, depending on the type of ______ involved. §9:3.
organization
The greatest number of contracts into which the government enters is with ______
organizations, so the principles involving those organizations are the
most extensive. §9:3.
commercial
The first listed factor for determining if a cost is ______ is the ________ of the cost. §9:4.
allowable, reasonableness
Under the FAR a cost is reasonable if “in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of ______ business.” §9:5.
competitive
A cost that is not related to a particular cost objective may nevertheless be allowable as necessary to the ______ ______ of the
business. §9:6.
overall operation
The 48 “selected costs” must not only meet the general standards for ______ ,
they must also meet special criteria.
One of these costs may be reasonable and _______ but not be permitted if it fails to meet the additional criteria. §9:7
allowability, allocable
The spouse of the contractor’s CEO is a licensed real estate agent. The contractor includes the real estate agent’s fees @ $400/hour for locating a residence for the essential Project Manager who is being recruited and hired specifically to lead the
contractor’s implementation of the contract. The “selected cost” of ____ _______ is most relevant to determining the allowability of charging the
real estate agent’s fees to the contract.
§9:38.
Relocation Cost
The Cost Accounting Standards (CAS) require that the contractor use a specific, prescribed method of computing each different type of cost. True or False
§9:54 (a).
False
The CAS apply to all types of contracts with the federal government, regardless of how the contract was procured. True or False §9:54(b).
False
According to Feldman, the CAS apply to both defense and non-defense ______
prime and subcontracts over ______. §9:55.
negotiated, $650,000
The Disclosure Statement required by the CAS is a written description of the contractor’s cost accounting ______ and ______. §9:59.
practices and procedures
Classen’s “typical” license indicates the licensee is granted authorization to ________ the software.
use
In formulating the definition of “Licensee,” the licensee should consider its potential future needs and make sure that the definition is _____ enough to encompass the licensee’s future needs.
P. 22, first full paragraph
broad
If the Licensor is a subsidiary and lacks the significant assets of its parent, the licensee may seek to have the ____ parent guaranty the financial performance of the subsidiary. P. 23 (b)
licensor’s
While shrink-wrapped software licenses traditionally have had a ______ term, other software licenses often have a more limited term, i.e. 5 or 10 years. P. 24, first full
paragraph.
perpetual
A web-based application is likely to include the right to duplicate and distribute internally the software.
True or False
False
A common limitation in a software license is to restrict use of the software to a particular central processing unit, or to a specific number of _____ or ______ ______. p. 27 (d)
seats or concurrent users
1. Performance-based payments are the government’s _______ means of contract financing under most negotiated, fixed-price contracts and their use is ______ unless deemed impractical.§10:2
preferred, required
3. The FAR provides two separate standard payment clauses, one for fixed-price _____ contracts and another for fixed-price ______ contracts. §10:3.
supply, construction
4. The clause for fixed-price supply contracts provides that the government shall pay the contractor “upon the submission of the proper invoices or vouchers” the stipulated prices “for ______ _______ and accepted or ______ ______ and accepted.” §10:3.
supplies delivered, services rendered
5. Used by itself the fixed-price payments clause requires that the contractor must finance all of its work and expenses until its first substantial ______ is made and accepted. §10:3.
delivery
6. Partial contract payments are not technically a method of contract financing because they depend on delivery and acceptance of contract items. They can, however, reduce a contractor’s need for financing by providing ______ _______during _______ _________. §10:4.
interim payments , contract performance
7. Unless another date is specified in the contact, the government’s due date for making a payment is ____ days after the government ______ a proper invoice for the amount due. §10:7.
30, receives
8. Progress payments may be based on either the _____ ______ in performance or on a _______ ___ _____of completion. §10:14.
costs incurred, percentage or stage
9. Progress payments are customarily limited to 80% of the “total costs or performing the contract” for ____ businesses and 85% for _____ businesses. §10:16.
large, small
10. If a contractor fails to make payments to its subcontractors or suppliers, the Contracting Officer can _____ or _____ progress payments. §10:18.
suspend, reduce
11. Advance payments are payments made to the contractor _______ the contractor acquires any materials for or does any work under a contract. §10:19.
before
The method of contract financing preferred by the government is _______ ______ type of payments. §10:20.
performance-based
13. The bases for making performance-based payments may be either specific events (i.e. milestones) or some _______ _______ of performance. §10:21.
measurable criterion
14. Government employees are expected to conduct public business in a manner that avoids even the ______ of ethical impropriety. §12:1.
appearance
15. The civil False Claims Act (FCA) permits the government to recover ______ ______ and penalties from someone who submit a false claim to a federal agency. §12:3.
treble damages
16. Under the FCA a person acts knowingly if she has actual knowledge of the information or acts in _____ _______ of the truth or falsity of the information. §12:4.
deliberate ignorance
17. A claim under the FCA includes any request or demand for ______ ___ ________“made to a contractor, grantee, or other recipient” if the government provides or will reimburse a portion of the money or property requested or demanded. §12:5.
money or property
18. The government may recover (1) a _____ of between $5,500 and $11,000, (2) an amount equal to three times the amount of _____ the government sustained because of the false claim, plus (3) the _____ to the government of prosecution. § 12:6.
fine, damages, costs
19. Qui tam provisions of the FCA allow private individuals to initiate civil false claims lawsuits on behalf of ______ ____ ___ ________and to keep a share of the government’s recovery. § 12:7.
themselves and the government
20. A sergeant plans to bring a qui tam FCA suit against her captain. The FCA permits/does not permit such an action. §12:9.
does NOT permit
21. A supervisor plans to bring a similar action against her manager in a private contractor in connection with a government contract. Such an action is permitted/not permitted by the FCA. § 12.9.
permitted
22. In a qui tam FCA action, the _____ initiates the process by filing a complaint in the name of the United States under seal. § 12:10.
relator
The relator must be represented by an _____ to bring a qui tam action. § 12:10.
attorney
24. The criminal provisions of the FCA call for ________ for submission of a false claim to the government knowing that the claim is false. § 12:15.
imprisonment
25. Although specific intent to defraud is not necessary to make out a criminal claim under the FCA, the government must prove that the defendant _____ the claim was ____, _________or ________. § 12:17.
knew, false, fictitious or fraudulent
26. Submission of falsified invoices by a subcontractor to a prime contractor with the knowledge that the prime will____ ____ ____ on to the government constitutes a claim “upon or against” the government.” § 12:18.
pass the cost
27. Under defense contracts, the maximum fine under the FCA per contract may not exceed _________. § 12:19.
$1 million
28. The False Statements Act is another federal statute available to prosecute the related offenses by contractors of (1) ________of a material fact; (2) _____ _____ ______ or representations and (3) making _____ ______. § 12:21.
concealment, making false statements, false writings
29. The Supreme Court has supported ______ interpretations of the FSA, so it is considered available as an alternative charge when more narrow statutes could also be applied. § 12:21.
liberal
30. Yet another prosecution tool is the Major Fraud Act, available to prosecute any scheme to defraud the government or to obtain money or property from the government by _____ ___ ________ pretenses in any procurement of property or services over $1million. § 12:25.
false or fraudulent
31. Under the Anti-Kickback Act, the term “kickback” is defined as “any money, fee, commission, credit, gift, gratuity, thing of value or compensation of any kind which is provided, directly or indirectly, to any prime or subcontractor or their employees for the purpose of improperly obtaining or rewarding _______ _______ in connection with a prime contract or in connection with a subcontract relating to a prime contract. § 12:29.
favorable treatment
32. The Anti-Kickback Act includes ______, _______ and _________ penalties to address its violations. § 12:30.
criminal, civil, administrative
33. Two principal areas are addressed by the Procurement Integrity Act, including improper _____ __ ______ and the improper ______ ___ ______ of procurement information. § 12:34.
conflicts of interest, disclosure or receipt
34. Each civilian agency and the Department of Defense have a designated _______ ______, supported by the Department of Justice which has responsibility for enforcing the various procurement integrity statutes mentioned above. § 12:39.
Inspector General
35. Among the _______ sanctions available to help enforce the referenced procurement integrity statutes are the following: ______ the contract; requiring the contractor to _____ certain claims it has against the government; and _______ ___ _______ of the contractor from doing business with the government. § 12:41.
administrative, canceling, forfeit, suspension and debarment