CON 216 Exam 1 Questions and Answers

Which of the following statements is true? - ANSWER The federal government is subject to the same rules concerning implied-in-fact contracts as a private party would be What are the key pieces of annual legislation pe ...

Which of the following statements is true? - ANSWER The federal government is subject to the same rules concerning implied-in-fact contracts as a private party would be What are the key pieces of annual legislation pertaining to military? (select all that apply) - ANSWER there are 4 key pieces: 1. Department of Defense {DoD) Authorization Act 2. DoD Appropriations Act 3. Military Cons traction Authorization {included in DoD Authorizetion Ac t ) 4. Military Cons traction Appropriation Act The National Defense Authorization Act for FY 1998 amended 10 USC 2410a to allow DoD agencies to obligate funds in the current year to finance any serviceable service contract with a period of performance that does NOT exceed how many months? - ANSWER 12 What is the best way for the inventor to protect his/her investment if the invention of a new composite material for turbofan blades is susceptible to reverse engineering? - ANSWER Patent The constitution vests Congress with? all legislative powers of the Federal government? Which of the following statements about this power is incorrect? - ANSWER The Armored Personnel Carrier System Program Office wishes to award six contracts, using research and development (R&D) money, for the following purposes: perform research on an anti-lock braking system, build a new prototype personnel carrier; transport the personnel carrier to Ft Irwin for testing; conducting the testing at Ft Irwin; and build 30 of these personnel carriers. R&D funding may be used to transport the personnel carrier to Ft Irwin for testing. - ANSWER True Which of the following is false about Government's rights to intellectual property? - ANSWER The Government has the right to use any U.S. patent for a public purpose without paying compensation to the patent holder The Navy is acquiring a $2.7 million facility at FLATWATER NAVAL BASE to house the personnel department. Which of the following types of appropriation may be used for the project? - ANSWER Military Construction Which of the following statements is/are true? (select all that apply) - ANSWER o Authorization acts often contain substantive legislation. o Appropriation of money gives authorization to spend it. o Appropriation makes money available for various purposes as indicated by Congress. o Authorization does not make money available, but it may tell us the purpose Congress intends for the money, and it often contains restrictions on how money may be spent. You advertise your antique desk for sale in the local newspaper. This is a piece of personal property and you are not in the business of selling furniture. A well-dressed gentleman appears at your door two days later and advises you that he wishes to make a 10 day (time period) irrevocable offer of $300 for the desk. What should you do in order to be assured that his offer is not revoked? - ANSWER Have him pay you consideration for not selling to any other for the time period in exchange for his agreement to pay you $300 for the desk. You are a salesperson for the Electrons Inc., a company that manufacturers high end electron microscopes. While you have worked with commercial clients for many years you have just been transferred to the Government sales department. Your first sales appointment is with Mary Wright, the lead researcher in charge of a small Government research laboratory. Ms. Wright is impressed with your top of the line electron microscope and tells you to deliver one to her lab. You placed the order, because Ms. Wright appeared to have authority to commit the Government. Based on these facts, does a contract exist between the Government and Electrons, Inc.? - ANSWER Probably No Acme performs a government research and development contract with the stated purpose of creating a new? thin? parachute that can be comfortably worn by aircrew while working and moving about inside the aircraft. All Research & Development (R&D) expenses incurred by Acme in developing this new system are reimbursed by the Government. The contract contains the? Patent Rights? clause found at 52.227-11 Patent Rights? Ownership by the Contractor. The contractor obtains many patents for new inventions developed under the contract at Government expense. Under the terms of the clause, what duties and rights does the contractor have? - ANSWER The contractor must disclose all of these inventions to the Government, but may retain title (ownership) to the inventions The three-part test to determine whether an expenditure is proper under the purposed statute consists of which parts? (select all that apply) - ANSWER · The expenditure of an appropriation must be for a particular statutory purpose, or necessary and incident to proper execution of the general purpose of the appropriation. · The expenditure must not be prohibited by law. · The expenditure must not be otherwise provided for. Today is 27 September 2013, and Congress passed the FY2014 DoD Authorization Act. The FY2014 Appropriations Act has not been passed yet. Your installation's base support services contract (for security, recreation activities, vehicle maintenance, janitorial services, and the like) currently held by Doall, Inc. is of utmost concern to Brigadier General Combat. She wonders why we have not exercised Doall's two options for services beginning 1 October 2013 through 30 September, 2014. BG Combat remarks that Mr. Einstein, Director of the U.S. Special Operations Test and Evaluation Command (USSOTEC) has $250,000 of unobligated FY2013 Research, Development, Test, and Evaluation (RDT&E) funds available because of delays in one of its programs. Doall provides support services (for operation and maintenance of USSOTEC facilities) directly to USSOTEC under a separate line item in the contract. There were two options in the contract: one for installation services for the base and one for the USSOTEC services. BG Combat wants the FY2014 options exercised and the $250,000 obligated. Which of the following statements is correct based on this scenario? - ANSWER NOT: RDT&E funding may be spent only for the direct costs of RDT&E, O&M USSOTEC must be funded with O&M funding NOT: FY2014 funding is available for obligation before October 1, 2013 the authority of the executive branch to enter into a contract is: - ANSWER an inherent power that may be used to implement the constitutional duties and responsibilities of the executive branch Jim offers to sell Wanda his car for $499. Wanda tells Jim that she would like to think it over. Jim tells her the offer will remain valid for 48 hours. Later that night Jim has an accident that destroys the car. The next day, Lesley, a mutual friend, calls Wanda and asks: ?Did you hear about Jim? He was in an accident last night. It?s a miracle he?s alive because his car was totaled.? Later that afternoon Wanda goes to the hospital to visit Jim and tells him that she is glad he?s going to be okay and that she accepts his offer to contract. Is there a valid contract? - ANSWER NOT: a valid contract exists because Jim never revoked the offer The U.S. Navy purchases a newly developed? holdback bar? for use in launching carrier aircraft. The supplier, Acme Co., developed the bar at its own expense and obtained a patent for the bar three years ago. The contractor provides technical data (in the form of an ?operators manual?) along with the completed bars, so that the Navy can maintain and properly operate the bar at sea. The manual contains restrictive markings plainly stating that the information contained therein was developed by Acme at Acme?s expense and that only Navy personnel may have access to the data for the limited purpose of operating & maintaining the holdback bar properly. Which of the following statements about the rights in data for the bar is correct? - ANSWER the contractor may be required by DFARS 252.227-7013(f) to mark proprietary data to ensure the government does not make an improper disclosure to an unauthorized party What is sovereign immunity? - ANSWER doctrine that exempts a government from lawsuits unless waived by the government why may the executive branch of the federal government enter into a contract for supplies to support the armed forces? - ANSWER NOT: the president may determine that such contracts are necessary in order for him to execute his Constitutional duties as Commander in Chief of the Armed Forces The Army identified a need for 800 thermal viewers in February 2012. Two million dollars were made available in FY2012 funds for the procurement. The Army negotiated a fixed-price-predeterminable contract with Acme to manufacture the viewers in July 2012, but only for a quantity of 500, because the anticipated price per viewer was projected at $4,000. In April 2015, Acme delivers the 500 viewers, but has been able to achieve significant cost savings and has manufactured the viewers for a total contract price of $1.5 million, including Acme's profit. Before the modification is executed reducing the contract price to $1.5 million, Acme proposes to manufacture the additional 300 thermal viewers for $500,000, using the obligated but unexpended balance of the FY2012 funds. Which statement is true about this scenario? - ANSWER a modification in FY15 for an additional 300 viewers is a new procurement which must be funded with funding available fo robligation FY15 which of the following statement about patents is true? - ANSWER a patent may be granted by U.S. patent and trademark office for a term of twenty years An inventor developed a new turbofan blade for jet engines. He obtains a patent for the new design and sells all his patent rights to the design to Acme Jet Engine Company. Acme then produces and sells a new jet engine based on the design to the aviation public. Beta Aircraft Corporation purchases two of Acme's new jet engines from a retailer selling Acme engines and installs them in its own research craft. What can Acme do? - ANSWER NOT: bring a patent infringement action against Beta and prevent Beta from using the Acme engines adam asks bob, "would you like to buy my 1987 acura legend for $400?" bob, thinking over proposal, nods his head up and down not saying a word, the parties: - ANSWER have not formed a contract, because a head nod, viewed objectively, is an ambiguous action that could mean "i understand" or "i hear you" or may not mean anything at all which of the following statement is NOT correct? - ANSWER the constitution expressly grants congress power to interpret the Constitution. Gino was an employee of Ammo Inc, a major supplier of ammunition to the U.S. Army. Performing research for Ammo, Gino developed a laser gunsight for the Army's M-27 automatic rifle. Although Ammo had three Government contracts, the cost of Gino's research was not allocated directly to any of them. Which of the following represents a correct statement of the parties' rights in the technical data concerning the gunsight's development? - ANSWER NOT: the government is entitled to government purpose rights, Ammo has to take commercial advantage of the idea, and gino receives no property rights