Assume a contracting officer (KO) at Ft. Bragg, NC awards a contract on 20
September 2010 for $10 million inadvertently committing an ADA violation by causing
the Army to exceed the amount available in its FY 2010 O&M appropriation. Which of
the following is correct:
Give this one a try later!
The KO is subject to administrative discipline because good faith or mistake
of fact does not relieve him from liability under the ADA.
Can the Judgment Fund be utilized to pay the prevailing appellant's attorney fees if
the Government's actions were not substantially justified?
Give this one a try later!
, No, the Equal Access to Justice Act allows a prevailing party to recover
legal fees from the Government. These fees cannot be paid from the
Judgment Fund, however.
On 30 September 2012 the maintenance service contract with Keepin' It Clean at Fort
Meade Garrison is scheduled to expire with no more options to extend. The
contracting officer at Fort Meade would like to award a new contract on the day the
current contract ends, but is not sure if he will have the FY 2013 appropriations in time.
Can the contracting officer award Keepin' It Clean a new contract on 1 October 2012?
Give this one a try later!
Yes, the contracting officer may award the contract "subject to the
availability of funds," but the government may not accept supplies or
services until the contracting officer has given written notice to the
contractor that funds are available.
It is July 2010. The contracting officer at Fort Mason is about to award a contract for a
computer system that the Post Engineer will use to track work orders and inventory.
This $15,000 computer system is readily available within a few days from any of several
local vendors. The Post Engineer intends to place the system in a warehouse for which
construction will begin in December 2010. The contract cites FY 2010, Operations and
Maintenance, Army (OMA) funds. What should you advise the contracting officer?
Give this one a try later!
The contracting officer should not award this contract. To do so would
violate the bona fide needs rule.
September 2010 for $10 million inadvertently committing an ADA violation by causing
the Army to exceed the amount available in its FY 2010 O&M appropriation. Which of
the following is correct:
Give this one a try later!
The KO is subject to administrative discipline because good faith or mistake
of fact does not relieve him from liability under the ADA.
Can the Judgment Fund be utilized to pay the prevailing appellant's attorney fees if
the Government's actions were not substantially justified?
Give this one a try later!
, No, the Equal Access to Justice Act allows a prevailing party to recover
legal fees from the Government. These fees cannot be paid from the
Judgment Fund, however.
On 30 September 2012 the maintenance service contract with Keepin' It Clean at Fort
Meade Garrison is scheduled to expire with no more options to extend. The
contracting officer at Fort Meade would like to award a new contract on the day the
current contract ends, but is not sure if he will have the FY 2013 appropriations in time.
Can the contracting officer award Keepin' It Clean a new contract on 1 October 2012?
Give this one a try later!
Yes, the contracting officer may award the contract "subject to the
availability of funds," but the government may not accept supplies or
services until the contracting officer has given written notice to the
contractor that funds are available.
It is July 2010. The contracting officer at Fort Mason is about to award a contract for a
computer system that the Post Engineer will use to track work orders and inventory.
This $15,000 computer system is readily available within a few days from any of several
local vendors. The Post Engineer intends to place the system in a warehouse for which
construction will begin in December 2010. The contract cites FY 2010, Operations and
Maintenance, Army (OMA) funds. What should you advise the contracting officer?
Give this one a try later!
The contracting officer should not award this contract. To do so would
violate the bona fide needs rule.
