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On 1 September 2011 the command at New Sands Missile
Range purchases an x-ray machine for the installation
hospital, which arrives and is accepted on 15 September
2011. The x-ray machine is not needed until August of
2012, when an increased number of Soldiers arrive due to
BRAC. Assuming there is no applicable delivery or
production lead time exception (as this is a commercial
item and readily available off the shelf), has an ADA
violation been committed and is it correctable? - Answer-
As the bona fide need is in 2012, an ADA violation has
been committed, and is not correctable since proper
funds, FY 2012 O&M (or procurement, depending on the
value) were not available at the time of obligation.
The Director of Research and Development (DRD) at the
Orange Sands Missile Range comes to your office late on
a Friday afternoon. He just learned that his office used an
RDT&E appropriation to fund the purchase of a Lifterrator,
a hydraulic lift system capable of lifting extremely heavy
objects. Since the Lifterrator is a capital item costing more
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than the investment/expense threshold, however, its
purchase should have been funded with a Procurement
appropriation. The DRD wants to know what is necessary
to avoid an Antideficiency Act violation for violating 31
U.S.C. § 1301(a) (the Purpose Statute). - Answer-"The
agency must show that (A) & (B). Proper funds must have
been available at the time of the erroneous obligation and
Proper funds must have been available when the agency
discovered, and corrected the erroneous obligation."
On 30 September 2010, $275,000 remains in the
Operations and Maintenance, Army (OMA) allowance at
the XVIII Airborne Corps. On that day, the contracting
officer is about to award a supply contract, obligating
$300,000 OMA. Award of the supply contract: - Answer-
Will cause an ADA violation if the XVIII Airborne Corps's
major command, FORSCOM, lacks sufficient OMA funds
in its formal subdivision to cover the overobligation.
The proper amount of money to obligate at the award of a
firm fixed-price contract is: - Answer-The full amount of the
contract.
Assume that on 15 September 2010, there is a national
emergency requiring the assistance of DOD. As a result,
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the Secretary of Defense deems it necessary to obligate
FY 2010 funds in excess of their availability. Under these
circumstances, which of the following is true? - Answer-
For certain subsistence items in emergency
circumstances, the Feed and Forage Act (41 U.S.C. § 11)
provides a limited exception to the prohibition against
obligating "in excess of" the amount available in an
appropriation.
True or False: It is appropriate for the Army to acquire
lawn cutting services through the Project Order Statute. -
Answer-FALSE
Accountable officers can be held pecuniarily liable: -
Answer-"Both b and c. for improper payment discovered
within three years after the accounts are substantially
complete and for three additional years after a loss due to
fraud, embezzlement, or other criminal activity is
discovered."
A continuing resolution is: - Answer-"an appropriation, in
the form of a joint resolution, that provides budget
authority for federal agencies, specific activities, or both to
continue operation when Congress and the President
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have not completed action on the regular appropriations
acts by the beginning of the fiscal year"
An accountable officer is not liable for an improper
payment: - Answer-if the accountable officer obtained an
advance decision from the proper authority and the
improper payment was made in reliance on that advanced
decision, or if he's a DoD Departmental Accountable
Official and there was no fault or negligence.
Can the Judgment Fund be utilized to pay the prevailing
appellant's attorney fees if the Government's actions were
not substantially justified? - Answer-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.
When operating under Continuing Resolution Authority,
government agencies: - Answer-May obligate funds for
new contracts, but only if the new contract is not a "new
start."