CON 216 Legal Considerations in Contracting with complete answers

CON 216 Legal Considerations in Contracting 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 Trade Secret Copyright Trademark *Patent Why may the Executive Branch of the federal government enter into a contract for supplies to support armed forces? - ANSWER -The Executive Branch has an inherent Constitutional power to enter into a contract -All of the choices are correct -Congress has enacted statues to authorize and fund military procurement Which of the following statements is/are true? - ANSWER *-Appropriation makes money available for various purposes legislated by Congress. *-Appropriation of money gives authority to spend it *-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 *-Authorization acts often contain substantive legislation Which of the following is false about Government's rights to intellectual property? - ANSWER -If a Government contract authorizes the contractor to use an invention covered by a U.S. patent, and the patent owner sues the Government for patent infringement, the Government may seek reimbursement from the contractor. -As a Government employee, you can file for a patent for an invention you created while on the job; however, the Government is entitled to claim title to the invention *-The Government has the right to use any U.S. patent for a public purpose without paying compensation to the patent holder -Congressional power to enact the patent and copyright laws is premised upon the U.S. Constitution Today is 27 SEP 2013, and Congress passed the FY2014 DoD Authorization Act. The FY2014 Appropriations Act has not been passed yet. Your installation's base support services contact (for security, recreation activities, vehicle maintenance, janitorial services, and the like) currently held by Doall, Inc. is of utmost concern to BG 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 -FY2014 RDT&E funds may be used to fund base installation services -The FY2014 Authorization Act actually appropriates funding *-FY2013 RDT&E funds may be used to exercise the FY2014 option for the USSOTEC services -FY2014 funding is available for obligation before October 1, 2013 Following award of a construction contract to build a new swimming pool at Delta Air Force Base, the contracting officer conducted a meeting with the contractor and the base athletic director. Pointing to the athletic director, the contracting officer stated, "That's your contact and the person you have to satisfy." Several months later the contractor submits a claim for the cost of five tons of marble, used to enhance the "motivational aspects" of the pool, as requested by the athletic director. Which of the following statements is accurate? - ANSWER -The Government is not required to pay for the additional marble, because the request was a sovereign act of the federal government -The Government is not required to pay for the additional marble, because it can deny responsibility for the athletic director's action under the concept of estoppel -The Government must pay for the additional marble, because the athletic director was acting within the scope of her apparent authority *-The Government must pay for the additional marble if it is determined that the athletic director had been delegated actual authority (express or implied) to bind the Government for the additional work 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 the 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 build 30 of these personnel carriers for deployment to active units. - ANSWER -True *-False 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 the 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 may elect to disclose only those inventions that it determines are of importance to the Government, but the n must convey the entire title to the patent to the government. -The contractor must disclose the patents to the Government and allow the public to freely use them, as they were developed at public expense. *-The contractor must disclose all of these inventions to the Government, but may retain title (ownership) to the inventions -The contractor must disclose all patents and convey all rights to the Government, since the new technology was developed purely at public expense. John needs a ride to the airport and asks his buddy Paul to give him a ride. Paul says, "Okay, but you need to give me a ride to the airport next month when I go to my sister's wedding." As John gets out of the car at the airport, he declares, "I owe you one, mate." When Paul asks John for a ride to the airport, John turns him down, explaining that he's got a date. Is John's promise legally enforceable? - ANSWER *-Yes, because each party promised to render consideration in the form of transportation to the airport -No, because the value of the consideration is so small that it is legally insignificant -No, because Paul rendered his consideration prior to John -No, because no monetary consideration was paid by either party Which of the following parties would not be considered an "Interested Party" as defined by the FAR? - ANSWER -A losing offeror in a best value procurement who alleges that errors in the evaluation process adversely affected the company's chances to win award. *-A company who did not submit a bid and would not receive the award even if its protest was sustained. -An Agency Tender Official in an A-76 public-private competition. -A company who alleges that a change order adding work to an existing contract is "out of scope" and thereby constitutes an unjustified