CON 216 LEGAL CONSIDERATIONS IN CONTRACTING EXAM QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

CON 216 LEGAL CONSIDERATIONS IN CONTRACTING EXAM QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 Acme Corporation submits an initiaAcme Corporation submits an initial proposal to perform maintenance on target drone aircraft at NAS DESERT VISTA. During discussions, the contracting officer notes that Acme's price calculations are based on the premise that Acme will hire mechanics at the labor rates contained in the Department of Labor (DOL) wage determination. The contracting officer notes that Acme already has a contract to provide aircraft maintenance at NAS DESERT VISTA and that the unionized mechanics working under that contract already receive wages higher than the DOL prevailing rate. The contracting officer questions whether Acme will be able to pay new employees less than the wages already being paid to current employees. Acme's project manager concedes it could be a problem and reluctantly agrees to recalculate Acme's price, but complains that "we might lose the contract because of this." Acme's final proposal revision increases the propo - Answers The protest will be dismissed as untimely, because Acme was aware of this ground of protest before submitting the final proposal revision and therefore had to file the protest prior to that time. You have a disagreement with the contractor over the meaning and requirements of a very detailed technical specification. Government experts are adamant that the spec means one thing, while the contractor's technical personnel insists the spec must be read their way. Several meetings have been held between Government and contractor personnel attempting to resolve the specification interpretation issue. The meetings have been friendly, cordial and open, but the parties are no closer to resolving the dispute. Despite lengthy, detailed technical discussions between the parties, the experts on both sides are still convinced that they are right and the other side is mistaken. Which ADR technique would give the best chance for resolving the impasse? - Answers Arbitration using a subject matter expert respected by both sides to render an informed decision based on the merits. Your contractor has completed all deliveries two weeks ago. During contract performance, you have been paying the contractor through an assignment of claims. He is now asking to be released from the assignment of claims since contract performance has been completed. As the Contracting Officer, what should you do? - Answers Require the contractor to file a written notice of release with an original copy of the release of assignment instrument. What party fits the GAO "interested party" definition and therefore can file a protest to an agency procurement? - Answers An agency tender official under an A-76 competition Delta Corp is awarded a FAR Part 12 commercial item contract for 100 television sets to be installed in a new Navy Bachelor Officer Quarters. FAR Clause 52.212-4 is included in the contract and has not been tailored. The sets are delivered and installed two days after acceptance. At that time, it is discovered that 10 of the television sets do not work. The Contracting Officer has the right to issue a letter revoking acceptance of those ten television sets and demanding replacements. - Answers TRUE Which method is used to resolve disputed facts to determine the amount of an equitable adjustment when the contractor is clearly entitled to an equitable adjustment (clear proof of injury) and sufficient evidence exists for a fair approximation of the amount of the adjustment (damages)? - Answers Total cost method Sluggish Corporation Inc. receives an RFP which contains a design specification for a piece of equipment to be manufactured by the winning offeror. Upon review of the specification, the President, Mr. Tortoise, concludes that the specification is "restrictive", in that the specification contains detailed technical requirements that appear to have been taken directly from the descriptive literature of a product manufactured by the Hare Corporation. Mr. Tortoise chooses not to submit an offer. Two months later, after the due date for proposals but before the time for contract award, Mr. Tortoise files a protest at GAO, alleging the RFP specification was restrictive. GAO will most probably: - Answers Dismiss the protest as untimely. Which protest PARTICIPANT reviews the agency's action to ensure that the agency acted in accordance with law? - Answers Government Accountability Office The Contracting Officer's written action on a claim is referred to as a - Answers Contracting Officer's Final Decision. Your contractor has completed all deliveries two weeks ago. During contract performance, you have been paying the contractor through an assignment of claims. He is now asking to be released from the assignment of claims since contract performance has been completed. As the Contracting Officer, what should you do? - Answers Require the contractor to file a written notice of release with an original copy of the release of assignment instrument. Which is correct about an assignment of claims? - Answers An assignment of claims is used to help contractors obtain private financing for a Government contract. Which of the following statements about Common Law Orders of Precedence is incorrect? - Answers Preprinted terms control over handwritten terms. Which protest forum involves a formal structure for filing and will result in a recommendation to the procurement office? - Answers Government Accountability Office Which protest PARTICIPANT is likely to schedule a hearing to resolve issues raised in a protest? - Answers Government Accountability Office Who decides which forum in which to file a timely protest? - Answers Protestor Which statement is true about assignment of claims? - Answers It denotes an agreement between the contractor and financial institution. Which protest PARTICIPANT examines the protest to ensure that it is timely, identifies the basis for the protest, and renders a written decision with factual detail explaining the decision? - Answers Contracting Agency (Officer) Which is the least preferred method for calculating the equitable adjustment? [Distinguish between the methods used to calculate an equitable adjustment] - Answers Total Cost Method Which of the following statements is not accurate regarding disputes and appeals? - Answers The Government's policy is to try to resolve all contractual issues in controversy by mutual agreement at the Head of the contracting agency (HCA) level. You have received a timely letter of protest from an interested party for a contract awarded for base maintenance. You sought legal advice and need to render a decision. Considering the steps in a protest process, which action should you take? - Answers Try to resolve the protest at your level within 35 days and issue a written decision to the protestor. You have elected to use conciliation to resolve a dispute with a contractor. Which of the following is true about this ADR technique? [Distinguish between the disputes resolution techniques] - Answers This ADR technique seeks to restore damaged relationships between parties by bringing them together, clarifying perceptions, and pointing out misconceptions. A claim must be certified when: - Answers Exceeds $100,000.00 (not the correct language, but FAR 32.207 is where the information is) The Air Force Contracted to purchase a quantity of portable electric hand drills. Because the drill was a commercial item, the contract contained the provisions found in FAR 52.212-4, Contract Terms and Conditions - Commercial Items. When the contractor delivered the drills, the Government issued a written acceptance and distributed the drills to the field, without inspecting them. Air Force civil engineering personnel soon found that the drills, in normal use, overheated and burned out their batteries prematurely due to a defect. In using the drill, the government did not substantially change it conditions. What can the Government do to remedy the situation? - Answers The government may require repair or replacement of the drills. The Navy competitively awards a firm fixed price contract for manufacture and delivery of 100 specially designed radios, for use onboard Navy vessels. These radios are not commercial items; they are built to a design specification provided by the government. The contract contains the Changes clause for fixed price supply and service contracts, FAR 52.243-1. Two months into contract performance, the requiring activity informs the contracting officer that it will need an additional 25 radios. The contracting officer unilaterally issues a change pursuant to the changes clause to increase the contract quantity from 100 to 125. Is this a proper action? - Answers Yes, because the change was reasonably foreseeable at the time of contract information. All of the following conditions must be met before the contracting officer may acknowledge the assignment of claims except the - Answers FAR 32.802 Conditions Able contractors has just be debriefed after losing a Government contract. Based upon their product knowledge and knowledge of their competitor's products, Able believes that their offer represented the best value for the Government and the source selection must not have been properly conducted. The information presented at the debrief only reinforces his determination to file a protest. As he leaves, he tells the contracting officer You'll be hearing from my attorney! At this juncture, the contracting offer's best action would be to: - Answers Invite the contractor to have his attorney present at any protest to the agency first. (Basically it is best to start with agency) Which is correct about an assignment of claims? - Answers An assignment of claims is used to help contractors obtain private financing for a Government contract. Which of the following parties would not be considered an "Interested Party" as defined by the FAR? - Answers A company who did not submit a bid and would not receive the award even if its protest was sustained. The government awards a contract to Acme under FAR part 12 to procure 240 chairs and 40 tables from a commercial source. The contract specifies a delivery date of January 15th and the place of delivery is Building 450 of the Naval Station. On January 10th, the contracting officer issues a unilateral change order pursuant to the contract's changes clause, changing the place of delivery to Building 10 of the Naval Submarine Base, which is located 10 miles away from the originally designated site of delivery. This charge order is: - Answers Invalid, because this change should be a bilateral change agreed to by the contractor. Which alternative disputes resolution procedure involves a neutral third party who listens to the issues from both parties and conducts an interested-based negotiation to resolve the contract issues? - Answers Mediation Which method is used to resolve disputed facts to determine the amount of an equitable adjustment when the contractor is clearly entitled to an adjustment (clear proof of injury) and sufficient evidence exists for a fair approximation of the amount of the adjustment (damages)? Jury Verdict (7.2) - Answers Jury Verdict (7.2) What is a complaint? - Answers A legal pleading that sets forth the factual and legal basis for a contractor's claim You have a $1200 contract for 15 desks at $80 per unit. Your contractor has made delivery on 60% of the desks ordered. Up until now, he has been receiving payments for supplies delivered to his main office. He is now requesting that payment for the balance of the desks to be delivered. Be assigned to his bank. You, as the Contracting Officer, on the contract must decide if his is permissible at this point in time. An assignment of claims is permissible in this situation. - Answers False A co-worker retired recently. You have been given many of her contracts to administer. One of these is a contract to replace the roofs on several Government building in the area. As you start going through the stack of mail that she had, you find a FEDEX package containing a letter from the roofing contractor. In the letter the contractor states that the COR on the project had instructed him to make a change to a specification of the roofing materials to withstand an approaching hurricane forecasted to hit within days. Due to the impending hurricane, the contactor stated that if he did not hear back immediately, he would proceed with the COR's requests. What type of contract change occurred? - Answers Constructive Change (6.4)l proposal to perform maintenance on target drone aircraft at NAS DESERT VISTA. During discussions, the contracting officer notes that Acme's price calculations are based on the premise that Acme will hire mechanics at the labor rates contained in the Department