CFCM Federal Acquisition Regulations & Legal Framework 3 — Questions and Answers
Question 1: FAR 52.222-26 implements which law requiring contractors to take affirmative action in employment practices?
- Davis-Bacon Act
- Service Contract Labor Standards
- Executive Order 11246 (Correct answer)
- Walsh-Healey Public Contracts Act
Correct answer: Executive Order 11246
FAR 52.222-26 implements Executive Order 11246, requiring equal opportunity and affirmative action by federal contractors.
Question 2: Under FAR Part 31, which type of cost is specifically unallowable regardless of reasonableness?
- Independent research and development costs
- Costs of alcoholic beverages (Correct answer)
- Travel costs within the continental US
- Computer software licensing fees
Correct answer: Costs of alcoholic beverages
FAR 31.205-51 expressly lists alcoholic beverages as unallowable costs that cannot be charged to government contracts.
Question 3: The Anti-Deficiency Act (31 U.S.C. § 1341) prohibits agencies from:
- Awarding contracts without full competition
- Obligating funds in excess of appropriated amounts (Correct answer)
- Using cost-plus-percentage-of-cost contracts
- Modifying contracts without proper justification
Correct answer: Obligating funds in excess of appropriated amounts
The Anti-Deficiency Act forbids federal officers from obligating or expending funds beyond what Congress has appropriated.
Question 4: When a procurement falls under both FAR Part 12 (Commercial Products) and FAR Part 15 (Negotiation), which takes precedence?
- FAR Part 15 always takes precedence
- FAR Part 12 takes precedence and Part 15 procedures are tailored accordingly (Correct answer)
- The CO decides which part applies based on contract value
- Both parts apply equally
Correct answer: FAR Part 12 takes precedence and Part 15 procedures are tailored accordingly
FAR 12.102(c) states that Part 12 procedures take precedence when acquiring commercial products or services.
Question 5: A sealed bid contract under FAR Part 14 must be awarded to the:
- Offeror with the best value proposal
- Responsive and responsible low bidder (Correct answer)
- Lowest bidder regardless of responsibility
- Bidder with the most relevant past performance
Correct answer: Responsive and responsible low bidder
FAR 14.408-1 requires award to the lowest responsive and responsible bidder without negotiations.
Question 6: Under FAR 3.301, what standard applies to the conduct of government contracting personnel to avoid conflicts of interest?
- Employees must divest all financial interests before serving
- Employees must avoid situations creating actual or apparent conflicts of interest (Correct answer)
- Only actual conflicts, not apparent ones, require disclosure
- Conflicts are only relevant for contracts above $1 million
Correct answer: Employees must avoid situations creating actual or apparent conflicts of interest
FAR 3.101-1 requires all government personnel to avoid actual and apparent conflicts of interest to maintain public trust.
Question 7: The Prompt Payment Act requires federal agencies to pay contractors within how many days after receipt of a proper invoice for commercial contracts?
- 15 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
The Prompt Payment Act (31 U.S.C. § 3903) and FAR 32.904 generally require payment within 30 days of a proper invoice.
CFCM Federal Acquisition Regulations & Legal Framework 3
FAR 52.222-26 implements which law requiring contractors to take affirmative action in employment practices?