CFCM Federal Acquisition Regulations & Legal Framework 5 — Questions and Answers
Question 1: The Buy American Act (41 U.S.C. §§ 8301–8305) restricts the purchase of which category of items by the federal government?
- Only military weapons systems
- Supplies for use within the United States (Correct answer)
- Services performed by foreign nationals
- Commercial off-the-shelf technology products
Correct answer: Supplies for use within the United States
The Buy American Act applies to supplies (end products) acquired for use within the United States, requiring domestic manufacture under FAR Part 25.
Question 2: Under the Contract Disputes Act (CDA), if a Contracting Officer fails to issue a final decision within the required timeframe on a claim exceeding $100,000, the contractor may:
- Terminate the contract for cause
- Deem the claim denied and appeal to the Board or Court of Federal Claims (Correct answer)
- Request GAO intervention
- File a civil suit in district court
Correct answer: Deem the claim denied and appeal to the Board or Court of Federal Claims
FAR 33.211 permits the contractor to treat the CO's failure to decide within the statutory period as a deemed denial and appeal accordingly.
Question 3: Which FAR clause gives the government the right to access a contractor's books and records to verify cost or pricing data?
- FAR 52.215-2 (Audit and Records—Negotiation) (Correct answer)
- FAR 52.232-25 (Prompt Payment)
- FAR 52.203-13 (Contractor Code of Business Ethics)
- FAR 52.222-3 (Convict Labor)
Correct answer: FAR 52.215-2 (Audit and Records—Negotiation)
FAR 52.215-2 provides the government's right to examine and audit all books and records related to the contract during performance and for three years after final payment.
Question 4: A contractor challenges a Contracting Officer's Final Decision (COFD) by filing an appeal with the Armed Services Board of Contract Appeals (ASBCA). What is the filing deadline?
- 30 days from receipt of the COFD
- 60 days from receipt of the COFD
- 90 days from receipt of the COFD (Correct answer)
- One year from receipt of the COFD
Correct answer: 90 days from receipt of the COFD
Under the CDA (41 U.S.C. § 7104), contractors have 90 days from receipt of a COFD to file an appeal with the appropriate Board of Contract Appeals.
Question 5: Under FAR 9.503, which situation creates an organizational conflict of interest (OCI) requiring mitigation or disqualification?
- A contractor whose employee previously worked for a federal agency
- A contractor that helped develop the specification and then bids on the resulting contract (Correct answer)
- A small business that received SBIR funding for the technology being acquired
- A contractor performing work in multiple agency divisions simultaneously
Correct answer: A contractor that helped develop the specification and then bids on the resulting contract
FAR 9.505-2 identifies biased ground rules as an OCI when a contractor drafted specifications used to compete for the same award.
Question 6: The Boren Amendment concept and the 'cardinal change' doctrine protect contractors from:
- Delays caused by government-furnished property shortages
- Government-directed changes so extensive they fundamentally alter the contract's scope (Correct answer)
- Cost overruns on firm-fixed-price contracts
- Termination for convenience without compensation
Correct answer: Government-directed changes so extensive they fundamentally alter the contract's scope
A cardinal change occurs when the government directs work so different from the original contract scope that it exceeds the Changes clause authority, potentially giving the contractor grounds to refuse or seek additional relief.
Question 7: FAR 3.502-2 prohibits a government employee from accepting a gratuity from a contractor doing business with their agency. Which statutory authority underlies this prohibition?
- 18 U.S.C. § 201 (Bribery of Public Officials) (Correct answer)
- 31 U.S.C. § 1352 (Lobbying Restrictions)
- 41 U.S.C. § 2102 (Procurement Integrity Act)
- 10 U.S.C. § 2306 (Prohibition on Cost-Plus-Percentage Contracts)
Correct answer: 18 U.S.C. § 201 (Bribery of Public Officials)
18 U.S.C. § 201 criminalizes bribery and illegal gratuities given to public officials, which FAR 3.502 implements in the acquisition context.
CFCM Federal Acquisition Regulations & Legal Framework 5
The Buy American Act (41 U.S.C. §§ 8301–8305) restricts the purchase of which category of items by the federal government?