Post-Award Administration Flashcards

During contract closeout, which document confirms that all deliverables have been received and accepted by the government?

Answer: DD Form 250 or equivalent Material Inspection and Receiving Report

The DD Form 250 (Material Inspection and Receiving Report) or its electronic equivalent documents government acceptance of supplies or services delivered under the contract.

A contractor's subcontractor fails to perform, causing a prime contractor delay. Under contract law, how is this type of delay generally treated?

Answer: It is typically the prime contractor's responsibility unless the subcontractor's failure was caused by a government action

Prime contractors are generally responsible for their subcontractors' performance; subcontractor delays are not excusable unless caused by a government action or a qualifying unforeseeable event.

Under FAR 52.222-26 (Equal Opportunity), what must a contractor with 50 or more employees and a contract of $50,000 or more develop?

Answer: A written Affirmative Action Program (AAP)

Executive Order 11246 and FAR 52.222-26 require contractors with 50+ employees and contracts of $50,000+ to develop and maintain a written Affirmative Action Program.

When the government discovers a contractor is consistently billing indirect cost rates higher than the rates established in the contract, what is the appropriate administrative remedy?

Answer: Issue a cure notice and withhold progress payments pending rate reconciliation

The contracting officer may withhold or reduce progress payments when billed indirect rates significantly exceed negotiated provisional rates, pending final rate settlement.

What is the 'Christian doctrine' in federal contract law?

Answer: A principle holding that mandatory FAR clauses are incorporated into a contract by operation of law, even if physically omitted

The Christian doctrine holds that clauses required by law or regulation are incorporated into federal contracts by operation of law, regardless of whether they were physically included.

Under FAR 49.303, when a cost-reimbursement contract is terminated for convenience, what happens to unused government-furnished property (GFP)?

Answer: It must be returned to the government or otherwise disposed of as directed by the contracting officer

Upon termination, government-furnished property must be returned to the government or disposed of according to the contracting officer's instructions.

A contractor disagrees with a contracting officer's final decision on a claim. Under the Contract Disputes Act, what are the contractor's appeal options?

Answer: Appeal to the agency Board of Contract Appeals within 90 days OR to the U.S. Court of Federal Claims within 12 months

The Contract Disputes Act gives contractors the right to appeal a contracting officer's final decision to the relevant agency Board of Contract Appeals (within 90 days) or to the U.S. Court of Federal Claims (within 12 months).