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CON 216 | CON216 EXAM 1

CON 216 | CON216 EXAM 1 Total possible points: 85 Part I: Multiple Choice (2 points each) 1. Sources of contract law include __________. a. executive orders issued by the president b. the U.S. Constitution c. statutes enacted by Congress d. all of the above 2. Fiscal law is derived from __________. a. general statutory provisions b. legislation authorizing the appropriation c. the terms of the Appropriations Act d. all of the above 3. Which of the following are types of appropriations? a. military pay b. experimental research c. operations and maintenance d. both A and C 4. __________ authority is, as the wording indicates, created by explicit language, conveyed either orally or in writing. a. Implied b. Express c. Apparent d. none of the above 5. Which of the following contracts must be in writing? a. contracts for the sale of land b. promises to answer for the debt of another c. promises made upon the consideration of marriage d. all of the above 6. The Authorization Act for FY 1998 amended 10 USC 2410a to allow Department of Defense (DoD) agencies to obligate funds in the current year to finance any severable service contract with a period of performance not exceeding __________. a. 6 months b. 12 months c. 36 months d. 48 months 7. Each year, four key pieces of legislation pertaining to military spending are passed, including the __________. a. Military Construction Authorization Act b. Appropriations Act c. Authorization Act d. all of the above 8. What decisions have the force and effect of law? a. executive decisions b. legislative decisions c. judicial decisions d. none of the above 9. Which of the following is a contractual document that supports an obligation? a. hand-written receipt b. purchase order c. travel request d. all of the above 10. The principle of sovereign immunity holds that __________. a. the government may not be sued or otherwise be subject to legal process unless it expressly agrees to submit to the authority of the courts b. the executive branch is immune from the statutory enactments of Congress c. Congress may not pass any law that affects the federal judiciary d. "it's good to be king" 11. Which of the following is a type of patent? a. pro bono b. environmental c. utility d. none of the above 12. A breach of contract is a form of __________. a. civil action b. criminal action c. legal action d. none of the above   Part II: Fill-in-the-Blank (2 points each) 13. A(n) Civil Action is a lawsuit brought by one party against another party to recover compensation or enforce some private right. 14. A(n) Contract is a promise or set of promises that, if breached, the law will remedy; the law will recognize a duty to carry out the promise(s). 15. The FAR is the primary regulation for use by all federal executive agencies in the acquisition of supplies and services with appropriated funds. 16. According to the appropriations clause of the Constitution, no money can be paid out of the Treasury unless it has been appropriated by an act of Congress. 17. At its most basic level, Congress can decree the Purpose, Time, and Amount of funding that is legally available. 18. Procurement is a proprietary function of government, so Equitable Estoppel can apply to government contracting; most actions of government contracting personnel are within the scope of their authority, even when they make mistakes. 19. List the six basic steps of contract formation. 1. The parties to the contract must have capacity to contract 2. Both parties must state the mutual assent to be bound to the contract terms 3. Both parties must give consideration 4. The terms of the contract must be reasonably certain and clear 5. And the contract must be in a form permitted by law 6. The contract must have a lawful purpose 20. A(n) Bilateral Contract results when an offeror asks for a promise as the agreed-upon exchange for another promise. An offeror who makes a promise without getting a reciprocal promise is entering a Unilateral Contract. 21. The established rule of fiscal policy is that the expenditure of public funds is proper only when Authorized by Congress, and not that public funds may be expended unless prohibited by Congress. 22. A(n) Agent can be defined as one who represents another person, called a principal, in contractual matters. 23. The relationship created by the association of a principal and an agent is called Agency. The relationship arises when the principal authorizes the agent to act as his or her representative with respect to another person (a third party), and the agent consents to do so. 24. In our federal government, according to the separation of powers doctrine, the Legislature is considered an independent and equal branch of government along with the executive and judicial branches. 25. What three elements must be present before apparent authority becomes effective to bind the principal? 1. Apparent Authority 2. Appearance 3. Reasonable Reliance 26. The government obtains Limited Rights if the data pertains to an item or process developed exclusively with private funding. 27. The first step in the life cycle of an appropriation is the long and exhaustive administrative process of Budget Presentation and Review, a process that may well take place several years before the budget for a particular fiscal year is ready to be submitted to Congress. 28. The first ten amendments of the Constitution, also known as the Bill of Rights, were added immediately upon ratification to protect rights that many feared would be lost under the Constitution. 29. According to Federal Acquisition Regulation (FAR) 1-602-2(b), the Contractor must "ensure that contractors receive impartial, fair, and equitable treatment" due to the disproportionate power the government has in dictating the terms of a contract. 30. A(n) Copyright protects property right in an original creative work. 31. Apparent authority is not recognized in federal contracting. 32. Knowingly and willfully violating the Antideficiency Act can result in the receipt of a fine up to $5,000 and imprisonment for two years. 33. Annual appropriations are available for new obligations for a definite period in excess of one fiscal year. 34. An expenditure is permissible if it is Reasonably Necessary for accomplishing the objective of an appropriation, or if it will contribute materially to the accomplishment of that objective. 35. Technical Data rights are a combination of trade secrets and copyright laws. 36. After the House passes individual appropriations bills, they are sent to the Senate. 37. A(n) Allocation or Allotment is a delegation of authority to agency officials that allows them to incur obligations within the scope and terms of the delegation. Part III: True-or-False (1 point each) 38. Government employees who make an invention on government time using government equipment may still have a patent filed on that invention. It is the individual, not the agency, who obtains the title to the invention. a. true b. false 39. An appropriation is available only for a certain time period, after which the authority to obligate expires. a. true b. false 40. Unless Congress has expressly forbidden expenditure of funds for a particular purpose, commanders are free to spend money for that purpose. a. true b. false 41. Copyrights protect original works from being reproduced without the author's permission, generally for the life of the author plus 50 years. a. true b. false 42. When the contractor delivers data to the government, it must mark each piece of data on which it asserts restrictions with a marking or legend indicating the level of rights it believes the government should have in the data. a. true b. false 43. An officer or employee of the United States may not make or authorize an expenditure or obligation in advance of an appropriation unless authorized by law. a. true b. false 44. There are two federal acts related to trade secrets: one makes it a crime to steal trade secrets, and the other makes it a crime for a federal employee to release confidential or proprietary information gained during the course of employment. a. true b. false 45. There is a 10-year time limit on how long a trade secret can last. a. true b. false   46. The government obtains unlimited rights if the technical data pertains to an item or process developed exclusively with government funding. a. true b. false 47. If a computer buy is primarily for an interconnected system (a number of components designed mainly to function within the context of the whole), and the total cost of the system exceeds $250,000, an agency must use procurement dollars. a. true b. false 48. The first user of a unique mark has the right to continue to make use of that mark for as long as it desires and to restrict others from making use of that mark on similar products and services so long as that first user continues to use the mark. a. true b. false

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