NCMA - National Contract Management Association Contract Law and Regulations Questions and Answers

Question 1

The 'Christian Doctrine' in U.S. government contracting establishes that a mandatory contract clause is considered part of a federal contract by operation of law, even if it has been omitted.
This doctrine applies when the clause in question:

Accepted Answer

Expresses a significant or deeply ingrained strand of public procurement policy.

Answer

Is required only by internal agency policy and not by regulation.

Answer

Benefits the contractor by increasing potential profit.

Answer

Was intentionally negotiated out of the contract by both parties.

Question 2

An unsuccessful offeror on a Department of Defense solicitation believes the agency conducted a flawed technical evaluation and wants to challenge the award decision. Which of the following is an appropriate forum where the offeror can file a bid protest?

Accepted Answer

The Government Accountability Office (GAO)

Answer

The Small Business Administration (SBA)

Answer

The procuring agency's Inspector General (IG)

Answer

The Armed Services Board of Contract Appeals (ASBCA)

Question 3

A program manager instructs a contracting officer to authorize a contractor to continue work on a cost-reimbursement contract beyond the funds currently obligated, assuring the contracting officer that additional funding will be formally added to the contract within 45 days. If the contracting officer complies, which law would they most likely violate?

Accepted Answer

The Anti-Deficiency Act (ADA)

Answer

The Competition in Contracting Act (CICA)

Answer

The Contract Disputes Act (CDA)

Answer

The Truth in Negotiations Act (TINA)

Question 4

A contractor develops a new software algorithm entirely at its own private expense before any government contract is awarded. The contractor then proposes to incorporate this noncommercial algorithm into a system being delivered under a new Department of Defense contract. What is the most appropriate data rights license for the government to obtain for this pre-existing, privately developed software?

Accepted Answer

Restricted Rights

Answer

Unlimited Rights

Answer

Government Purpose Rights

Answer

Specifically Negotiated License Rights

Question 5

When interpreting an ambiguity in a government contract's terms, courts often apply a rule of interpretation where the ambiguity is construed against the party that drafted the document. What is this legal doctrine known as?

Accepted Answer

Contra Proferentem

Answer

Parol Evidence Rule

Answer

Doctrine of Apparent Authority

Answer

The Christian Doctrine

Question 6

A contracting officer issues a formal, written change order under the Changes clause of a fixed-price construction contract. The change requires the contractor to use a higher-grade, more expensive type of wiring than originally specified. The contractor is entitled to seek which of the following as compensation for the increased cost of performance?

Accepted Answer

An equitable adjustment

Answer

A termination for convenience settlement

Answer

A novation agreement

Answer

Liquidated damages

The 'Christian Doctrine' in U.S. government contracting establishes that a mandatory contract clause is considered part of a federal contract by operation of law, even if it has been omitted.This doctrine applies when the clause in question:

The 'Christian Doctrine' in U.S. government contracting establishes that a mandatory contract clause is considered part of a federal contract by operation of law, even if it has been omitted.
This doctrine applies when the clause in question: