1. Sluggish Corporation Inc. receives an RFP which contains a design specification for a piece of equipment to be manufactured by the winning offeror. Upon review of the specification, the President, Mr. Tortoise, concludes that the specification is "restrictive", in that the specification contains detailed technical requirements that appear to have been taken directly from the descriptive literature of a product manufactured by the Hare Corporation. Mr. Tortoise chooses not to submit an offer. Two months later, after the due date for proposals but before the time for contract award, Mr. Tortoise files a protest at GAO, alleging the RFP specification was restrictive. GAO will most probably:
- Dismiss the protest because Sluggish Corporation should have raised the issue at SBA first.
- Hear the protest, as this is a pre-award protest and the contract has not yet been awarded.
- Dismiss the protest as untimely.
2) Which of the following purported rules about contract interpretation is not correct?
- An offeror who, prior to submitting an offer, discovers an ambiguity in a government specification, has a legal duty to bring the ambiguity to the attention of the contracting officer prior to submitting an offer.
- If contract language is susceptible to two different reasonable interpretations, the interpretation that supports the principle purpose of the contract will be legally favored.
- All ambiguities are construed against the drafter who created the ambiguity.
- An interpretation will not be adopted by the court if it leads to an absurd or impractical result.
3) Which statement is true about assignment of claims?
- It does not require Government approval or acknowledgment.
- It can only be used once during the life of a contract.
- It denotes an agreement between the contractor and financial institution.
- It is only applicable to contracts over $100,000.
4) What alternative disputes resolution method uses a "private judge" to render an informed decision that may or may not be binding on the parties?
- Arbitration
- Conciliation
- Mini-Trial
- Facilitation
- Mediation
5) The Air Force contracted to purchase a quantity of portable electric hand drills. Because the drill was a commercial item, the contract contained the provisions found in FAR 52.212-4, Contract Terms and Conditions --Commercial Items. When the contractor delivered the drills, the Government issued a written acceptance and distributed the drills to the field, without inspecting them. Air Force civil engineering personnel soon found that the drills, in normal use, overheated and burned out their batteries prematurely due to a defect. In using the drill, the government did not substantially change its condition. What can the Government do to remedy the situation?
- The Government may require repair or replacement of the drills.
- Nothing, because the defect was not discovered until after acceptance by the Government.
- The Government can enforce its remedies, but only to the extent they are contained in an express warranty.
- Nothing, because the Government waived any remedy when it failed to inspect the drill for defects.