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Name: Jennifer C.

Willis

Date: July 31, 2017


CON 216
EXAM 3

Total possible points: 76

Part I: Multiple Choice (2 points each)

1. Which of the following represents a type or types of contract fraud?


a. deceit through omission of the truth

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b. falsification of records

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c. arrangement for secret profits, kickbacks, or commissions

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d. all of the above

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2. What is the most important thing that you as the government contracting officer

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should remember when pursuing a termination for convenience?
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a. The contractor must submit a proposal within five days of receipt of the
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notice.
b. The contractor should be paid for no expenses beyond those associated with
the portion of the work performed prior to the termination.
c. You must strive for mutual agreement on the termination settlement terms.
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d. The contractor must submit a termination settlement proposal that conforms


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with cost accounting standards (CAS).


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3. While sitting at your desk, you receive a call from your contracting officer
representative (COR). She states that the prime contractor's subcontractor is
complaining about not getting paid. This is a __________ violation.
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a. default in performance
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b. breach of contract obligations


c. correction of defaults
d. overpayments of billing
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4. To determine if a contractor is suspended or debarred, check the __________.


a. excluded parties list
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b. contract suspension list


c. fraudulent contractor list
d. none of the above
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5. A contract may be terminated for convenience when __________.
a. it is impossible to complete the work laid out in the contract
b. the service or product is no longer needed by the government
c. the government does not have sufficient funds to pay for more
product/service
d. all of the above

6. When the government issues a termination for convenience, the contractor should
promptly submit a settlement proposal supported by appropriate schedules. Which of
the following is a legitimate schedule?
a. swag
b. historical cost research
c. inventory basis
d. none of the above

7. A form of fraud where the contractor eliminates or minimizes the presence of


competition in a procurement is called __________.
a. bribery

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b. bid-rigging

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c. defective pricing

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d. none of the above

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8. Which of the following is a case in which a contractor may be indebted to the

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government?
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a. The contractor decides to charge a lower percentage of profit to the government.
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b. The contractor provides a greater number of products than contractually
specified.
c. The contractor engages in defective pricing.
d. none of the above
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9. The termination contracting officer is required to __________.


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a. resolve any open settlement issues between the prime contractor and any
subcontractors
b. prepare the pre-negotiation position and negotiate
c. prepare the settlement negotiation memorandum and obtain required reviews
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and clearances
d. all of the above
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10. If a contract debt is caused by a deficiency in quality, who is responsible for


determining the debt?
a. the Government Accountability Office (GAO)
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b. the contracting officer


c. the Court of Federal Claims
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d. none of the above


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11. The U.S. Air Force awards a $3 million contract to Wire, Inc. to supply wire harness
kits for installation in all its fighter aircraft in the F-16 program, specifying new and
unused couplings. Wire, Inc. orders remanufactured couplings from its supplier,
incorporates them into the wire harnesses, and delivers the kits to the Air Force,
which fails to note any discrepancies upon inspection. The Air Force discovers the
remanufactured couplings during an investigation following the crash of an F-16
aircraft containing one of the kits. Which of the following is NOT a remedy available
to the air force?
a. cancellation of all government contracts with Wire, Inc., including those
unrelated to harness kits
b. action under the Major Fraud Act seeking 10 years of imprisonment for those
responsible
c. revocation of acceptance under the contract, based on Wire, Inc.'s fraudulent
misrepresentations
d. action under the Civil False Claims Act seeking a civil penalty of $10,000 for
each violation, plus treble damages

Part II: Fill-in-the-Blank (2 points each)

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12. Criminal prosecution for procurement fraud must be initiated by the Department of

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Justice, which relies on the investigations of the Federal Bureau of Investigation (FBI),

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the investigative services of federal agencies, and the work of other law enforcement

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officials.

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13. In a termination for convenience, a notice of termination sent to a contractor must be
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in writing and must contain the following elements:
1.That the contract is being terminated for the convenience of the government
under the contract clause authorizing the termination
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2.The effective date of termination


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3.The extent of termination


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4.Any special instructions


5.The steps the contractor should take to minimize the impact on personnel if the
termination, together with all other outstanding terminations, will result in
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significant reduction in the contractors work.


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14. According to the Title 18 of the United States Code statute, "Whoever, in any matter
within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals or covers up by any trick, scheme, or device, a
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material fact, or makes any false, fictitious or fraudulent statements or


representations, or makes or uses any false writing or document knowing the same to
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contain any false, fictitious or fraudulent statement or entry, shall be fined not more
than $10,000 or imprisoned not more than five years, or both."
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15. List the 12 steps of issuing a termination for default.

1.

2.

3.

4.

5.

6.

7.

8.

9.

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10.

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11.

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12.
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16. _________________ is the most common form of judicial action used by the contractor
when it comes to contractor debt.
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17. When initiating a termination for convenience, the contracting officer must complete
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the following:
1.

2.
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3.
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18. In addition to prosecuting a criminal action, a party may initiate a civil action to
recover _________________ damages suffered as a consequence of contractor fraud.
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19. The contracting officer must furnish the contractor and the payment office with a
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copy of the demand for payment by _________________, return receipt requested, or by


another means by which evidence of receipt is provided.
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20. There are 15 steps in the process of terminating for cause. The termination
contracting officer is responsible for the following steps:

1.

2.

3.

4.

5.

6.

7.

21. If the contractor does not deliver all, or fails to deliver any, of the contracted goods,
then that contractor has a _________________.

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22. _________________ gives the government the power to avoid any continuing obligations

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under the contract.

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23. What are the three steps in recovering debt?

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1. rs e
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2.
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3.
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24. In January 1979, the General Accountability Office (GAO) established a national
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_________________ for private citizens and government employees to use to report


incidents of fraud, waste, abuse, and mismanagement in government programs.

25. The most common administrative remedies are _________________ and


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_________________ from eligibility for award of further government contracts.


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26. The _________________ Act of 1996 was intended to facilitate the collection of billions
of dollars of non-tax delinquent debt owed to the government.

27. The contracting officer sends the contractor a _________________ prior to the
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termination of a contract for any reason other than late delivery, such as the
contractor's failure to perform some other provision of the contract; or the
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contractor's failure to make progress to the point where the fulfillment of the contract
is in jeopardy.
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28. What are the required elements of a debt control record?
1.

2.

3.

4.

5.

6.

7.

8.

9.

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29.A _________________ can be employed when a contractor does not fulfill its contractual
obligations.

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30. Under the Contract Disputes Act of 1978, a contractor may appeal a decision of

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indebtedness to the _________________ or through the US court system.
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31. List the four Department of Defense (DoD) investigative services that a government
agency can contact if it is suspected that a contractor is defrauding the government.
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1.
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2.
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3.

4.
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32. According to 18 USC 371, "If two or more persons conspire either to commit any
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offense against the United States or to defraud the United States, or any agency
thereof, in any manner or for any purpose, and one or more of such persons commit
any act to effect the object of the conspiracy," each will be fined not more than
_________________ or imprisoned not more than _________________ years, or both.
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33. List four common civil statutes relating to contract fraud.


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1.

2.
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3.

4.

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Part 3: True-or-False (1 point each)

34. The Air Force Office of Special Investigations (AFOSI) is considered the DoD agency
that is the most successful at investigating white-collar crime.
a. true
b. false

35. Contract termination can result in additional costs to the government; therefore, the
government should seek to issue a no-cost settlement when it is known that the
contractor is willing to accept one.
a. true
b. false

36. The contractor has 30 days from the demand date of a debt to be collected to
respond.
a. true
b. false

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37. The debtor has only 15 days from the date of debt notification to request a review of

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an unresolved dispute.

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a. true
b. false

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38. Based on the settlement analysis results, the termination contracting officer may
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notify the contractor verbally of either the approval or ratification of the subcontract
settlement or the reasons for disapproval.
a. true
b. false
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39. Offsetting the debt without making the appropriate accounting adjustments can
result in an illegal augmentation of appropriations.
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a. true
b. false

40. Only the DoD has the authority to compromise debts exceeding $100,000, exclusive
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of interest, penalties, and administrative costs.


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a. true
b. false

41. DOJ policy requires the coordination of parallel criminal, civil, and administrative
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proceedings so as to maximize the government's ability to obtain favorable results in


cases involving procurement fraud.
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a. true
b. false

42. For a contracting officer, the first step to take in considering a termination for cause
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is to consult with the customer and obtain legal counsel.


a. true
b. false

43. If the contract is terminated because the contractor has failed to meet any of its
obligations under the contract, termination for cause or default, the government is
required to pay the contractor for its efforts under the contract.

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a. true
b. false

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