(Select the best answer) You work at the Orange Sands Missile Range (OSMR) Legal Office. The SJA wants your advice on a piece of equipment that she
... [Show More] personally would like to see purchased for use in the common break area of the legal office. She wants to use appropriated funds to buy a microwave. Her rationale is that employees (both military and civilian) need a place to prepare food they bring in from home. You respond by telling her:
Answer Selected:
Absent any local or service-level policies to the contrary, the microwave may be purchased with Operations and Maintenance, Army appropriations. The Comptroller General has determined that such equipment reasonably relates to the efficient performance of the agency
Improperly adding to funds appropriated by Congress is called:
Answer Selected:
Augmentation
Title 10, United States Code, Section 2410a provides an exception allowing the Department of Defense to obligate FY 1 funds for a contract of up to 12 months extending into FY 2 for this type of acquisition:
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Severable Services
The fiscal control imposed by Congress that limits authority to obligate funds in terms of time:
Answer Selected:
Anti Deficiency Act
True or False. Improper augmentation occurs when an agency accepts gratuitous services when federal employees would normally perform the work.
Answer Selected:
True
In an emergency, the Feed and Forage Act permits DoD to contract in excess of amounts available in appropriations for:
Answer Selected:
Clothing, subsistence, medical supplies, transportation, and fuel
The fiscal year starts on ____________ and ends on ________________:
Answer Selected:
October 1 / September 30
The usual period of availability for O&M funds:
Answer Selected:
1 year
How long does the Department of Defense (DoD) Financial Management Regulation (FMR) give an individual discovering a possible Anti-deficiency Act violation to report it to their chain of command?
Answer Selected:
2 weeks.
Assume a contracting officer (KO) at Fort Bragg, NC awards a contract on 20 September 2018 for $10 million, inadvertently committing an ADA violation by causing the Army to exceed the amount available in its FY 2018 Operations and Maintenance, Army (OMA or O&M) appropriation. Which of the following is correct:
Answer Selected:
The KO is subject to administrative discipline because good faith or mistake of fact does not relieve him from liability under the ADA.
An "obligation" is:
Answer Selected:
A legal liability to pay
True or False. The Bona Fide Needs Rule has exceptions for supplies, but no exceptions for services.
Answer Selected:
True
True or False. When two or more appropriations are legally available, an agency may choose which to use, and if they want to change they may elect to notify Congress.
Answer Selected:
True
The Judge Advocate General's Legal Center and School decided to upgrade the audio/visual equipment in the classrooms. The resource manager purchased the newest Basic Overhead Reimaging Display (BORED) which is an advanced projector that allows the operator to switch between various systems components. She also purchased a Dynamic Ultra Light Lens (DULL) which is a specialized video camera, designed to work with the BORED, capable of projecting 3D images onto a plasma screen. As it does not work in a standalone capacity, the DULL must accompany the BORED. Assuming the BORED costs $200,000, and the DULL costs $100,000, would it be proper if they purchased these items separately using O&M funds?
Answer Selected:
No. Since the DULL requires the BORED in order to work, they are a system and therefore their costs should be aggregated, and this exceeds the $250,000 threshold.
True or False. The Fiscal Law philosophy is that expenditure of funds is proper unless prohibited.
Answer Selected:
True
No money shall be drawn from the treasury, unless there is one of these:
Answer Selected:
Appropriation
True or false. The two part ADA correction test requires proper funds were available at the time of the commitment and proper funds are available at the time of correction.
Answer Selected:
True
True or False. The term "period of availability" refers to the length of time (or window) that appropriations are available for obligation.
Answer Selected:
True
True or False. The Anti Deficiency Act imposes fiscal controls on spending at these three levels:
Appropriations
Apportionment
Formal Subdivision
Answer Selected:
True
Which of the following is a correct statement of Fiscal Law Philosophy?
Answer Selected:
Expenditure of appropriated funds is proper only when authorized by Congress.
The Necessary Expense Doctrine, or "three-part purpose test" applies in absence of express authority granted in an appropriation. It requires that the expenditure is (1) not otherwise prohibited, (2) not otherwise provided for, and:
Answer Selected:
Logically related to an agency's mission
Congress's non-partisan investigative agency is called:
Answer Selected:
The Government Accountability Office (GAO)
The Necessary Expense Doctrine is used to determine which Congressional fiscal control is met:
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Purpose
It is July 2018. The contracting officer at Fort Jefferson is about to award a contract for a computer system that the Post Engineer will use to track work orders and inventory. This $15,000 computer system is readily available within a few days from any of several local vendors. The Post Engineer intends to use the system in a warehouse for which construction will begin in November 2018; the warehouse will be complete in December 2018. The contract cites FY 2018, Operations and Maintenance, Army (OMA) funds. What should you advise the contracting officer?
Answer Selected:
The contracting officer should award this contract after 1 October 2018, with FY 2019 OMA funds.To do otherwise would violate the Bona Fide Needs rule. [Show Less]