Fiscal Law Exams

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Florida Institute of Technology *

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5014

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Law

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Jan 9, 2024

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QUESTION 1 1. The Director of Research and Development (DRD) at the Orange Sands Missile Range comes to your office late on a Friday afternoon. He just learned that his office used an RDT&E appropriation to fund the purchase of a Lifterrator, a hydraulic lift system capable of lifting extremely heavy objects. Since the Lifterrator is a capital item costing more than the investment/expense threshold, however, its purchase should have been funded with a Procurement appropriation. The DRD wants to know what is necessary to avoid an Antideficiency Act violation for violating 31 U.S.C. § 1301(a) (the Purpose Statute). Please select the best answer. a . Proper funds must have been available at the time of the erroneous obligation. b . Proper funds must have been available when the agency discovered, and corrected the erroneous obligation. c . Proper funds must have been available continuously between the time of the erroneous obligation and correction of the purpose violation. d . The agency must show (A) & (B). 10 points QUESTION 2 1. On 30 September 2014, $275,000 remains in the Operations and Maintenance, Army (OMA) allowance at the XVIII Airborne Corps. On that day, the contracting officer is about to award a supply contract, obligating $300,000 OMA. Award of the supply contract: a . Will cause an Antideficiency Act (ADA) violation because the contract price exceeds the amount of OMA available at the XVIII Airborne Corps. b . Will cause an ADA violation unless the contracting officer shows that she neither knew nor should have known that the XVIII Airborne Corps had only $275,000 in the OMA account. c . Will cause an ADA violation if the XVIII Airborne Corps’s major

command, FORSCOM, lacks sufficient OMA funds in its formal subdivision to cover the overobligation. d . Will not cause an ADA violation if Congress enacts either a Continuing Resolution Authority (CRA) or a permanent appropriation before the vendor seeks payment for the supplies. e . Will not cause an ADA violation because the OMA account at the XVIII Airborne Corps was a target/allowance and an obligation in excess of a target/allowance can never result in an ADA violation. 10 points QUESTION 3 1. Assume that on 15 September 2014, there is a national emergency requiring the assistance of DOD. As a result, the Secretary of Defense deems it necessary to obligate FY 2014 funds in excess of their availability. Under these circumstances, which of the following is true? a . If Congress passes the FY 2015 Authorization Act in FY 2012, the Army could obligate and expend FY 2012 Operation and Maintenance, Army funds for ammunition and other operational needs. b . The Antideficiency Act only prohibits the Army from incurring obligations "in excess of" an appropriation. c . For certain subsistence items in emergency circumstances, the Feed and Forage Act (41 U.S.C. § 11) provides a limited exception to the prohibition against obligating "in excess of" the amount available in an appropriation. d . The Army could accept any/all voluntary services before the FY 2015 appropriation was enacted because the government doesn't pay for such services. 10 points QUESTION 4

1. Assume a contracting officer (KO) at Ft. Bragg, NC awards a contract on 20 September 2014 for $10 million, inadvertently committing an ADA violation by causing the Army to exceed the amount available in its FY 2014 O&M appropriation. Which of the following is correct: a . The KO is subject to administrative discipline because good faith or mistake of fact does not relieve him from liability under the ADA. b . There is no ADA violation if DoD has sufficient funds to cover the overage. c . The KO is not subject to criminal or adverse administrative action because Ft. Bragg's allotment is an informal subdivision of funds. d . The KO will surely go to jail for an ADA violation, serving a mandatory minimum. 10 points QUESTION 5 1. On 1 September 2014 the command at New Sands Missile Range purchases an x-ray machine for the installation hospital, which arrives and is accepted on 15 September 2014. The x-ray machine is not needed until August of 2015, when an increased number of Soldiers arrive due to BRAC. Assuming there is no applicable delivery or production lead time exception (as this is a commercial item and readily available off the shelf), has an ADA violation been committed and is it correctable? a . No ADA violation has been committed. b . As the bona fide need is in 2015, an ADA violation has been committed but it is correctable. c . As the bona fide need is in 2015, an ADA violation has been committed, and is not correctable since proper funds, FY 2015 O&M (or procurement, depending on the value) were not available at the time of obligation.

d . Although the bona fide need is in 2015, there is no ADA violation because the command was engaged in advanced planning, and was smartly purchasing an item ahead of the expected need and perhaps even getting a better price. 10 points QUESTION 1 1. Under the Military Construction Codification Act (10 U.S.C. §2801), a “Military Construction Project” is defined as: a . Any construction, maintenance and repair carried out on a military installation regardless of the source of funding. b . All military construction work necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility. c . All specified military construction carried out on a military installation with a funded cost of $1.5 million or greater. d . Any specified or unspecified construction carried out by the Corps of Engineers using Operations and Maintenance funds. 10 points QUESTION 2 1. As part of your installation's "Quality of Life" initiative, the Chief, Directorate of Engineering has proposed tearing down the building that now houses the Child Development Center (CDC), moving the CDC to the gymnasium (so kids will have lots of room to run around and play on the weight-lifting equipment), and constructing a new barracks complex on the site where the CDC was located. Construction of the new barracks will cost about $4.8 million dollars. If approved, which type of funds should be used to fund the construction of the barracks? a . Operation and Maintenance Funds (O&M). b . Military Construction Funds (MILCON).

c . Unspecified Minor Military Construction Funds (UMMC). d . Unspecified Quality of Life Enhancement Funds. 10 points QUESTION 3 1. True or False. In accordance with Army Regulations, construction projects which have a common support purpose but are not mutually dependent are funded as separate projects. a . True . b . Fals e. 10 points QUESTION 4 1. While supporting operations in Afghanistan, the Task Force Commander comes to you with a plan to re-fit the Task Force headquarters building. The plan includes renovating the inside of the current headquarters (which suffered significant water damage recently when a water pipe burst) at a cost of approximately $300,000, and building an extension between the current cafeteria and headquarters building at a cost of about $600,000. The commander wants to know if he can use his O&M funds to pay for these projects. You correctly tell him that: a . Based on the facts given, it is clear that the correct source of funding for this project would be “unspecified” MILCON. He can approve the project and execute it as soon as he wishes, but must use “unspecified” MILCON funds to pay for it. b . We are in a deployment setting so Operations and Maintenance funds are used for all construction projects not exceeding $100 million. c . In order to answer this question, I would need to talk to the Engineers to determine how they are scoping and classifying this

work. If these projects can be done separately, we may be able to fund them separately with O&M as a repair project (the HQ renovation) and a construction project (the extension). However, if the work is so integrated that we can’t separate the construction project from the repair project, we will have to fund them together as a single project, which could potentially push the total funded project cost us over the O&M funding threshold. d . While unspecified MILCON funding would be the proper funding source, before obligating such funds on this contract, we must first get approval from the Secretary of Defense who would notify Congress. We must then wait 21 days before obligating the money. 10 points QUESTION 5 1. Dividing a project into seemingly complete and usable pieces, but the requirement is not met until all pieces are completed is called ____________________. (fill in the blank) a . Project scoping b . Creative planning c . Incrementation d . Accomplishing the mission QUESTION 1 1. (Choose the best answer). When operating under Continuing Resolution Authority, government agencies: a . Are not authorized to obligate funds. b . Are authorized to obligate funds, but only to pay for contracts

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