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COMPTROLLER FISCAL LAW QUESTIONS AND ANSWERS | LATEST UPDATE
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COMPTROLLER FISCAL LAW QUESTIONS AND ANSWERS | LATEST UPDATE
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2018 COMPTROLLER FISCAL LAW QUESTIONS AND ANSWERSAccountable officers can be held pecuniarily liable:
Both 1 & 2 (1. For three additional years after a loss due to fraud….. discover. ;2. for
improper payment discovered within three years after the accounts are substantially
complete.)
Mr. Sanders is a Government Commercial Purchase Card (GCPC) holder at Fort
Coop. His boss, COL Perdue, is the G-4 (Logistics Officer). One of her collateral
duties as the G-4 includes serving as the certifying official for the ten GCPC
holders in her office. Mr. Sanders used his GCPC to pay for BG Rooster’s (Ft.
Coop’s Commander) annual Labor Day BBQ for the 25 military and civilian
employees and 12 contractors that work in Fort Coop’s headquarters building. It
is now 1 November and someone is questioning the purchase. Which statement
is true?
COL Perdue could be held pecuniarily liable if the purchase is found to be improper.
An accountable officer is not liable for an improper payment:
if the accountable officer obtained an advance decision from the proper authority and
the improper payment was made in reliance on that advanced decision, or if he's a DoD
Departmental Accountable Official and there was no fault or negligence.
When working with the reprogramming of military construction appropriations,
some of the permissible reasons for reprogramming of military construction and
family housing funds are that reprogramming is necessary in response to:
All of the above (Emergencies; Accommodation of unexpected price increases; A need
to restore or replace damaged or destroyed facilities)
When an agency “reprograms” funds, there is no change in the total amount
available in the appropriations account.
true
The Department of Justice Trial Attorneys spoke to your contracting officer
because the contractor was successful on a claim that was filed by the contractor
on a 2005 construction project. The Court of Federal Claims ruled that the
contractor's claim was based on an in-scope modification and the agency is
responsible for paying the claimed amount. Fortunately, the funds which funded
the original contract are not yet closed. Unfortunately, the expired funds which
funded the original contract are exhausted. How should the agency handle this
judgment?
The contracting officer should seek payment from the Judgment Fund and
reimbursement using current funds.
1
, Can the Judgment Fund be utilized to pay the prevailing appellant's attorney fees
if the Government's actions were not substantially justified?
No, the Equal Access to Justice Act allows a prevailing party to recover legal fees from
the Government. These fees cannot be paid from the Judgment Fund, however.
It is appropriate for the Army to acquire lawn cutting services through the Project
Order Statute.
true
On 30 September 2010, $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:
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.
All Economy Act orders to obtain supplies or services by interagency acquisition
require a determination and finding.
True
On 1 September 2011 the command at New Sands Missile Range purchases an x-
ray machine for the installation hospital, which arrives and is accepted on 15
September 2011. The x-ray machine is not needed until August of 2012, 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?
As the bona fide need is in 2012, an ADA violation has been committed, and is not
correctable since proper funds, FY 2012 O&M (or procurement, depending on the
value) were not available at the time of obligation.
On 30 September 2012 the maintenance service contract with Keepin' It Clean at
Fort Meade Garrison is scheduled to expire with no more options to extend. The
contracting officer at Fort Meade would like to award a new contract on the day
the current contract ends, but is not sure if he will have the FY 2013
appropriations in time. Can the contracting officer award Keepin' It Clean a new
contract on 1 October 2012?
Yes, the contracting officer may award the contract "subject to the availability of funds,"
but the government may not accept supplies or services until the contracting officer has
given written notice to the contractor that funds are available.
2
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