__________ is the process of ensuring all performance has been accomplished, final contractor performance has been evaluated, final payment has been made, and the contract has been reconciled.

• A. Terminate Contract
• B. Accept Performance
• C. Close Out Contract
• D. Audit Contract

The substance of the __________ is to create requirements to prevent companies from accounting for profits not realized in an effort to portray value where none exists.

• A. The Antideficiency Act
• B. Sarbanes-Oxley Act
• C. The Truthful Cost or Pricing Data Act
• D. Miller Act

Quality assurance can be __________.

• A. negotiated
• B. objective or subjective
• C. mandatory or optional
• D. implied or prescribed

Scenario 4.0: 2 - "The Requirements of a Requirements Contract"
In 2019, the buyer awarded National Concrete Supply (NCS) the first of three consecutive contracts for concrete placement, asphalt surface treatments, and pavement markings at one of its facilities. The first one- year contract had an option to extend performance through April 30, 2022. The 2020 contract was a
"requirements type contract to be ordered on individual delivery orders." The scope of the contract required NCS to furnish all labor, materials, equipment, transportation, traffic control, and supervision for construction and repair services. The contract provided that services for concrete work would "include, but not be limited to" base course restoration, crack repair, joint repair, concrete headwalls, complete restoration, concrete curb and gutter, concrete porches, steps, and patios, slab jacking, concrete sidewalks, rapid-set concrete repair, culverts and drainage structures, repair or construction of roads, airfield surfaces, walkways, retaining walls, parking lots, and concrete footings.
The buyer reserved the right "to have work falling within the scope of the contract performed by in-house personnel, job order contracting, or by another contract where concrete placement, asphalt surface treatment, or pavement marking is incidental to other work." The 2020 contract also included clauses stating, among other things, that this was a requirements contract and that the estimated quantities were not the buyer's total requirements, but only estimates of requirements exceeding quantities the buyer might furnish within its own capabilities.

Following expiration of the 2020 contract, the buyer entered into additional one-year contracts in 2022 and
2023. Based on the comparison table provided, the key changes were:
* 2022: Added revisions to site work associated with the placement of concrete or asphalt; added a definition of "incident" as work in, on, and up to a perimeter of 5 feet around the structure or item to complete work if its origin is within that 5-foot perimeter; no change to contract description; no change to the clause stating the contract was a requirements-type contract.
* 2023: Added items NCS would furnish, including engineering/layout, preparing subgrade to receive compacted crushed stone base, and clear and grubbing; deleted the line reserving the buyer's right to have certain work performed by in-house personnel, job order contracting, or another contract where concrete placement, asphalt surface treatment, or pavement marking was incidental to other work; updated the contract description to state the contract was a "requirements type contract for construction
/repair of asphalt pavement, concrete pavement, pavement markings, and site preparation"; and replaced the clause with one stating that the estimated quantities set forth in the 2023 contract, and the buyer's obligation to order under the 2023 contract, excluded work that the buyer itself would perform.
NCS claimed that during performance of the 2020, 2022, and 2023 contracts, the buyer diverted substantial portions of work within the scope sections to other contractors and claimed lost profits under each contract.
Question:
If the court found that the 2020 contract was a requirements-type contract, would the buyer have been in breach of contract if it had awarded another company a $500,000 contract for the construction of multiple roads during the performance period?

• A. Yes, because this work would be in the scope of the contract.
• B. No, because the buyer reserved the right to have any work done by another contract.
• C. No, because such an order would exceed the maximum-order limitation.
• D. Yes, because Clause #2 stated that "the buyer shall order from the seller all of its requirements for supplies and services specified in the contract."

The contract closeout process should begin when the ____________.

• A. buyer has inspected the last shipment
• B. seller delivers the last shipment
• C. contract is physically completed
• D. buyer has inspected and accepted the last shipment