Save
Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

CFCM Study Section 1

FAR Parts 1-9, 16-18

QuestionAnswer
Which FAR Part covers the Purpose, Authority, and Issuance of the FAR? FAR Part 1.1
Which FAR Part provides a Statement of Guiding Principles for Federal Acquisitions? FAR Part 1.102
What is the vision (Guiding Principles) of the Federal Acquisition System? To deliver, on a timely basis, the best value product or service to the customer, while maintaining the public's trust and fulfilling public policy objectives.
Which FAR Part covers performance standards? FAR Part 1.102-2
What are the four performance standards listed in FAR Part 1.102-2? 1. Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service. 2. Minimize administrative operating costs. 3. Conduct business with integrity, fairness, and openness; and 4. Fulfill public policy objectives
Which FAR Part covers the Acquisition team? FAR Part 1.102-3
Who does the Acquisition team consist of? All participants in government acquisition, including not only representatives of the technical, supply, and procurement communities, but also the customers they serve and the contractors who provide the products and services.
Which FAR part covers the role of the acquisition team? FAR Part 1.102-4
What are members of the Acquisition team empowered to do? Make decisions and act within their areas of responsibility consistent with the Guiding Principles.
To what level will authority and accountability be delegated within the Acquisition team? The lowest level allowed by law
True or False: If a policy, procedure, strategy, or practice is in the best interest of the government and is not specifically addressed in the FAR or prohibited by law, executive order, or regulation, assume it is prohibited FALSE - Government members should NOT assume it is prohibited
How should absence of direction in regards to acquisition matters be interpreted? Absence of direction should be interpreted as permitting the team to innovate and use sound business judgement that is consistent with law and within the limits of their authority.
Which FAR part covers the authority to prepare, issue and maintain the FAR? FAR Part 1.103
Who prescribes the authority to prepare, issue, and maintain the FAR? The Secretary of Defense The Administrator of General Services The Administrator of the National Aeronautics and Space Administration
Which FAR Part covers the applicability of the FAR? FAR Part 1.104
To which acquisition does the FAR apply? The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded
Which FAR part covers the publication and code arrangement of the FAR? FAR Part 1.105-1
Where is the FAR published? 1. The daily issue of the Federal Register 2. Cumulated form in the Code of Federal Regulations (CFR) 3. A separate loose leaf edition
In what manner is the FAR issued? The FAR is issued as Chapter 1 of Title 48, Code of Federal Regulations (CFR). Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (See Subpart 1.3)
Who assigns Title 48 Code of Federal Regulations (CFR) chapter numbers to requesting agencies? The Code of Federal Regulations (CFR) Staff
Which FAR part covers the numbering scheme of the FAR? FAR Part 1.105-2
Which Act requires federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from 10 or more members of the public? The Paperwork Reduction Act of 1980
The creation of new forms that offerors or contractors are asked to complete are governed by which requirement? The Paperwork Reduction Act of 1980
The OMB control numbers for each FAR segment are listed in which FAR part? FAR Part 1.106
Which FAR part covers FAR Conventions? FAR Part 1.108
How are definitions in FAR Part 2 applied? Definitions in FAR Part 2 apply to the entire regulation unless specifically defined in another part
Delegation of Authority Each authority is delegable unless specifically stated otherwise.
Which FAR Part covers delegation of authority? FAR Part 1.102-4(b)
What is the dollar threshold for the purpose of applicability? Unless otherwise specified, the dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options.
If a contract action establishes a maximum quantity of supplies or services to be acquired or establishes a ceiling price or establishes the final price based on future events, how is the final anticipated dollar value determined? The final anticipated dollar value must be the highest final priced alternative to the government, including the dollar value of all options.
True or False: FAR changes apply to all solicitations regardless of when the solicitation was issued. FALSE: Unless otherwise specified, FAR changes apply to solicitations issued on or after the effective date of the change.
True or False: FAR changes cannot be added to solicitations issued before the effective date of the change. FALSE: Contracting Officers may, at their discretion, include the FAR changes in solicitations issued before the effective date, provided award of the resulting contract(s) occurs on or after the effective date
True or False: FAR changes can be included in existing contracts TRUE: Contracting Officers may, at their discretion, include the changes in any existing contract with appropriate consideration
When the FAR cites a statute, executive order, Office of Management and Budget circular, Office of Federal Procurement Policy letter, or relevant portion of the Code of Federal Regulations (CFR), how are applicable amendments handled? All applicable amendments are included in the citation unless otherwise stated.
Who is responsible for an action when the FAR states that action using an imperative sentence (containing verbs such as shall, must, or will) The contracting officer is responsible unless another party is expressly cited.
Which FAR part covers Statutory Acquisition-Related Dollar Thresholds-Adjustment for Inflation FAR Part 1.109
How often are Statutory Acquisition-Related Dollar Thresholds adjusted for inflation? Every five years (beginning in 2005) using the Consumer Price Index (CPI)
Who is responsible for adjusting the Statutory Acquisition-Related Dollar Thresholds for inflation? The FAR Council
Which Statutory Acquisition-Related Dollar Thresholds are not subject to the statute regarding escalation 1. The Construction Wage Rates Requirements Statute (Davis-Bacon Act) 2. The Service Contract Labor Standards Statute (Service Contract Act of 1965) 3. The US Trade Representative pursuant to the authority of the Trade Agreements Act of 1979
Which FAR Part covers the administration of the FAR? FAR Part 1.2
Who coordinates revisions to the FAR? 1. The Defense Acquisition Regulations (DAR) Council 2. The Civilian Agency Acquisition (CAA) Council
Who makes up the Defense Acquisition Regulations (DAR) Council? 1. Representatives of all military departments 2. the Defense Logistics Agency 3. The National Aeronautics and Space Administration (NASA)
Who makes up the Civilian Agency Acquisition Council? 1. Departments of a. Agriculture b. Commerce c. Energy d. Health and Human Services e. Homeland Security f. Interior g. Labor h. State i. Transportation j. Treasury k. EPA l. Social Security Admin m. Small Bus Admin n. Veterans Affairs
Who is the chairperson for the Defense Acquisition Regulations (DAR) Council? A representative of the Secretary of Defense
Who is the chairperson for the Civilian Agency Acquisition (CAA) Council? A representative of General Services
Who is responsible for printing, publishing, and distributing the FAR? The General Services Administration shall establish a FAR Secretariat and shall provide centralized administrative services and support for both councils (CAA and DAR)
Who is responsible for agency compliance with the FAR for military departments and defense agencies? the Secretary of Defense
Who is responsible for agency compliance with the FAR for civilian agencies other than NASA? the Administrator of General Services
Who is responsible for agency compliance with the FAR for NASA? the Administrator of NASA
Which FAR part covers agency acquisition regulations? FAR Part 1.3
What are the limitations on Agency Acquisition Regulations? Limited to those necessary to implement FAR policy and procedures within the agency and additional policies, procedures, solicitation provisions, or contract clauses that supplement the FAR to satisfy the needs of the agency
Which FAR part covers deviations from the FAR? FAR Part 1.4
What are the two types of deviations from the FAR? 1. Individual Deviations 2. Class Deviations
What is an Individual Deviation (FAR Part 1.403)? Individual Deviations affect only one contract action
Who my authorize an Individual Deviation? The Agency Head (Unless FAR Part 1.405(e) is applicable
What is a Class Deviation (FAR Part 1.404)? Class Deviations affect more than one contract action
Who may authorize a class deviation for Civilian Agencies other than NASA? Agency heads or their designees, unless 1.405(e) "Deviations Pertaining to Treaties and Executive Agreements" is applicable.
Can Delegation of the authority to authorize a class deviation for Civilian Agencies other than NASA be made below the Head of Contracting Activity (HCA)? No. Delegation of this authority shall not be made below the HCA.
What is the first limitation that authorizations of class deviations by agency officials of civilian agencies other than NASA subject to? 1. An Agency Official who may authorize a class deviation, before doing so, shall consult with the chairperson of the Civilian Acquisition Agency Council (CAA Council), unless that agency official determines that urgency precludes such consultation.
What is the second limitation that authorizations of class deviations by agency officials of civilian agencies other than NASA subject to? Recommended revisions to the FAR shall be transmitted to the FAR Secretariat by agency heads, or their designees, for authorizing class deviations.
Who may authorize a class deviation for the Department of Defense (DoD)? Class Deviations shall be controlled, processed, and approved in accordance with the Defense FAR Supplement
Who may authorize a class deviation for NASA? The Assistant Administrator for Procurement.
What FAR Part covers Career Development, Contracting Authority, and Responsibilities? FAR Part 1.6
Unless specifically by another provision of the law, where are the authority and responsibility to contract for authorized supplies and services vested? In the Agency Head
Who may enter into contracts and sign on behalf of the government? Only Contracting Officers
True or False: The agency head may establish contracting activities and delegate broad authority to manage the agency's contracting functions to the heads of such agencies True
How are contracting officers below the head of a contracting activity determined? Contracting Officers below the head of a contracting activity shall be selected and appointed.
Which FAR Part covers a Contracting Officers authority? FAR Part 1.602-1 and 1.602-2
Which FAR Part covers the ratification of unauthorized commitments? FAR Part 1.602-3
What is an unauthorized commitment? agreements that are not binding solely because the government representative who made it lacked the authority to enter into that agreement on behalf of the government.
What is a ratification? The act of approving an unauthorized commitment.
What is the first criteria that must be met before an unauthorized commitment may be ratified? Supplies or Services have been provided to and accepted by the government, or the government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment
What is the second criteria that must be met before an unauthorized commitment may be ratified? The resulting contract would otherwise have been proper if made by an appropriate contracting officer
What is the third criteria that must be met before an unauthorized commitment may be ratified? The contracting officer determines the price to be fair and reasonable
What is the fourth criteria that must be met before an unauthorized commitment may be ratified? The contracting officer recommends payment and legal counsel concurs in the recommendation
What is the fifth criteria that must be met before an unauthorized commitment may be ratified? Funds are available and were available at the time the unauthorized commitment was made
What is the sixth criteria that must be met before an unauthorized commitment may be ratified? The ratification is in accordance with any other limitations prescribed under agency procedures
What is the seventh criteria that must be met before an unauthorized commitment may be ratified? The ratifying official has the authority to enter into a contractual commitment
Which FAR Part covers the selection, appointment, and termination of appointment for contracting officers? FAR Part 1.603
What form is used to appoint a contracting officer? Standard Form (SF) 1402 - Certificate of Appointment
What must be listed on the contracting officer certificate of appointment (SF 1402)? Any limitations on the scope of authority to be exercised, other than limitations contained in applicable law or regulation.
Do individuals delegated micro-purchase authority need to be appointed on an SF1402? No, but they must be appointed in writing
What FAR Part covers Contracting Officer's Representatives (COR)? FAR Part 1.604
What is a micro-purchase? An acquisition of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold.
What is the micro-purchase threshold? $3,500 except under some circumstances
What is the micro-purchase threshold for acquisitions of construction subject to the Wage Construction Rates Requirements Statute (Davis-Bacon Act)? $2,000
What is the micro-purchase threshold for acquisitions of services subject to the Service Contract Labor Standards Statute (Service Contract Act)? $2,500
What is the micro-purchase threshold for acquisitions of supplies or services that are to be used to support a contingency operation regarding a nuclear, biological, chemical or radiological attack, except for construction subject to the Davis-Bacon Act? $20K inside the US $30K outside the US
What is any previously developed item of supply used exclusively for governmental purposes by a federal agency, a state or local government, or a foreign government with which the US has a mutual defense cooperation agreement? A nondevelopmental item
If a nondevelopmental item requires minor modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency, would it still be considered nondevelopmental? Yes
If an item would be considered nondevelopmental except for the fact that it is not yet in use, would it still be considered nondevelopmental? Yes
What is an "offer"? A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.
Is a response to an invitation for bid an offer? Yes, it is called a sealed bid and does not allow for negotiation.
Is a response to a request for proposals an offer? Yes, it is called a proposal and does allow for negotiation
Is a response to a request for quotation an offer? No, it is called a quotation and results in a simplified acquisition.
What are performance-based acquisitions? Acquisitions structured around the results to be achieved as opposed to the manner by which the work is to be performed
What is the simplified acquisition threshold? $150,000 except for acquisition that are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a)
What is the simplified acquisition threshold for acquisition that are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a)? $750K inside the US $1.5M outside the US
Who is authorized to determine that an acquisition will support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a) The Head of Agency
What is the threshold above which the definitions clause shall be inserted into a contract? The definitions clause shall be inserted into any contract that exceeds the simplified acquisition threshold
Which FAR Part covers Improper Business Practices and Personal Conflicts of Interest? FAR Part 3
Per FAR Part 3.1, what is a general rule regarding conflict of interest? Strictly avoid any conflict of interest, or even the appearance of a conflict of interest in government-contractor relationships
Can a government employee solicit or accept anything of monetary value from a current or potential contractor? No
Which FAR Part covers Contractor Gratuities to Government Personnel? FAR Part 3.2
What is the threshold above which the Contractor Gratuities to Government Personnel clause shall be inserted into a contract? The Simplified Acquisition Threshold
Which FAR Part covers reports of suspected antitrust violations? FAR Part 3.3
When must a contracting personnel report any potential improper behavior regarding antitrust laws? Contracting Personnel must always report any potential improper behavior.
Which FAR Part covers the policies and procedures restricting the use of contingent fee arrangements to obtain federal contracts? FAR Part 3.4
What is a contingent fee? A contingent fee is any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. And does not apply below the simplified acquisition threshold
Who can a contingent fee be paid to? bona fide employees or bona fide agencies
Which FAR Part covers "Other Improper Business Practices"? FAR Part 3.5
What are "Other Improper Business Practices" as defined by FAR Part 3.5? a. Buying-In b. Kickback c. Subcontractor Kickbacks
What is "Buying-In"? Submitting an offer below anticipated costs, expecting to a. Increase the contract amount after award b. Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-on contract.
How should the government minimize the opportunity for "buying-in" Seek a price commitment covering as much of the entire program concerned as is practical by using multiyear contracting.
What is a Kickback? Any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided for the purpose of improperly obtaining or rewarding favorable treatment in regards to a contract.
What statute covers Subcontractor Kickbacks? The Kickbacks Statute (The Anti-Kickback Act of 1986)
What is the threshold below which Anti-kickback requirements do not apply? The Simplified Acquisition Threshold
Which FAR Part covers Contracts with Government Employees or organizations owned or controlled by them? FAR Part 3.6
Is it acceptable for a contracting officer to knowingly award a contract to a government employee or any organization owned or controlled by them? No
Which FAR Part covers the voiding and rescinding of contracts? FAR Part 3.7
What is one reason that a contract may be voided or rescinded? When there has been a final conviction for bribery, conflict of interest, disclosure, or receipt of contractor bid or proposal information or source selection information in exchange for a thing of value, or to give anyone a competitive advantage
What is a second reason that a contract may be voided or rescinded? There has been an agency head determination that contractor bid or proposal information or source selection information has been disclosed or received in exchange for a thing of value, or to give anyone a competitive advantage
Which FAR Part covers Limitations on the payment of funds to influence federal transactions? FAR Part 3.8
Which FAR Part covers whistleblower protections for contractor employees? FAR Part 3.9
True or False: An employee or subcontractor can be required to sign an internal confidentiality agreement that restricts them from lawfully reporting waste, fraud, or abuse to a designated government representative False
Which FAR Part covers the contractor code of business ethics and conduct? FAR Part 3.10
Which FAR Part covers preventing personal conflicts of interest for contractor employees performing acquisition functions? FAR Part 3.11
True or False: Contractors are required to both identify and prevent personal conflicts of interest of their covered employees; and prohibit covered employees who have access to non-public information from using such information for personal gain. True
In regards to conflicts of interest while performing acquisition functions, what is a "covered employee "? An individual who performs an acquisition function closely associated with an inherently governmental function and is a. an employee of the contractor; or b. A subcontractor that is self-employed and treated as a covered employee of the contractor
In regards to conflicts of interest while performing acquisition functions, what are some sources of personal conflicts of interest? a. Compensation b. Consulting relationships c. honorariums or travel expense d. Research funding e. Stock or bond ownership or partnership interst f. Real estate investing g. Patents, copyrights, etc. h. Business Ownership or investment interests
Which FAR Part covers Administrative Matters? FAR Part 4
Which FAR Part covers Contract Execution? FAR Part 4.1
In regards to the contracting officer, what information must be on the contract? The contracting officer's name and official title
Does the contracting officer normally sign the contract before or after it is signed by the contractor? After
Who is authorized to sign a contract on behalf of the US Government? Only a contracting officer
What are the four types of corporate entities that effect the type of signatory for the contractor? 1. Individuals 2. Partnerships 3. Corporations 4. Joint Ventures
What type of signatory is required for a contract with an individual? A contract with an individual shall be signed by that individual
What type of signatory is required for a contract with a partnership? A contract with a partnership shall be signed in the partnership name
What type of signatory is required for a contract with a corporation? A contract with a corporation shall be signed in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign.
In regards to a contract with a corporation, who is required to ensure that the person signing for the corporation has the authority to bind the corporation? The contracting officer
What type of signatory is required for a contract with a joint venture? A contract with a joint venture may involve any combination of individuals, partnerships, or corporations.
What FAR Part covers electronic commerce in contracting? FAR Part 4.5
When shall the federal government use electronic commerce? Whenever practicable or cost-effective
Before using electronic commerce, what does the agency head have to do? Ensure that the agency systems are capable of ensuring authentication and confidentiality commensurate with the risk and magnitude of the harm from loss, misuse, or unauthorized access to or modification of the information.
Can Agencies accept electronic signatures and records in connection with government contracts? Per FAR Part 4.502(c) and FAR Part 4.502(d) - Yes
Which FAR Part covers contract reporting? FAR Part 4.6
What system provides a comprehensive web-based tool for assembling, organizing, and presenting contract placement data for the federal government? The Federal Procurement Data System (FPDS-Next Generation)
Where do federal agencies report contract data? The Federal Procurement Data Center (FPDC)
What office collects, processes, and disseminates official statistical data on federal contracting? The Federal Procurement Data Center (FPDC)
True or False: ALL federal contract award data must be made public. True
Above the micro-purchase threshold, which contract actions must be reported (regardless of the solicitation processed used and dollar value)? 1. Definitive Contract Actions 2. Indefinite delivery vehicles (task and delivery orders, GSA FSS, BPAs, BOAs) 3. Calls and orders awarded under indefinite delivery vehicles
What is the dollar limit above which modifications to definitive contract actions, indefinite delivery vehicles (task and delivery orders, GSA FSS, BPAs, BOAs), calls and orders awarded under indefinite delivery vehicles, must be reported? $0 - All modifications must be reported
Which FAR Part covers contractor record retention? FAR Part 4.7
How long must a contractor keep all records pertaining to a government contract? Three years from date of final payment
Which FAR Part covers government contract files? FAR Part 4.8
True or False: documentation in a government contract file should constitute the highlights of the transaction - at a bare minimum the key milestones and persons involved. FALSE - The documentation should constitute a complete history of the transaction and provide a complete background as a basis for informed decisions, supporting actions taken during the term of the contract.
True or False: The FAR has strict rules for how a government contract file is maintained FALSE - Government contract files can be maintained by various agencies in the manner that best achieves their purpose
True or False: FAR 4.8 contains a complete list of the materials to be retained in a government file? True
Which FAR Part covers the uniform use of line items? FAR Part 4.10
When must government agencies implement line item systems that meet the requirements for the Uniform Use of Line Items? October 1, 2019
The policies for the Uniform use of line items apply to which acquisition vehicles? 1. Solicitations 2. Contracts 3. Agreements with pre-priced supplies or services 4. task and delivery orders
Which FAR Part covers the System for Award Management (SAM)? FAR Part 4.11
What is the main purpose of the System for Award Management (SAM)? 1. Increase visibility of vendor sources (including their geographical locations) for specific supplies and services 2. establish a common source of vendor data for the government.
True or False: Generally contractors must be registered in the System for Award Management (SAM) prior to contract award True - specific exceptions and guidance are contained in FAR Part 4.11
Which FAR Part covers Representations and Certifications? FAR Part 4.12
How often must contractors update the representations and certifications submitted to the System for Award Management (SAM)? As necessary but at least annually
Which FAR Part covers Personal Identity Verification? FAR Part 4.13
When must agencies implement OMB guidance for personal identity verification? For all affected contractor and subcontractor personnel when contract performance requires contractors to have routine physical access to a federally controlled facility and/or routine access to a federally controlled information system.
Which FAR Part covers reporting executive compensation and first-tier subcontract awards? FAR Part 4.14
What is the contract value threshold above which contractors are required to report subcontract award data and the total compensation of the five most highly compensated individuals of the contractor and subcontractor? All contracts with a value of $30,000 or more
Which FAR Part covers unique procurement instrument identifiers? FAR Part 4.1601
How long must a Procurement Instrument Identifier (PIID), used to identify solicitations and contract actions, remain unique government wide? at least 20 years from the date of contract award
Which FAR Part covers basic safeguarding of covered contractor information systems? FAR Part 4.19
When must the clause 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems, be inserted into solicitations and contracts? When the contractor or a subcontractor at any tier may have federal contract information residing in, or transitioning through, its information system.
What is a Covered Contractor Information System? An information system that is owned or operated by a contractor that processes, stores, or transmits federal contract information.
Which FAR Part covers publicizing contract actions? FAR Part 5
Per FAR Part 5.001, what is the purpose of publicizing contract actions? To increase competition, broaden industry participation in meeting requirements, and to assist small business concerns, small disadvantaged business concerns, and women-owned small business concerns in obtaining contracts and subcontracts
What is the definition of "Contract Action" per FAR Part 5.001? An action resulting in a contract (including actions for additional supplies or services outside the existing contract scope), but does not include actions that are within the scope and under the terms of the existing contract
For any requirement in the FAR, where must the contracting officer publish a notice? The government wide point of Entry (GPE)
Which FAR Part covers methods of disseminating information? FAR Part 5.1
For proposed contract actions expected to exceed $25,000, how must the contracting officer disseminate the information? By synopsizing in the Government wide Point of Entry (GPE)
For proposed contract actions expected to exceed $15,000 but not $25,000; how must the contracting officer disseminate information? By displaying in a public place, or by any appropriate electronic means, an unclassified notice of the solicitation or a copy of the solicitation satisfying the requirements of 5.207(c)
What information must be included in the information disseminated for contract actions expected to exceed $15,000 but not $25,000? 1. that all responsible sources may submit a response 2. that if timely received must be considered by the agency
What timeline is required for the dissemination of contract actions expected to exceed $15,000 but not $25,000? The information must be posted no later than the date the solicitation is issued and must remain posted for at least 10 days or until after the quotations have been opened, whichever is later
Which FAR Part covers the synopsis of proposed contract actions? FAR Part 5.2
What is the primary purposes of the Government wide Point of Entry (GPE) notice of contract actions? 1. To improve small business access to acquisition information 2. To enhance competition by identifying contracting and subcontracting opportunities
What is the web site for the Government wide Point of Entry (GPE)? www.fedbizopps.gov
Which FAR Part covers exceptions to the synopsis of contract action requirement? FAR Part 5.202
What are all Government wide Point of Entry (GPE) publicizing and response times calculations based on? The date of publication
In regards to the Government wide Point of Entry (GPE), what is the definition of the "Publication Date" The date the notice appears in the Government wide Point of Entry (GPE)
When must a notice be published in the Government wide Point of Entry (GPE)? at least 15 days prior to issuance of a solicitation except that, for acquisitions of commercial items, the contracting officer may 1. Establish a shorter period for issuance of the solicitation; or 2. Use the combined synopsis & solicitation procedure
Which FAR Part covers the combined synopsis and solicitation procedure? FAR Part 12.603
What should contracting officers consider when establishing solicitation response times for either contract actions estimated to be >$25,000 but less than the simplified acquisition threshold, or actions for commercial items >$25,000? The circumstances of the individual acquisition, such as the complexity, commerciality, availability, and urgency
Except for the acquisition of commercial items, how long should agencies allow for receipt of bids or proposals from the date of issuance of a solicitation, if the contract action is expected to exceed the simplified acquisition threshold? At least 30 days
When should contracting officers presume the notice was published following transmission to the government wide point of entry (GPE)? Unless they have evidence to the contrary, one day after transmission
Can contractors publicize subcontracting opportunities to the government wide point of entry (GPE)? Yes, A Prime contractor or subcontractor with a contract exceeding $150,000 with the opportunity to subcontract (for subcontractors the next tier contract must exceed $15,000) may publicize
What is the value threshold above which Prime contractors may publicize subcontract opportunities in the government wide point of entry (GPE)? $150,000
What is the value threshold above which Subcontractors may publicize next tier subcontract opportunities in the government wide point of entry (GPE)? $150,000 - However the next tier opportunity must exceed $15,000
Which FAR Part covers the synopses of contract awards? FAR Part 5.3
When must contracting officers synopsize, through the government wide point of entry (GPR) contract awards? Award exceeding $25,000 that are 1. covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (Subpart 25.4); or 2. Likely to result in the award of subcontracts
Can contracting officers synopsize contract awards that are less than $25,000? Yes, when publicizing would be advantageous to industry or the government
At what dollar threshold shall contracting officers release to the public and make information available on awards? Awards over $4 million
Which FAR Part covers the release of information? FAR Part 5.4
True or False: To preserve the integrity of the acquisition process, a moderate degree of business security must be maintained. FALSE, To preserve the integrity of the acquisition process, a HIGH degree of business security must be maintained.
True or False: Information relating to plans that would provide undue or discriminatory advantage to private or personal interests IS releasable under FAR 5.4 False
True or False: Information received in confidence from an offeror IS releasable under FAR 5.4 False
True or False: Information requiring protection under the Freedom of Information Act or Privacy Act IS NOT releasable True
True or False: Information pertaining to internal agency communications IS NOT releasable under FAR 5.4 True
Can estimates of unclassified long-range acquisition requirements be publicized? Yes, to assist industry planning and to locate additional sources of supply
Which FAR Part covers competition requirements? FAR Part 6
True or False: FAR Part 6 applies to all acquisition including those awarded using the simplified acquisition procedures of FAR Part 13 False - FAR Part 6 does NOT apply to contracts awarded using the simplified acquisition procedures of FAR Part 13
True or False: FAR Part 6 applies to all acquisitions including contracting procedures not addressed in FAR part 6 that are expressly authorized by statute False - FAR Part 6 does NOT apply to contracts awarded using contracting procedures not addressed in FAR Part 6 that are expressly authorized by statute
True or False: FAR Part 6 does NOT apply to contract modifications, including the exercise of priced options that were evaluated as part of the initial competition, that are within the scope and under the terms of an existing contract True
True or False: FAR Part 6 does NOT apply to orders placed under requirements contracts or definite-quantity contracts True
True or False: FAR Part 6 applies to all contracts, including orders placed under IDIQ cons entered into pursuant to Part 6 when it was awarded under 6.1 or 6.2 & all responsible sources were permitted to compete for the rqumts contained in the order False
True or False: FAR Part 6 applies to all contracts, including orders placed under IDIQ cons entered into pursuant to Part 6 when it was awarded under 6.3 & the required justification & approval adequately covers the requirements contained in the order False
True or False: FAR Part 6 does NOT apply to orders placed against task order and delivery order contracts entered into pursuant to Subpart 16.5 True
What FAR Part covers Full and Open Competition? FAR Part 6.1
Per FAR Part 6.1, what is the definition of full and open competition? The process by which all responsible sources are allowed to compete
What are the competitive procedures available for use in fulfilling the requirement for full and open competition? 1. Sealed Bids 2. Competitive Proposals 3. A combination of competitive procedures (e.g. two step sealed bidding 4. Other competitive procedures (e.g. selection of sources for architect-engineering contracts)
Which FAR Part covers full and open competition after exclusion of sources? FAR Part 6.2
What are the circumstances under which an agency may exclude sources from competition? 1. Establishing or maintaining alternative sources 2. small businesses 3. Section 8(A) 4. HUBZONE 5. Service Disabled Veteran 6. Economically disadvantaged women 7. women owned 8. Local firms during a major disaster or emergency
When may an agency exclude sources to establish or maintain alternative sources? 1. Increase/maintain competition & reduce overall costs 2. national defense 3. ensure the continuous availability of a reliable source 4. satisfy projected needs based on historical data 5. critical need for medical, safety, or emergency supplies
Does the provision that allows for the exclusion of sources to establish or maintain alternative sources require a D&F? Yes, signed by the head of agency or designee
Can a D&F for the exclusion of sources to establish or maintain alternative sources be made at a class level? No, each case must be determined individually
Which FAR Part covers other than full and open competition? FAR Part 6.3
Which statutes authorize other than full and open competition? 41 USC 253(c) nd 10 USC 2304(c)
What are the seven exceptions to full and open competition? 1. Only one responsible source 2. Unusual and compelling urgency 3. Industrial mobilization 4. International agreement 5. Source authorized or required by statute 6. National Security 7. Public Interest
Who is authorized to provide written approval for other than full and open competition and at what values? <$700K - contracting officer >$700K <$13.5M - Competition Advocate >$13.5M <$68M ($93M for DOD, NASA, and Coast Guard) - Head of procuring activity or designee >$68M - Senior procurement executive of the agency
For contract exceeding $13.5M but less than $68M ($93M for DoD, NASA, and Coast Guard), who may the head of the procuring activity designate signatory authority to? A military flag officer or civilian who is above GS-15
Which FAR Part covers sealed bidding and competitive proposals? FAR Part 6.4
When are sealed bids appropriate? 1. Time permits, 2. award will be made on the basis of price and other price related factors, 3. no discussions are required, and 4. there is a reasonable expectation of receiving more than one bid
When are competitive proposals appropriate? When sealed bids are not.
Which FAR Part covers Competition Advocate? FAR Part 6.5
What is an agency and procuring activity competition advocate responsible for? 1. Promoting the acquisition of commercial items 2. promoting full & open competition 3. challenging requirements not stated in terms of functions to be performed 4. Performance required or essential physical characteristics 5. challenging barriers
What are some examples of barriers to full and open competition that the competition advocate would challenge? 1. Unnecessarily restrictive statements of work (SOW) 2. unnecessarily detailed specifications 3. unnecessarily burdensome contract clauses
Which FAR Part covers acquisition planning? FAR Part 7
Which FAR Part covers acquisition plans? FAR Part 7.1
What is the definition of acquisition planning? The process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost.
When should acquisition planning begin? As soon as the agency need is identified
What the purpose of acquisition planning? To ensure that the government meets its needs in the most effective, economical, and timely manner.
True or false: Acquisition planning should not begin until you are in the FY in which the contract award or order placement is necessary. False, Acquisition planning should begin as soon as the agency need is identified, preferably well in advance of the fiscal year in which contract or award placement is necessary.
Who should the acquisition team consist of? All those who will be responsible for significant aspects of the acquisition, such as contracting, fiscal, legal, and technical personnel.
Who should the planner consult with early in the acquisition planning process? The requirements and logistics personnel who determine type, quantity, and delivery requirements.
If other than full and open competition is planned, who should the acquisition planner coordinate with? The cognizant competition advocate
True or False: Agencies shall perform acquisition planning and market research for all acquisitions except for those that utilize federal supply schedules False, acquisition planning performed and market research shall be conducted on ALL acquisitions
What should acquisition planning and market research promote and provide for? 1. Acquisition of commercial items or non-developmental items 2. Full and open competition, or competition to the maximum extent practicable 3.Selection of appropriate contract type 4. Appropriate consideration of the use of pre-existing contracts
True or False: To facilitate the acquisition objectives, the plan must identify all milestones whether a decision should be made or not. FALSE - the plan must identify those milestones at which a decision should be made
What considerations must the acquisition plan include? All technical, business, management, and other significant considerations that will control the acquisition
True or False: The acquisition plan shall contain specific content which shall not vary from one acquisition to the next FALSE specific content of acquisition plans will vary depending on the nature, circumstances, and stage of the acquisition.
Which FAR Part covers the content of a written acquisition plan? FAR Part 7.105
What must acquisition plans for service contracts or orders describe? The strategies for implementing performance-based acquisition methods or must provide rationale for not using those methods
What are the two sections that are generally included in each action plan? 1. Acquisition Background and Objectives (FAR 7.105(a)) 2. Plan of Action (FAR 7.105(b)
What does the Acquisition Background and Objectives (FAR 7.105(a) portion of the acquisition plan provide? Information on the nature, context, and background of the requirement
What does the Plan of Action (FAR 7.105(b)) portion of the acquisition plan address? The proposed approach for conducting the acquisition
What are the major elements for the Acquisition Background and Objectives (FAR 7.105(a)) portion of the acquisition plan? 1. Statement of Need 2. Applicable Conditions 3. Cost 4. Capability or Performance 5. Delivery or Performance Period 6. Trade-Offs 7. Risks 8. Acquisition Streamlining
Per FAR 7.105(a) Acquisition Background and Objectives, what is a Statement of Need? A brief description of the requirement
Per FAR 7.105(a) Acquisition Background and Objectives, what are applicable conditions? Any external constraints, in addition to requirements for computability with existing systems
Per FAR 7.105(a) Acquisition Background and Objectives, what is cost? Cost goals for the acquisition, and may include the following types of analysis: life-cycle cost, design-to-cost, should-cost
Per FAR 7.105(a) Acquisition Background and Objectives, what is capability or performance? the required capabilities or performance characteristics and how they relate to the statement of need
Per FAR 7.105(a) Acquisition Background and Objectives, what are delivery or performance-period requirements? delivery requirements, including the rationale for any urgency that may result in a non-competitive acquisition
Per FAR 7.105(a) Acquisition Background and Objectives, what are trade-offs? any potential cost, capability performance, and schedule goal trade-offs
Per FAR 7.105(a) Acquisition Background and Objectives, what are risks? cost, technical, and schedule risks, along with planned efforts to reduce those risks
Per FAR 7.105(a) Acquisition Background and Objectives, what is acquisition streamlining? pre-solicitation industry outreach efforts and tailoring of requirements
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element SOURCES? Potential sources for the need, including consideration of mandatory sources of supply, small business concerns, and interagency contracting vehicles
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element COMPETITION? How competition will be sought, promoted, and sustained throughout the course of the acquisition or, if the acquisition will be non-competitive, discuss which authority from FAR 6.302 applies and why.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element CONTRACT TYPE SELECTION? Explain the selection of the contract type, including any additional documentation required for use of other than a firm-fixed-price contract
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element SOURCE SELECTION PROCEDURES? Discuss the source-selection procedures for the acquisition, including the timing for submission and evaluation of proposals, and the relationship of evaluation factors to the attainment of the acquisition objectives
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element ACQUISITION CONSIDERATIONS? Part 1 Discuss multiyear contracting, options, or other special contracting methods (FAR Part 17); any special clauses, special solicitation provisions, or FAR deviations required (FAR 1.4); Sealed Bidding or negotiation and why;
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element ACQUISITION CONSIDERATIONS? Part 2 equipment lease or purchase (FAR 7.4) and why; & any other contracting considerations. Provide rationale if a performance-based acquisition will not be used or is contemplated for services on other than a firm fixed price basis.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element BUDGETING AND FUNDING? Include budget estimates, explain how they were derived and discuss the schedule for obtaining adequate funds at the time they are required (FAR 32.7)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element PRODUCT OR SERVICE DESCRIPTIONS? Explain the choice of product or service description types (including performance-based acquisition descriptions) to be used in the acquisition.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element PRIORITIES, ALLOCATIONS, AND ALLOTMENTS? When urgency of the requirement dictates a particularly short delivery or performance schedule, certain priorities may apply. If so, specify the method for obtaining and using priorities, allocations, and allotments, and the reasons for them (FAR 11.6)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element CONTRACTOR VS GOVERNMENT PERFORMANCE? Address the consideration given to OMB Circular No. A-76 (FAR 7.3)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element INHERENTLY GOVERNMENTAL FUNCTIONS? Address the consideration given to FAR 7.5
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element MANAGEMENT INFORMATION REQUIREMENTS? Discuss, as appropriate, what management system will be used by the government to monitor the contractor's effort. Also discuss the timing and conduct of integrated baseline reviews (whether prior to or post-award)
If an Earned Value Management System (EVMS) is to be used to monitor the contractor's effort, what should be included in the MANAGEMENT INFORMATION section of the Plan of Action (FAR 7.105(b)) Discuss the methodology the government will employ to analyze and use the earned value data to assess an monitor contract performance.
Per FAR 7.105(b) Plan of Action, Compliance with what standard should be discussed as it applies to Earned Value Management Systems (EVMS) when one is used to monitor the contractor's effort? Discuss how the offeror's/contractor's EVMS will be verified for compliance with the American National Standards Institute/Electronics Industries Alliance (ANSI/EIA) Standard-748 "Earned Value Management Systems"
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element MAKE OR BUY? Discuss any considerations given to make-or-buy programs (FAR 15.407-2)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element TEST AND EVALUATION? To the extend applicable, describe the test program of the contractor & the government. Describe for each major phase of a major system acquisition. If concurrency is planned, discuss the extent of testing to be accomplished before production release.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element LOGISTICS CONSIDERATIONS? Discuss the assumptions made in determining contractor or agency support, both initially and over the life of the acquisition (FAR 7.3); the reliability, maintainability, and quality assurance requirements, include any planned use of warranties (FAR 46)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element GOVERNMENT FURNISHED PROPERTY? Indicate any government property to be furnished to contactors, and discuss any associated considerations, such as its availability or the schedule for its acquisition (FAR 45.102)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element GOVERNMENT FURNISHED INFORMATION? Discuss any government information (such as manuals, drawings, and test data) to be provided to prospective offerors and contractors. Indicate which information that requires additional controls to monitor access and distribution.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element ENVIRONMENTAL AND ENERGY CONSERVATION OBJECTIVES? Applicable environmental & energy conservation objectives (FAR 23), the applicability of environmental asmt or impact statement (40 CFR 1502) proposed resolutions, & any related rqmts to be included in solicitations & contracts (FAR 11.002 and 11.303)
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element SECURITY CONSIDERATIONS? For acquisitions dealing with classified matters, discuss how adequate security will be established, maintained, and monitored.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element CONTRACT ADMINISTRATION? Describe how the contract will be administered. In contracts for services, include how inspection and acceptance corresponding to the work statement's performance criteria will be enforced.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element OTHER CONSIDERATIONS? 1. Standardization concept 2. industrial readiness program 3. defense production act 4. occupational safety health act 5. SAFETY ACT (FAR 50.2) 6. foreign sales implications 7. designated operating areas or diplomatic or consular mission 8. other
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element MILESTONES FOR THE ACQUISITION CYCLE? Address major milestones outlined from approval of the acquisition plan through contract award.
Per FAR 7.105(b) Plan of Action, what should be addressed under the major element INDICATION OF PARTICIPANTS IN ACQUISITION PLAN PREPARATION? List the individuals who participated in preparing the acquisition plan, giving contact information for each
Prior to Bundling contract requirements, what must the head of agency do? conduct market research to determine whether bundling is necessary an justified.
What FAR Part covers the planning for the purchase of supplies in economic quantities? FAR Part 7.2
What FAR Part covers Contractor VS Government performance? FAR Part 7.3
What FAR Part covers Equipment Lease or Purchase? FAR Part 7.4
In regards to Lease VS Purchase? When is the purchase method generally appropriate? When the equipment will be used beyond the point in time when cumulative leasing costs exceed the purchase cost
What FAR Part covers inherently governmental functions? FAR Part 7.5
True or False: Contractors can be used for inherently governmental functions with the contracting officers approval False - Contractors shall NOT be used for inherently governmental functions.
Who reviews and approves whether a function is inherently governmental or not? The appropriate Office of Management and Budget official
What are some examples of inherently governmental functions per FAR Part 7.5? 1. criminal investigations 2. prosecutions or adjudicatory duties 3. command of military forces 4. conduct of foreign diplomacy 5. development of foreign policy 6. performance of intelligence or counterintelligence
Per FAR Part 7.5, what are contractors generally precluded from doing? 1. federal acquisition work 2. develop agency budget priorities 3. handle treasury funds 4. distribute government property 5. make any determination relating to security clearances or eligibility for federal programs
Can contractors perform any work that is inherently governmental? Yes, contractors may perform a wide range of support to activities that are inherently governmental, but must at all times be on under the direct supervision and control of government employees
What FAR Part covers required sources of supply? FAR Part 8
What are required sources of supplies and in what order shall they be utilized? 1. Agency Inven 2. Excess from other agencies 3. Federal Prison Industries Inc 4. Supplies on the Proct List maint by the com for purch from people blind or severely disabled; & 5. Wholesale supply sources (GSA, DLA, VA, military inven control pts)
What are the required sources for services? Services on the Procurement List maintained by the Committee for Purchase from People Who Are Blind or Severely Disabled
What FAR Part covers excess personal property? FAR Part 8.1
What is the definition of excess personal property? Property of any kind, or interest in it, except real property, records of the federal government, and the following categories of naval vessels (battleships, cruisers, aircraft carriers, destroyers, and submarines)
Who must make positive efforts to satisfy agency requirements by obtaining and using excess personal property before initiating a contract action? Agency personnel
What is the first source of supply for agency and cost reimbursement contractor requirements? Excess personal property
What FAR Part covers the use of federal supply schedules? FAR Part 8.4
What are federal supply schedules that are covered under FAR Part 8.4? Also known as the GSA Schedules program or the Multiple Award Schedule (MAS) Program
What at the two online tools offered by GSA? GSAAdvantage (online shopping service) and e-buy (electronic request for quotation system)
Can open market items be added to a GSA blanket purchase agreement? Yes
What steps must a contracting officer take to add open market items to a GSA blanket purchase agreement? 1. Follow all applicable acquisition regulations pertaining to the purchase of the items 2. determine the price for the items is fair and reasonable 3. clearly label the items as not on the schedule 4. include all applicable contract clauses
What FAR Part covers using Federal Supply Schedules? FAR Part 8.404
What FAR Parts do not apply to orders placed against Schedule contracts? 1. FAR Part 13 (Except for 13.303-2(c)) 2. FAR Part 14 3. FAR Part 15 4. FAR Part 19 (Except for 19.202-1(e)(1)(iii)
Are orders placed against a multiple award schedule (MAS) considered to be set aside? No, they are considered to be issued using full and open competition
Should ordering activities seek competition on both multiple award schedules and outside of the schedules? No
What must orders placed against federal supply schedules comply with? 1. Acquisition planning requirements (FAR 7.1 and 39) 2. Requirements for a bundled contract (FAR 2.101(b)) 3. The requiring agency's statutory and regulatory requirements that apply to the supply or services
Does the ordering agency need to determine an order placed against a federal supply schedule as fair and reasonable? No, the GSA has already made that determination
Are the prices in a federal supply schedule contract fixed prices? No, the ordering agency may ask for further discounts.
What FAR Part covers ordering procedures for federal supply schedules? FAR Part 8.405
In regards to offer evaluation, what is the ordering activity responsible for? 1. Considering the level of effort & mix of labor proposed to perform the task being ordered 2. Determining the total price is reasonable 3. placing the order, or establishing BPA with the schedule contractor that represents best value (FAR 8.404(d))
What FAR Part covers blanket purchase agreements with federal supply schedules? FAR Part 8.405-3
When should ordering activities establish blanket purchase agreements with schedule contract holders? When supplies or services will be ordered on a repetitive basis
What should be considered when establishing Blanket Purchase Agreements (BPAs)? 1. The scope and complexity of the requirements 2. The need to periodically compare multiple technical approaches or prices 3. The administrative costs 4. The technical qualifications of the contractors
If the ordering activity establishes multiple BPAs, before placing an order exceeding the micro purchase threshold, what must the agency do? 1. Provide an RFQ to all BPA holders 2. Afford all BPA holders the opportunity to respond with a quote 3. fairly consider all responses
What FAR Part covers ordering activity responsibilities when ordering under Federal Supply Schedules? FAR Part 8.406
When ordering under Federal Supply Schedules, what are ordering activities responsible for? 1. Order Placement 2. Inspection & Acceptance 3. Seeing appropriate remedies when the supply or service does not conform to order rqmnts 4. Termin indiv orders for cause or conv 5. Issuing final decisions on disputes due to prfrmce
True or False: Evaluations of Contractor Performance are not required for orders placed under a schedule contract False: Ordering Activities must prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold (FAR 42.1502(c))
Which FAR Part covers the acquisition of helium? FAR Part 8.5
Which FAR Part covers acquisition from Federal Prison Industries Inc.? FAR Part 8.6
What FAR Part covers acquisitions from nonprofit agencies employing people who are blind or severely disabled? FAR Part 8.7
Are purchases from Federal Prison Industries mandatory? No, though a waiver may be required per FAR 8.605
What are the two central non-profit agencies that were established under the Committee for Purchase from People Who Are Blind or Severely Disabled? 1. The National Industries for the Blind (NIB) 2. The National Industries for the Severely Handicapped (NISH)
What act created the Committee for Purchase from People Who Are Blind or Severely Disabled? The Javits-Wagner O'Day Act (JWOD)
When multiple nonprofit agencies, participating in the AbilityOne Program, produce identical supplies or services, what is the order of priorities for placing orders? Supplies: 1. Federal Prison Industries (FPI) 2. AbilityOne participating nonprofit agencies 3. Commercial sources Services: 1. AbilityOne participating nonprofit agencies 2. FPI or Commercial sources
What is the name of the program through which FPI and nonprofit agencies participate in the Committee for Purchase from People Who Are Blind or Severely Disabled? The AbilityOne Program
Which FAR Part discusses exemptions to the use of AbilityOne agencies and the procedures to be followed to document such an exception? FAR Part 8.706
Which FAR Part covers contractor qualifications? FAR Part 9
Which FAR Part covers responsible prospective contractors? FAR Part 9.1
True or False: Purchases can be made from any contractor that whishes to do business with the Federal Government False: Purchases are to be made from, and contracts awarded only to, responsible prospective contractors
To be determined responsible, what are the first two things a contractor must do? 1. Have adequate financial resources to perform, or the ability to obtain them 2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments
To be determined responsible, what are second three things a contractor must do? 3. Have a satisfactory performance record 4. Have a satisfactory record of integrity and business ethics 5. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them
To be determined responsible, what are last two things a contractor must do? 6. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them 7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations
Are all domestic corporations eligible for consideration of award? No, Per FAR 9.108 an inverted domestic corporation is not eligible for award
What is an inverted domestic corporation? a foreign incorporated entity treated as an inverted domestic corporation (a corporation that used to be incorporated, or a partnership, in the US but is now incorporated in a foreign country or is a subsidiary of a foreign company
True or False: A prospective contractor that is, or recently has been, seriously deficient in contract performance must always be considered nonresponsible False: the contracting officer can determine that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action.
What is considered strong evidence of nonresponsibility? Past failure to apply sufficient tenacity and perseverance to perform acceptably
What is a significant factor in determining satisfactory performance? Failure to meet the quality requirements of the contract
What shall the Contracting Officer consider when making a determination of responsibility? 1. the number of contracts involved 2. the extent of deficient performance in each contract 3. the contractor's compliance with subcontracting plans (if one is required for the pending contract)
When it is necessary to develop special standards of responsibility for a particular acquisition or class of acquisitions, who is responsible for developing them? The contracting officer with the assistance of appropriate specialists)
When would special standards of responsibility be particularly desirable? When experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance
True or False: Contracting Officers may award contracts for subsistence to any prospective contractor False: Contracting Officers shall award contracts for subsistence only to those prospective contractors that meet the general standards in FAR Part 9.104-1 and are approved in accordance with agency sanitization standards and procedures
Upon making a determination of responsibility for a small business concern, what must a contracting officer do? refer the matter to the Small Business Administration, which will decide whether to issue a certificate of competency per FAR 9.104-3(d)
Who is responsible for determining the responsibility of subcontractors? The Prime contractor
Can a Contracting Officer determine the responsibility of subcontractors? While the Prime contractor generally determines the responsibility of their subs, the contracting officer may directly determine the responsibility of subcontractors when it is in the governments best interest to do so
What FAR Part covers qualification requirements? FAR Part 9.2
What is a qualification requirement? A qualification requirement is a government requirement for testing or other quality assurance demonstration that must be completed before award of a contract.
True or False: Once a qualification requirement is published in the governmentwide point of entry (GPE), the requirement to seek sources is complete. False: the activity responsible for establishment of the qualification requirements must periodically furnish through the governmentwide point of entry (GPE) a notice seeking additional sources or products for qualification
To offer on a potential contract that includes a qualification requirement, do potential offerors need to be on a Qualified Bidders List, Qualified Manufacturers List, or Qualified Products List? No, they can demonstrate that they can meet the requirements before the specified award date
What FAR Part covers first article testing and approval? FAR Part 9.3
What is the purpose of first article testing and approval? To ensure that the contractor can furnish a product that conforms to all contract requirements for acceptance
What must a contracting officer consider before requiring first article testing and approval? 1. impact on cost or delivery 2. risk if not done 3. availability of less costly methods of ensuring the desired quality
When might testing and approval be appropriate? 1. ctr has not previously furnished product 2. subsequent changes in processes or specs 3. production has been discont 4. product was found defective 5. product is described by a perform spec 6. Need an approved first article to serve as a mfg std
What contracts are testing and approval normally not required for? 1. Research and Development efforts 2. Products requiring qualification before award 3. products normally sold in the commercial market 4. products covered by complete and detailed technical specifications
What FAR Part covers Debarment, Suspension, and Ineligibility? FAR Part 9.4
What is the definition of Debarment? Action taken by a debarring official to exclude a contractor from government contracting and subcontracting for a reasonable, specified period.
What is the maximum length of a normal debarment? Three Years
What is the definition of suspension? action taken by a suspending official to disqualify a contractor temporarily from government contracting and subcontracting
In regards to Government Contractors, what is the definition of ineligible? excluded from government contracting (and subcontracting, if appropriate) pursuant to statutory, executive order, or regulatory authority (other than the FAR)
Are debarments and suspensions punishment? No, debarment and suspensions are discretionary actions that are taken in the public interest
Where are contractors who have been debarred, declared ineligible, or excluded or disqualified listed? The System for Award Management (SAM)
Who is responsible for updating the System for Award Management (SAM) when a contractors status has changed in regards to debarment, suspension, or eligibility? Each agency is responsible
How soon after an action regarding debarment, suspension, or eligibility becomes effective should the System for Award Management (SAM) be updated? within 5 days
When should the contracting officer review the list of vendors debarred, suspended, or ineligible for award, when awarding a contract? after opening of bids or proposals and immediately prior to award
True or False: Agencies shall not solicit offers from, award contracts to, or consent to subcontracts with contractors who have been disbarred, suspended, or proposed for disbarment without exception. False: The agency head may make a determination that there is a compelling reason for making the award.
Under what circumstances, other than an agency head determination, may contractors enter into a subcontract with other contractors who have been disbarred, suspended, or proposed for disbarment? 1. The subcontract would be < $35K 2. for a commercially off the shelf item
What actions must a prime contractor take when subcontracting with another contractor who has been disbarred, suspended, or is proposed for disbarment? A corporate officer, or designee, is required to notify the contracting officer in writing before entering into such contract
What FAR clause lists the causes for disbarment? FAR Part 9.406-2
What FAR clause lists the causes for suspension? FAR Part 9.407-2
What FAR part covers organizational and consultant conflicts of interest? FAR Part 9.5
What is an organizational conflict of interest? 1. a person is unable or potentially unable to render impartial assistance or advice to the government 2. the person's objectivity in performing contract work is, or might be, otherwise impaired 3. a person has an unfair competitive advantage
When is an organizational or consultant conflict of interest most likely to occur? contracts for management support services; consultant or other professional services; contractor performance of, or assistance with, technical evaluations; or system engineering or technical direction by a ctr who does not have contractual responsibility
What must contracting officers do in regards to organizational or consultant conflicts of interest? Identify, avoid, neutralize, or mitigate such conflicts of interest
What FAR Part covers contractor team arrangements? FAR Part 9.6
What is a contractor team arrangement? An arrangement in which two or more companies form a partnership or joint venture to act as a potential prime; or a potential prime agrees with one or more companies to act as its subcontractors under a specified government contract or acquisition program
Why might contractor team arrangements be desirable from both a government and industry standpoint? To enable the companies involved to complement each other's unique capabilities and offer the government the best combination of performance, cost, and delivery for the system or product being acquired.
Do contractors who enter into a teaming arrangement have to do it prior to submitting an offer? No, while teaming arrangements are normally entered into prior to submission, it may be done later in the acquisition process including after award.
For teaming arrangements entered into after submission of an offer, what must the companies do before the arrangement becomes effective? Identify the arrangements and fully disclose the company relationships
Will the government normally require or encourage the dissolution of contractor team arrangements? No
What FAR Part covers defense production pools and research and development pools? FAR Part 9.7
What are Defense Production Pools and Research and Development Pools? group that (1) Assoc tgthr to obtain & perform, jointly or in conj w each other, dfns prod or R&D cons (2) Entered into agmt gvng their org, rlship, & proc (3) Obtained approval of the agrmt by either SBA or a desig off under Part V of Exec Ord 10480
How should a defense production pool or a research and development pool be treated in regards to offers and contract award? A pool shall be treated the same as any other prospective or actual contractor except no award unless the offer is in the pools name or in one members name and expressly stated as a pool offer.
What should the contracting officer do when a defense production or research and development pool is received? The contracting officer shall verify the pools approved status with the Small Business Administration district office director or other approving agency and document the contract file that the verification was made
What are defense production or research and development pools approved by the SBA entitled to? The preferences and privileges accorded to small business concerns
Can an award be made to a defense production or research and development pool that has not been approved by the SBA? Yes
What must a contracting officer do when awarding a contract to a defense production or research and development pool that has not been approved by the SBA? require each pool member participating in the contract to furnish a certified copy of a power of attorney identifying the agent authorized to sign the offer or contract on that members behalf
Can a defense production or research and development pool member submit an offer independent of the pool? Yes, however the contracting officer shall not consider an independent offer by a pool member if that member participates in a competing offer submitted by the pool
What FAR Part covers types of contracts? FAR Part 16
What are the factors that cause contract types to vary? the degree and timing of the responsibility assumed by the contractor for the costs of performance and the amount and nature of the profit incentive offered to the contractor for achieving or exceeding goals.
What are the two categories of contract types? 1. Fixed Price 2. Cost Reimbursement
What method is used for selecting contract types? Negotiation
True or False: Negotiating contract types and negotiating prices should be done independently of each other False: Negotiating contract types and contract price are closely related and should be considered together
What is the objective for negotiation? the objective is to negotiate a contract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance.
When should a firm-fixed price contract be used? When the risk involved is minimal or can be predicted with an acceptable degree of certainty
What FAR Part covers fixed price contracts? FAR Part 16.2
Which contract type places the maximum risk and full responsibility for all costs and resulting profit or loss on the contractor? Firm-fixed price contracts
When may a contracting officer utilize a firm fixed price contract in conjunction with an award fee incentive or performance or delivery incentive contract? When the award fee or incentive is based solely on factors other than cost.
A firm fixed price contract my be used when the contracting officer can establish fair and reasonable prices at the outset such as when 1. adequate price competition 2. price comparisons with prior competitive purchases 3. available cost/pricing data 4. risks identified and priced and contractor is willing to accept them
What is a fixed price incentive contract? contract that provides for the adjustment of profit and establishment of the final contract price by a formula based on the relationship of the final negotiated total cost to total target cost.
What are fixed price incentive contracts appropriate for? development and production efforts
What is a fixed price with economic adjustment contract? contract that provides for upward or downward revision of the stated contract price upon occurrence of specified contingencies.
What are fixed price with economic adjustment contracts appropriate for? when there is serious doubt concerning the future stability of market or labor conditions over an extended period of contract performance and when contingencies that would otherwise be included in the contract price can be identified & covered separately
What is a fixed price with prospective price redetermination contract? a firm fixed price for an initial period with prospective redetermination at a stated time during performance
What are fixed price with prospective price redetermination contracts appropriate for? production or services for which it is possible to negotiate a fair and reasonable price for an initial period but not for subsequent periods of contract performance
What is a fixed ceiling price with retroactive price redetermination contract? a fixed ceiling price and a price redetermination within the ceiling after contractor completion.
What is a fixed ceiling price with retroactive price redetermination contract appropriate for? research and development contracts valued at $150,000 or less
what is a firm fixed price/level of effort term contract? requires the contractor to provide a specified level of effort over a stated period of time for work that can only be stated in general terms and requires the government to pay a fixed dollar amount for these services.
What are firm fixed price/level of effort term contracts appropriate for? investigation or study in a specific research and development area
Are time and materials and labor hour contracts fixed price contracts? No
What FAR Part covers cost reimbursement contracts? FAR Part 16.3
What are the types of cost reimbursement contracts? 1. cost 2. cost plus incentive fee 3. cost plus award fee
What is a cost reimbursement contract? provides for payment of allowable incurred costs, to the extent prescribed in the contract.
What are cost reimbursement contracts appropriate for? when uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract.
Where should the contracting officer document the rationale for selecting the contract type? in the written acquisition plan
Who must approve the written acquisition plan? One level above the contracting officer
What is a cost contract? a cost reimbursement contract is a contract in which the contractor receives no fee.
What is a cost contract appropriate for? research and development work, particularly with nonprofit educational institutions or other nonprofit organizations
What is a cost plus incentive fee contract? an initially negotiated fee to be adjusted later by formula based on the relationship of total allowable costs to total target costs
What is a cost plus incentive fee contract appropriate for? services or development and test programs, as well as others if use of both cost and technical performance incentives is desired and administratively practical
What is a cost plus award fee contract? provides for a fee consisting of a base amount (which may be zero) fixed at inception of the contract and an award amount, based on a judgement evaluation by the government, sufficient to provide motivation for excellence in contract performance.
When is a cost plus award fee contract appropriate? level of effort services that can only be objectively measured
What is a cost plus fixed fee contract? Payment of a negotiated fee that is fixed at the inception of the contract and that does not vary with actual costs incurred. It may be adjusted as a result of changes in the work to be performed
When is a cost plus fixed fee contract appropriate? research and development
What is the least preferred contract type? Cost plus Fixed Fee - it is costly to administer and the contractor assumes no financial risk
What FAR part covers incentive contracts? FAR Part 16.4
When are incentive contracts appropriate? When a firm fixed price contract is not appropriate and the required supplies/services can be acquired at lower costs and, in certain instances, with improved delivery or technical performance by relating the amount of profit or fee payable to performance
What are the types of incentive contracts? 1. Fixed Price Incentive 2. Fixed Price Contract with an award fee 3. Cost Plus Incentive Fee 4. Cost Plus Award Fee
What is a fixed price incentive contract? provides for the adjustment of profit and establishment of the final contract price by applying a formula based on the relationship of total final negotiated cost to total target cost.
What are the two forms of fixed price incentive contracts? 1. Firm target 2. successive targets
What is a firm target fixed price incentive contract? Firm target cost, target profit, and profit sharing formula negotiated into the basic contract with profits adjusted upon contract completion
What is a successive target fixed price incentive contract? initial cost and profit targets negotiated into contract but final cost target (firm) not negotiated until sometime during performance
When is a fixed price incentive contract appropriate? For development and production
What is a fixed price award fee contract? when the government wishes to motivate a contractor and other incentives cannot be used because contractor performance cannot be measured objectively
What is included in a fixed price award fee contract? The fixed price (including normal profit) for the effort. and Award Fee (if any earned) on top of the fixed cost
When is a fixed price award fee contract appropriate? When the administrative cost of conducting award fee evaluations is not expected to exceed the expected benefits; procedures have been established for conducting the evaluation; the board has been established; approved one level above the CO
What FAR Part covers indefinite delivery contracts? FAR Part 16.5
When is an indefinite delivery contract appropriate? When the exact times and/or quantities of future deliveries are not known at the time of contract award
What are the three types of indefinite delivery contract? 1. Definite Quantity Contract 2. Requirements contract 3. indefinite quantity contract
What is an Indefinite Delivery Definite Quantity (IDDQ) contract? delivery of a definite quantity of specific supplies or services for a fixed period, with deliveries or performance to be scheduled at designated locations upon order.
When is an Indefinite Delivery Definite Quantity (IDDQ) contract appropriate? When it can be determined in advance that a definite quantity of supplies or services will be required during the contract period and the supplies or services will be regularly available or will be available after a short lead time
What is an Indefinite Delivery Requirements (IDR) contract ? provides for acquisition of all actual purchase requirements of designated government activities for specific supplies or services during a specified period of time, with deliveries or performance to be scheduled by placing orders.
When is an Indefinite Delivery Requirements (IDR) contract appropriate? Acquiring supplies or services when the government anticipates recurring requirements but cannot predetermine the precise quantities of supplies or services that designated government activities will need during a definite period
What is an Indefinite Delivery Indefinite Quantity (IDIQ) contract? provides for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries or performance to be scheduled by placing orders.
How are quantity limits stated on an Indefinite Delivery Indefinite Quantity (IDIQ) contract? limits may be expressed in terms of numbers of units or as dollar values.
True or False: There is no minimum quantity requirement in an Indefinite Delivery Indefinite Quantity (IDIQ) contract? False: the contract shall require the government to order, and the contractor to furnish, at lease a stated minimum quantity of supplies or services
True or False: There is no maximum quantity limit in an Indefinite Delivery Indefinite Quantity (IDIQ) contract? False: The contract shall state a maximum limit.
When should a contracting officer use an Indefinite Delivery Indefinite Quantity (IDIQ) contract? Only when a recurring need is anticipated.
True or False: The Government prefers multiple awards for Indefinite Delivery Indefinite Quantity (IDIQ) contracts True
In regards to Indefinite Delivery Indefinite Quantity contracts, what is the dollar threshold above which a contracting officer must provide each awardee a fair opportunity to be considered? $3,500
In regards to Indefinite Delivery Indefinite Quantity (IDIQ) contracts, what are the exceptions by which a contracting officer does not have to provide each awardee the opportunity to be considered for award even though the dollar value exceeds $3,500? 1. Urgency of need 2. One awardee is capable 3. economy and efficiency as a follow on 4. satisfy a minimum guarantee 5. statute requires a specific source 6. Small Business Set aside
What FAR Part covers Time and Materials, Labor Hour, and Letter Contracts? FAR Part 16.6
What is a Time and Materials contract? Provides for acquiring sullies/services on the basis of direct labor hours at a specified fixed hourly rate
What must be included in the fixed hourly rate of a Time and Materials contract? 1. wages 2. overhead 3. profit 4. materials (at cost)
When is a Time and Materials contract appropriate? Engineering and Design services
What is a Labor Hour contract? A Time and Materials contract where the Materials are not provided by the contractor (often used in conjunction with other contract types)
What is a letter contract? written, preliminary contractual instruments that authorize the contractor to begin immediately.
What must be included in a letter contract? A price ceiling ("not to exceed") and milestones for definitization
When is a letter contract appropriate? only when the government's interests demand that the contractor be given a binding commitment so that work can commence immediately and it is not possible to negotiate a definitive contract in sufficient time
True or False: A letter contract allows the contractor to complete all necessary work False: A letter contract must be superseded by a definitized contract at the earliest possible date.
What FAR Part covers agreements? FAR Part 16.7
What is a basic agreement? A written instrument of understanding that contains contract clauses applying to future contracts between parties during its term & contemplates future contracts that will incorporate by reference or attachment the required clauses in the basic agreement
Is a basic agreement a contract? No, a basic agreement is not a contract
What is a basic ordering agreement? written instruments of understanding that contain terms and conditions that apply to future orders; a description of the supplies and services to be provided; and methods for pricing, issuing, & delivering future orders under the basic ordering agreement
Is a basic ordering agreement a contract? No, a basic ordering agreement is not a contract
What FAR Part covers special contracting methods? FAR Part 17
What are some special contracting methods? 1. Multi-year contracting 2. Options 3. Leader company contracting 4. interagency acquisition 5. Management and Operating contracts
What FAR Part covers Multi-year contracting? FAR Part 17.1
What is multi-year contracting? a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to five years.
Do the total funds need to be available for obligation at the time of award of a multi-year contract? No
What are the advantages of multi-year contracting? 1. lower costs 2. enhancing standardization 3. reducing administrative burden 4. continuity of production or performance 5. stabilizing contractor work forces 6. broadening the competitive base 7. incentives for improved productivity
In regards to multi-year contracting, what is avoided for the contractor which reduces overall costs to the government? 1. Annual start up costs 2. preproduction testing costs 3. make-ready expenses 4. phase out costs
What is a contract option? A unilateral right in a contract by which, for a specified time, the government may elect to purchase additional supplies or services called for in the contract, or may elect to extend the term of the contract.
What is the maximum amount of total contract time that a contract normally is allowed to run including all options. Five years
When is inclusion of options in a contract not normally in the governments interest? 1. foreseeable requirements involve minimum economic quantities 2. delivery requirements are far enough into the future to permit competitive acquisition, production, & delivery 3. indefinite quantity or requirements contract would be more appropriate
How can options for increased quantities of supplies or services be expressed in a contract? 1. a percentage of specific line items 2. an increase in specific line items 3. additional numbered line items identified as the option
How can extensions of the term of the contract be expressed? 1. an amended completion date 2. additional time for performance (e.g. days, weeks, or months)
What must occur prior to an option being exercised? 1. determine funds are available 2. Contractor is not debarred or otherwise excluded per SAM 3. a government need exists for the option 4. it is advantageous to the government 5. the option was synopsized
What FAR Part covers Leader Company Contracting? FAR Part 17.4
What is Leader Company Contracting? An extraordinary acquisition technique limited to special circumstances & used only when in accordance with agency procedures. A developer or sole producer is designated as a lead company & furnishes assistance & know how to one or more follower companies
What are the objectives of Leader Company Contracting? 1. Rdce delivry time 2. Geographic dispersion of suppliers 3. Mxmz use of scarce tooling/specialized equip 4. econ in prod 5. uniformity & reliability in equip 6. eliminate problems in use of proprietary data 7. Facilitate transition frm dev to prod
When is Leader Company Contracting to be used? 1. Leader has necessary prod know-how & able to furnish rqrd asstnce to flwrs 2. No other src can meet the gov's needs without leader company asstnce 3. Leader company asstnce is lmtd to essential to enable followers to produce 4. IAW agency procedures
True or False: Subcontractor approval by the CO is not necessary when using Leader Company Contracting. False: The government shall reserve the right to approve subcontracts between the leader company and the follower(s)
What FAR Part covers interagency acquisition? FAR Part 17.5
What are the common methods of conducting interagency acquisitions? Indefinite Delivery Contracts
Which Indefinite Delivery contract is used most frequently to support interagency acquisitions? 1. Federal Supply Schedules (FSS) 2. Government Wide Acquisition Contracts (GWACs) 3. Multi-Agency Contracts (MACs)
What are the two methods used to accomplish interagency acquisition? 1. Assisted Acquisitions 2. Direct Acquisitions
What must an agency do prior to requesting that another agency conduct an acquisition on its behalf? Make a determination that the use of an interagency acquisition represents the best procurement approach.
Who must concur with an interagency approach determination? The requesting agency's responsible contracting office.
What must an interagency determination include, at a minimum? 1. analysis of procurement approaches 2. using the acquisition services of another agency: a. satisfies schedule, performance, & delivery schedule b. cost effective c. the use of funds IAW appropriation limitations and compliance with laws & policies
Prior to the issuance of a solicitation, what must both the servicing agency and the requesting agency do? Sign a written interagency agreement that establishes the general terms and conditions governing the relationship between the parties.
What general terms and conditions must be included in a written interagency agreement? 1. roles and responsibilities for acquisition planning 2. contract execution 3. administration and management of the contract(s) or order(s)
Along with an interagency agreement, what must the requesting agency provide to the servicing agency prior to the issuance of a solicitation? Any unique terms, conditions, and applicable agency-specific statutes, regulations, directives, and other applicable requirements for incorporation into the order or contract.
What must the requesting agency do if there are no agency-unique requirements beyond the FAR? Inform the servicing agency in writing
Prior to placing an order against another agency's indefinite-delivery vehicle, what shall the requesting agency do? make a determination that the use of another agency's contract vehicle is the best approach and obtain concurrence from the requesting agency's responsible contracting office.
What must a determination that a direct acquisition from another agency's contract vehicle include at a minimum? analysis incldng: 1. suitability of the ctrct vhcle 2. value of using the ctrct vhcle, incl admin cost savings frm using existing ctrct, lower prices, grtr nmbr of vndrs, & reasonable fees 3. Expertise of the rqstng agency to place & administer orders
What FAR Part covers Management and Operating Contracts? FAR Part 17.6
What are Management and Operating Contracts? Agreements under which the government contracts for the operation, mntce, or support on its behalf of a government-owned or controlled research, dev, special production, or testing establishment wholly or principally devoted to 1 or more major programs
How is a management and operating contract characterized? By both its purpose and by the special relationship it creates between the government and contractor.
What criteria can be generally applied regarding the facility used in a management and operating contracts? 1. Government-owned or controlled facilities must be utilized; for instance a. interest of ntnl dfnse or mblzn readiness b. To perform the agency's mission adequately c. Because private enterprise is unable, or unwilling, to use its own facilities
What criteria can be applied in regards to the relationship between the government and the contractor/contractor's personnel, when utilizing a management and operating contract? Because of the nature of the work, or because it is performed in government facilities, the government must maintain a special, close relationship in various important areas (eg safety, security, cost control, etc.)
What criteria applies to the contractors other work when performing under a management and operating contract? The conduct of the work is wholly, or at least substantially, separate from the contractor's other business, if any.
What criteria regarding the agency's mission applies when utilizing a management and operating contract? The work is closely related to the agency's mission and is of a long-term or continuing nature and there is a need: 1. to ensure continuity 2. For special protection covering the orderly transition or personnel and work in the event contractor change
What does effective work performance under a management and operating contract usually involve? High levels of expertise and continuity of operations and personnel.
What extra-ordinary steps should a contracting officer take prior to awarding a management and operating contract? 1. contractor has the technical and managerial capacity 2. Organizational Conflicts of Interest are adequately covered 3. the contract will grant the government broad and continuing rights to involve itself in the technical & managerial decision making
What FAR Part covers Emergency Acquisitions? FAR Part 18
Are acquisition flexibilities exempt from the requirements and limitations stemming from FAR Part 3 (Improper Business Practices and Personal Conflicts of Interests) in an emergency situation? No
What is the definition of the flexibilities that are available under FAR Part 18 - Emergency Acquisitions? Specific techniques or procedures that may be used to streamline the standard acquisition process and include generally available flexibilities and emergency acquisition flexibilities that are available only under prescribed conditions
Is System for Award Management registration required for contractors for an emergency acquisition? No, however, only contractors registered with SAM may access the Disaster Response Registry (DRR).
What can the contracting officer utilize the Disaster Response Registry (DRR) for? Contracting officers may consult the DRR to determine the availability of contractors for debris removal, supply distribution, reconstruction, and other disaster or emergency relief activities.
True or False: The contracting officer must synopsize emergency acquisitions, however the time for publication is greatly reduced. False: Contracting Officers do not have to synopsize if there is an unusual and compelling urgency and the government would be seriously injured by complying with the notice time periods. (FAR 5.202(a)(2))
True or False: Agencies may limit sources and/or full and open competition when the requirement is urgent True
What contract vehicles can a contracting officer take advantage of when dealing with emergency acquisitions? 1. Pre-existing Federal Supply Schedules 2. Multi-Agency blanket purchase agreements 3. Multi-agency indefinite-delivery contracts (FAR Part 8.405-3(a)(6) and 16.505(a)(7))
Is Federal Prison Industries considered a required source when public exigency requires immediate performance? No
True or False: Contracting Officers must still comply with the requirement for 90-day advance notification to AbilityOne when changes to specifications of items on the Procurement List are needed to meet an emergency need False
How may agencies treat qualification requirements when an emergency exists? Agencies may relax or not enforce qualification requirements when an emergency exists (FAR 9.206-1)
True or False: In an emergency situation, Agencies may make use of the Defense Priorities and Allocations System (DPAS), as appropriate True
When under the simplified acquisition threshold, can contracting officers solicit from a single source in an emergency situation? Yes, under certain circumstances (FAR Part 13.106-1(b))
True or False: Contracting Officers may utilize both oral requests for proposals and letter contracts in an emergency situation True
Can agencies employ interagency acquisitions in an emergency situation? Yes
What streamlined small business programs are available to agencies in an emergency situation? 1. 8(a) awards 2. Sole source awards to historically underutilized business zones (HUBZone) 3. service disabled small business concerns (FAR 19.8, 19.1306, 19.1406, and 19.15)
True or False: In an emergency situation, contracts may be awarded to economically disadvantaged women owned small businesses or women owned small businesses under the WOSB program only on a competitive basis False, awards may be made on either a competitive basis or sole source
True or False: Overtime must be approved in advance in an emergency situation False, contracting officers may retroactively approve overtime
True or False: All requirements related to trade agreements are waived when emergency contracts are awarded without full and open competition False, only certain requirements related to trade agreements are waived in an emergency situation (FAR 25.401(a)(5))
True or False: In regards to emergency acquisitions, the requirement to obtain prior authorization for use of patented technology (applies to North American Free Trade Act countries) may be waived. True
Who may waive the requirement for obtaining bid guarantees when performance and/or payment bonds are required for an emergency acquisition? The chief of the contracting office. (FAR 28.101-1(c))
May advanced payments be authorized in regards to emergency acquisitions? Yes
What authority may Agencies use to authorize advance payments under emergency acquisitions? Public Law 85-804
True or False: All aspect of the assignment of claims policy may be relaxed during emergency acquisitions False: only certain aspects of the assignment of claims policy may be relaxed. (FAR 32.803(d))
True or False: During an emergency acquisition, the requirement to use electronic funds transfer must still be adhered to. False
Who has the authority to override the protest procedures of the Government Accountability Office? In the presence of urgent and compelling circumstances, the head of the contracting activity may override the protest procedures of the Government Accountability Office
True or False: Under certain programs approved by FEMA, the use of government property by contractors free of rent may be approved in certain circumstances True
Under Public Law 85-804, what are some extraordinary contractual actions that are authorized to facilitate national defense in an emergency acquisition 1. modification of contracts without consideration 2. correcting or mitigating mistakes in a contract 3. formalizing informal commitments (FAR 50.1)
What FAR Part covers emergency acquisition flexibilities in support of a contingency operation? FAR Part 18.2
What is the definition of a contingency operation (FAR 2.101)? a military operation that 1. is desig by Sec Def in which members of the armed forces are, or may become, involved in military actions against an enemy of the US 2. Results in retention of active duty members during a ntnl emerg dclrd by POTUS or cngrs
When an agency head determines that supplies or services are being procured in support of a contingency operation, up to what dollar level may micro-purchase procedures be used? 1. $20K for contracts awarded and performed, or purchase made, in the US 2. $30K for contracts awarded and performed, or purchase made, outside the US
When an agency head determines that supplies or services are being procured in support of a contingency operation, up to what dollar level may simplified acquisition procedures be used? 1. $750K for contracts awarded and performed, or purchase made, in the US 2. $1.5M for contracts awarded and performed, or purchase made, outside the US
The threshold limits authorized for use of simplified acquisition procedures for certain commercial items may be increased for acquisition to support a contingency operation greater than the simplified acquisition threshold but not exceeding what? $7M ($13M for acquisitions as described in 13.500(c)), including options
In support of contingency operations, what standard form may be used for purchases above the micro-purchase threshold? The SF-44 (purchase order-invoice-voucher)
Which FAR Part covers Determinations and Findings? FAR Part 1.701
What is the definition of a Determination and Finding (D&F)? Far Part 1.701 - A D&F is a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions.
What is a determination? A determination is a conclusion or decision supported by the findings.
What is a finding? A finding is a statement of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation
What is a D&F ordinarily for? An individual contract action
True or false: D&Fs may not be executed for classes of contract actions False, unless otherwise prohibited, class D&F’s maybe executed for classes of contract actions.
What does a class, in regards to a class D&F, consist of? FAR 1.207(a) FAR 1.703(a) - A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification
Per FAR Part 1.704, what must a D&F consist of at a minimum? 1. Identity of agency & contracting activity 2. Specific identification is a D&F 3. Nature/description of action being approved 4. Cite statute/regulation D&F basis 5. Detailed findings/facts 6. Determination 7. Expire date 8. Signature & date
Are expiration dates required for all D&Fs? No, expiration dates are required for class D&F’s but optional for individual D&Fs
Which FAR part covers definitions of words and terms? FAR Part 2
Define acquisition Acquiring by contract with appropriated funds, supplies, or services (including construction) by and for the use of the federal government through purchase or lease.
When does an acquisition begin? Acquisition begins at the point when agency needs are established and includes all activities to include technical and management functions directly related to the process of fulfilling agency needs by contract.
Advisory and Assistance Services Those services provided under contract by nongovernmental sources to support or improve organizational policy development, decision making, management and administration, program and/or project management and administration, or R&D activities.
What are the subdivisions that all advisory and assistance services are classified in? 1. Management and Professional support services 2. Studies 3. Analyses 4. Evaluations 5. Engineering and technical services
Best Value The expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to the requirement
Bundled Contract A contract where the requirements have been consolidated by bundling.
What is bundling? Bundling is the act of consolidating two or more requirements, previously performed under separate smaller contracts, into one solicitation/contract that is likely unsuitable for award to a small business concern due to one of four factors.
What are the four factors that a contract is likely to be unsuitable for award to a small business concern? 1. The diversity, size, or specialized nature of the elements of the performance specified 2. The aggregate dollar value of the anticipated award 3. The geographical dispersion of the contract performance sites 4. Any combination of these factors
Does bundling apply to a contract that will be performed entirely outside of the United States? No
What is a claim? A written demand, or written assertion, by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.
What is the dollar limit above which a claim must be certified as required by the Contracts Disputes Act of 1978? $100,000
Is a voucher, invoice, or other routine request for payment considered a claim? No, However, it may be converted by written notice to the Contracting Officer if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (Far Part 33.206(a))
What is definition (a) of commercial item? Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that has been sold, leased, or licensed to the general Public; or has been offered for sale, lease, or license to the general public.
What is definition (b) commercial item? Any item that evolved from a commercial item through which advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements.
What is definition (c) of commercial item? Any item that would satisfy paragraph (a) or (b) but for 1. Modifications of a type customarily available in the commercial marketplace; or 2. Minor modifications of a type not customarily available in the commercial marketplace for the Fed Government
What is definition (d) of commercial item? Any combination of items meeting the requirements of paragraphs (a), (b), (c), or (e) of this definition that are are of a type customarily combined and sold in combination to the general public
What is the micro-purchase threshold? $3,500; except for the Davis-Bacon act, the Service Wage Act, and some contingency issues
What is the micro-purchase threshold under the Davis-Bacon Act (Construction Wage Rates Requirements Statute)? $2,000
What is the micro-purchase threshold under the Service Contract Act (Service Contract Labor Standards Statute)? $2,500
For Acquisitions of supplies or services that, as determined by the H of A, are to be used to support a contingency operation or to facilitate defense against, or recovery from, nuclear, biological, chemical, or radiological attack, the micro-purchase t? 1. $20,000 inside the US 2. $30,000 outside the US
Created by: thabart
Popular Business sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards