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CFCM Review Class > 53 Part Memorization > Flashcards

53 Part Memorization Flashcards

1
Q

What is the FAR?

A

2,000-page section of U.S. Code of Federal Regulations that lays out all
federal rules and regulations related to contracting

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2
Q

purpose of the Federal Acquisition Regulation System?

A

to codify and publish
policies and procedures that are uniform and that can be used by all federal agencies for
acquiring supplies and services.

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3
Q

applying the FAR to the acquisition of goods and services is how government funds are?

A

used effectively to reduce waste and get the best value for federal dollars spent. It also
helps protect federal tax dollars from unethical people and businesses. Think of federal
contracting like driving a vehicle and the FAR as a set of traffic laws. The FAR, like traffic
laws, helps us get where we are going, on time, in the safest and best way possible.

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4
Q

How is the FAR issued?

A

as Chapter 1 of Title 48 of the Code of Federal Regulations and is
published in two volumes. Volume 1 contains Subchapters A through G, and Volume 2
contains Subchapter H. Each of the eight subchapters deals with a different element of
the acquisition process:

Subchapter A: General (Parts 1–4)
Subchapter B: Acquisition Planning (Parts 5–12)
Subchapter C: Contracting Methods and Types (Parts 13–18)
Subchapter D: Socioeconomic Programs (Parts 19–26)
Subchapter E: General Contracting Requirements (Parts 27–33)
Subchapter F: Special Categories of Contracting (Parts 34–41)
Subchapter G: Contract Management (Parts 42–51)
Subchapter H: Clauses and Forms (Parts 52–53)

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5
Q

Subchapter A

A

General (Parts 1-4)

Subchapter A of the FAR consists primarily of information about the FAR System itself. It
comprises four FAR parts:

Part 1. Federal Acquisition Regulations System
Part 2. Definitions of Words and Terms
Part 3. Improper Business Practices and Personal Conflicts of Interest
Part 4. Administrative Matters

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6
Q

Part 1

A

Federal Acquisition Regulations System:

Sets forth the basic policy about
the FAR System and contains general information about its purpose and authority,
the arrangement and numbering of its contents, and the process by which the FAR is
maintained.

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7
Q

Part 2

A

Definitions of Words and Terms:

Defines the words and terms that are most
frequently used in the rest of the regulation. Definitions in part 2 are incorporated by
reference in solicitations and contracts. It’s important to note that even if a word or term
is defined here in part 2, if an alternate definition for the same word or term is provided
elsewhere in the FAR, the alternate definition applies in the FAR part, subpart, or section
in which it is defined. Part 2 provides cross-references to these alternate definitions.

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8
Q

Part 3

A

Improper Business Practices and Personal Conflicts of Interest:

Provides
policies and procedures to be used when dealing with the occurrence of improper
business practices and personal conflicts of interest and demonstrates methods for
avoiding them.

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9
Q

Part 4

A

Administrative Matters:

Refers to the organization and application of rules and
policies related to contract execution, contract distribution, contract reporting, and the
handling of the government’s contract files and of documents submitted by contractors

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10
Q

Subchapter B

A

Acquisition Planning (Parts 5–12)

SUBCHAPTER B: AT A GLANCE
The work of everyone responsible for an acquisition is coordinated and integrated through a process called acquisition planning, which results in an acquisition plan—a comprehensive plan for fulfilling an agency’s needs in a timely manner and at a reasonable cost. The eight parts of Subchapter B describe this process, including procedures for developing the overall strategy the acquisition team will use to manage the acquisition.

Part 5: Publicizing Contract Actions
Part 6: Competition Requirements
Part 7: Acquisition Planning
Part 8: Required Sources of Supplies and Services
Part 9: Contractor Qualifications
Part 10: Market Research
Part 11: Describing Agency Needs
Part 12: Acquisition of Commercial Items

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11
Q

Part 5

A

Publicizing Contract Actions:

In most circumstances, agencies are required to make information available to the public about opportunities for contractors to obtain federal contracts, and about contracts that the government has awarded or plans to award. This increases the amount of competition between contractors and broadens industry participation in meeting government needs. FAR part 5 contains policies for publicizing that information and describes some methods of disseminating

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12
Q

Part 6

A

Competition Requirements:

A crucial requirement for nearly all federal contracting is that all responsible sources be permitted to compete for contract award; this is referred to as full and open competition. FAR part 6 prescribes the policies and procedures for ensuring that competition for contracts, to the maximum extent practicable, is full and open.
It also describes the circumstances where full and open competition is not required and contains special policies for contracting under those conditions.

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13
Q

Part 7

A

Acquisition Planning:

The FAR outlines the policies for developing an acquisition plan. Referring to this part helps the contracting officer make certain economic decisions about planned acquisitions, such as whether to lease equipment or purchase it, or whether to use commercial or government resources when acquiring supplies or services. Part 7 also discusses inherently governmental functions, which are services that only government agencies, not contractors, can perform.

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14
Q

Part 8

A

Required Sources of Supplies and Services:

Certain sources of supplies and services are considered mandatory for use by the government in some acquisitions. Agencies are usually required to use their existing supply inventory before acquiring additional supplies, or to acquire excess supply from other agencies. Other mandatory sources include UNICOR (providing products made and services performed by federal prisoners) and AbilityOne (nonprofit agencies employing persons who are blind or have significant disabilities). FAR part 8 lists the mandatory sources of supply and establishes the priority for using them.

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15
Q

Part 9

A

Contractor Qualifications:

This part contains the policies, procedures, and standards that the government uses to determine whether a prospective contractor is eligible to be awarded a contract.
Because every acquisition is different, it is vital for a contracting officer to understand these rules and to apply them properly and fairly. A prospective contractor that is eligible to provide supplies or services to the government under a federal contract is called a responsible source, and no purchase may be made without a determination of responsibility by the contracting officer. Part 9 also describes actions that may be taken against a contractor in response to contractor misconduct: debarment, suspension, and exclusion, any of which can cause a contractor to be found nonresponsible.

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16
Q

Part 10

A

Market Research:

This part describes how agencies can collect and analyze information aboutcapabilities within the market to satisty their needs.
These tasks are collectively called market research, and agencies shall use market research to arrive at the most suitable approach (in terms of cost, quality, and timeliness) to acquiring supplies and services.

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17
Q

Part 11

A

Describing Agency Needs:

This part provides the government with guidelines for clearly stating its requirements for the supplies and services to be acquired. Agencies can do this by selecting, developing, using, and maintaining requirements documents for all acquisitions. The requirements document for an acquisition will contain the functions, performance, or essential characteristics of the item or service the government needs, and will specify acceptable materials, quantities needed, and schedules for delivery.

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18
Q

Part 12

A

Acquisition of Commercial Items:

The government has a preference for acquiring supplies and services through commercial sources. FAR part 12 establishes special policies for acquiring them, in a way that is more similar to the usual purchase ofitems in the commercial marketplace. Some regulations (like contract acceptance, contract termination, and warranty provisions) are unique to commercial item acquisitions, and some (like terms and conditions for invoicing and payment) must be changed, or tailored, to meet the requirements of acquiring a commercial item. It is important to note that the term commercial item does not always refer to a physical product— commercial services or combinations of items can also be acquired as commercial items.

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19
Q

Subchapter C:

A

Contracting Methods and Types (Parts 13–18)

Subchapter C contains six FAR parts, and they all deal with choices that the government needs to make before forming a contact: the types of contract to be used, the method of contracting to be employed, and the flexibilities that may be available under the circumstances.

Part 13: Simplified Acquisition Procedures
Part 14: Sealed Bidding
Part 15: Contracting by Negotiation
Part 16: Types of Contracts
Part 17: Special Contracting Methods
Part 18: Emergency Acquisitions

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20
Q

Part 13

A

Simplified Acquisition Procedures:

The government can reduce its administrative costs, promote efficiency and economy in contracting, and avoid burdening agencies and contractors by employing simplified acquisition. FAR part 13 contains the policies and procedures for its use and identifies acquisitions for which it is appropriate. Unless a mandatory source is required by part 8, or the requirement can be met under an existing or established contract, simplified acquisition procedures shall be used to the maximum practicable extent for all acquisitions under the simplified acquisition threshold.

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21
Q

Part 14

A

Part 14: Sealed Bidding:

Outlines the use of sealed bidding, a contracting method in which the agency receives bids from prospective contractors, the amounts of which are unknown to the competitors, and publicly opens and evaluates them after a set period of time, awarding the contract to the responsible bidder offering the best value to the government.

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22
Q

Part 15

A

Contracting by Negotiation:

Contains policies and procedures for contracting by negotiation.
Negotiated acquisitions are all acquisitions not using the sealed-bid process, whether they are sole source or competitive. Part 15 includes techniques for the selection of sources, soliciting and receiving proposals, contract pricing and price negotiation, and award to the prospective contractor offering the best value to the government.

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23
Q

Part 16

A

Types of Contracts:

Describes different types of contracts available for use: fixed-price, cost-reimbursement, incentive, indefinite-delivery, time-and-materials, labor-hour, and Letter contracts; and basic agreements, as well as various subtypes of each of these. Selecting contract type is one of the contracting officer’s most important responsibilities; each type of contract involves a different degree of risk to the buyer and to the seller, as well as a different opportunity for profit.

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24
Q

Part 17

A

Special Contracting Methods:

In some cases, the government may acquire supplies or services without a need for public solicitation, such as by exercising an option in an existing contract, or by acquiring them from another government agency. FAR part 17 describes these and other special contracting methods.

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25
Q

Part 18

A

Emergency Acquisitions:

Certain flexibilities are available to federal agencies that allow them to make needed acquisitions quickly during an emergency. Most of these flexibilities are specified elsewhere in the FAR, and part 18 provides them in summary form with cross-references to the FAR subparts that prescribe them. Flexibilities may be used in the event of a declaration of national emergency by the president, or in support of military operation or defense against or recovery from cyber, nuclear, biological, chemical or radiological attack.

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26
Q

Subchapter D

A

Socioeconomic Programs (Parts 19–26)

Subchapter D deals with socioeconomic programs.
These are programs which promote the welfare of the United States through support for small businesses, positive relationships with labor, protection of natural resources, and respect for citizens’ legal rights. There are six FAR parts in this subchapter, as well as two-part numbers reserved for future use.

Part 19: Small Business Programs
Parts 20-21: Reserved
Part 22: Application of Labor Laws to Government Acquisitions
Part 23: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free
Part 24: Protection of Privacy and Freedom of Information
Part 25: Foreign Acquisition
Part 26: Other Socioeconomic Programs

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27
Q

Part 19

A

Small Business Programs:

Implements certain provisions of the Small Business Act aimed at encouraging the participation of small businesses in federal contract performance. Part 19 makes provisions for exclusively setting aside certain solicitations for award to qualified small businesses in established categories: 8(a) business development participants, small businesses in historically underused business zone (HUB Zone) areas, service-disabled veteran-owned small businesses, and women-owned small businesses.

28
Q

Part 20-21

A

Reserved:

These two numbers are reserved for future

29
Q

Part 22

A

Application of Labor Laws to Government Acquisitions:

Prescribes general policies regarding contractor-labor relations. It includes instructions for applying laws governing wage rates for laborers (including overtime), safety standards, labor disputes and work stoppages, and nondiscrimination policies (including equal opportunity employment and affirmative action).

30
Q

Part 23

A

Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace:

Encourages agencies to choose acquisition procedures that promote protection of the environment and the use of renewable resources. Whenever possible, agencies are expected to make acquisition decisions that prevent or reduce pollution, and to maintain policies for economical use of water and energy. Part 23 also prescribes policies for agencies to protect the safety of contractor employees by discouraging drug abuse and unsafe driving.

31
Q

Part 24

A

Protection of Privacy and Freedom of Information:

The Privacy Act of 1974 and the Freedom of Information Act are federal laws directing how the government can collect, maintain, use, and disclose certain information. The acquisition-related provisions of these laws are implemented by FAR part 24; they protect the confidentiality of personal information in government records, while also ensuring that relevant government information is made available to the public.

32
Q

Part 25

A

Foreign Acquisition:

Provides policies and procedures for administration of contracts performed outside the United States, and for acquisitions of supplies, services, and construction materials from foreign sources. It implements the Buy American statute, trade agreements, and other laws and regulations.

33
Q

Part 26

A

Other Socioeconomic Programs:

Federal and agency-level socioeconomic programs not implemented or supplemented elsewhere in Subchapter D are covered by FAR part 26. These programs include the Indian Incentive Program, the Stafford Disaster Relief and Emergency Assistance Act, promotion of participation by Historically Black Colleges and Universities and Minority Institutions in federal procurement, and food donations to nonprofit organizations.

34
Q

Subchapter E

A

General Contracting Requirements (Parts 27–33)

Subchapter E contains post-award requirements, such as policies for incorporating cost and payment provisions in contracts, including payment of taxes and payment protections like insurance. It also covers the rights of the government and the contractor in the event of a contract dispute.

Part 27. Patents, Data, and Copyrights
Part 28. Bonds and Insurance
Part 29. Taxes
Part 30. Cost Accounting Standards Administration
Part 31. Contract Cost Principles and Procedures
Part 32. Contract Financing
Part 33. Protests, Disputes, and Appeals

35
Q

Part 27

A

Patents, Data, and Copyrights:

Prescribes the procedures used when a contract involves a new invention or a new work of authorship. It implements United States patent law and copyright law.

36
Q

Part 28

A

Bonds and Insurance:

Prescribes requirements for obtaining financial protection against losses under contracts that result from the use of the sealed bid or negotiated methods. It covers bid guarantees (written assurances that a bidder will not withdraw a bid), bonds (written agreements between two parties to guarantee payment to a third party) and security for bonds, alternative payment protections (like escrow and collateral), and insurance.

37
Q

Part 29

A

Taxes:

The federal government usually does not have to pay taxes on purchases it makes. However, some contracts do require federal, state, or local taxes, and FAR part 29 prescribes policies and procedures for using tax clauses in contracts, as well as asserting tax exemption or obtaining tax refunds. The FAR is not the authoritative document on U.S. tax law, so tax problems with any particular contract cannot always be resolved by referencing the FAR.

38
Q

Part 30

A

Cost Accounting Standards Administration:

The Cost Accounting Standards (CAS) is a set of standards and rules distributed by the government for determining costs on negotiated procurements. FAR part 30 describes the procedures for applying these rules to contracts and subcontracts.

39
Q

Part 31

A

Contract Cost Principles and Procedures:

Contains cost principles and procedures for pricing contracts (as well as subcontracts and contract modifications) whenever cost analysis is performed.
It also prescribes guidelines for negotiating and determining allowable and unallowable costs.

40
Q

Part 32

A

Contract Financing:

Lists and describes the methods that are available to the government for paying its contractors and outlines the rights of a
contractor to whom the government owes money.
It contains separate procedures for commercial and noncommercial purchases.

41
Q

Part 33

A

Protests, Disputes, and Appeals:

A protest is a written objection to either a solicitation or the cancellation of a solicitation, or an award or the cancellation or termination of an award. A dispute is any other controversy arising between the parties to a contract. FAR part 33 describes the procedures to be used when a solicitation or award is protested, or when a contractor and the government are in dispute.

42
Q

Subchapter F

A

Special Categories of Contracting (Parts 34–41)

“Special categories of contracting” involve acquisitions that have special characteristics requiring additional contract clauses.

Part 34. Major System Acquisition
Part 35. Research and Development Contracting
Part 36. Construction and Architect-Engineer Contracts
Part 37. Service Contracting
Part 38. Federal Supply Schedule Contracting
Part 39. Acquisition of Information Technology
Part 40. Reserved
Part 41. Acquisition of Utility Services

43
Q

Part 34

A

Major System Acquisition:

Programs that are critical to fulfilling an agency mission need, and which require large amounts of agency resources and special management attention, are described as major systems.
FAR part 34 describes policies and procedures for acquiring these systems, which may include hardware, software, equipment, or a combination. This part also contains instructions for implementing the Earned Value Management System (EVMS), a set of standards for evaluating contractor performance compared to cost.

44
Q

Part 35

A

Research and Development Contracting:

Contains policies and procedures that apply specifically to contracts for research and development (R&D). The government uses contracted R&D programs to advance scientific and technical knowledge and apply that knowledge to achieving agency goals.

45
Q

Part 36

A

Construction and Architect-Engineer Contracts:

Prescribes policies and procedures unique to contracting for construction and architect-engineer services. It includes requirements for using certain clauses and standard forms that apply also to contracts for dismantling, demolition, or removal of improvements.

46
Q

Part 37

A

Service Contracting:

Service contracts are contracts that directly engage a contractor to perform an identifiable task. Because these contracts involve payment for a contractor’s time and effort, rather than an end item of supply, specific policies need to be used for these acquisitions. FAR part 37 contains the special policies for acquiring services such as maintenance, repairs, communications, and transportation.

47
Q

Part 38

A

Federal Supply Schedule Contracting:

Prescribes policies and procedures for contracting for supplies and services under the Federal Supply Schedule (FSS) program (also called the GSA Schedules Program or the Multiple Award Schedule Program), a GSA program which provides federal agencies with a simplified process for obtaining commercial supplies and services at prices associated with volume buying.

48
Q

Part 39

A

Acquisition of Information Technology:

Information technology (IT) is hardware and software used to accomplish a federal function, whether it is operated by a federal agency, or by a contractor or other organization on the government’s behalf. It may include computers, telecommunications equipment, computer software, or software services. FAR part 39 prescribes acquisition policies and procedures for acquiring IT.

49
Q

Part 40

A

Reserved:

Reserved for future use.

50
Q

Part 41

A

Acquisition of Utility Services:

Prescribes policies, procedures, and contract format for the acquisition of utility services, such as services to furnish electricity, natural gas, hot and cold water, or sewerage.

51
Q

Subchapter G

A

Contract Management (Parts 42–51)

Subchapter G of the FAR contains the 10 parts regarding the administration and oversight of government contracts.

Part 42. Contract Administration and Audit Services
Part 43. Contract Modifications
Part 44. Subcontracting Policies and Procedures
Part 45. Government Property
Part 46. Quality Assurance
Part 47. Transportation
Part 48. Value Engineering
Part 49. Termination of Contracts
Part 50. Extraordinary Contractual Actions and the
SAFETY Act
Part 51. Use of Government Sources by Contractors

52
Q

Part 42

A

Contract Administration and Audit Services:

Prescribes policies and procedures for assigning and performing contract administration and contract audit services.

53
Q

Part 43

A

Contract Modifications:

Prescribes policies and procedures for preparing and processing contract modifications for all types of contracts including construction and architect-engineer contracts. Only contracting officers in the scope of their authority may execute contract modifications on behalf of the government. Part 43 describes the available modifications and gives instructions for the issuance of change orders.

54
Q

Part 44

A

Subcontracting Policies and Procedures:

Subcontracts are contracts entered into by subcontractors to furnish supplies or services for performance of a prime contract or a subcontract. Part 44 gives information on when and how subcontracting may be approved.

55
Q

Part 45

A

Government Property:

Prescribes policies and procedures for providing government property to contractors, contractors’ management and use of government property; and reporting, redistributingand disposing of contractor inventory. Government Property includes all property owned by or leased to the government and includes both Government-Furnished Property and Contractor-Acquired Property.
Government Property can be material, equipment, special tooling, special test equipment, and real property.

56
Q

Part 46

A

Quality Assurance:

Agencies are responsible for ensuring that supplies or services tendered by contractors meet contract requirements; they can do this by performing inspections on delivered supplies, and by conducting surveillance of services performed.
Part 46 contains policies for these procedures.

57
Q

Part 47

A

Transportation:

Prescribes policies and procedures for applying transportation and traffic management considerations in the acquisition of supplies, and for acquiring transportation or transportation-related services by contract.

58
Q

Part 48

A

Value Engineering:

Value engineering is the formal technique by which contractors may voluntarily suggest methods for performing more economically and share in any resulting savings or be required to establish a program to identify and submit to the government methods for performing more economically. Value engineering attempts to eliminate, without impairing essential functions or characteristics, anything that increases acquisition, operation, or support costs.

59
Q

Part 49

A

Termination of Contracts:

Establishes policies and procedures relating to the complete or partial termination of contracts for the convenience of the government or for default. It prescribes contract clauses relating to termination and excusable delay and includes instructions for using termination and settlement forms.

60
Q

Part 50

A

Extraordinary Contractual Actions and the
SAFETY Act:

Contains policies and procedures for entering into, amending, or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority provided by Public Law 85-804 and Executive Order 10789. Part 50 implements indemnification authority granted by Pub.L. 85-804 and Executive Order 10789 with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified antiterrorism technology as defined in the Support Antiterrorism by Fostering Effective Technologies (SAFETY) Act of 2002.

61
Q

Part 51

A

Use of Government Sources by Contractors:

Prescribes policies and procedures for contractor and subcontractor use of the Federal Standard Requisitioning and Issue Procedures (FEDSTRIP) and Military Standard Requisitioning and Issue Procedures (MILSTRIP) and other procedures for ordering supplies and services from government agencies, like GSA and DOD.

62
Q

Subchapter H

A

Clauses and Forms (Parts 52–53)

FAR Part 52: Solicitation Provisions and Contract Clauses
FAR Part 53. Forms

63
Q

Part 52

A

Solicitation Provisions and Contract Clauses:

Provides the clauses to be included in contracts and the prescriptions determining when they apply and when they should be included.

64
Q

Part 53

A

Forms:

Contains all the standard forms applicable to federal acquisitions.

65
Q

What is the FAR?

A

2,000-page section of U.S. Code of Federal Regulations that lays out all
federal rules and regulations related to contracting

66
Q
A

CFCM Review Class (82 decks)

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