ACC CORB Questions Flashcards
Why is inspection and acceptance important to the Government? FAR 8.406-2 https://www.acquisition.gov/far/part-8#FAR_8_406_2__d481e10
At base, the government’s ability to inspect allows it to identify nonconformities in goods or services and demand correct- time action to bring those goods or services up to the level specified by the government.
Explain the difference between an offeror’s experience and an offeror’s past performance.
Should indicate that experience reflects WHAT an offeror has done (similar to a resume) and past performance reflects HOW WELL the offeror performed the work (similar to a performance appraisal).
A legally binding contract must contain what elements?
Must involve two or more parties that have the capacity to contract.
Must show agreement, including offer, acceptance, and mutual assent.
Must show something of value changing hands between the parties to a contract, or other inducement that leads a person to make a promise.
Must be for a legal purpose.
Must be in the correct form.
Explain the “Bona Fide Needs” rule. https://www.law.cornell.edu/uscode/text/31/1502
The bona fide needs rule is a rule of appropriations law. It mandates that a fiscal year’s appropriations only be obligated to meet a legitimate—or bona fide—need arising in (or sometimes before) the fiscal year for which the appropriation was made
What is the order of precedence for a solicitation or contract in accordance with FAR 52.215-8? For example, the specifications require a different item than is stated in the Schedule (Section B). What does the contractor use?
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: FAR 15.204
(a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications.
Once all receivables have been delivered/completed and verified by the customer/COR, the ACO or KO reviews the contract files for remaining closeout actions. Why is contract closeout so important? What actions need to be taken in closeout? https://www.acquisition.gov/far/part-4#FAR_4_804
Extremely important because excess funds may need to be de-obligated; in addition, many types of contracts require the withholding of final payments, which can amount to large sums of money for the Contractor (cash flow issue).
On a full and open competitive negotiated acquisition, you have received five proposals and determined that discussions are needed, what is the process of determining which offerors are in the competitive range for these discussions?
If the Contracting Officer decides that an offeror’ proposal should no longer be included in the competitive range, the proposal will be eliminated from further consideration for award. The Contracting Officer must provide written notice of this decision to unsuccessful offerors in accordance with FAR Part 15.503(a). The notice to each offeror must state (1) the basis for excluding/eliminating it offer, (2) the basis for the determination, and (3) that a revision of its proposal will not be considered.
The Contracting Officer must prepare a written competitive range determination based on all evaluation factors, including a complete rationale for decisions to include or exclude specific proposals from the competitive range. This document is the Competitive Range Determination memorandum.
Did the solicitation state the government could reserve the discussions?
KO should hold discussions for action over 100 million.
If you have a competitive requirement, how will you determine the Best Value Approach to use in regard to choosing LPTA or Tradeoff? Also, give at least one example when each is appropriate.
LPTA would be used for simpler supply buys, where price is the most important factor. Lowes price, no tradeoff. Tradeoff would usually be used in more complicated requirements when other factors outweigh cost. Certain qualities are more important to the customer than others.
How would you mentor a new Contract Specialist (recent intern graduate) that has been assigned to your team? What tools would you provide to your specialist in accomplishing their duties? What tools do you use in accomplishing your duties?
Conduct an initial counseling that covers duties and expectations. Set goals and priorities. Review and approve their individual Development Plan (IDP), Assign a coach and mentor. I would mentor a new CS assigned to my team by helping them through a common SAT perchase, explaining the steps and procedures involved. I would show them local SOP, Policy Letters, PCF, SAM, FAR site, and WAWF.
What is an unauthorized commitment? What steps do you take in evaluating, processing and approving and unauthorized commitment?
An unauthorized commitment is means an agreement that is not binding solely because and Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. The act of approving an unauthorized commitment is called a ratification. Unauthorized commitments may be ratified only when the conditions of FAR 1.602-3(c) are met. a) Use of appropriated funds, b) Provided to or accepted by the Government - received a benefit, c) Ratification official has the authority to ratify, d) Resulting contract must otherwise be proper, e) Price must be fair & reasonable, f) Funds are available and were available at the time the action occurred, g) The CO recommends payments, h) It is IAW other requirements and limitations
What do you envision is the role of your CORs? When are you required to appoint one? What authorities are you allowed to delegate to your COR? What authorities are not delegable to the COR?
The KO usually delegates surveillance and status reporting under FAR PART 42. The COR is the eyes and ears of the Contracting Officer. Shall decertified and maintain certification. CORs are not authorized to make commitments. CORs must be a government employees. CORs duties are to promptly inspect services, ID if they meet or do not meet AQL, SAT or UNSAT completion, and complete performance evaluation. The COR accepts and inspects goods and services. At the DoD level, the guidance for when a COR is required to be designated is not tied to a dollar threshold. It requires a more subjective analysis surrounding the risk of contract performance and oversight the government wishes to have. That said, there is guidance for use in making this decision. Unless you have local or agency level policy we are unaware of, the guidance you need can be found at DFARS PGI 201.602-2(iv)(A), which states:
“Contracting officers shall designate a COR for all service contracts, including both firm fixed price and other than firm fixed price contracts, awarded by a DoD component or by any other Federal agency on behalf of DoD. The surveillance activities performed by CORs should be tailored to the dollar value/complexity of the specific contract for which they are designated. Contracting officers may exempt service contracts from this requirement when (each of) the following three conditions are met:
(1) The contract will be awarded using simplified acquisition procedures;
(2) The requirement is not complex; and
(3) The contracting officer documents the file, in writing, why the appointment of a COR is unnecessary.
For cost reimbursement contracts that are not service contracts, contracting officers shall either retain or delegate surveillance activities to a COR or DCMA.”
If there is no COR assigned; then ultimately the contracting officer is responsible for monitoring contractor performance. This makes sense considering that when a COR is appointed it is some of the contracting officer’s authority/responsibility they are being delegated.
What is
Your contractor presents you with a request for equitable adjustment (claim). Describe your process/steps that you will take in evaluating, processing and approving a claim?
First you should notify your attorney that you have received an Request for Equitable Adjustment (REA). Then, you will need to determine whether the contractor’s request has any merit. If you determine that the request has merit, you may attempt to negotiate a settlement with the contractor, involving your attorney as you deem necessary. If negotiating with the contractor is difficult, and the involvement of your program counsel has not helped, you may refer the case to legal for formal Alternative Dispute Resolution (ADR). Formal ADR can be accomplished either before or after the issuance of a final decision. If you determine that the REA is without merit, you may still attempt to discuss the issues with the contractor prior to issuing the PCO’s final decision. Once a stalemate has occurred and the claim can’t be resolved at the PCO level, a final decision is issued, and an appeal is processed.
Your customer has submitted a requirement and states that only one source can meet their requirements. Describe your process/steps that you will take in evaluating, processing and approving or rejecting a sole source acquisition? Discuss any differences in the process based on different threshold levels.
Market research to confirm market conditions. Document it with a J&A with facts that support sole source. $650 or less KO, $650-12.5MIL competition advocate, 12.5 MIL - $85MIL is the PARC. 6.303-1 –Requirements.
(a) A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer –and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.
(e) The justifications for contracts awarded under the authority cited in 6.302-2 may be prepared and approved within a reasonable time after contract award when preparation and approval prior toward would unreasonably delay the acquisitions.
(1) Justifies, if required in 6.302, the use of such actions in writing;
(2) Certifies the accuracy and completeness of the justification; and
(3) Obtains the approval required by 6.304.
(b) The contracting officer shall not award a sole-source contract under the 8(a) authority (15 U.S.C.637(a)) for an amount exceeding $22 million unless–
(1) The contracting officer justifies the use of a sole-source contract in writing in accordance with 6.303-2;
(2) The justification is approved by the appropriate official designated at 6.304; and(3) The justification and related information are made public afterward in accordance with 6.305.
(c) Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition.
(d) Justifications required by paragraph (a) above may be made on an individual or class basis. Any justification for contracts awarded under the authority of 6.302-7 shall only be made on an individual basis. Whenever a justification is made
How do you determine the most appropriate contract type? Give examples of when you would use the different types.
A wide selection of contract types is available to the Government and contractors to provide needed flexibility in acquiring the large variety and volume of supplies and services required by agencies. Contract types vary according to: (1) The degree and timing of the responsibility assumed by the contractor for the costs of performance, and (2) The amount and nature of the profit incentive offered to the contractor for achieving or exceeding specified standards or goals. (b) The contract types are grouped into two broad categories, fixed-price contracts, cost-reimbursement contracts. The specific contract types range from firm-fixed-price, in which the contractor has full responsibility for the performance costs and resulting profit (or loss), to cost-plus-fixed-fee, in which the contractor has minimal responsibility for the performance costs and the negotiated fee (profit) is fixed. In between are the various incentive contracts in which the contractor’s responsibility for the performance costs and the profit or fee incentives offered are tailored to the uncertainties involved in contract performance. There are many factors that the contracting officer should consider in selecting and negotiating the contract type. They include the following: (a) Price competition. Normally, effective price competition results in realistic pricing, and fixed-price contract is ordinarily in the Government’s interest. (b) Price analysis. Price analysis, with or without competition, may provide a basis for selecting the contract type. The degrees to which price analysis can provide a realistic pricing standard should be carefully considered. See FAR 15.404-1(b) (c) Cost analysis. In the absence of effective price competition and if price analysis is not sufficient, the cost estimates of the offeror and the Government provide the basis for negotiating contract pricing arrangements. It is essential that the uncertainties involved in performance and their possible impact upon costs be identified and evaluated, so that a contract type that places a reasonable degree of cost responsibility upon the contractor can be negotiated. (d) type and complexity of the requirement. Complex requirements, particularly those unique to the Government, usually result in greater risk assumption by the Government. This is especially true for complex research and development contracts, when performance uncertainties or the likelihood of changes makes it difficult to estimate performance costs in advance. As a requirement recurs or as quantity production begins, the cost risk should shift to the contractor, and a fixed-price contract should be considered. (e) Combining contract types. If the entire contract cannot be firm-fixed-price, the contracting officer shall consider whether or not a portion of the contract can be established on a firm-fixed-price basis. (f) Urgency of the requirement. If urgency is a primary factor, the Government may choose to assume a greater proportion of risk or it may offer incentives tailored to performance outcomes to ensure timely contract performance. (g) Period of performance or length of production risk in times of economic uncertainty, contracts extending over a relatively long period may require economic price adjustment or price redetermination clauses (h) Contractor’s technical capability and financial responsibility (I) Adequacy of the contractor’s accounting system. Before agreeing on a contract type other than firm-fixed-price, the contracting officer shall ensure that the contractor’s accounting system will permit timely development of all necessary cost data in the form required by the proposed contract type.
How do you determine a prospective contractor to be responsible? Are there any differences in that process for contracts under the SAT versus contracts exceeding the SAT? If so, what are they?
Your contract requires a modification. Address the different types of modifications that could be executed. Describe the steps you would take in executing the modification and include in your discussion the different modification authorities and what documentation would be necessary to support the modification action.
A D&F is a prerequisite for modification, extension, and ratification.
Change Order: Any written change in the terms and scope of the contract. These changes can be in the specifications, drawings, designs, method of packaging or shipment, time or place of delivery, and quantity or type government provided material. Unilateral order signed by the KO (Based on the changes Clauses) Quantities may not be unilaterally adjusted by the changes clause. Commercial contras cannot be changed unilaterally. Changes cannot exceed limitation of costs and funds and must be within the scope of the contract.
Three things needed to execute an option: 1. Need2. Funds available 3. Option is advantageous to the GOV
Administrative Change: Unilateral changes not affecting substantive rights of the parties. These changes to paying office, name of KO, contracting office. Etc.
Constructive Change: occurs when the contract work is actually changed but the procedures of the change clause have not been followed. Same effects a formal change order. An increased burden of the contractor is compensable. Example, contractor fails to complete project with in the specified date and time, and the government allows work to continue without approval. Bilateral changes a retreated as a sole source and require a J&A
How do you determine whether or not a change is within scope?
The FAR itself does not provide a definition of “scope.” Instead each determination is made on a case-by-case basis. Over the years the GAO and the federal courts have articulated a number of factors that can guide the Contracting Officer’s scope determination. The primary consideration whether a potential offeror (in the original procurement) would have reasonably anticipated that this type of change would occur. To quote the U.S. Court of Appeals for the Federal Circuit (in AT&T Communications, Inc. v. Wiltel, Inc., 1 F.3d 1201 (Fed. Cir. 1993)) the question is “whether the solicitation for the original contract adequately advised offerors of the potential for the type of changes during the course of the contract that in fact occurred, or whether the modification is of a nature which potential offerors would reasonably have anticipated.”
In 2012 the Court of Federal Claims (in American Apparel, Inc., v. U.S., No. 12-293 C) reviewed the facts in a number of cases and summarized some questions that the Contracting Officer should consider in making the determination of whether potential offerors could reasonably have anticipated the change:
· Does the modification substantially change the type of work, performance period and costs as between the original contract and the modified contract?
· Is it essentially the same performance or not?
· Is there a lack of resemblance to the original procurement?
· Is there a significant addition or subtraction of the quantity of work?
· Is there additional time spent on performance of the contract when such time is extended in order to add significantly more quantity or new requirements to the contract?
These examples are not all-inclusive, so we encourage you to consult with your legal counsel on your specific situation.
Describe the different types of terminations available. Address both non commercial (FAR Part 49) and commercial (FAR PART 12) terminations. Discuss the termination procedures and remedies (if any) of each type of termination.
There are three types of terminations.
1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2. Anticipatory breach
2. Termination for Cause (T4Cause) A T4Cause andT4C are for commercial contracts.
3. Termination for Convenience settlement agreement, no dispute.
Reasons to terminate for convenience: Lack of funds, in the best interest of the Government, change in situation or technology.
A small business termination must be reported to the SBA.
T4C Best interest no breach.
All payments stop at termination.
An improper T4D is settled as if it was aT4Convenience.
No cure notice needed past delivery date.
Show cause sent after due date, may be used but not required.
Discuss your understanding of SAM (System for Award Management Exclusions) and how / when it is to be utilized.
SAM is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. SAM is always utilized to validate the contractors Certs and Reps. Contractors must be registered in SAM to contract with the Federal government.
You have received a sole source proposal. How would you determine the price to be fair and reasonable. Address any differences when dealing with different dollar thresholds, contract type, etc. (i.e., cost analysis and/or price analysis).
It depends on the threshold and if it is a commercial buy and if there is sufficient competition. We always do a price analysis but not a cost analysis unless it is non-commercial and or above the TINA threshold of$750K. I would use the IGCE, conduct MR, look at previous similar efforts and draw on my experience. The complexity, contract value and type of the effort would determine how much effort I would put forth. Cost Analysis would be for a cost type contract and price analysis would be for FFP. The FAR provides guidance for the requirements information included in the J&A. Pursuant to FAR6.302 there are limited circumstances that allow for contracting using other than full and open competition. These are:
1. 6.302-1– Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
2. 6.302-2– Unusual and Compelling Urgency.
3. 6.302-3– Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services.
4. 6.302-4– International Agreement.
5. 6.302-5– Authorized or Required by Statute.
6. 6.302-6– National Security.6.302-7– Public Interest.
There are three types of competition: 1. Full and Open 2. Full and Open after exclusion of sources 3.Other than full and open sources.
You have received competitive proposals in an LPTA situation. How would you determine the prices to be fair and reasonable.
Through the competition of the technically acceptable proposals. 1) Make a determination if lowest offeror offer is technically acceptable -move to award or 2) if the lowest price is not technically acceptable then move on to the next lowest offeror…The prudent Contracting Officer must be able to support the determination of fair and reasonable in a manner to which they are willing to put their signature. There is a large degree of discretion for the Contracting Officer in this area, so what in their judgment meets the standard?
