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FAR > CFCM Contracting By Negotiation 15 Emergency Acquisitions Session 5 > Flashcards

CFCM Contracting By Negotiation 15 Emergency Acquisitions Session 5 Flashcards

1
Q

Source Selection Process and
Techniques (FAR 15.1) 1

R2P2C

A

Best Value Continuum
Any one or combination of source selection approaches
Relative importance of cost or price may vary
Requirements
Risk
Past Performance
Cost

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2
Q

Source Selection Process and
Techniques (FAR 15.1) 2
TRADEOFF FOR OTHER THAN COST

A

Tradeoff Process
Tradeoffs among cost or price and non- cost factors
Permits the Government to make an award to other than the lowest priced proposal

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3
Q

Source Selection Process and
Techniques (FAR 15.1) 3
ORAL DIALOG AT ANY TIME SAME RESTRICTION AS WRITTEN

A

Oral Presentations
Substitute or augment written information
Provide opportunity for dialog between the parties
May occur at any time in the acquisition
process
Subject to the same restrictions as written information, regarding time and content

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4
Q

Source Selection Process and
Techniques (FAR 15.2) 4
INFO EXCHANGE INCREASES REQUIREMENTS AND INDUSTRY CAPABILITIES

A

Information Exchange
Purpose
Improve the understanding of Government requirements
and industry capabilities

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5
Q

Source Selection Process and
Techniques (FAR 15.2) 5
RFI VS RFP NO UNAUTHORIZED INFO RELEASED

A

Techniques to promote early exchange of information
RFI vs. RFP
Responses to RFIs must be safeguarded from
unauthorized disclosure

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6
Q 
Uniform Contract Format 1
SCHEDULE
SCF/SS$C/SOW AND SPEC/
PM/IA/DELIVER AND PREFORM/
CAD/SPECIAL CONTRACT REQS
A 
Part I—The Schedule
A Solicitation/contract form
B Supplies or services and prices/costs
C Description/specifications/statement of work
D Packaging and marking
E Inspection and acceptance
F Deliveries or performance
G Contract administration data
H Special contract requirements
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7
Q

Uniform Contract Format 2
CONTRACT CLAUSE
DOCS,EXHB,ATTACHMENTS
J LIST OF ATTACHMENTS

A

Part II—Contract Clauses
I Contract clauses
Part III—List of Documents, Exhibits, and Other Attachments
J List of attachments

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8
Q 
Uniform Contract Format 3
REPS AND INSTRUCTIONS
K REPS CERTS AND STATEMENTS OF OFFERORS 
L INSTR, COND, NOTICE TO OFFERORS 
M EVAL FACTORS TO AWARD
A

Part IV—Representations and Instructions
K Representations, certifications, and other statements of offerors or respondents
L Instructions, conditions, and notices to offerors or respondents
M Evaluation factors for award

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9
Q

Solicitation and Receipt of Proposals
and Information (FAR 15.2) (cont’d) 1
AMENDMENTS LATE SUBMISSION

A

Amendments
Issued when either before or after receipt of proposals, the Government changes its requirements or terms and conditions
Late Submissions
Proposals, modifications, or revisions need to be received in the designated Government office on or before the exact time specified in the solicitation

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10
Q 
Solicitation and Receipt of Proposals
and Information (FAR 15.2) (cont’d) 2

TIME DATE STAMP
ORAL WITHDRAW AT ANY TIME

A

Acceptable evidence to establish time of
receipt
Time/date stamp on proposal wrapper
Other documentary evidence, or
Oral testimony or statements of Government personnel
Withdrawals
May withdraw a proposal any time prior to award

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11
Q 
Source Selection (FAR 15.3) 1
BV of FACTORS SUBFACTORS
A 
Source Selection Objective
Select the proposal that represents the best value
Basis of Award Decision
Evaluation of factors and significant
subfactors
Tailored to the acquisition
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12
Q 
Source Selection (FAR 15.3) (cont’d) 2
EVAL FACTORS AND SUB FACTORS TO discriminate between and among competing proposals
A

Evaluation factors and significant
subfactors
Represent key areas of importance and emphasis to be considered in the source selection decision, and
Support meaningful comparison and discrimination between and among competing proposals

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13
Q 
Source Selection (FAR 15.3) (cont’d) 3
agency acquisition officials Price or cost shall be evaluated in every source selection
Quality = one or more non-cost evaluation factors
Past Performance (considered as an evaluation sub-factor under the “quality” evaluation factor)
A

Selection is within the broad discretion of
agency acquisition officials, subject to:
Price or cost shall be evaluated in every source
selection
Quality shall be addressed through consideration of one or more non-cost evaluation factors
Past Performance (considered as an evaluation sub-factor under the “quality” evaluation factor)

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14
Q

Source Selection (FAR 15.3) (cont’d) 4

Color or adjectival ratings
Numerical weights
Ordinal rankings

A

Proposal Evaluation (FAR 15.305)
Evaluated based on factors and subfactors set forth in the solicitation
May use any method or combination of methods
Color or adjectival ratings
Numerical weights
Ordinal rankings

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15
Q

Source Selection (FAR 15.3) (cont’d) 5 PRICE REASONABLES
Cost or price evaluation
Competition Cost analysis Past performance CAPP
Currency SOURCE, and relevancy of information
DATA CONTEXT AND contractor’s performance

A 
Cost or price evaluation
Competition establishes price reasonableness
Cost analysis may also be necessary to
establish price reasonableness
Past performance
Currency and relevancy of information
Source of information
Context of the data
General trends in contractor’s performance
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16
Q

Source Selection (FAR 15.3) (cont’d) 6
Exchanges with offerors after receipt of
proposals
Clarifications
Discussions (must be tailored to the individual offer if held after establishment of the competitive range)
Contracting Officer may accept proposal revisions during discussions
Negotiations

A

Exchanges with offerors after receipt of
proposals (FAR 15.306)
Clarifications
Discussions (must be tailored to the individual offer if held after establishment of the competitive range)
Contracting Officer may accept proposal revisions during discussions
Negotiations

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17
Q

Source Selection (FAR 15.3) (cont’d) 7
LIMITS OF EXCHANGE NO FAVOR 1 OVER THE OTHER
NO TECHNICAL SOLUTION OR INTELLECTUAL PROPERTY

A

Limits on Exchanges (FAR 15.306e)
Government personnel involved in the acquisition shall not engage in conduct that
Favors one offeror over another
Reveals an offeror’s technical solution or any information that would compromise an offeror’s intellectual property

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18
Q 
Source Selection (FAR 15.3) (cont’d) 8
Limits on Exchanges PRICE REFERENCE PERSON OR PAST PERFORMANCE
A

Limits on Exchanges (FAR 15.306e)
Reveals an offeror’s price
Reveals the names of individual providing reference information about an offeror’s past performance
Knowingly furnish source selection information

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19
Q

Source Selection (FAR 15.3) (cont’d) 9
INDEPENDENT DECISION
COMPARATIVE ASSESSMENT VS SOURCE SELECTION CRITERIA

A 
Source Selection Authority (SSA) (FAR
15.308)
Decision must be
Made independently
Based on a comparative assessment of proposals against all source selection criteria in the solicitation
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20
Q

Contract Pricing (FAR 15.4) 1
PRICE=COST PLUS ANY FEE
Purchase from responsible sources at fair and reasonable prices
In establishing reasonableness, contracting officers should minimize the information necessary

A

Price
Cost plus any fee or profit applicable to the contract type
Pricing Policy
Purchase from responsible sources at fair and reasonable prices
In establishing reasonableness, contracting officers should minimize the information necessary

21
Q

Contract Pricing (FAR 15.4) 2
When cost or pricing data are not required, rely on the following, in order of precedence
No additional information, particularly if the price is based on adequate price competition
Information other than cost or pricing data
Cost or pricing data

A

Pricing Policy (cont’d)
When cost or pricing data are not required, rely on the following, in order of precedence
No additional information, particularly if the price is based on adequate price competition
Information other than cost or pricing data
Cost or pricing data

22
Q

Contract Pricing (FAR 15.4) 3
FAR 15.406-2 FACT VER THRESH
Cost or pricing data ($700,000)
DATE OF PRICE AGREEMENT OR EARLIER

A

Cost or pricing data ($700,000)
All facts that, as of the date of price agreement or, if applicable, an earlier date agreed upon between the parties that are as close as practicable to the date of agreement on price

23
Q 
Contract Pricing (FAR 15.4) 4
COST OR PRICING DATA 700K
Factual data, not judgmental
Verifiable
Require certification per FAR 15.406-2
Threshold includes price increases and decreases
A 
Cost or pricing data ($700,000)
Factual data, not judgmental
Verifiable
Require certification per FAR 15.406-2
Threshold includes price increases and decreases
24
Q

Contract Pricing (FAR 15.4) 5
FAR 15.406-2 FACT VER THRESH
any type of information that is not required to be certified per FAR 15.406-2 and
Is necessary to determine price reasonableness or realism

A

Other than cost or pricing data
any type of information that is not required to be certified per FAR 15.406-2 and
Is necessary to determine price reasonableness or realism

25
Q 
Contract Pricing (FAR 15.4) (cont’d) 6
CERTIFIED OR PRICE DATA =SAP
A

Prohibition on obtaining Certified Cost
or Pricing Data (FAR 15.403-1)
Acquisitions at or below the simplified acquisition threshold

26
Q

Contract Pricing (FAR 15.4) (cont’d) 7
Prohibition on obtaining Certified Cost
Prices are based on adequate price competition
Prices set by law or regulation
Commercial items (or modifications to commercial items)
When a wavier has been granted

A

To support any action (contracts, subcontracts, or modifications) when
Prices are based on adequate price competition
Prices set by law or regulation
Commercial items (or modifications to commercial items)
When a wavier has been granted

27
Q 
Contract Pricing (FAR 15.4) (cont’d) 8
PROPOSAL ANALYSIS
Price Analysis
Cost Analysis
Cost Realism Analysis
Technical Analysis
CAP CRTA
A 
Proposal Analysis (FAR 15.404-1)
Objective
Ensure that the final price agreed upon is fair and reasonable Techniques
Price Analysis
Cost Analysis
Cost Realism Analysis
Technical Analysis
28
Q

Contract Pricing (FAR 15.4) (cont’d) 9
Field Pricing Assistance (FAR 15.404-2)
supplementary information needed to conduct a technical or cost or pricing analysis

A

Field Pricing Assistance (FAR 15.404-2)
When information is inadequate to determine a fair and reasonable price
Request should reflect the minimum essential supplementary information needed to conduct a technical or cost or pricing analysis

29
Q

Contract Pricing (FAR 15.4) (cont’d) 10
Profit (FAR 15.404-4)
Does not necessarily represent net income to the contractor
OBJECTIVE
STIMULATE PERFORMANCE QUALIFIED BIG AND LITTLES INDUSTRIAL BASE

A

Profit (FAR 15.404-4)
Does not necessarily represent net income to the contractor
Objective
Stimulate efficient and effective contract
performance
Attract the best capabilities of qualified small and large businesses
Maintain a viable industrial base

30
Q

Contract Pricing (FAR 15.4) (cont’d) 11
15 10 6
CPFF
R AND D AND A AND E

A 
Profit (FAR 15.404-4)
Statutory limitations
15% for R&D efforts on a CPFF contract
10% for all other CPFF type contracts
6% for A-E firms
31
Q

Contract Pricing (FAR 15.4) (cont’d) 12
DOCUMENTS
PNM POM DOA

A 
Documenting the Negotiations (FAR
15.406-3)
Price Negotiation Memorandum (PNM)
Purpose of the negotiation
Description of the acquisition
32
Q

Contract Pricing (FAR 15.4) (cont’d) 13
DOCUMENTS 2
CONTRACTOR SYSTEM PRENEGOTIATION FAIR AND REASONABLE $

A

Documenting the Negotiations (FAR
Status of contractor’s systems (purchasing, estimating, accounting, compensation)
Prenegotiation objectives and negotiated positions, including profit or fee
Documentation of fair and reasonable pricing

33
Q

Contract Pricing (FAR 15.4) (cont’d) 14
MAKE OR BUY
SUB MANAGEMENT
GOV HAS RIGHT TO REVIEW

A

Make-or-Buy Programs (FAR 15.407-2)
Prime is responsible for managing contract performance, including, planning, placing, and administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the government
When required, the Government may reserve the right to review and agree on the make-or-buy program to ensure negotiation of reasonable prices, satisfactory performance, or implementation of socioeconomic policies

34
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 1
DEBRIEFINGS 
3 DAYS AFTER PRE AWARD AFTER EXCLUSION
POST AWARD ORAL OR WRITING
A

Debriefings
Must be requested in writing within 3 days after
Pre-award - notification of exclusion from the competition
Post-award – notice of contract award
Can be conducted orally, in writing, or by any other method acceptable to the contracting officer

35
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 2
PRE AWARD DEBRIEFS 
SIG ELEMENTS
ELIMINATION REASON
RULES WERE FOLLOWED
A

Pre-Award Debriefs must include:
The agency’s evaluation of significant elements in the offeror’s proposal
Summary of the rationale for eliminating the offeror from the
competition
Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from competition

36
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 3
PRE AWARD SHALL NOT 
#OFFERORS
OFFEROR CONTENT
OFFEROR RANKING
A 
Pre-Award Debriefs shall not disclose:
The number of offerors,
The identity of the offerors,
The content of other offeror’s proposals,
The ranking of the offerors,
37
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 4
PRE AWARD SHALL NOT 
OFFEROR EVAL
POINT BY POINT OFFEROR COMPARISON
TRADE SECRETS 
MANU (PROCESS AND TECHNIQUES)
A

Pre-Award Debriefs shall not disclose:
The evaluation of other offerors,
Point-by-point comparisons of this offeror’s proposal with those of other offerors,
Trade secrets, privileged or confidential manufacturing processes and techniques,

38
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 5
PRE AWARD SHALL NOT 
FINANCE INFO ($,------)
REFERENCE INFO
A

Pre-Award Debriefs shall not disclose:
Commercial or financial information that is privileged or confidential, including
Cost breakdowns,
Profit,
Indirect cost rates, or
Similar information
– The names of the individuals providing reference information about an offeror’s past performance

39
Q

Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 6
POST
SIG WEAKNESS

A

Post-Award Debriefs must include:

The government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable,

40
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 7
POST
cost or price and technical rating 
SUCC. OFFEROR AND PAST PERFORMANCE
COMM. MAKE AND MODEL
A

Post-Award Debriefs must include:The overall evaluated cost or price and technical rating, if
applicable, of
The successful offeror and
This offeror
Past performance information on this offeror
– For commercial items, the make and model of the item to be delivered

41
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 8
POST
OVERALL RANKING
AWARD SUMMARY
RULES WERE FOLLOWED
A

Post-Award Debriefs must include:
The overall ranking of all offerors, when any ranking was developed by the agency during the source selection
A summary of the rationale for award
Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed

42
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 9
POST SHALL NOT INCLUDE 
POINT BY  POINT 
TRADE SECRETS
MANU (PROCESSES AND TECHNIQUES)
A

Post-Award Debriefs shall not disclose:
Point-by-point comparisons of this offeror’s proposal with those of other offerors,
Trade secrets, privileged or confidential manufacturing
processes and techniques,

43
Q 
Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 10
POST SHALL NOT 
FINANCE ($-------)
INDIRECT COST
A 
Post-Award Debriefs shall not disclose:
Commercial or financial information that is privileged or confidential, including
Cost breakdowns,
Profit,
Indirect cost rates, or
Similar information
44
Q

Preaward, Award, and Postaward Notifications,
Protests, and Mistakes (FAR 15.5) 11
POST SHALL NOT
REFERENCE NAME

A

Post-Award Debriefs shall not disclose:

– The names of the individuals providing reference information about an offeror’s past performance

45
Q

Unsolicited Proposals (FAR 15.6)
innovative ideas
Broad Agency Announcement
Small Business Innovation Research topic
Small Business Technology Transfer Research topic
Program Research and Development Announcement,

A

Only used for innovative ideas when they
fall outside topic areas publicized, i.e.,
RFPs
Broad Agency Announcement
Small Business Innovation Research topic
Small Business Technology Transfer Research topic
Program Research and Development Announcement,
Any other Government-initiated solicitation or program

46
Q

FAR Part 18 – Emergency Acquisitions

contingency operation

A

Emergency acquisitions are flexibilities provided with respect to any acquisition of supplies or services by or for an executive agency that, as determined by the head of an executive agency, may be used—
In support of a contingency operation

47
Q

FAR Part 18 – Emergency Acquisitions

nuclear, biological, chemical, or radiological

A

To facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States; or
When the President declares an incident of national significance, emergency declaration, or a major disaster declaration.
FAR 18.2

48
Q

Defense Priorities and Allocations
Systems (DPAS)
national defense, emergency
preparedness, and energy programs.

A

Supports approved national defense, emergency
preparedness, and energy programs.

Was established to facilitate rapid industrial mobilization in
case of a national emergency.

49
Q

Pricing policy.
When certified cost or pricing data are not required by 15.403-4, shall obtain data other than certified cost or pricing data as necessary to establish a fair and reasonable price, generally using the following order of preference in determining the type of data required:

A

(2) When certified cost or pricing data are not required by 15.403-4, shall obtain data other than certified cost or pricing data as necessary to establish a fair and reasonable price, generally using the following order of preference in determining the type of data required:
(i) No additional data from the offeror, if the price is based on adequate price competition, except as provided by 15.403-3(b).
(ii) Data other than certified cost or pricing data such as—
(A) Data related to prices (e.g., established catalog or market prices, sales to non-governmental and governmental entities), relying first on data available within the Government; second, on data obtained from sources other than the offeror; and, if necessary, on data obtained from the offeror. When obtaining data from the offeror is necessary, unless an exception under 15.403-1(b)(1) or (2) applies, such data submitted by the offeror shall include, at a minimum, appropriate data on the prices at which the same or similar items have been sold previously, adequate for evaluating the reasonableness of the price.
(B) Cost data to the extent necessary for the contracting officer to determine a fair and reasonable price.

FAR (8 decks)

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