'CON 280 Exam 1 Flashcards

1
Q

Give the description of the contracting officer?

A
  • Responsible for performing all relevant contract functions, to include assisting in requirements development and market research
  • Serves as the principal business advisor and principal agent for the government responsible for developing the business strategy and solicitation, conducting source selection, and administering the resultant contract and business arrangement
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2
Q

What is the description of the COR?

A
  • Performance assessment personnel
  • On-site technical manager responsible for assessing actual contractor performance against contract performance standards
  • Provides the team with their field experience and surveillance of service contracts
  • Provides guidance to the PM to ensure contract requirements are described in a manner which enables the government to assess the contractor’s work performance objectively and effectively in terms of outcome
  • Serve as the “eyes and ears” of the Contracting Officer
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3
Q

What are the responsibilities of the PM or requiring agency?

A
  • Ensures the technical requirements are approved and stable, establishes technical specifications
  • Allocates the necessary resources including personnel, funding, and facilities to support the source selection process
  • Assists in the establishment of the Source Selection Team (SST) to include serving as an advisor or member to the SSAC and/or the SSEB as needed
  • Assists in the development of the evaluation criteria consistent with the technical requirements/risk
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4
Q

Who is the Small Business Specialist?

A

Principal advisor and advocate for small business engagement

Serves as the chief analyst on small business laws, regulations and command policy

Can provide insight for market research and an understanding of industry small business capability

May serve as liaison with the Small Business Administration (SBA

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5
Q

Describe the Source Selection Authority?

A
  • The individual designated to make the best-value decision
  • The appointment of the individual to serve as SSA shall be commensurate with the complexity and dollar value of the acquisition
  • For acquisitions with a total estimated value of $100M or more, the SSA shall be an individual other than the PCO
  • Responsible for the proper and efficient conduct of the source selection process in accordance with the procedures and all applicable laws and regulations
  • Appoints the chairpersons for the SSEB and, when used, the SSAC
  • Ensures that personnel appointed to the SST are knowledgeable of policy and procedures for source selection
  • For major weapon system or major service acquisitions, ensures no senior leadership is assigned to or performs multiple leadership roles
  • Ensures realistic source selection schedules and efficient and effective events
  • Ensures compliance with Subsection 27(a) of the OFPP Act, 41 U.S.C., Section 423, and FAR 3.104 regarding unauthorized disclosure of contractor bid and proposal information, as well as source selection information
  • Makes a determination to award without discussions or enter into discussions
  • Selects the best value proposal in accordance with evaluation criteria in Section M
  • Documents the rationale in the Source Selection Decision Document (SSDD)
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6
Q

Describe the Source Selection Advisory Council

A
  • The SSA establishes an SSAC to gain access to functional area expertise to provide the support the SSA requires throughout the source selection process
  • Organizations shall establish an SSAC for acquisitions with a total estimated value of $100M or more. An SSAC is optional for acquisitions with a total estimated value of less than $100M
  • The SSA may convene the SSAC at any stage in the evaluation process
  • The SSAC Chairperson appoints SSAC members, subject to SSA approval
  • SSAC Members should represent the specific functional areas from which the SSA may require expertise
  • Provides a written comparative analysis and recommendation to the SSA
  • Provides oversight to the SSEB
  • Reviews the evaluation results of the SSEB to ensure that the evaluation process follows the evaluation criteria and that the ratings are appropriately and consistently applied
  • Consolidates the advice and recommendations from the SSAC into a written comparative analysis and recommendation for use by the SSA in making the best-value decision
  • Ensures that minority opinions within the SSAC are documented and included within the comparative analysis
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7
Q

What is the Source Selection Evaluation Board?

A
  • Frequently the SSEB Members will be organized into functional teams corresponding to the specific evaluation criteria (e.g., Technical Team, Cost Team, etc.)
  • Use of non-government personnel as voting members of the SSEB is prohibited

-Government personnel assigned to the SSEB shall consider this duty their primary responsibility
The SSEB Chairperson shall:

Be responsible for the overall management of the SSEB and act as the SSEB’s interface to the SSAC (if utilized) and the SSA

Establish functional evaluation teams, as appropriate, to support an efficient source selection evaluation

Ensure the skills of the personnel, the available resources, and time assigned are commensurate with the complexity of the acquisition

Ensure members of the SSEB are trained and knowledgeable on how an evaluation is conducted

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8
Q

Who is designated to make the best and final decision for the source selection?

A

The SSA

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9
Q

What is a Request for Information?

A

RFIs may be used when the Government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes (Market Research).

Responses to these notices are not offers and cannot be accepted by the Government to form a binding contract.
There is no required format for RFIs

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10
Q

The Contracting Officer cannot meet with a potential offeror one-on-one, but the PM can. (Myth or Reality)

A

MYTH

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11
Q

In the pre-solicitation period, a vendor who provides information risks being excluded from the resulting solicitation due to organizational conflict of interest (OCI) concerns. (Myth or Reality)

A

MYTH

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12
Q

While the PM typically talks to Industry about technical requirements, it should be the Contracting Officer ’s responsibility to get feedback on pricing, performance metrics, evaluation criteria, and other contractual issues.
(Myth or Reality)

A

REALITY

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13
Q

Industry days are of low value because vendors won’t provide useful information in front of competitors.
(Myth or Reality)

A

MYTH

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14
Q

Members of the Acquisition Team, including the Contracting Officer and PM, should try to make procurements “protest-proof”.
(Myth or Reality)

A

MYTH

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15
Q

Based on information gathered from Industry, the Acquisition Team may decide to take a different approach than the one originally planned, in order to increase competition, provide for more small business participation, achieve lower prices, or better define the technical requirements.
(Myth or Reality)

A

REALITY

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16
Q

What is the Team Charter?

A

High level plan on who is who! A vision statement

Gets the team focused on the objectives to be accomplished

Assigns key roles and responsibilities

Starts with the Acquisition Team’s vision statement, which should capture the high level objective of the team’s effort and should unite the team

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17
Q

What is the communication plan?

A

Lower level plan on who needs to be informed and when

A Communication Plan will help you develop and organize the communications strategy you’ll need to keep your key stakeholders, customers, and acquisition team informed as you move thru the different phases of the service acquisition process.

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18
Q

What is the project plan?

A

Lowest level plan detailing specific actions team needs to take – the worker-bee roadmap on what to do and when!

A Project Plan will help your team get organized and develop a realistic approach and schedule for completing an acquisition.

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19
Q

What are some potential sources of market research?

A
PRIMARY RESEARCH
Interviews with:
Industry experts (e.g. Wall Street analysts, associations, etc.)
Companies/suppliers
Trade associations
Internal Experts
Industry Engagement
RFI (request for Information)
Supplier perception surveys
Industry days
One-on-one interactions
SECONDARY RESEARCH:
Wall Street Analyst reports on industries and companies 
Company 10K and annual reports
Research providers (e.g. IBIS World, Forrester, etc.)
Industry publications/journals
Industry associations
General news sources
Internet research
Government databases/tools
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20
Q

What should the Market Research report contain?

A

At a minimum:
Explain the needs driving the acquisition
Identify the team members
Discuss approach taken to conduct the research
Identify sources contacted
Summarize learning, including positives and negatives
Enable the team to make decisions concerning direction

Plus:
Be written in a clear, non-bureaucratic style
Be scoped appropriately for the size/nature of the acquisition
Be updated as the acquisition continues
Be useful to other teams with same/similar assignments

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21
Q

What is the current National policy on providing small business?

A

“It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business, veteran-owned small business, service-disabled veteran- owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

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22
Q

What is the eligibility criteria for small business?

A

To be a small business it:

must be independently owned; and

can’t be dominant in its field of operation.

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23
Q

What are 8a companies and their qualifications?

A

8(a) firms are owned and controlled at least 51% by socially and economically disadvantaged individuals.

8(a) Program participation is limited to nine years, after which, neither the business nor that individual will be eligible for program participation again. There are two stages in the 8(a) Program.

  1. Developmental stage (4 years) - Designed to help 8(a) certified firms overcome their economic disadvantage by providing business development assistance.
  2. Transitional stage (5 years) - Designed to help participants overcome the remaining elements of economic disadvantage and to prepare participants for leaving the 8(a) program.
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24
Q

What is the subcontracting plan and who uses it?

A

Small businesses will have maximum practicable opportunity to participate in contract performance consistent with efficient performance

When?
• Contracts > Simplified Acquisition Threshold (SAT) ($150K) awarded to large business
• A subcontract opportunity exists
• For contracts > $650K ($1.5M construction) AND subcontract opportunities exist
• For modifications > $650K ($1.5M construction) with new work AND subcontract
opportunities exist
• Also multi-year contracts / contracts with options with a base contract & all options that are SEPARATE goals for base & each option

ALL business concerns (including small businesses if they are the prime and intend to sub out further)

25
Q

When is the subcontracting plan not required?

A

For personal services contracts
• For contracts / modifications performed entirely outside US & outlying areas
• From small businesses (unless the prime and further subbing out work)
• For contracts / modifications performed entirely outside US & outlying areas
• For modifications to contracts within general scope of the contract that do not contain FAR 52.219-8 (or equivalent prior clauses, e.g., contracts awarded before enactment of PL 95-507)

26
Q

How do you know when a KTR is responsible?

A

To be determined responsible, a prospective contractor must—

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));
(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
(c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;
(d) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15).

27
Q

How do you determine a small business to be a “Total” set-aside?

A

This decision is made by the KO if there is a
determination by the KO that offers will be;

received from at least TWO responsible SBs; and

the award will be made at a reasonable price.

28
Q

What is the PWS?

A

The term “PWS” (Performance Work Statement) simply refers to the way that we are to structure our SERVICES acquisition documents (ie., SOO, RFP, RFI, IFB). This means telling the contractor in a very
clear and unambiguous way

“Heart” of any service acquisition

Describes requirement in terms of measurable outcomes rather than by means of prescriptive methods

29
Q

What are the stakeholder advice categories?

A

Influence
Importance
Commitment
Engagement

30
Q

What does each stakeholder advice category mean?

A

Influence-Stakeholder’s ability to impact your acquisition
Decision making, Funding control, Informal influence

Importance-Impact of your acquisition on Stakeholder
Customer needs met, chain of command satisfied

Commitment-Indication of how committed the Stakeholder is or how much the Stakeholder is focused on the outcomes of the project and has invested actual time and resources in terms of funding, capital and personnel in the project/program
Commitment is a measure of how supportive the Stakeholder is

Engagement-An indication of how engaged or informed the Stakeholder is in the outcomes of the project/program
Engagement is a measure of how well the Stakeholder understands the challenges the project seeks to tackle and the project’s interests, expectations, and requirements

31
Q

Determine the difference between trade-off and LPTA.

A

Lowest Priced Technically Acceptable (LPTA)
-Award based primarily on price and minimum technical standards

Trade-Off Method (best value)
-Award based on a cost benefit trade-off analysis

32
Q

How is a Price calculated in a Fixed Price Contract?

A

Contractor calculates the cost of material, labor, overhead, general and administrative (G&A) costs and profit

Contractor bears the risk of performing all required actions at the fixed price they propose

Government pays contract price

33
Q

How is the total Cost determined in a cost reimbursable contract?

A

Contractor estimates total labor, material costs, overheads, G&A costs and Fee

Contractor provides “best effort” to perform all required actions, but bears less performance risk than in a fixed price arrangement.

Risk for government is that task may not be completed before funding is exhausted

34
Q

What is the Quality Performance Index?

A

-Mechanism to mitigate risk that in striving to reduce costs contractor may sacrifice quality

-Associated with technical performance indicators
Works as a multiplier against the traditional FAR fee calculation

-Allows a balance to be struck between cost and performance while meeting minimum needs of government

-Consists of points assigned to various services’ summary items
Best developed before RFP release
Can be changed (negotiated) after award, if warranted

35
Q

What are the mandatory factors in any evaluation?

A

Mandatory factors in any evaluation. FAR 15.304(c) – things that MUST BE CONSIDERED!

  • Price/Cost
  • Quality
  • Past Performance
  • Small Disadvantaged Business Concerns (optional)
36
Q

What is the Quality Assurance Surveillance Plan?

A

Describes how the government will assess contractor performance against the performance standards contained in the PWS

37
Q

What is the Acceptable Quality Level (AQL)?

A

An “acceptable quality level” (“AQL”) that the contract has to accomplish in order to get paid.

The AQL also must be mathematically certain represented as a percentage or a number, i.e. pass the checklist set out in #2 above 95% of the time, or no more than five (5) errors or failures.

38
Q

Does the SOO, statement of Objectives, ever become part of the contract?

A

No

The government modifies the “SOO” and prepares a PWS to be inserted into the contract.

39
Q

Uniform Contract Format

A

Part I – The Schedule
Section A – Contract Form
Section B – Supplies & Prices / Cost
Section C – Description / Specifications / SOW
Scope
Specifications/Documents
Requirements
Performance Work Statement (If performance based)
Specific (Performance Based) Requirements
Ex.: The contractor shall (outcome wording – maintain, provide acceptable, etc.)
Measurement Methods
Ex.: The appropriate government personnel will (observe, inspect, sample) contractor
performance according to the standards set out in Part III – Sec. J. 1 (QASP). Successful
performance shall be determined consistent with C.3.3 below.
Acceptable Quality Level “AQL”
Ex.: Successful contractor performance shall be determined according to the standards
set out in Part III – Sec. J. 1
Part II – Contract Clauses
Section I – General Provisions
Part III – List of Documents, Exhibits & Other Attachments
Section J – List of Documents, Exhibits and Other Attachments (Examples)
J. X. Performance Work Statement (PWS) [Some contracting offices put the entire PWS here]
J. X. Quality Assurance Surveillance Plan (QASP) & Acceptable Quality Level (AQL)
x. Performance Matrix
x. Contract Discrepancy Report (CDR)
J. X. Designated Areas List
J. X. Contractor Performance Checklist
Part IV – General Instructions
Section K – Representations, Certifications and Other Statements of Offeror
Section L – Instructions and Conditions and Notices to Offerors
Section M – Evaluation Factors for Award

40
Q

What are the assessment methods for performance based metrics?

A

Random sampling: a statistically based method that assumes receipt of acceptable performance if a given percentage or number of scheduled assessments is found to be acceptable; most appropriate for frequently recurring tasks; works best when the number of instances is very large and a statistically valid sample can be obtained

Periodic sampling: similar to random sampling, but planned at specific intervals or dates; appropriate for tasks that occur infrequently; allows for assessing confidence in the contractor without consuming a significant amount of time

Trend analysis: should be used regularly and continually to assess the contractor’s ongoing performance over time; government personnel should build and maintain a database of performance assessment data; contractor-managed metrics may be added to the analysis

Customer feedback: first-hand information from the actual users of the service; supplements other forms of evaluation and assessment; should be used prudently and must be thoroughly validated

Third-party audits: contractor evaluation by a third-party organization that is independent of the government and the contractor; all documentation should be made available to both the government and the contractor

41
Q

Explain incentive Fee contracts

A

Contain objectively measurable performance criteria

Incentive is earned when performance exceeds criteria

Both performance and cost control can be incentivized (incentives must support one another and be integrated)

42
Q

Explain award fee contracts

A

Contain a separate award fee pool used to motivate performance

Require an award fee plan

Used when neither feasible nor effective to devise predetermined objective incentive targets applicable to cost, schedule, and technical performance

Rely on subjective measures

Administratively burdensome

43
Q

Explain deductions

A

Commonly found in PBA contracts

Taken when contractor does not meet PWS performance standards

44
Q

Explain reasons to use and not use incentives

A

Using Incentives:
Promote excellent results and outcomes
Promote internal quality control and remedies
Encourage expertise, teamwork, partnering
Encourage contractor satisfaction/pride in workmanship
Monetary incentives
Promote upper management participation
Promote cost savings
Non-monetary incentives
Promote workforce satisfaction & stability

Reasons not to use incentives:
Providers with market power can resist them
They are difficult to use in contracts for experts (Advisory & Assistance Services (A&AS))
Outside factors can influence performance
More work to administer
Conflicting incentives can drive sub-optimization
Wrong incentives drive wrong behaviors

45
Q

What are the typical types of risk?

A
Business/Programmatic Risk
Technical Risk
Funding Risk
Process Risk
Organizational Risk
Performance Risk
46
Q

What is a conflict of interest?

A

A conflict of interest (COI) occurs when an
individual (PCI) or organization (OCI) is involved in
multiple interests, one of which could possibly corrupt
the motivation for an act in the other.”

47
Q

When to use GFP and who is responsible?

A

When Government property is offered for use in a competitive acquisition, solicitations should specify that the contractor is responsible for all costs (and risks) related to making the property available for use, such as payment of all transportation, installation or rehabilitation costs.

48
Q

What are the components of the source selection plan?

A
Background and Objectives 
Acquisition Strategy 
Source Selection Team (SST) 
Communications 
Evaluation Factors and Subfactors  
Documentation  
Schedule of Events
Non-Government Personnel
Securing Source Selection Materials

An SSP is required for all best-value, negotiated, competitive acquisitions under FAR Part 15. The SSA shall approve the SSP before the final solicitation is issued.

49
Q

What should the KO do when he/she determines that a cost contract is reaching its funding limitation?

A

Limitation of cost or funds.
(a)(1) When a contract contains the clause at 52.232-20, Limitation of Cost; or 52.232-22, Limitation of Funds, the contracting officer, upon learning that the contractor is approaching the estimated cost of the contract or the limit of the funds allotted,

shall promptly obtain funding and programming information pertinent to the contract’s continuation and notify the contractor in writing that Additional funds have been allotted, or the estimated cost has been increased, in a specified amount;

(ii) The contract is not to be further funded and that the contractor should submit a proposal for an adjustment of fee, if any, based on the percentage of work completed in relation to the total work called for under the contract;
(iii) The contract is to be terminated; or

(iv) (A) The Government is considering whether to allot additional funds or increase the estimated cost—
(B) The contractor is entitled by the contract terms to stop work when the funding or cost limit is reached; and
(C) Any work beyond the funding or cost limit will be at the contractor’s risk.

50
Q

What are the key elements for the RFP?

A
Section B (Supplies and Services Prices/Costs – CLINs)
Section H (Special Requirements)
Section L (Instructions to Offerors)
Section M (Evaluation Criteria)
51
Q

What are clarifications?

A

Clarifications are limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated

52
Q

Who determines which offer’s to keep and which to throw out of the competitive range?

A

The Contracting Officer determines which ones to keep and consider and which ones to throw out!

53
Q

What are discussions?

A

Discussions – 15.306(d) – exchanges between the Government and the offerors after the competitive range has been set to move toward a final offer. Discussions with one requires discussions with all in the competitive range.

54
Q

Why would you want to hold discussions with the offerors anyway?

A

To obtain the “Best Value” for the government and the taxpayer!

55
Q

What’s the purpose of a technical report analysis?

A

The objective of proposal analysis is to ensure that the final agreed-to price is fair and reasonable

56
Q

cost evaluation consists of?

A

cost realism, reasonableness, and affordability

57
Q

What is a certificate of competency?

A

Certificate issued by SBA stating KTR is responsible

58
Q

Past performance will be evaluated when?

A

anything over the SAT