CON 280 Exam 2

Question 1

1. What is the government’s purpose for holding debriefings? (2818, S. 6)

Answer 1

• Increase competition
• Encourage offerors to continue to invest resources in the Government marketplace
• Enhance the Government’s relationship and credibility with industry
• Provide feedback to offerors to assist in improving future proposal submissions
• May deter protests

Question 2

2. What are the goals of debriefings? (2818, s. 5)

Answer 2

• The debriefing serves to assure offerors that the Government properly evaluated their proposals and made the award determination in accordance with the RFP terms and conditions.
• The debriefing also provides feedback to offerors to assist in improving future proposal submissions. An effective debriefing often deters a protest by demonstrating that the Government conducted a thorough, fair evaluation and made a sound decision according to the established source selection methodology.

Question 3

3. Differentiate between pre-award and post-award debriefings. (2818, S. 7- )

Answer 3

a. KO shall send out the notice of a pre-award debriefing within 3-days of Request and Competitive Range Determination.
b. The primary difference is the regulatory guidance. (2818, s. 8-9)
i. FAR 15.505 describes pre-award debriefings (“Offerors excluded from the competitive range or otherwise excluded from the competition before award may request a debriefing before award (10 U.S.C. 2305(b)(6)(A) and 41 U.S.C. 253b(f)-(h))”)
ii. FAR 15.506 describes post-award debriefings.
c. Offerors are only entitled to one debriefing for each proposal (2818, s. 10)

Question 4

4. What might cause a protest?

Answer 4

a. Cancellation of solicitation or other request
b. An award or proposed award of contract
c. Termination or cancellation of an award of contract
d. Exclusion from the “competitive range”
e. Failing to follow stated evaluation factors!

Question 5

5. Differentiate the four Government offices (forums) where the contractor can file a protest.

Answer 5

a. GAO
i. “The inexpensive and expeditious resolution of protests”
ii. Resolution within 100 calendar days of protest filing (65 calendar days if treated under “express option”)
iii. Automatic stay of contract award or performance (“CICA Stay”)
b. Awarding Agency
i. Performance suspended, pending resolution
ii. Best efforts to resolve agency protests within 35 days

c. Court of Federal Claims
i. The only judicial forum for hearing administrative protests

d. Specialized Entities
i. E.g., Small Business Administration or the Bureau of Indian Affairs

Question 6

6. What information cannot be disclosed during the debriefing?

Answer 6

a. Documentation Not Presented to/Considered by SSA
b. Validity of Requirements
c. Prohibited Information (FAR 15.506(e))
d. Names of Past Performance References
e. Names of SST Members
f. Unit Prices Not Freely Releaseable under FOIA

Question 7

7. What are the post award conference goals?

Answer 7

a. Simple or complex depending on the nature of the contract and intended performance
b. No universal format that must be followed
c. Should cover all issues necessary to ensure that all parties understand their roles and suspense dates for assigned tasks
d. Should be kept as simple and precise as possible

Question 8

8. What is the importance of the post award conference?

Answer 8

a. A post-award orientation aids both Government and contractor personnel to (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems. However, it is not a substitute for the contractor’s fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award”. FAR 42.501

Question 9

9. What are the KO’s duties in a post award orientation?

Answer 9

a. Establishing the time and place of the conference;
b. Preparing the agenda, when necessary;
c. Notifying appropriate Government representations (e.g., contracting/contract administration office) and the contractor;
d. Designating or acting as the chairperson;
e. Conducting a preliminary meeting of Government personnel, and
f. Preparing a summary report of the conference”.

Question 10

10. Studying the contract and gaining a complete understanding of what is in it and it’s requirements helps you to do what?

Answer 10

a. Manage contractor performance
b. Resolve issues and concerns raised by the parties
c. Adhere to the timelines of the contract
d. Replace and or appointment quality surveillance personnel
e. Calculate claims or settlements
f. Answer concerns or questions raised by management
g. Achieve your organizations’ goals

Question 11

1. What are the requirements for contract admin?

Answer 11

a. FAR Part 42 includes subparts on:
b. Contract Audit Services
c. Contract Administration Services
d. Contract Administration Office Functions
e. Postaward Orientation
f. Corporate Administrative Contracting Officer
g. Indirect Cost Rates
h. Disallowance of Costs
i. Production Surveillance and Reporting
j. Contractor Performance Information

Question 12

2. When should the KO delegate administration functions?

Answer 12

a. contractor compensation,
b. costs and payment,
c. Government property, and
d. surveillance and status reporting

Question 13

3. When should a COR be assigned/delegated?

Answer 13

a. CORs should be appointed when managing the performance, costs, schedule tracking of services contracts.

Question 14

4. What are some of the ACO role?

Answer 14

a. Makes any task or contract award commitment
b. Negotiates contract modifications
c. Negotiates technical or pricing issues with the contractor
d. Modifies stated contract terms and conditions

Question 15

5. What are the roles of the COR?

Answer 15

a. Contracting officer’s “eyes and ears”
b. Technical expertise
c. Understands the contract
d. Has the training, knowledge, experience, skills, and ability to perform the role
e. Knows the performance requirements and standards in-depth
f. Provides support to Contracting Officer
g. Understands the assessment strategies in the QASP
h. Accurately assesses contractor performance
i. Effective communicator with good interpersonal skills
j. Reviews invoices and maintains appropriate files

Question 16

6. What are the COR surveillance duties?

Answer 16

a. COR/COTR promptly inspects services delivered by Contractor
b. COR/COTR identifies those that meet, exceed or do not meet requirements performance standards
c. COR/COTR documents assessment of services performed and provides a notice of satisfactory or unsatisfactory completion of requirements
d. COR/COTR completes required performance reports thoroughly and accurately
e. COR/COTR and contracting officer manage the review process for Contractor documents and deliverables, verifying the timeliness and accuracy of Contractor reports and data to be delivered to the Government
f. For any unsatisfactory or discrepancies in performance, COR/COTR will document, notify contracting officer and discuss with Contractor
g. For any disputes between the COR/COTR and the Contractor or any issues other than technical problems, COR/COTR will refer to contracting officer
h. Contracting officer coordinates performance assessments and works to resolve disputes with Contractor
i. COR/COTR must be careful not to direct the Contractor and its personnel

Question 17

7. What are some of the basic contract admin functions?

Answer 17

a. Validating contractor invoices (not for CPIF line items)
b. Tracking cost data
c. change management
d. Ensuring timely contractor payment

Question 18

8. What are the performance management functions?

Answer 18

a. Assessing performance via the QASP
b. Documenting performance for incentives
c. Documenting performance annually in the government past performance databases

Question 19

9. What rights does the KTR have to an REA?

Answer 19

within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government.

The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.
(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

Question 20

10. What has to be in an appropriate REA?

Answer 20

a. Contractor must establish an entitlement to an adjustment based on the Government’s actions or in actions;
b. Contractor has got to show that damages (quantum) to the contractor occurred in the form of increased cost;
c. Contractor has to show a link between the government’s actions causing the increase and the damage claimed; and
d. Contractor has to produce evidence or proof of the amount claimed.

Question 21

11. What has to be in the REA for evaluation?

Answer 21

a. Date and dollar amount of the contract award and / or modification.
b. Date of submission of the initial contract proposal and dollar amount.
c. Date of alleged delays or disruptions.
d. Performance dates as scheduled at date of award and / or modification.
e. Date entitlement to an equitable adjustment was determined.
f. Date of certification of request for adjustment if certification is required.
g. Dates of any pertinent Government actions or other key events during contract performance which may have an impact on the contractor’s request for equitable adjustment.

Question 22

12. What is the impact to a price adjustment for an incentive arrangement contract?

Answer 22

a. Government bears part of the cost risk on Fixed Price Incentive
b. Pricing of changes has impact on incentive arrangements
c. Billing prices must be adjusted with cost level to maintain proper cash flow
d. Final Price Revision Proposal sets final prices

Question 23

13. What is needed to exercise an option?

Answer 23

(1) Funds are available;
(2) The requirement covered by the option fulfills an existing Government need;
(3) The exercise of the option is the most advantageous method of fulfilling the Government’s need, price and other factors (see paragraphs (d) and (e) of this section) considered;

The option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions in 5.202, and
g. (5) The contractor is not listed on the Excluded Parties List System (EPLS) (see 9.405-1).”

Question 24

14. What happens when DOL changes the labor rates?

Answer 24

a. The impacted labor categories need to be modified and the new total labor amounts must then be rolled up into the overall cost calculations to determine the new total price. The follow-on slides illustrate these calculations and cost impact of the new wage rate determinations

Question 25

15. If the funds are not available what should happen?

Answer 25

a. funds are not available, the Contracting Officer may have to de-scope the current level of services to accommodate for the increased rates and their impact on the overall price as the rate increase is non-negotiable

Question 26

16. What is the formula for the final price?

Answer 26

a. Final (total) Price = Actual Cost + Target fee + seller’s share(IF) in cost savings

Question 27

1. What’s the policy for evaluating contractor performance in PBSCs?

Answer 27

a. A performance analysis is a process that identifies how a performance objective should be measured and, thus, what performance standards, (e.g., timeliness or quality levels) are appropriate and reasonable for that particular performance objective. In this step, you may also identify AQLs, also known as thresholds. Performance standards and AQLs are very important in that they identify acceptable levels of performance.

Question 28

2. What are some examples of performance standards?

Answer 28

a. Response times, delivery times, timeliness – meeting deadlines or due dates, adherence to schedule.
b. Error rates – number of mistakes/errors allowed in meeting the performance standard.
c. Accuracy rates – similar to error rates, but most often stated in terms of percentages.
d. Completion milestone rates – x percent complete at a given date.
e. Cost control – keeping within the estimated cost or target cost. Applies in cost-reimbursement contract arrangement.

Question 29

3. What is the process for addressing performance problems?

Answer 29

a. Assess performance against QASP
b. Document any deficiencies
c. Meet with contractor to develop action plan
d. Re-assess performance
e. Implement action plan
f. Negotiate action plan to correct deficiencies

Question 30

4. What does physically completed mean?

Answer 30

a. Required deliveries completed and accepted by Government
b. All services performed and accepted by Government
c. All option provisions, if any, have expired
d. Government has given contractor a notice of complete contract termination

Question 31

5. How long does it take to effectively closeout? (s. 37)

Answer 31

a. Files for contracts requiring settlement of indirect cost rates should be closed within 36 months of the month in which the contracting officer receives evidence of physical completion.

Question 32

6. What are the procedures for closing out contract files?

Answer 32

The contract administration office is responsible for initiating (automated or manual) administrative closeout of the contract after receiving evidence of its physical completion.

At the outset of this process, the contract administration office must review the contract funds status and notify the contracting office of any excess funds the contract administration office might deobligate.

Question 33

7. What are the resettlement proposals? (s. 42)

Answer 33

a. If the contract is an incentive contract and all overhead rates applicable to the contract have been negotiated, the contractor is eligible to submit its repricing settlement proposal.
b. The provisions of the incentive arrangement incorporated in the contract provide a formula procedure to determine the amount of profit the contractor has earned and this formula is not renegotiated.
c. However, cost elements used in incentive formulas, or cost type CLINs, are subject to this final settlement proposal.
d. The final repricing proposal would include all outstanding cost issues including such items as unsettled claims and undefinitized contract modifications.

Question 34

1. What is allowability?

Answer 34

A cost is allowable only when the cost complies with all of the following requirements:

(1) Reasonableness.
(2) Allocability.
(3) Standards promulgated by the CAS Board, if applicable, otherwise, generally accepted accounting principles and practices appropriate to the circumstances.
(4) Terms of the contract.
g. (5) Any limitations set forth in this subpart.

Question 35

2. What is reasonableness?

Answer 35

a. (a) A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. Reasonableness of specific costs must be examined with particular care in connection with firms or their separate divisions that may not be subject to effective competitive restraints.

Question 36

3. what is allocable?

Answer 36

a. A cost is allocable if it is assignable or chargeable to one or more cost objectives on the basis of relative benefits received or other equitable relationship. Subject to the foregoing, a cost is allocable to a Government contract if it—
b. (a) Is incurred specifically for the contract;
c. (b) Benefits both the contract and other work, and can be distributed to them in reasonable proportion to the benefits received; or
d. (c) Is necessary to the overall operation of the business, although a direct relationship to any particular cost objective cannot be shown.

Question 37

4. what is allowable with restrictions (AWR)?

Answer 37

Many cost principles state that specific costs are allowable, but establish restrictions on the amount that can be considered reasonable. When you perform a cost analysis, you cannot allow proposed or actual costs that exceed the limit set forth in the cost principle.

Question 38

5. What is a notice of intent to disallow costs for?

Answer 38

a. (a) At any time during the performance of a contract of a type referred to in 42.802, the cognizant contracting officer responsible for administering the contract may issue the contractor a written notice of intent to disallow specified costs incurred or planned for incurrence. However, before issuing the notice, the contracting officer responsible for administering the contract shall make every reasonable effort to reach a satisfactory settlement through discussions with the contractor.
b. A notice of intent to disallow such costs usually results from monitoring contractor costs. The purpose of the notice is to notify the contractor as early as practicable during contract performance that the cost is considered unallowable under the contract terms and to provide for timely resolution of any resulting disagreement. In the event of disagreement, the contractor may submit to the contracting officer a written response. Any such response shall be answered by withdrawal of the notice or by making a written decision within 60 days.

Question 39

6. What has to be in the notice?

Answer 39

a. Refer to the contract’s Notice of Intent to Disallow Costs clause;
b. (2) State the contractor’s name and list the numbers of the affected contracts;
c. (3) Describe the costs to be disallowed, including estimated dollar value by item and applicable time periods, and state the reasons for the intended disallowance

Question 40

7. What is the difference between the billing rate and final cost rate?

Answer 40

a. Billing rate,” as used in this subpart, means an indirect cost rate—
i. (1) Established temporarily for interim reimbursement of incurred indirect costs; and
ii. (2) Adjusted as necessary pending establishment of final indirect cost rates.
iii. The contracting officer (or cognizant Federal agency official) or auditor responsible under 42.705 for establishing the final indirect cost rates also shall be responsible for determining the billing rates.
iv. (b) The contracting officer (or cognizant Federal agency official) or auditor shall establish billing rates on the basis of information resulting from recent review, previous rate audits or experience, or similar reliable data or experience of other contracting activities. In establishing billing rates, the contracting officer (or cognizant Federal agency official) or auditor should ensure that the billing rates are as close as possible to the final indirect cost rates anticipated for the contractor’s fiscal period, as adjusted for any unallowable costs.
b. Final indirect cost rates shall be established on the basis of—
i. (1) Contracting officer determination procedure (see 42.705-1), or
ii. (2) Auditor determination procedure (see 42.705-2).
iii. (b) Within 120 days (or longer period, if approved in writing by the contracting officer,) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the contractor must submit a completion invoice or voucher reflecting the settled amounts and rates.

Question 41

8. What’s the penalty for contractors who claim unallowable indirect costs?

Answer 41

(2) If the indirect cost was determined to be unallowable for that contractor before proposal submission, the penalty is two times the amount in paragraph (a)(1)(i) of this section. (Disallowed cost)
(b) These penalties are in addition to other administrative, civil, and criminal penalties provided by law.
(c) It is not necessary for unallowable costs to have been paid to the contractor in order to assess a penalty.