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Acquisition Course Module 1 > Contracting Test 1 > Flashcards

Contracting Test 1 Flashcards

1
Q

Heart of the American Legal System

A

Constitution

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2
Q

3 Branches of Government

A

Legislative
Executive
Judicial

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3
Q

Which Branch of Government is Contracting under

A

Executive Branch

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4
Q

Legislative Branch

A

Authorize and appropriate the budget

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5
Q

Judicial Branch

A

Interprets the law

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6
Q

Executive Branch

A

Appoints the head

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7
Q

OFPP

A

Office of Federal Procurement Policy

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8
Q

What does the OFPP do?

A

provide overall direction for government-wide procurement policies, regulations and procedures and to promote economy, efficiency and effectiveness in the acquisition processes

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9
Q

DPAP

A

Director of Defense Procurement and Acquisition Policy (DPAP)

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10
Q

DPAP oversees the…

A

Defense Acquisitions Regulations (DAR) Council

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11
Q

DAR council has the sole responsibility for….

A

maintaining the DoD Federal Acquisition Regulation Supplement (DFARS) and the Procedures, Guidance, and Information (PGI)

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12
Q

Two councils that maintain the FAR

A
  1. DAR Council

2.

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13
Q

4 Major Categories of AC

A

Supplies and equipment
Services
Construction
Research and Development

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14
Q

3 Phases of Contracting

A

Contract Planning
Contract Formation
Contract Administration

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15
Q

Contract Planning (working with the customer) includes

A

Market Research
Planning for Competition
Describing agency needs

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16
Q

Contract Formation (Execution)

A

Solicitation
Negotiation of contract terms
Prepare and award

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17
Q

Contract Administration (Assessment)

A

All post award activities

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18
Q

Types of Contracting Officers

A

Procuring Contract. Off
Administrative Contract. Off
Termination Contract. Off

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19
Q

Procuring Contracting Officer

A

Engaged in awarding contracts

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20
Q

Administrative Contracting Officer

A

Engaged in administering the contract

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21
Q

Termination Contracting Officer

A

Engaged in terminating contracts

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22
Q

Eyes and Ears of the KO

A

Contracting Officer’s Representative

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23
Q

COR is nominated by who?

A

PM

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24
Q

COR is appointed by who?

A

KO

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25
Q

Christian Doctrine

A

Legal rule providing that clauses required by regulation to be included in government contracts will be read into a contract whether or not physically included in the contract, unless a property deviation from the regulations has been obtained

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26
Q

Types of Contracting Authority

A

Express
Implied
Apparent

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27
Q

Express Authority

A
  • Contracting Officer authority through formal appointment
  • Authority is limited
  • Appointed on an SF 1402 (warrant)
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28
Q

Authority type that is not recognized in the Government

A

Apparent Authority

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29
Q

Unauthorized Commitment

A

an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government

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30
Q

Federal Business Opportunities (FedBizOpps)

A

Government wide point of entry for posting of Government business opportunities greater than $25,000 to advertise upcoming business opportunities

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31
Q

SAM

A

System for Award Management

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32
Q

Primary vendor database for the U.S. Government

A

SAM

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33
Q

CPAR

A

Contractor’s Performance Assessment Review System

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34
Q

Paperless Contracting

A

Wide Area Workflow - Receipts and Acceptance

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35
Q

Benefits of e-business

A

Standardization
Saves money and space
Increase accuracy
Increase accessibility to info

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36
Q

Challenges of e-business

A

Maintenance and system upgrade

Training

Info Overload

Interoperability of systems and software

Cross functional coordination and cooperation

Security

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37
Q

Phases of the Budget Cycle

A

Planning/Preparation
Programming
Budgeting
Execution

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38
Q

Who governs the appropriation process?

A

Congress

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39
Q

Appropriation Act

A

Provides budgetary authority for a particular purpose

Allows federal agencies to incur obligations and authorize payments from Treasury

Annual Fiscal Year Basis

40
Q

5 types of Money

A

Research, Development, Test and Evaluation (2 yrs)

Operations and Maintenance (1 year)

Military Personnel (1 year)

Military Construction (5 years)

Procurement (3 years)

41
Q

Anti-Deficiency Act

A

Basic fiscal law prohibits:
- Spending it before
Congress approves it (ADA)
- Spending more money than approved (ADA)

42
Q

Misappropriation Act

A

Basic fiscal law prohibits:

- Spending for purposes other than those approved by Congress (Misappropriations Act)

43
Q

Bona Fide Need Rule

A

A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some cases arising prior to but continuing to exist in, the fiscal year for which the appropriation was made.

44
Q

Violation(s) of the Bona Fide Need Rule

A

Stockpiling

Wrong year monies

45
Q

Funds holders

A

RM

46
Q

Payment specialists

A

DFAS

47
Q

FAR is split into how many subchapters?

A

8

48
Q

Define implement

A

adds to information that exists in the FAR already

49
Q

Define supplement

A

add information that is not already found in the FAR

50
Q

DFARS PGI contains…

A

mandatory internal DoD procedures

non-mandatory internal DoD procedures and guidance and supplemental info that can be used at the discretion of the KO

51
Q

What implements and supplements the FAR?

A

DFARS

52
Q

Type of Deviations

A

Individual Deviation

Class Deviation

53
Q

Individual Deviation

A

Affect only one contract action

54
Q

Class Deviation

A

Affect more than one contract action

55
Q

Rulemaking Process

A

The process of creating and issuing federal regulations

56
Q

Goal of the FAR system

A

Satisfy the customer in terms of cost, quality and timeliness of the delivered product or service

57
Q

How many parts does the FAR contain?

A

53

58
Q

When does Acquisition Planning begin?

A

Begin as soon as the agency need is identified

59
Q

Who is responsible?

A

The agency head, PM or other official designee responsible for the program

60
Q

Market Research

A

FAR Part 10

61
Q

Types of Market Research

A

Strategic Market Research

Tactical Market Research

62
Q

Strategic Market Research

A

On-going, not specific

63
Q

Tactical Market Research

A

Focused, specific

64
Q

Extent of Market Research will vary depending on….

A
  • Urgency
  • Estimated Dollar Value
  • Complexity
  • Past Experience
  • Amount of Info already available
65
Q

Results of Market Research

A

Understanding of the activity’s requirements

Promotes competition

66
Q

FAR Part 11

A

Describing Agency Needs

67
Q

FAR Part 12

A

Commercial Items

68
Q

What is a commercial item?

A

Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and…

  • Has been sold, leased, or licensed to the general public; or,
  • Has been offered for sale, lease or license to the general public
  • Additional specs for commercial items in FAR Part 10
69
Q

NDI

A

Non-Developmental Items; An item that was developed expressly for government use, as long as the contractor paid for all developmental costs, and the item is sold in substantial quantities, on a competitive basis to multiple offices

70
Q

Challenges of buying government unique items

A
  1. New specifications may be needed
  2. Development time required
  3. Technical and cost uncertainties
  4. Less competition
  5. New technology that has to be tested
  6. Fewer quantities
  7. Higher cost, more administrative burden
71
Q

Potential Sources of Information

A

System for Award Management (SAM)

FedBizOps

Catalogs
Tradeshops
GSA Advantage
Electronic Document Access

72
Q

FAR Part 7

A

Acquisition Planning

73
Q

Priorities of Gov Sources for Supplies

A
  1. Agency inventories
  2. Excess from other agencies
  3. Federal Prison Industries (UNICOR)
  4. People Who are Blind or Severely Disabled
74
Q

Priorities of Gov Sources for Services

A
  1. People who are Blind or Severely Disabled (NIB/NISH or Ability One)
  2. Mandatory Federal Supply Schedule
  3. Optional use Federal Supply Schedules
75
Q

MACs

A

Multi-agency contracts; contracts established by one Agency for use by Government Agencies to obtain a variety of supplies and services, only exception is information technology

76
Q

GWACs

A

Government-wide acquisition contracts; contracts for information technology

77
Q

Economy Act

A

Gives us the authority to use another organization to obtain supplies or services that we need

78
Q

Economy Act does not apply to who/what?

A

GSA and Government Wide Agency Contracts (GWAC)

79
Q

Examples of Small Businesses

A
  • Women Owned SB
  • Small Disadvantaged Business
  • HUBZone SB
  • Veteran Owned SB
  • Service Disabled Veteran Owned
80
Q

Small Business Policy

A

…provide maximum practicable opportunities in acquisitions to small businesses

81
Q

Small Business 8(a)

A

The 8(a) Program provides business development assistance to companies owned by socially and economically disadvantaged individuals

82
Q

Benefits of the 8(a) Program

A

the opportunity to receive “sole source” contracts

83
Q

Selection Process for 8(a) participation

A

SBA advises an agency
contracting activity through a search letter of an 8(a) firm’s capabilities

SBA identifies a specific requirement for a particular 8(a) firm or firms and asks the agency contracting activity to offer the acquisition to the 8(a) Program for the firm(s)

Agency initiated by reviewing other proposed acquisitions for the purpose of identifying requirements which may be offered to the SBA

84
Q

FAR Part 6

A

Competition Requirements

85
Q

Competition Policy

A

KOs SHALL promote and provide for full and open competition in soliciting offers and awarding Government contracts

86
Q

CICA

A

Competition (in) Contracting Act; established requirement to use “competitive procedures” in acquiring supplies/services

87
Q

Types of competition

A
  1. Full and Open Competition
  2. Full and Open Competition After Exclusion of Sources
  3. Other Than Full and Open Competition
88
Q

Full and Open Competition

A

All responsible sources permitted to compete

89
Q

Full and Open Competition After Exclusion of Sources

A

Small Business Concerns

8(a) Programs

90
Q

Other than Full and Open Competition

A

Sole Source

91
Q

How many exceptions to Full and Open Competition?

A

7

92
Q

Contracting Officer SHALL NOT commence sole source negotiation without a …

A

J&A (Justification and Approval)

93
Q

KO must promote competition:

A
  • to the maximum extent practicable

- select offer is the most advantageous to the government

94
Q

What Act provides for full and open competition?

A

CICA; Competition in Contracting Act

95
Q

What are the dollar thresholds for J&A approval?

A

Not Exceeding $700K – Contracting Officer

Over $700K - $13.5 Million – Competition Advocate for the procuring activity (not delegable)

Over $13.5 Million – $93 Million – Head of the Contracting Activity

Over $93 Million – Under Secretary of Defense for AL&T

96
Q

What is the Competition Advocate and what are they responsible for?

A

Designated at the agency and each procuring activity

Promotes the acquisition of commercial items

Promotes full and open competition

Helps the agency to meet their small business goals

Recommends a system of personal and organizational accountability for competition

97
Q

Policy for providing full and open competition

A

FAR 6.1

Acquisition Course Module 1 (18 decks)

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