Contracting Test 1 Flashcards
major categories of acquisition (4 types)
a. Supplies and equipment
b. Services
c. Construction
d. R&D
- The three major phases of contracting
a. Contract Planning (Working w/customer)
i. Market research
ii. Planning for Competition
iii. Describing agency needs
b. Contract Formation (Execution)
i. Solicitation
ii. Negotiation of contract terms
iii. Prepare and award
c. Contract Administration (Assessment)
i. All post award activities
The basic types of KOs
a. Procuring Contracting Officer (PCO)
i. KO primarily engaged in awarding contracts
b. Administrative Contracting Officer (ACO)
i. Primarily engaged in administering contracts (Post Award)
c. Termination Contracting Officer (TCO)
i. Primarily engaged in Terminating Contracts
E-Business
Mandated in DoD Directive 8190.2;
i) Promotes the integration of electronic business/electronic commerce(EB/EC) into business processes
ii) Uses electronic business processes that employ EB/EX to support all DoD Operations
i) The “Government¬-wide point of entry (GPE)” for posting of Government business opportunities greater than $25,000 to advertise upcoming business opportunities
b) Federal Business opportunities (FedBizOpps)
c) System for Award Management (SAM)
i) SAM is the Official U.S. Government system that consolidated the capabilities of
(1) CCR (Central Contractor Registration)
(2) Federal Agency Registration (Fedreg)
(3) ORCA (On-line Representations and Certifications)
(4) EPLS (Excluded Parties List System)
ii) SAM is the primary vendor database for the U.S. Government.
iii) SAM collects, validates, stores, and disseminates data in support of agency acquisition missions. Both current and potential government vendors are required to register in SAM in order to be awarded contracts by the government.
d) Contractor’s Performance Assessment Review System (CPARS)
i) Provides access to Government personnel about contractors and their performance
ii) May be used as a source selection tool when selecting a competitive contractor
Standard Procurement System (SPS)
i) The Department of Defense’s Standard Procurement System (SPS) program was created to bring the advantages of automation and standardization to the procurement process throughout DoD
ii) Primary software application sustained is Procurement Desktop Defense or PD Squared (PD2)
Virtual Contracting Enterprise (Army)
i) Acquisition Source Selection Interactive Support Tool (ASSIST) is an electronic, web-based, tool used to aid Best Value Source Selection Evaluation Boards (SSEBs) in conducting source selections at the unclassified level.
ii) The VCE modules (VCE-AM and VCE-TDA) are a collection of automation/efficiency web-tools which streamline the data collection efforts of the organization while reducing the administrative burden of entering data on the workforce.
iii) VCE-BI (Business Intelligence) is a robust, dynamic tool that provides reporting functionality on data from VCE applications and other systems (FPDS-NG and ACBIS), and includes executive level dash boarding.
iv) Paperless Contract Files (PCF) is a virtual contracting office. It’s a secure, web-based application that enable Acquisition Professionals to store, edit, send for review and approval, and archive as official records the contractual files that they work with everyday.
and challenges of technology in supporting business functions
i) Maintenance and upgrades of systems and software
ii) Training
iii) “Information Overload” and knowledge management
iv) Interoperability of systems and software
v) Cross-functional coordination and cooperation
vi) Security
benefits of technology in supporting business functions
i) Standardization helps the contractors understand DoD contracts, i.e.. They look the same
ii) Saves a lot of money and space as paper, filing, copying, mailing is reduced
iii) Accuracy is much higher
iv) Increases accessibility to information
Impact of using inaccurate data in support of business processes
a) Mismatched databases
b) Late and inaccurate payments
c) Inaccurate DoD financial statements
Anti Deficiency Act
a) Basic fiscal law prohibits:
i) Spending it before Congress approves it (ADA)
ii) Spending more money than approved (ADA)
iii) Spending for purposes other than those approved by Congress (Misappropriations Act)
b) Violations of these prohibitions can result in:
i) Administrative penalties
ii) Criminal sanctions if circumstances warrant
Misappropriation Act
US Code, Title 31, Section 1301, which deals with the application of monies appropriated by Congress, requires funds be used only for programs and purposes for which the appropriation is made
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
rulemaking process
a) The process of creating and issuing federal regulations is called the “rulemaking process”
b) Begins when legislation is passed or an executive order is issued that requires regulatory implementation
c) Responsible agency creates and publishes a “proposed rule” in the Federal Register
goal of the FAR System
a) The FAR system will:
b) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example-
c) Maximizing the use of commercial products and services;
d) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and
e) Promoting competition
f) Minimize administrative operating costs
g) Conduct business with integrity, fairness, and openness; and
h) Fulfill public policy objectives
How many “parts” does the FAR contain?
53
How many “subparts” does the FAR contain?
8
The FAR Matrix is located in what FAR Part
Part 52
52.301
Adds to information that exists in the FAR already
Implementation
Adds information that is not already found in the FAR
Supplementation
a) Affect more than one contract action
b) A FAR revision should be requested if an agency knows it will require a class deviation on a permanent basis
c) Civilian agencies, other than NASA, must furnish copy of approved deviation to the FAR Secretariat
Class Deviation
a) Affect only one contract action
b) May be authorized by the Agency Head unless FAR 1.405(e) is applicable
c) Justification and agency approval must be documented in the contract file
Individual Deviation
When does Acq planning begin
As soon as the need is identified
Who is responsible for acquisition planning
The agency head, PM or other designee responsible for the program
Market Research Far part
10
collecting and analyzing information about capabilities within the market to satisfy agency needs
Market Research
Types of Market Research
- Strategic market research
a. On-going
b. Not specific - Tactical market research
a. Focused
b. Specific
Benefits of Market Research
Disclose any law or regulation that applies
If the supply or service is readily available
If research and development is required
If DoD is currently buying this supply/service
Risk
If supply/service is on the government required sources list
Describing Agency Needs
Far Part 11
Extent of Market Research
varies depending upon factors such as: Urgency Estimated dollar value Complexity Past experience Amount of info already available
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
Commercial Item
An item that was developed expressly for government use, as long as the contractor paid for all of the developmental costs, and the item is sold in substantial quantities, on a competitive basis, to multiple government offices (State and Federal)
NDI
Sources for Market Research
System for Award Management-www.sam.gov FedBizOps Catalogs Trade shows Historical acquisition data GSA Advantage – Federal Supply Schedules Electronic Document Access (EDA)
Far Part 8
Required Sources of Supplies and services
Far Part 19
Small Business Programs
Gov’t. Sources for Supplies
FAR 8.002(1) – Supplies
- Agency Inventories
- Excess from other agencies
- Federal Prison Industries, Inc. (Also known as UNICOR)
- People Who Are Blind or Severely Disabled (NIB/NISH or Ability One)
- Wholesale Supply Sources (www.gsaglobalsupply.gov)
- Mandatory Federal Supply Schedule (www.gsaadvantage.gov)
- Optional use Federal Supply Schedules
- Commercial Sources
Gov’t Sources for Services
FAR 8.002(2) Services -
- People Who Are Blind or Severely Disabled (NIB/NISH or Ability One)
- Mandatory Federal Supply Schedule (www.gsaadvantage.gov)
- Optional use Federal Supply 4. Schedules
- Commercial Sources
Task Order or Delivery Order contracts established by one Agency for use by Government Agencies to obtain a variety of supplies and services. The Economy Act (FAR 17.5>) applies to orders placed under MACs, with the exception of MACs for information technology established pursuant to the Clinger-Cohen Act
MACs - Multi-agancy contracts
Task Order or Delivery Order contracts for information technology established by one Agency for Government wide use. The Office of Management and Budget (OMB), pursuant to section 5112(e) of the Information Technology Management Reform Act (ITMRA) and better known as the Clinger-Cohen Act, designates an Executive Agent to operate each GWAC. The Economy Act does not apply when placing orders under GWACs
GWACs - Government-wide acquisition contracts
Program provides business development assistance to companies owned by socially and economically disadvantaged individuals
8(a) Program
Benefits of program participation is the opportunity to receive “sole source” contracts (not exceeding $6.5 million for goods and services, and $4 million for manufacturing from Government agencies and the opportunity to bid for 8(a) set-aside contracts
Participants remain in the program for 9 year
Government Policy concerning Small Business Concerns
“….provide maximum practicable opportunities in [Government] acquisitions to small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.”
FAR 19.201
Far Part 6
Competition Requirements
Competition Policy
Contracting Officers SHALL promote and provide for full and open competition in soliciting offers and awarding Government contracts
Other than Full and Open Competition
Sole Source
Limited competition required to meet requirements
Seven statutory exceptions
Competition Advocate and what are they responsible for
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
Dollar thresholds for J&A approval
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
Competition in Contracting Act
provides for full and open competition
What document is required for other than full and open competition
Justification and Approval (J&A)
Requires approvals
Technical and Requirements personnel are responsible for submitting J&A
“…a contractor under a small business set-aside or 8(a) contract shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern (see 13 CFR 121.406).”
Nonmanufacture Rule - FAR 19.001
When using simplified acquisition the KO must not:
________________ or ________________
Solicit quotations based on personal preference
Restrict solicitation to suppliers of well-known and widely distributed makes or brands
When using simplified acquisition the KO must_______ and ________________ unless the acquisition requires synopsizing:
Consider soliciting at least 3 sources
Use at least 2 quotes from two sources not used before
Three types of competition:
Full and Open Competition
All responsible sources permitted to compete
Full and Open Competition After Exclusion of Sources
Set-Asides for Small Business Concerns
8(a) Programs
Other Than Full and Open Competition
Sole Source
Limited competition required to meet requirements
Seven statutory exceptions
The _______ is the source of the Government’s contracting powers
Constitution
EPLS
(4) EPLS (Excluded Parties List System)
WAWF
Wide Area Work Flow – Receipts and Acceptance (WAWF-RA)
Paperless Contracting DoD-wide application designed to eliminate paper from the receipts and acceptance process of the DoD contracting lifecycle
DPAP
Defense Procurement and Acquisition Policy (DPAP)
Overseas the the Defense Acquisition Regulations (DAR) Council
OFPP
Office of Federal Procurement Policy (OFPP)
Established by Congress in 1974 to provide overall direction for government-wide procurement policies, regulations and procedures and to promote economy, efficiency and effectiveness in acquisition processes
Appointed by the President, confirmed by the Senate
SAM
c) System for Award Management (SAM)
i) SAM is the Official U.S. Government system that consolidated the capabilities of
(1) CCR (Central Contractor Registration)
(2) Federal Agency Registration (Fedreg)
(3) ORCA (On-line Representations and Certifications)
(4) EPLS (Excluded Parties List System)
ii) SAM is the primary vendor database for the U.S. Government.
iii) SAM collects, validates, stores, and disseminates data in support of agency acquisition missions. Both current and potential government vendors are required to register in SAM in order to be awarded contracts by the government.
Exceptions to Sole Source
7
- 302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements
- 302-2 - Unusual and compelling urgency
- 303-3 - Industrial mobilization; engineering, developmental, or research capability; or expert services
- 302-4 – International Agreement
- 302-5 – Authorized or required by statute
- 302-6 – National security
- 302-7 – Public Interest
Which branch:
Appoints Head of Agencies
Appoints Federal Judges
Signs / Issues Executive Orders
Majority of Acquisition performed by Executive Agencies
Executive
Which Branch:
Senate, House of Representatives and GAO Establishes Laws Approves the President's Budget Authorize & Appropriate Sole power to authorize payments from the US Treasury Legislative Controls Confers budget authority to each agency
Legislative
Which Branch?
Case Law
Interprets law
Resolve dispute
Judicial
