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Federal Contract Management > Definitions > Flashcards

Definitions Flashcards

1
Q

FAR Part 1

A

Federal Acquisition Regulation System

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2
Q

FAR PART 2

A

Definitions of Words and Terms

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3
Q

FAR Part 3

A

Improper Business Practices and Personal Conflicts of Interest

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4
Q

FAR Part 4

A

Administrative and Information Matters

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5
Q

FAR Part 5

A

Publicizing Contract Actions

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6
Q

FAR Part 6

A

Competition Requirements

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7
Q

FAR Part 7

A

Acquisition Planning

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8
Q

FAR Part 8

A

Required Sources of Supplies and Services

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9
Q

FAR Part 9

A

Contractor Qualifications

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10
Q

Federal Acquisition Regulations Systems Consists of…

A

FAR, agency acquisition regulations that supplement FAR, DOES NOT include internal agency regulations

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11
Q

guiding principles of the FAR

A

deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives

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11
Q

guiding principles of the FAR

A

deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives

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12
Q

Acquisition Team composition

A

all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services

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13
Q

who maintains and issues the FAR?

A

The FAR is prepared, issued, and maintained, and the FAR System is prescribed jointly by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration, under their several statutory authorities.

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14
Q

Who does the FAR apply to?

A

The FAR applies to all acquisitions as defined in part 2 of the FAR, except where expressly excluded

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15
Q

where is the FAR published?

A

(a) The FAR is published in—
(1) The daily issue of the Federal Register;
(2) Cumulated form in the Code of Federal Regulations (CFR); and
(3) A separate edition available at https://www.acquisition.gov/browse/index/far.

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16
Q

anatomy of the FAR

A

Part>subpart>section>subsection>subdivisions

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17
Q

who revises the FAR?

A

Defense Acquisition Regulation Council (DAR) and Civilian Agency Acquisition Council (CAA)

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18
Q

FAR Secretariat

A

The General Services Administration is responsible for establishing and operating the FAR Secretariat to publish and distribute the FAR through the Code of Federal Regulations system (including a separate online edition with periodic updates).

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19
Q

Agency Acquisition Regulations

A
  • issued by agency head
  • published for comment in Federal Register
  • limited to those necessary to implement the FAR
  • limited to those that supplement the FAR to satisfy specific agency needs
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20
Q

deviations from the FAR

A
  • The issuance or use of a policy, procedure, solicitation provision (see definition in 2.101), contract clause (see definition in 2.101), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR.
  • Individual deviations affect one contract
  • class deviations affect more than one; when permanent, can become a FAR revision
  • authorized by agency heads
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21
Q

ratification of unauthorized commitments

A

approving an unauthorized commitment by an official who has the authority to do so.
head of the contracting agency has authority

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22
Q

ratification is okay when:

A

(1) Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment ;
(2) The ratifying official has the authority to enter into a contractual commitment;
(3) The resulting contract would otherwise have been proper if made by an appropriate contracting officer ;
(4) The contracting officer reviewing the unauthorized commitment determines the price to be fair and reasonable;
(5) The contracting officer recommends payment and legal counsel concurs in the recommendation, unless agency procedures expressly do not require such concurrence;
(6) Funds are available and were available at the time the unauthorized commitment was made; and
(7) The ratification is in accordance with any other limitations prescribed under agency procedures

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23
Q

determination and findings

A

special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The “determination” is a conclusion or decision supported by the “findings.’’ The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation.
for individual contract actions

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24
Q

acquisition

A

the acquiring by contract with appropriated funds of supplies or services (including construction ) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract .

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25
Q

acquisition planning

A

the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost. It includes developing the overall strategy for managing the acquisition .

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26
Q

Activity Address Code (AAC)

A

distinct six-position code consisting of a combination of alpha and/or numeric characters assigned to identify specific agency offices, units, activities, or organizations by the General Services Administration for civilian agencies and by the Department of Defense for defense agencies.

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27
Q

Adequate evidence

A

information sufficient to support the reasonable belief that a particular act or omission has occurred.

28
Q

advisory and assistance services

A

those services provided under contract by nongovernmental sources to support or improve: organizational policy development; decision-making; management and administration; program and/or project management and administration; or R&D activities. It can also mean the furnishing of professional advice or assistance rendered to improve the effectiveness of Federal management processes or procedures (including those of an engineering and technical nature). In rendering the foregoing services, outputs may take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day -to-day aid of support personnel needed for the successful performance of ongoing Federal operations. All advisory and assistance services are classified in one of the following definitional subdivisions:

29
Q

affiliates

A

associated business concerns or individuals if, directly or indirectly either one controls or can control the other; or third party controls or can control both, except as follows:

30
Q

agency head

A

the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency , unless otherwise indicated, including any deputy or assistant chief official of an executive agency .

31
Q

Alternate

A

substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).

32
Q

Assignment of claims

A

the transfer or making over by the contractor to a bank, trust company, or other financing institution, as security for a loan to the contractor, of its right to be paid by the Government for contract performance.

33
Q

assisted acquisition

A

a type of interagency acquisition where a servicing agency performs acquisition activities on a requesting agency ‘s behalf, such as awarding and administering a contract , task order , or delivery order .

34
Q

best value

A

the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

35
Q

bid sample

A

a product sample required to be submitted by an offeror to show characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the solicitation (e.g., balance, facility of use, or pattern).

36
Q

biobased product

A

a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products , including renewable domestic agricultural materials and forestry materials.

37
Q

broad agency announcement

A

a general announcement of an agency’s research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government’s needs (see 6.102(d)(2)).

38
Q

building or work

A

construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing, and landscaping. The manufacture or furnishing of materials, articles, supplies , or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies , or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not “building” or “work” within the meaning of this definition unless conducted in connection with and at the site of such building or work as is described in the foregoing sentence, or under the United States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the project.

39
Q

bundling

A

subset of consolidation that combines two or more requirements for supplies or services, previously provided or performed under separate smaller contracts (see paragraph (2) of this definition), into a solicitation for a single contract , a multiple-award contract , or a task or delivery order that is likely to be unsuitable for award to a small business concern (even if it is suitable for award to a small business with a Small Business Teaming Arrangement ) due to—

40
Q

certified cost or pricing data

A

“cost or pricing data “ that were required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accordance with 15.406-2. This certification states that, to the best of the person’s knowledge and belief, the cost or pricing data is accurate, complete, and current as of a date certain before contract award. Cost or pricing data is required to be certified in certain procurements ( 10 U.S.C. 2306a and 41 U.S.C. chapter 35).

41
Q

change order

A

written order, signed by the contracting officer , directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor’s consent.

42
Q

chief of mission

A

the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.

43
Q

claim

A

a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract . However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice , or other routine request for payment that is not in dispute when submitted is not a claim . The submission may be converted to a claim , by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

44
Q

classified acquisition

A

an acquisition in which offerors must have access to classified information to properly submit an offer or quotation, to understand the performance requirements, or to perform the contract .

45
Q

cognizant federal agency

A

the Federal agency that, on behalf of all Federal agencies, is responsible for establishing final indirect cost rates and forward pricing rates, if applicable, and administering cost accounting standards for all contracts in a business unit .

46
Q

Commercial and Government Entity (CAGE) Code

A

An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

       (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
47
Q

consent to subcontract

A

the contracting officer ’s written consent for the prime contractor to enter into a particular subcontract.

48
Q

construction

A

construction , alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction , alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property (except that for use in subpart 22.5, see the definition at 22.502).

49
Q

continued portion of the contract

A

the portion of a contract that the contractor must continue to perform following a partial termination .

50
Q

contract

A

mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction ) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing . In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.6301, et seq. For discussion of various types of contracts, see part 16.

51
Q

contracting officer

A

a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer . “Administrative contracting officer (ACO)” refers to a contracting officer who is administering contracts. “Termination contracting officer (TCO)” refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas.

52
Q

cost or pricing data

A

all facts that, as of the date of price agreement, or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental; and are verifiable. While they do not indicate the accuracy of the prospective contractor’s judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. Cost or pricing data are more than historical accounting data; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred

53
Q

cost sharing

A

an explicit arrangement under which the contractor bears some of the burden of reasonable, allocable, and allowable contract cost

54
Q

debarrment

A

action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is “debarred.”

55
Q

delivery order

A

an order for supplies placed against an established contract or with Government sources.

56
Q

design-to-cost

A

a concept that establishes cost elements as management goals to achieve the best balance between life-cycle cost, acceptable performance, and schedule. Under this concept, cost is a design constraint during the design and development phases and a management discipline throughout the acquisition and operation of the system or equipment.

57
Q

direct acquisition

A

a type of interagency acquisition where a requesting agency places an order directly against a servicing agency ’s indefinite-delivery contract . The servicing agency manages the indefinite-delivery contract but does not participate in the placement or administration of an order.

58
Q

earned value management system

A

project management tool that effectively integrates the project scope of work with cost, schedule and performance elements for optimum project planning and control. The qualities and operating characteristics of an earned value management system are described in Electronic Industries Alliance Standard 748 (EIA-748), Earned Value Management Systems. (See OMB Circular A-11, part 7.)

59
Q

environmentally preferable

A

products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition , production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

60
Q

excess personal property

A

any personal property under the control of a Federal agency that the agency head determines is not required for its needs or for the discharge of its responsibilities.

61
Q

final indirect cost rate

A

the indirect cost rate established and agreed upon by the Government and the contractor as not subject to change. It is usually established after the close of the contractor’s fiscal year (unless the parties decide upon a different period) to which it applies. For cost-reimbursement research and development contracts with educational institutions, it may be predetermined; that is, established for a future period on the basis of cost experience with similar contracts, together with supporting data.

62
Q

forward pricing rate agreement

A

written agreement negotiated between a contractor and the Government to make certain rates available during a specified period for use in pricing contracts or modifications. These rates represent reasonable projections of specific costs that are not easily estimated for, identified with, or generated by a specific contract , contract end item, or task. These projections may include rates for such things as labor, indirect costs, material obsolescence and usage, spare parts provisioning, and material handling.

63
Q

information and communication technology (ICT)

A

information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include but are not limited to the following: Computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and electronic documents.

64
Q

information technology

A

any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition , storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

65
Q

standards of conduct

A

include

  • any agency exceptions to the “no gifts/bribes etc” FAR subpart
  • disciplinary measures for violation
  • requirements for employee financial disclosures
66
Q

prohibition on former official’s acceptance of compensatio

A

A former official of a Federal agency may not accept compensation from a contractor that has been awarded a competitive or sole source contract , as an employee, officer, director, or consultant of the contractor within a period of 1 year after such former official had key role in 10m plus award

67
Q

buying - in

A

submitting an offer below anticipated costs, expecting to-

       (1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or
       (2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract .
68
Q

whistleblower protections

A

Government contractors shall not discharge, demote or otherwise discriminate against an employee as a reprisal for disclosing information to a Member of Congress, or an authorized official of an agency or of the Department of Justice, relating to a substantial violation of law related to a contract (including the competition for or negotiation of a contract ).

Federal Contract Management (1 decks)

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