Far Flashcards
What is the FAR system?
Acquisition
Agency supplement and implement
The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies.
What is the vision for federal acquisition? Re: FAR 1.102(a)
P2OT TIME AND VALUE
The vision for the Federal Acquisition System is to 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. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility.
What are the guiding principles? FAR 1.102 (b)
cost, quality, and timeliness
commercial product use
successful past performance
admin cost decrease
integrity, fairness, and openness Fulfill public policy objectives
(1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example— (i) Maximizing the use of commercial products and services; (ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and
(iii) Promoting competition;
integrity, fairness, and openness Fulfill public policy objectives
Who is on the acquisition team and what are their roles? 1
PIBJ
SNAC
The Acquisition Team consists of 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. Re: FAR 1.102(c)
Who is on the acquisition team and what are their roles? 2
PIBJ
SNAC
•The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer’s needs. Re: FAR 1.102(d)
Who is on the acquisition team and what are their roles? 3
PIBJ
SNAC
•Government members of the Team must be empowered to make acquisition decisions within their areas of responsibility, including selection, negotiation, and administration of contracts consistent with the Guiding Principles. In particular, the contracting officer must have the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract. Re: FAR 1.102-4(a)
Can you do something not specifically required or allowed by the FAR? 1
FAR, nor prohibited by law (statute or case law), Executive order or other regulation and use PIBJ
FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Team to innovate and use sound business judgment
Re: FAR 1.102-4(e)
Can you do something not specifically required or allowed by the FAR? 2
Deviations from the FAR may be granted when necessary to meet the specific needs and requirements of each agency. The development and testing of new techniques and methods of acquisition should not be stifled simply because such action would require a FAR deviation. FAR 1.4
Can you do something not specifically required or allowed by the FAR? 3
inconsistent with the FAR.
contract clause when its prescription requires its use.
contract clause with modified or alternate
language that is not authorized by the FAR.
•“Deviation” means any one or combination of the following: –The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. –The omission of any solicitation provision or contract clause when its prescription requires its use.
–The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR.
FAR 1.4
Can you do something not specifically required or allowed by the FAR? 4
•There are two types of deviations. An individual deviation may be issued for one specific contract action or a class deviation for a class of contract actions. Re: FAR 1.4
How is the FAR arranged? 1
The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections. Re: FAR 1.105-2(a)
•This regulation may be referred to as the Federal Acquisition Regulation or the FAR. Re: FAR 1.105-2(c)(2)
How is the FAR arranged? 2
•Example: 9.106-4(d) –Part would be “FAR Part 9”. –Subpart would be “FAR Subpart 9.1”. –Section would be “FAR 9.106”. –Subsection would be “FAR 9.106-4”. –Paragraph would be “FAR 9.106-4(d)”.
FAR conventions 1
Definitions in Part 2 apply to the entire regulation unless specifically defined in another part, subpart, section, provision, or clause. Words or terms defined in a specific part, subpart, section, provision, or clause have that meaning when used in that part, subpart, section, provision, or clause. Undefined words retain their common dictionary meaning. Re: FAR 1.108(a)
FAR conventions 2
Definitions in Part 2 = entire regulation unless specifically defined in another part
specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options
FAR changes on date or after
imperative sentence directs action
•Unless otherwise specified, a specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options. If the action establishes a maximum quantity of supplies or services to be acquired or establishes a ceiling price or establishes the final price to be based on future events, the final anticipated dollar value must be the highest final priced alternative to the Government, including the dollar value of all options. Re: FAR 1.108(c)
FAR conventions 3
Definitions in Part 2 = entire regulation unless specifically defined in another part
specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options
FAR changes on date or after
imperative sentence directs action
- FAR changes apply to solicitations issued on or after the effective date of the change. Re: FAR 1.108(d)(1)
- When an imperative sentence directs action, the contracting officer is responsible for the action, unless another party is expressly cited. Re: FAR 1.108(f)
What are “threshold adjustments”? 1
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
FAR Council periodically adjusts all statutory acquisition-related dollar thresholds in the FAR for inflation, except:
–thresholds established by the Davis-Bacon Act, the Service Contract Act of 1965, or the United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
What are “threshold adjustments”? 2
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
•This adjustment is calculated every 5 years, starting in October 2005, using the Consumer Price Index (CPI) for all-urban consumers.
What are “threshold adjustments”? 3
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
•A matrix showing calculation of the most recent escalation adjustments of statutory acquisition-related dollar thresholds is available via the Internet at http://www.regulations.gov.
Re: FAR 1.109
How is the FAR maintained? 1
NASA SECDEF GSA ADMIN
The FAR is prepared, issued, and maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration.
Re: FAR 1.103(b)
How is the FAR maintained? 2
FEDERAL REGISTER DAILY
CODE OF FEDERAL REGS (CFR)
PAPER
•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 loose-leaf edition.
Re: FAR 1.105-1
How is the FAR maintained? 3
DAR COUNCIL CAA COUNCIL
•The FAR is maintained by the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council)
Re: FAR 1.201-1(a)
How is the FAR maintained 4
RSC
PRS
Each council shall be responsible for—
(1) Agreeing on all revisions with the other council;
(2) Submitting to the FAR Secretariat the information required for publication in the Federal Register of a notice soliciting comments on a proposed revision to the FAR;
How is the FAR maintained 5
RSC
PRS
(3) Considering all comments received in response to notice of proposed revisions;
(4) Arranging for public meetings;
How is the FAR maintained 6
RSC
PRS
(5) Preparing any final revision in the appropriate FAR format and language; and
(6) Submitting any final revision to the FAR Secretariat for publication in the Federal Register and printing for distribution
How is the FAR maintained 7
GSA ADMIN GOES TO CFR
The General Services Administration is responsible for establishing and operating the FAR Secretariat to print, publish, and distribute the FAR through the Code of Federal Regulations system (including a loose-leaf edition with periodic updates).
•Additionally, the FAR Secretariat shall provide the two councils with centralized services for—
How is the FAR maintained 8
CURRENT STATUS
FILE KEEPER AND MAINTANANCE
CONTEMPLATED CASE REVIEW
(1) Keeping a synopsis of current FAR cases and their status;
(2) Maintaining official files;
(3) Assisting parties interested in reviewing the files on completed cases; and
(4) Performing miscellaneous administrative tasks pertaining to the maintenance of the FAR.
Re: 1.201-2
How do agencies and the public participate in setting acquisition policies and procedures 1
WRITTEN SIG REVISIONS 30 TO 60 DAY COMMENTS
Views of agencies and nongovernmental parties or organizations will be considered in formulating acquisition policies and procedures.
•The opportunity to submit written comments on proposed significant revisions shall be provided by placing a notice in the Federal Register. A minimum of 30 days and, normally, at least 60 days will be given for the receipt of comments.
How do agencies and the public participate in setting acquisition policies and procedures2
NO SIG REVISIONS NO SOLICITED COMMENTS
CAN CONSIDER UNSOLICITED RECOMMENDATIONS
- Comments need not be solicited when the proposed coverage does not constitute a significant revision.
- Consideration shall also be given to unsolicited recommendations for revisions that have been submitted in writing with sufficient data and rationale to permit their evaluation.
How do agencies and the public participate in setting acquisition policies and procedures 3
PUBLIC MEETINGS TO adopt, amend, or delete FAR coverage
•Public meetings may be appropriate when a decision to adopt, amend, or delete FAR coverage is likely to benefit from significant additional views and discussion.
Re: FAR 1.5
How do agencies and the public participate in setting acquisition policies and procedures? 4
Agencies may issue agency acquisition regulations that implement or supplement the FAR and incorporate, together with the FAR, agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process.
How do agencies and the public participate in setting acquisition policies and procedures? 5
AGENCY REGS SUBORDINATE AND FOR INTERNAL OPERATING PROCEDURES
Agency acquisition regulations shall not—
Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR or higher-level agency acquisition regulations; or
Conflict or be inconsistent with FAR content.
Agency acquisition regulations are published for comment in the Federal Register when they have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors.
What are the Contracting Officer’s 1
authorities and responsibilities? (cont’d)
POWER INVESTED IN AGENCY HEAD
CO ENTER CONTRACTS
CO enters into, administer, or terminate contracts and d&f and bind contracts
Authority and responsibility to contract for authorized supplies and services are vested in the agency head.
Contracts may be entered into and signed on behalf of the Government only by contracting officers.
Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.
What are the Contracting Officer’s 2
authorities and responsibilities? (cont’d)
CO MUST CHECK law, EO, regs, procedures, including clearances and approvals
No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.
Re: FAR 1.6
What are the Contracting Officer’s 3
authorities and responsibilities? (cont’d)
CO ENSURES PERFORMANCE AND TERMS AND CONDITIONS
Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment.
What are the Contracting Officer’s 4
authorities and responsibilities? (cont’d)
CO CHECKS 1.602-1(b) AND SUFFICIENT FUNDS AVAILABLE
Ensure that contractors receive impartial, fair, and equitable treatment; and
Contracting officers shall—
Ensure that the requirements of 1.602-1(b) have been met, and that sufficient funds are available for obligation;
Ensure that contractors receive impartial, fair, and equitable treatment; and
What are the Contracting Officer’s 5
authorities and responsibilities? (cont’d)
CO GETS advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate.
“Ratification,” Means the act of approving an unauthorized commitment
Request and consider the advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate.
“Ratification,” as used in this subsection, means the act of approving an unauthorized commitment by an official who has the authority to do so.
Re: FAR 1.6
What are the Contracting Officer’s 6
authorities and responsibilities? (cont’d)
COR GOVT EMPLOYEE AND W CERTIFICATIONS AND TRAINED
The contracting officer is required to designate and authorize, in writing, a contracting officer’s representative (COR) to assist in the technical monitoring or administration of contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders, as appropriate. A COR must be: a government employee, unless otherwise authorized in agency regulations qualified by training and experience commensurate with the responsibilities to be delegated certified and maintain certification
What are the Contracting Officer’s 7
authorities and responsibilities? (cont’d)
COR CANT BIND OR CHANGE $ Q2, DELIVERY OR T AND C
The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract
Re: FAR 1.604
What is a “D&F” and when is it needed? 1
DETERMINATION “The conclusion” or “the decision supported by the findings
FINDINGS Statements of fact or rational essential to support the determination.
Must cover each requirement of the statue or regulation.
“Determination and Findings” means 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.
What is a “D&F” and when is it needed? 2
Identification of agency, contracting office and document as a D&F
Nature/description of the action being approved
Citation of appropriate statue/regulation
Findings that detail the particular circumstances
Determination that the action is justified
Expiration date (if required)
Signature or authorized official and date
OPTIONS NEED QUANTITY
Requirements for specific types of D&F’s can be found with the appropriate subject matter.
When an option is anticipated, the D&F shall state the approximate quantity to be awarded
initially and the extent of the increase to be permitted by the option.
A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification.
What is a “D&F” and when is it needed? 3
A D&F can go into a Justification and Approval (J&A) when doing other than full and open competition or any J&A depending on the Contracting Officer [FAR 6.303-2 (7)]
Interagency Acquisitions under the Economy Act (FAR 17.503)
Providing Facilities (FAR 45.302-1, DFAR 245.302-1)
Sole source contracts, Options and Modifications.MOS
Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify
the specific determination made.
When a D&F is required, it shall be signed by the appropriate official in accordance with agency regulations. Authority to sign or delegate signature authority for the various D&F’s is as shown in the applicable FAR part.
Re: FAR 1.7
2.101 Definitions 1
PART 2 DEFINES
A word or a term, defined in this section, has the same meaning throughout this regulation (48 CFR Chapter 1), unless—
The context in which the word or term is used clearly requires a different meaning; or
2.101 Definitions 2
OTHER PARTS DEFINITION CAN CHANGE
Another FAR part, subpart, or section provides a different definition for the particular part or portion of the part.
2.101 Definitions 3
If a word or term that is defined in this section is defined differently in another part, subpart, or section of this regulation (48 CFR Chapter 1), the definition in—
This section includes a cross-reference to the other definitions; and
That part, subpart, or section applies to the word or term when used in that part, subpart, or section.
Acquisition
“Acquisition” means 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.
Acquisition Plan
Contracts do not include grants and cooperative agreements
Process by which 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 at a reasonable cost.
Includes developing the overall strategy for managing the acquisition.
RE: FAR 2.101
Best Value
“Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.
Contract
“Contract” means 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.
Cost Realism Analysis
A process for independently reviewing and evaluating specific elements of each offeror’s proposal cost estimate. The purpose is to determine that the estimated proposed cost elements are consistent with the methods of performance and materials described in the offeror’s technical proposal.
RE: FAR 2.101
Written
“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“May”, “Shall”, and “Should”
“May” denotes the permissive. However, the words “no person may…” mean that no person is required, authorized, or permitted to do the act described.
“Shall” means the imperative.
“Should” means an expected course of action or policy that is to be followed unless inappropriate for a particular circumstance.
“Offer” and “Offeror”
“Offer” means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids”; responses to requests for proposals (negotiation) are offers called “proposals”; however, responses to requests for quotations (simplified acquisition) are “quotations,” not offers. For unsolicited proposals, see Subpart 15.6.
“Offeror” means offeror or bidder.
Performance-based Acquisition
The structuring of all aspects of an acquisition
around the desired outcome of the requirement.
RE: FAR 2.101
Performance-based Contracts
These contracts are distinguished by their use of measurable performance standards and quality assurance plans.
RE: FAR 2.101
“Pricing”
“Pricing” means the process of establishing a reasonable amount or amounts to be paid for supplies or services.
“Purchase order,”
“Purchase order,” when issued by the Government, means an offer by the Government to buy supplies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisition procedures.
“Signature” or “signed”
“Signature” or “signed” means the discrete, verifiable symbol of an individual that, when affixed to a writing with the knowledge and consent of the individual, indicates a present intention to authenticate the writing. This includes electronic symbols.
“Solicitation”
“Solicitation” means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called “invitations for bids.” Solicitations under negotiated procedures are called “requests for proposals.” Solicitations under simplified
acquisition procedures may require submission of
either a quotation or an offer.
52.202-1 Definitions 1
PART 2 DEFINES ALL
As prescribed in 2.201, insert the following clause:
Definitions (July 2004)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—
52.202-1 Definitions 2
SOLICITATIONS CAN CHANGE MEANING
The solicitation, or amended solicitation, provides a different definition;
The contracting parties agree to a different definition;
The part, subpart, or section of the FAR where the provision or clause is
prescribed provides a different meaning; or
52.202-1 Definitions 3
PART 31=COST PRINCIPLES AND PRCEDURED
The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.
Office of Federal Procurement Policy Act
Covers bribes, post-employment restrictions, obtaining and disclosing proprietary information and other prohibited behaviors
RE: FAR 3.104-2
What is federal policy on standards of
conduct? 1
general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest
Government business shall be conducted in a manner above reproach and with complete impartiality and with preferential treatment for none. Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships. Re: FAR 3.101-1
What is federal policy on standards of
conduct? 2
(a) has or is seeking to obtain Government business with the employee’s agency, (b) conducts activities that are regulated by the employee’s agency, or (c) has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties.
As a rule, no Government employee may solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who (a) has or is seeking to obtain Government business with the employee’s agency, (b) conducts activities that are regulated by the employee’s agency, or (c) has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties. Re: FAR 3.101-2
What is the policy on independent pricing? 1
FFP FFP EPA
For solicitations expected to result in firm-fixed-price contracts or fixed-price contracts with economic price adjustment, offerors must certify that:
What is the policy on independent pricing? 2
arrived at independently
The prices in their offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—
Those prices;
The intention to submit an offer; or
The methods or factors used to calculate the prices offered.
What is the policy on independent pricing? 3
PRICES not be knowingly disclosed
induce any other concern for the purpose of restricting competition.
The prices in the offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening or contract award; and
No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
Re: FAR 3.103
What are the prohibitions on disclosing or
receiving procurement information?
not knowingly disclose
Government officials who have or had access to contractor bid or proposal information or source selection information must not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
What are the prohibitions on disclosing or
receiving procurement information?
not knowingly obtain
A person must not knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
Re: FAR 3.104-3
What are restrictions on former federal officials 1 accepting compensation from contractors? PAD PM, ADMIN CO DEPUTY PM CS CHANGE CS TODO RATE OVERHEAD CONTRACT PMT DATE CONTRACT SELECTION ONE YEAR
A former official of a Federal agency may not accept compensation from a contractor that has been
awarded a contract within a period of 1 year after such former official—
(i) Served, at the time of selection of the contractor or the award of a contract to that contractor, as the procuring contracting officer, the source selection authority, a member of a source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000;
What are restrictions on former federal officials 2 accepting compensation from contractors? PAD PM, ADMIN CO DEPUTY PM CS CHANGE CS TODO RATE OVERHEAD CONTRACT PMT DATE CONTRACT SELECTION ONE YEAR
(ii) Served as the program manager, deputy program manager, or administrative contracting officer for a contract in excess of $10,000,000 awarded to that contractor; or
(iii) Personally made for the Federal agency a decision to—
(A) Award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order in excess of
$10,000,000 to that contractor;
What are restrictions on former federal officials 3 accepting compensation from contractors? PAD PM, ADMIN CO DEPUTY PM CS CHANGE CS TODO RATE OVERHEAD CONTRACT PMT DATE CONTRACT SELECTION ONE YEAR
(B) Establish overhead or other rates applicable to a contract or contracts for that contractor that are valued in excess of
$10,000,000;
(C) Approve issuance of a contract payment or payments in excess of $10,000,000 to that contractor; or
What are restrictions on former federal officials 4 accepting compensation from contractors? PAD PM, ADMIN CO DEPUTY PM CS CHANGE CS TODO RATE OVERHEAD CONTRACT PMT DATE CONTRACT SELECTION ONE YEAR
(D) Pay or settle a claim in excess of $10,000,000 with that contractor.
The 1-year prohibition begins on the date—
(i) Of contract award, or the date of contractor selection if the official was not serving in the position on the date of award;
(ii) The official last served in one of the positions described; or
(iii) The official made one of the decisions described in paragraph (iii) above.
What are restrictions on former federal officials accepting compensation from contractors? 5 PAD PM, ADMIN CO DEPUTY PM CS CHANGE CS TODO RATE OVERHEAD CONTRACT PMT DATE CONTRACT SELECTION ONE YEAR
It is not prohibited for a former official of a Federal agency from accepting compensation from any division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract.
What is policy on contractors offering or
giving gratuities to federal employees? 1
Contractors may not offer or give a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government, with the intent, by the gratuity, to obtain a contract or favorable treatment under a contract.
What is policy on contractors offering or
giving gratuities to federal employees? 2
TEDS
When the agency head or designee determines that a
violation has occurred, the Government may—
(1) Terminate the contractor’s right to proceed;
(2) Initiate debarment or suspension measures as set forth in
Subpart 9.4; and
(3) Assess exemplary damages, if the contract uses money appropriated to the Department of Defense.
Re: FAR 52.203-3
What is “anti-trust”, and why does it matter? 1
PIF
R÷D
JDCPE
Practices that eliminate competition or restrain trade and usually lead to excessive
prices.
The existence of an “industry price list” or “price agreement” to which contractors refer in formulating their offers;
A sudden change from competitive bidding to identical bidding;
What is “anti-trust”, and why does it matter? 2
PIF
R÷D
JDCPE
Simultaneous price increases or follow-the-leader pricing;
Rotation of bids or proposals, so that each competitor takes a turn in sequence as low bidder, or so that certain competitors bid low only on some sizes of contracts and high on other sizes;
Division of the market, so that certain competitors bid low only for contracts let by certain agencies, or for contracts in certain geographical areas, or on certain products, and bid high on all other jobs;
What is “anti-trust”, and why does it matter? 3
PIF
R÷D
JDCPE
Establishment by competitors of a collusive price estimating system;
The filing of a joint bid by two or more competitors when at least one of the competitors has sufficient technical capability and productive capacity for contract performance;
What is “anti-trust”, and why does it matter? 4
PIF
R÷D
JDCPE
Any incidents suggesting direct collusion among competitors, such as the appearance of identical calculation or spelling errors in two or more competitive offers or the submission by one firm of offers for other firms; and
Assertions by the employees, former employees, or competitors of offerors, that an agreement to restrain trade exists.
What are contingent fees? 1
commission, percentage, brokerage, or other fee that is contingent upon WINNING
“Contingent fee” means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
Contractors’ arrangements to pay contingent fees for soliciting or obtaining Government contracts have long been considered contrary to public policy because such arrangements may lead to attempted or actual exercise of improper influence.
What are contingent fees? 2
WARRANTY AGAINST FEES
BREACH GOVT CAN ANNUL
Require in every negotiated contract a warranty by the contractor against contingent fees.
Permit, as an exception to the warranty, contingent fee arrangements
between contractors and bona fide employees or bona fide agencies.
Provide that, for breach or violation of the warranty by the contractor, the Government may annul the contract without liability or deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
Re: FAR 3.4
What are “buying in” and “kick-backs”, and why
are they prohibited in federal contracts? 1
INCREASE $ VIA CHANGE ORDERS
Buying-in means submitting an offer below anticipated costs, expecting to increase the contract amount after award (e.g., through unnecessary or excessively priced change orders) or receive follow- on contracts at artificially high prices to recover losses incurred on the buy-in contract. Re: FAR 3.501
What are “buying in” and “kick-backs”, and why
are they prohibited in federal contracts? 2
money, fee, commission, credit, gift, gratuity, thing of value, or compensation to prime cotractor
“Kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. Re: FAR 3.502
Circumvents fair competition, results in increased prices and poor performance.
What are the whistleblower protections for
contractor employees?
discharge, demote or otherwise discriminate against an employee
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).
Re: FAR 3.903
What requirements do contractors have to maintain
a code of business ethics and conduct?
written code of business ethics and conduct 1
Government contractors must conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. Re: FAR 3.1002
What requirements do contractors have to maintain
a code of business ethics and conduct? 2
$5,000,000 and the performance period is 120 days have written and copy to employeee
If the contract is expected to exceed $5,000,000 and the performance period is 120 days or more, the Contractor shall, within 30 days after contract award—
(i) Have a written code of business ethics and conduct; and
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
Re: FAR 52.203-13
When shall the federal government use electronic commerce? 1
whenever practicable or cost-effective.
The Federal Government shall use electronic commerce whenever
practicable or cost-effective.
The use of terms commonly associated with paper transactions (e.g., “copy,” “document,” “page,” “printed,” “sealed envelope,” and “stamped”) shall not be interpreted to restrict the use of electronic commerce.
When shall the federal government use electronic commerce? 2
CAN SUPPLEMENT WITH MEDIA
CAN YOU ACCEPT ELECTRONIC SIGNATURES
Contracting officers may supplement electronic transactions by using other media to meet the requirements of any contract action governed by the FAR (e.g., transmit hard copy of drawings).
Agencies may exercise broad discretion in selecting the hardware and software that will be used in conducting electronic commerce.
Agencies may accept electronic signatures and records in connection with Government contracts.
Re: FAR 4.500
What is the record retention policy for
contractors?
3 YEARS AFTER FINAL PMT
Contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General generally for 3 years after final payment.
Re: FAR 4.703
What is the policy for contractor
registration? 1
ACCEPT GOVT CREDIT CARDS
Prospective contractors shall be registered in the CCR database prior to
award of a contract or agreement, except for—
(1) Purchases that use a Government-wide commercial purchase card as both the purchasing and payment mechanism, as opposed to using the purchase card only as a payment method;
What is the policy for contractor
registration? 2
CLASSIFIED WHEN CCR WOULD DECREASE NATIONAL SECURITY
IRAQ AND KATRINA
(2) Classified contracts when registration in the CCR database, or use of CCR data, could compromise the safeguarding of classified information or national security;
(3) Contracts awarded by—
Deployed contracting officers in the course of military operations; or
Contracting officers in the conduct of emergency operations.
What is the policy for contractor registration? 3 UCU HARRIS AND REYNA MICRO PURCHASE NO EFT
(4) Contracts to support unusual or compelling needs;
(5) Awards made to foreign vendors for work performed outside the United States, if it is impractical to obtain CCR registration; and
(6) Micro-purchases that do not use the electronic funds transfer (EFT) method for payment and are not required to be reported.
Re: FAR 4.11
When are contractor representations and
certifications to be filed? 1
Prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.
When are contractor representations and
certifications to be filed? 2
at least annually
Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA.
Re: FAR 4.12
What is the government’s policy for
promoting energy and water efficiency?
The Government’s policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies.
This policy extends to all acquisitions, including
those below the simplified acquisition threshold.
Re: FAR 23.202
Environmental Management System
reduce its environmental impacts and to increase its operating efficiency
An environmental management system (EMS) is a set of processes and practices that enable an organization to reduce its environmental impacts and to increase its operating efficiency. Where contractor activities affect the environmental management performance of the agency, the Contracting Officer is required to specify the EMS directives with which the contractor must comply, and to ensure contractor compliance to the same extent as the agency would be required to comply, if the agency operated the facilities or vehicles.
RE: FAR 23.9
What are the contractors responsibilities
for providing a drug-free workplace? 1
exceeds the simplified acquisition threshold, unless it agrees that it will provide a drug-free workplace.
PUBLISH NOT VIOLATING DEA
No offeror shall be considered a responsible source for a contract that exceeds the simplified acquisition threshold, unless it agrees that it will provide a drug-free workplace.
Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
What are the contractors responsibilities
for providing a drug-free workplace? 2
drug-free awareness program
Establishing an ongoing drug-free awareness program to inform its employees about the dangers of drug abuse in
the workplace;
Providing all employees engaged in performance of the contract with a copy of the statement required by paragraph (1);
What are the contractors responsibilities
for providing a drug-free workplace? 3
Notifying all employees in writing in the statement required by paragraph (1), that as a condition of employment on a covered contract, the employee will abide by the terms of the statement; and notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;
Notifying the contracting officer in writing within 10 days after receiving notice under
What are the contractors responsibilities
for providing a drug-free workplace? 4
(4) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
Within 30 days after receiving notice under paragraph (4) taking one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
What are the contractors responsibilities
for providing a drug-free workplace? 5
Making a good faith effort to maintain a drug-free workplace through implementation of paragraphs (1) through (6) of this section.
Does NOT apply to contracts for the acquisition of commercial items. Re: FAR 23.5
What is the policy for contracting for
environmentally preferable goods and services?
Agencies must implement cost-effective contracting preference programs promoting energy-efficiency, water conservation, and the acquisition of environmentally preferable products and services
Agencies must also employ acquisition strategies that affirmatively implement the following environmental objectives:
What is the policy for contracting for environmentally preferable goods and services? 1 EPA ^ ENERGY AND H2O DECREASE HAZMAT ^NO HAZMAT USE AE DECREASE WASTE BIO BASED AND BIODEGRADABLE REAL LIFE CYCLE
Maximize the use of Environmental Protection Agency-designated products (Resource Conservation and Recovery Act)
Promote energy-efficiency and water conservation.
Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal).
Promote the use of nonhazardous and recovered materials.
What is the policy for contracting for environmentally preferable goods and services? 1 EPA ^ ENERGY AND H2O DECREASE HAZMAT ^NO HAZMAT USE AE DECREASE WASTE BIO BASED AND BIODEGRADABLE REAL LIFE CYCLE
Realize life-cycle cost savings.
Promote cost-effective waste reduction when creating plans, drawings, specifications, standards, and other product descriptions authorizing material substitutions, extensions of shelf-life, and process improvements.
Promote the use of biobased products.
Purchase only plastic ring carriers that are degradable.
How does the Privacy Act apply to
contractors? 1
The Privacy Act requires that when an agency contracts for the design, development, or operation of a system of records on individuals on behalf of the agency to accomplish an agency function the agency must apply the requirements of the Act to the contractor and its employees working on the contract.
If one or more of those tasks will be required, the contracting officer shall—
How does the Privacy Act apply to
contractors? 2
Ensure that the contract work statement specifically identifies the system of records on individuals and the design, development, or operation work to be performed; and
Make available, in accordance with agency procedures, agency
rules and regulation implementing the Privacy Act.
Why is the Freedom of Information Act
relevant to contracts? 1
The Freedom of Information Act specifies how agencies shall make their records available upon public request, imposes strict time standards for agency responses, and exempts certain records from public disclosure.
Why is the Freedom of Information Act
relevant to contracts? 2
C3 FT AGENCY MEMO MEDICAL
Contracting officers may receive requests for records that may be exempted from mandatory public disclosure. The exemptions most often applicable are proposals in the possession or control of the Government, submitted in response to a competitive solicitation, or those relating to classified information, to trade secrets and confidential commercial or financial information, to interagency or intra-agency memoranda, or to personal and medical information pertaining to an individual.
FAR 24.2
What is the Buy American Act? 1
The Buy American Act restricts the purchase of supplies, that are not domestic end products, for use within the United States. Domestic end product” means—
What is the Buy American Act? 2
An unmanufactured end product mined or produced in the United
States;
An end product manufactured in the United States, if—
The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components; or
The end product is a COTS item.
What is the Buy American Act? 3
A foreign end product may be purchased if the contracting officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies.
What are prohibited sources? 1
Except as authorized by OFAC, agencies and their contractors and subcontractors must not acquire any supplies or services if any proclamation, Executive order, or statute administered by OFAC would prohibit such a transaction by a person subject to the jurisdiction of the United States.
What are prohibited sources? 2
Most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea into the United States or its outlying areas. In addition, lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn.
Re: FAR 25.7
Trade Agreements Act
Contracting officers must determine whether solicitations or contracts entered into or performed outside the United States will require offers to be submitted in U.S. currency or a specified foreign currency unless a specific currency is required by the Trade Agreements Act or an international agreement.
RE: FAR 25.1
