FAR Part 4

Question 1

Part 4

Answer 1

Administrative Matters

Question 2

Part 4 - Administrative Matters

Purpose:Establishespoliciesandprocedures for administrative matters in federal contracting (FAR 4.000).

Answer 2

• 4.1 Contract Execution
• 4.2 Contract Distribution
• 4.3 Paper Documents
• 4.4 Safeguarding Classified Information Within Industry
• 4.5 Electronic Commerce in Contracting
• 4.6 Contract Reporting
• 4.7 Contractor Records
• 4.8 Government Contract Files
• 4.9 Taxpayer Identification Number Information
• 4.10 Uniform Use of Line Items
• 4.11 System for Award Management
• 4.12 Representations and Certifications
• 4.13 Personal Identity Verification
• 4.14 Reporting Executive Compensation and First-Tier Subcontract Awards
• 4.16 Unique Procurement Instrument Identifiers
  Covered Contractor Information Systems
• 4.20 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by aspersy Lab
• 4.21 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
  Retention
• 4.17 Service Contracts Inventory
• 4.18 Commercial and
  Government Entity Code
• 4.19 Basis Safeguarding of

Question 3

Part 4 - Administrative Matters

Subparts 4.1 - Contract Execution and 4.2 - Contract Distribution

• Purpose: Establishes procedures for executing and distributing contracts
  (FAR 4.101, FAR 4.201).

Answer 3

• KeyFeatures:
• Requirements for authorized signatures and electronic signatures on contracts (FAR
  4.102, FAR 4.103).
• Distribution requirements for contract documents to all relevant parties (FAR 4.202).

Question 4

Part 4 - Administrative Matters

Subparts 4.3 - Paper Documents and 4.4 - Safeguarding Classified Information Within Industry

• Purpose: Addresses the use and management of paper documents and safeguarding classified information (FAR 4.301, FAR 4.401).

Answer 4

• KeyFeatures:
• Guidelines for creating, storing, and handling paper documents (FAR 4.302).
• Requirements for safeguarding classified information (FAR 4.402).

Question 5

Part 4 - Administrative Matters

Subparts 4.5 - Electronic Commerce in Contracting and 4.6 - Contract Reporting

• Purpose: Promotes electronic commerce and establishes contract reporting requirements (FAR 4.501, FAR 4.601).

Answer 5

• KeyFeatures:
• Guidelines for implementing electronic commerce solutions (FAR 4.502).
• Procedures for submitting contract reports to ensure transparency (FAR 4.602).

Question 6

Part 4 - Administrative Matters

Subparts 4.7 - Contractor Records Retention and 4.8 - Government Contract Files

• Purpose: Provides guidelines for the retention of contractor records and maintaining government contract files (FAR 4.701, FAR 4.801).

Answer 6

• KeyFeatures:
• Retention periods for different types of records (FAR 4.702).
• Requirements for creating and organizing contract files (FAR 4.802).

Question 7

Part 4 - Administrative Matters

Subparts 4.9 - Taxpayer Identification Number Information and 4.10 - Uniform Use of Line Items

• Purpose: Establishes requirements for taxpayer identification and uniform use of line items (FAR 4.901, FAR 4.1001).

Answer 7

• KeyFeatures:
• Procedures for obtaining and using taxpayer identification numbers (FAR 4.902).
• Guidelines for the uniform use of line items to standardize contract details (FAR 4.1002).

Question 8

Part 4 - Administrative Matters

Subparts 4.11 - System for Award Management and 4.12 - Representations and Certifications

• Purpose: Provides guidelines for using SAM and managing representations and certifications (FAR 4.1101, FAR 4.1201).

Answer 8

• KeyFeatures:
• Requirements for contractor registration in SAM (FAR 4.1102).
• Guidelines for submitting and managing representations and certifications (FAR 4.1202).

Question 9

Part 4 - Administrative Matters

Subparts 4.13 - Personal Identity Verification and 4.14 - Reporting Executive Compensation and First-Tier Subcontract Awards

• Purpose: Establishes policies for personal identity verification and reporting compensation (FAR 4.1301, FAR 4.1401).

Answer 9

KeyFeatures:

• Requirements for verifying the identity of personnel involved in federal contracts (FAR
  4.1302).
• Procedures for reporting executive compensation and subcontract awards (FAR 4.1402).

Question 10

Part 4 - Administrative Matters

Subparts 4.16 - Unique Procurement Instrument Identifiers and 4.17 - Service Contracts Inventory

• Purpose: Provides guidelines for unique procurement identifiers and maintaining a service contracts inventory (FAR 4.1601, FAR 4.1701).

Answer 10

• KeyFeatures:
• Procedures for assigning unique procurement instrument identifiers (FAR 4.1602).
• Requirements for maintaining an inventory of service contracts (FAR 4.1702).

Question 11

Part 4 - Administrative Matters

• Subparts4.18-CommercialandGovernmentEntityCode,4.19-Basic Safeguarding of Covered Contractor Information Systems, 4.20 - Prohibition on Kaspersky Lab Products, and 4.21 - Prohibition on Certain Telecom and Video Surveillance Services

*Purpose:Itcoversvariousadministrativepolicies,includingsafeguarding information and prohibitions (FAR 4.1801, FAR 4.1901, FAR 4.2001, FAR 4.2101).

Answer 11

• KeyFeatures:
• Guidelines for using the Commercial and Government Entity (CAGE) code (FAR 4.1802).
• Requirements for safeguarding contractor information systems (FAR 4.1902).
• Prohibitions on using products from Kaspersky Lab and certain telecom and video surveillance services (FAR 4.2002, FAR 4.2102)

Question 12

Contract Execution

Answer 12

The contracting officer’s name and official title shall be printed on the contract.

The contracting officer signs the contract after it has been signed by the contractor.

Only the contracting officer is authorized to sign a contract on behalf of the government!

The type of signatory required depends on the type of legal entity involved.
-Individual: Contract signed by that individual
-Partnership: Contract signed with the name of the partnership
-Corporation: An individual authorized to bind the corporation, with the corporate name and “by”
-Joint venture: Any combination of individuals, partnershios, or corporations

Question 13

The federal government shall use electronic commerce whenever practicable or cost-effective.

Answer 13

The agency head is responsible for ensuring that that agency systems are capable of ensuring a level of security appropriate to the risk involved in losing access to or control of the data

Agencies may accept electronic signatures and records in connection with government contracts.

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. 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 ni selecting the hardware and software that wil be used ni conducting electronic commerce

Question 14

Record Retention Policy for Contractors
Contractors shall make available records, which

Answer 14

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 three years after final payment.

Question 15

Government Contract Files

Answer 15

Documentation within government files
should be sufficient to provide a complete record of the transaction.

Question 16

Contractor Registration

Answer 16

Prospective contractors shall be registered in the SAM database prior to award of a contract or agreement, except for:

• SAM

-Purchases that use a
government-wide commercial purchase card as both the
purchasing and payment mechanism

-Classified contracts when
registration in the SAM database, or use of SAM data, could compromise the safeguarding of classified information or national security

-Contracts awarded by deployed contracting officers in the course of
military
operation or contracting officers in the conduct of emergency operations

-Contracts to support unusual or compelling needs

Awards made to foreign vendors for work performed outside the
United States, fi it is impractical to obtain SAM registration

-Micro-purchases that do not use
the electronic funds transfer (EFT) method for payment and
are not required to be reported

Question 17

Contractor Representations and Certifications
Prospective contractors shall

Answer 17

complete electronic annual representations and
certifications at www.sam.gov in
conjunction with required registration in the System for
Award Management database

Question 18

Personal Identity Verification

Answer 18

When contract performance requires
routine access to a federally controlled facility or information
system, a contractor may be required
to implement policies for personal identity verification.

Guidance for these policies will be
provided by the Office of Management and Budget.

Question 19

Executive Compensation

Answer 19

Contractors are required to report subcontractor award data and the total compensation of the five most highly compensated individuals of the contractor and subcontractor.

This requirement applies to all contracts with a value of
$30,000 or more

Question 20

Unique Procurement Instrument Identifiers

PIID

Answer 20

Procurement Instrument IDentifier
Identifies a solicitation or government action
Is unique government-wide
Identifies solicitation or contract action within the SAM
database, FPDS, and other reporting systems

Question 21

The contracting officer’s name and

Answer 21

official title shall be typed, stamped or printed on the contract. CO signs after contractor. CO can only sign on behalf of the US government.

Question 22

The type of signatory for a contractor varies based on the type of corporate entity involved. Four types of entities addressed specifically in this part include individuals, partnerships, corporations, and joint ventures.

Answer 22

Individual: A contract with an individual shall be signed by that individual. Partnership: A contract with a partnership shall be signed in the partnership name.

Corporation: A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contract-ing officer shall ensure that the person signing for the corporation has authority to bind the corporation.

Joint ventures: A contract with joint ventures may involve any combination of individuals, partnerships, or corporations.

Question 23

B. ELECTRONIC COMMERCE IN
CONTRACTING (FAR 4.5)

The federal government shall use electronic commerce whenever practicable or cost-effective. Before using

Answer 23

electronic commerce, the agency head shall ensure that the agency systems are capable of ensuring authentication and confidentiality commensurate with the risk and magnitude of the harm from loss, misuse, or unauthorized access to or modification of the information.

Agencies may accept electronic signatures and records in connection with government contracts.
(FAR 4.502(c) and FAR 4.502(d))

Question 24

C. CONTRACT REPORTING (FAR 4.6)

On October 17, 2020, the FPDS reports module retired and the SAM.gov Data Bank is the only place to create and run both standard and ad hoc reports on federal contract data. Federal agencies

Answer 24

report data to the Federal Procurement Data Center (FPDC), which collects, processes, and disseminates official statistical data on federal contracting.

All federal contract award data must be made public. Executive agencies shall use FPDS to maintain publicly available information about all unclassified contract actions exceeding the micro-purchase threshold, and any modifications to those actions that change previously reported contract action report data, regardless of dollar value (FAR 4.603).

Question 25

D. CONTRACTOR RECORD RETENTION
(FAR 4.7)

Contractors must retain all records pertaining to a government contract for a minimum

Answer 25

of three years from the date final payment is made under the contract.
Certain records specified in this part may be required to be kept for a longer period.

Question 26

G. SYSTEM FOR AWARD MANAGEMENT (FAR 4.11)

This subpart prescribes policies and procedures for requiring contractor registration in the System for Award Management (SAM) database, to both

Answer 26

increase visibility of vendor sources (including their geographical locations) for specific supplies and services and establish a common source of vendor data for the government. Generally, contractors must be registeredin the SAM prior to contract award. Specific exceptions and guidance are contained within this subpart.

Question 27

H. REPRESENTATIONS AND CERTIFICATIONS (FAR 4.12)

This subpart prescribes policies and procedures for requiring submission and maintenance of representations and certifications through the System for Award Management (SAM) to eliminate

Answer 27

the administrative burden for contractors of submitting the same information to various contracting offices and establish a common source for this information to procurement offices across the government. SAM is the one common source for contractors submitting and maintaining representations and certifications.

Contractors shall update the representations and certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete.

Question 28

J. REPORTING EXECUTIVE
COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (FAR 4.14)

Contractors are required to report subcontract award data and the total compensation of the

Answer 28

five most highly compensated individuals of the contractor and subcontractor. The threshold for this requirement and its applicability is found at FAR 4.1401 APPLICABILITY.

Question 29

M. PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KAPERSKY LAB (FAR 4.20)

The federal government is prohibited

Answer 29

from using the products or services of Kaspersky Lab and its related entities by the federal government.

Question 29

K. UNIQUE PROCUREMENT INSTRUMENT
IDENTIFIERS (FAR 4.1601)

Agencies shall have in place a process that ensures that each Procurement Instrument Identifier (PIID) used to identify

Answer 29

a solicitation or contract action is unique governmentwide and will remain so for at least 20 years from the date of contract award. The PIID shall be used to identify all solicitation and contract actions.

The PIID shall also be used to identify solicitation and contract actions in designated support and reporting systems (e.g., Federal Procurement Data System, System for Award Management), in accordance with regulations, applicable authorities, and agency policies and procedures.

Question 30

Government use is specifically prohibited on or after October 1, 2018, of any hardware, software, or services developed or provided, in whole or in part, by a covered entity.

Contractors are prohibited from:

Answer 30

*Providing any covered article that the Government will use on or after October 1, 2018; and

• Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

Question 31

Additionally, on or after October 1, 2018, government contractors are prohibited from:

Answer 31

• Providing (in whole or in part, including components) hardware, software, or services provided by Kapersky Lab; and

*Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

Question 32

N. PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (FAR 4.21)

Agencies are prohibited from procuring or obtaining or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunication equipment or services from the People’s Republic of China as a substantial or essential component of any system, or as a critical technology as part of any system on or after August 13, 2019, unless an exception applies or a waiver has been granted.

Covered telecommunications equipment or services means-

Answer 32

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE
   Corporation, (or any subsidiary or affiliate of such entities);
2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
   surveillance
3. Telecommunications or video surveillance services provided by such entities or using such equipment; or
4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense believes to be an entity owned or controlled by, or otherwise connected to, the Peoples Republic of China.

Question 33

Critical technology means:

Answer 33

1. Defense articles or services included on the US
   Munitions List;
2. Items included on the Commerce Control List controlled for reasons of national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or reasons relating to regional stability or surreptitious listening
3. Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology relating to assistance to foreign atomic energy activities)
4. Nuclear facilities, equipment, and material relating to export and import of nuclear equipment and material
5. Select agents and toxins covered by the Code of Federal Regulations; or
6. Emerging and foundational technologies controlled pursuant to the Export Control
   Reform Act of 2018.