FARS and DFARS Flashcards
When is an indefinite delivery contract appropriate?
Under certain conditions the Government may not be able to specify its required delivery and/or quantity or may not have sufficient funds for obligation of the entire needed quantity at that time.
What are the three types of indefinite delivery contracts?
Definite Quantity Contract
Requirements Contracts
Indefinite Delivery Indefinite Quantity (IDIQ Contract)
What is an option?
a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.
When can an option be exercised?
only after determining that–
Funds are available
Option fulfills an exiting need
Option is most advantageous method of fulfilling need
Option was synopsized IAW FAR Part 5
Determination & Findings
What requirements must be fulfilled to exercise an option?
(Option Documentation)
The contracting officer shall justify in writing—
Quantities or terms of option
Period for exercising option
Any limitation on option price
Statement that option is in Government’s interest
Statement that likelihood option(s) will be exercised
What is a multiple year contract?
Not the same as Multi-year contracts
May be IDIQ contracts or contracts with annual options
Does NOT require Congressional Approval
Multiyear Contracts:
Acquires known requirements for up to 5 years
52.217-2, Cancellation Under Multi-year Contracts
Cancellation ceiling
Funds to cover cancellation or termination
Present value analysis of multi-year to annual procurements
President’s Budget—requires Congressional approval
Delivery order contract is:
A contract for supplies that does not procure or specify a firm quantity of supplies and that provides for the issuance of orders for the delivery of supplies during the period of the contract
Task order contract is:
A contract for services that does not procure or specify a firm quantity of services and that provides for the issuance of orders for the performance of tasks during the period of the contract
Definite Quantity Contract provides:
Provides for delivery of a definite quantity of specific supplies or services for a fixed period, with deliveries or performance to be scheduled at designated locations upon order
Exact quantity is known
Exact times/places unknown
Funds obligated for total quantity at time of award
Each order awarded will specify quantity and location
Requirements Contracts provides:
Provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period, with deliveries or performance to be scheduled by placing orders with the contractor
May be appropriate for acquiring any supplies or services when the Government anticipates recurring requirements but cannot predetermine the precise quantities of supplies or services that designated Government activities will need during a definite period
Indefinite Delivery Indefinite Quantity (IDIQ Contract) is:
An IDIQ contract provides for an indefinite quantity, within stated limits, of supplies or services within a fixed period
Government must order and contractor furnish a stated minimum. If ordered, the contractor must furnish any additional quantities, not to exceed the stated minimum
Reasonable ceiling amount should be developed
Multiple award preference
What is the policy for providing for full and open competition?
(Required by CICA)
Contracting Officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts
Competitive procedures available for fulfilling full and open competition are:
Sealed bids- Part 14
Competitive proposals- Part 15
Combination of competitive procedures- Part 13 &15
What is Other than Full and Open Competition?
Limited competition required to meet requirements
Seven statutory exceptions
Each contract awarded without providing for full and open competition shall contain a reference to the specific authority that it was awarded under
Contracting without providing for full and open competition may NOT be justified due to:
Lack of advance planning
Year end expenditures (funds availability)
What is the Competition Advocate (CA) and what are they responsible for?
Designated at the agency and each procuring activity
Promotes the acquisition of commercial items
Promotes full and open competition
Helps the agency to meet their small business goals
Recommends a system of personal and organizational accountability for competition
What are the dollar thresholds for J&A approval?
$650,000 or less – Contracting Officer
$650,000 - $12.5 Million – Competition Advocate for the procuring activity (not delegable)
$12.5 Million - $85.5 Million – Head of the Contracting Activity
What Act provides for full and open competition?
Competition in Contracting Act (CICA)
What are the three types of competition?
Full and open competition
Full and open after exclusion of sources
Other than full and open competition
What document is required for other than full and open competition?
Justification and Approval with: Sufficient justification for the authority cited Agency identification Description of the supply/service Statutory requirement Authority cited is appropriate Market research Any facts supporting sole-source
Who is responsible for assuring that full and open competition will occur?
Contracting Officers
What is the first order of preference or priority for the required sources of supply?
(i) Agency Inventories (Subpart 8.1) – Defense Reutilization and Marketing Services (DRMS) – www.drms.dla.mil
(ii) Excess from other agencies (Subpart 8.1) – GSAXcess – http://gsaxcess.gov
(iii) Federal Prison Industries, Inc. (Subpart 8.6) Also known as UNICOR – www.unicor.gov
(iv) Supplies which are on the Procurement List maintained by the Committee for Purchase from People Who are Blind or Severely Disabled (Subpart 8.7) Ability One – www.abilityone.gov
What is the first order of priority for required sources of services?
(i) Services which are on the Procurement List maintained by the Committee for Purchase From People Who are Blind or Severely Disabled (Subpart 8.7)
What is the Federal Supply Schedule Program?
Agencies are authorized to add “open market items” to a FSS Blanket Purchase Agreement (BPA) or individual task or delivery order (FAR 8.402(f))
Acquisition Regulations must be followed
Price is fair and reasonable
Items are labeled
All applicable clauses are incluced
What is a HUBZone Small Business Concern?
a small business concern that the SBA identifies as operating in a historically underutilized business zone
What is the Government’s policy concerning the use of Small Business Concerns?
Policy – FAR 19.201
“….provide maximum practicable opportunities in [Government] acquisitions to small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.”
What are the advantages of the 8(a) Program?
the opportunity to receive “sole source” contracts (not exceeding $3.5 million for goods and services, and $5.5 million for manufacturing from Government agencies and the opportunity to bid for 8(a) set-aside contracts
What is an Acquisition Plan?
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.
Where are Acquisition plans found in the FAR?
Part 7
What is market research? When should it begin?
A process used to collect information about the marketplace in order to meet the agency’s needs
Continuous process
Requires documentation of data collected
Market research should be continuous
What are the methods of conducting market research?
Team Approach to Market Research
Provides collaborative effort to problem solving
Establish IPT Teams early
Members may include
Finance Contract specialists
Program managers Industry reps
Customer Potential vendors
Logistics
How much market research should we do?
The extent of market research will vary, depending upon factors such as: Urgency Estimated dollar value Complexity Past experience
Conduct market research appropriate to the circumstances
What are the two types of market research and how do they differ?
Strategic market research serves as surveillance of the marketplace
Tactical market research requires investigation into a specific need or requirement
What are the potential sources for conducting market research?
Central Contractor Registration (CCR) System for Award Management-www.sam.gov FedBizOps Catalogs Trade shows Historical acquisition data GSA Advantage – Federal Supply Schedules
What does an Acquisition Plan contain?
Milestones at which decisions must be made Acquisition background and objectives Statement of need Applicable conditions such as compatibility with other systems Cost, schedule and capability or performance constraints Cost Life-cycle cost Tradeoffs Risks Acquisition Streamlining Sources and Competition Source selection procedures
What is the “rulemaking process”?
The process of creating and issuing federal regulations
What is the goal of the FAR 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
How many “parts” does the FAR contain?
53
How many “subparts/subchapters” does the FAR contain?
8
What is the FAR Matrix?
For each provision or clause, the matrix provides information on:
Whether incorporation by reference is or is not authorized
Where it is located in the Uniform Contract Format (UCF)
Its number
Citation of the FAR that it prescribes
Its title or full text
The FAR Matrix is located in what FAR Part?
52
What is a supplement to the FAR?
DFARS adding information that is not already found in the FAR
What is an implement to the FAR?
DFARS adds to information that exists in the FAR already
What is a class deviation?
Affect more than one contract action
A FAR revision should be requested if an agency knows it will require a class deviation on a permanent basis
Civilian agencies, other than NASA, must furnish copy of approved deviation to the FAR Secretariat
Want is an individual deviation?
Affect only one contract action
May be authorized by the Agency Head unless FAR 1.405(e) is applicable
Justification and agency approval must be documented in the contract file
Where are the required sources of supply and services located in the FAR?
FAR Part 8
What takes precedence for supplies on the required sources list?
Agency inventories
What takes precedence for services?
Services on the Procurement List maintained by NIB/NISH/Ability One
What are the simplified acquisition methods?
GPC Purchase Order SF 44 Imprest Fund BPA Third Party Draft
When is a Blanket Purchase Agreement (BPA) appropriate?
- repetitive needs/requirements (ex: gravel, cell phones)
- agreement is in place
- more economical to use BPA (saves time, competitive costs)
when filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply.
BPA has pricing, Basic Ordering Agreement (BOA) does not!
What are the three types of solicitations?
Request for Quotation – Simplified Acquisition Procedures - FAR Part 13
Invitation for Bid – Sealed Bidding – FAR Part 14
Request for Proposal – Negotiation – FAR 15
What are the three types of competition?
-Full and open competition
Everyone is allowed to bid
-Full and open after exclusion
Ex: Reserved for small business
-Other than full and open competition
Sole source
FMS
What are the two basic types of contracts?
Firm Fixed Price
- Technical requirements and cost are not uncertain
- Work can be clearly defined
Cost reimbursable
- Costs cannot be estimated with any certainty
- Work may not be clearly defined
- Amount of tasks may not be known
Which type of contract requires a vendor to give their “best effort”?
Cost Reimbursement
SF 44 Purchase Order Invoice-Voucher is:
Multi-purpose pocket size purchase order form
Primarily for on-the-spot, over-the-counter purchases of supplies and non-personal services while away from the purchasing office or at isolated activities
Base contract funded is:
5 years for supplies
5 years for services
Firm Fixed Price contract type is:
Technical requirements and cost are not uncertain
Work can be clearly defined
Contractor is required to deliver the product or perform the service at agree-to price
Contract represents full payment for the work – Contractor exceeds at own risk
Loss of profit
Cost reimbursable contract type is:
Costs cannot be estimated with any certainty
Work may not be clearly defined
Amount of tasks may not be known
Contractor is required to deliver “best effort”
Reasonable, allowable and allocable costs will be reimbursed
Contract amount represents an estimate of total cost
Cannot be exceeded without KO’s approval
Which contract types places risk on gov’t?
Cost reimbursable
What contract types places risk on contractor?
Firm Fixed Price