Final Key Cards Round 2 Flashcards
______________ 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.
Environmentally Friendly
Environmentally Conscientious
Environmentally Preferable
Environmentally Advantageous
FAR 2.101
Environmentally Preferable
Where can executive agencies obtain standard and optional forms?
GSA Forms Library
Acquisition.gov
From the prescribing agency
Via internet search
FAR 53.107
GSA Forms Library
Which of the following is correct about the FAR citation 15.506(a)?
15 is the part, 5 is the subpart, 06 is the section, and a is the paragraph.
1 is the part, 5 is the subpart, 506 is the section, and a is the paragraph.
15 is the part, 5 is the subpart, 06 is the paragraph, and a is the sentence.
15 is the part, 50 is the subpart, 6 is the section, and a is the paragraph.
FAR 1.105-2
15 is the part, 5 is the subpart, 06 is the section, and a is the paragraph.
he FAR is prepared, issued, and maintained by:
The Executive Office of the President.
The Office of Management and Budget and the General Services Administration.
The National Contract Management Association.
The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration.
FAR 1.103
The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration.
Who is responsible for printing, publishing, and distributing the Federal Acquisition Regulation?
The DAR Council and CAA Council, jointly
The FAR Secretariat, as authorized by GSA
A FAR Representative authorized by the Secretary of Defense
The Administrator of General Services
FAR 1.201-2
The FAR Secretariat, as authorized by GSA
Revisions to the FAR will be prepared and issued through the coordinated action of:
The Defense Logistics Agency and the General Services Administration.
The General Services Administration and the FAR Secretariat.
The Defense Acquisition Regulations Council and the Civilian Acquisition Council.
The FAR Revisions Board and the FAR Secretariat.
FAR 1.201-1
The Defense Acquisition Regulations Council and the Civilian Acquisition Council.
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 is the:
Activity Address Code (AAC)
Procurement Instrument Identification (PIID)Â
Line Item Number
CAGE Code Number
FAR 2.101
Activity Address Code (AAC)
Governmentwide point of entry (GPE) means the single point where Government business opportunities greater than ___________, including synopses of proposed contract actions, solicitations, and associated information, can be accessed electronically by the public.
35000
20000
35000
25000
FAR 2.101
25000
In the FAR citation “FAR 25.1102(a)(2),” what is referred to by the number 11?
Subsection 25.11
Subpart 25.11
Paragraph 11
Section 11
FAR 1.105-2
Subpart 25.11
Where can you make a recommendation for a new form if you are not affiliated with an executive agency?
Government Accountability Office
General Services Administration
the FAR Secretariat
Recommendations are not permitted
FAR 53.108
the FAR Secretariat
hen might contracting offices request exceptions to standard forms?
Overprinting forms
Computer generated forms
Special construction and printing forms
Continuation sheets
FAR 53.106
Overprinting forms
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering.
What is the Federal Acquisition Regulation?
The Federal Acquisition Regulation (FAR) is a set of instructions written for federal employees conducting
“acquisitions,” or buying goods and services. This acquisition process is also called contracting, procurement, purchasing, or “buying stuff.”
The FAR explains to the government employees
—mostly government contracting officers-what processes to follow when “buying stuff” on behalf of the federal agency. For example, the FAR prescribes which clauses to insert depending on the substance and purpose of a federal contract.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering.
What are the guiding principles of the FAR?
The guiding principles of the FAR are as follows:
Satisfy the federal client in terms of cost, quality, and delivery.
Maximize the use of commercial products and commercial services.
Select contractors with good past performance or the ability to perform.
Promote competition among contractors.
Conduct business with integrity, fairness, and transparency.
Fulfill government policy objectives.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What is the most interesting section in the FAR?
The most interesting section is FAR 1.102-5(e), which states the following:
“If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the 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.
Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority.
Contracting officers should take the lead in encouraging business process innovations and ensuring that business decisions are sound.”
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
To whom does the FAR apply?
The FAR applies to federal employees conducting acquisitions, a function otherwise known ascontracting, procurement, purchasing, or “buying stuff.” The FAR is written primarily for contracting officers, who have the authority to sign, modify, administer, and terminate contracts on behalf of the federal government.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
Where can I find the official text of the FAR?
The official, online source of the FAR is www.acquisition.gov, which is maintained by the General Services Administration. However, I must warn you: I have found several errors over the years in this “official” source. For that reason, although www.acquisition.gov is convenient and easy to use, I do not trust it fully.
Another official source for any regulation, including the FAR, is the electronic Code of Federal Regulations,
available online at www.ecfr.gov. Many other websites reproduce the FAR or discuss the FAR. Just remember that the official website for the FAR is www.acquisition.gov and the official website for all regulations, including the FAR, is www.ecfr.gov.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What is the Code of Federal Regulations?
The Code of Federal Regulations (CFR) is the organized set of all federal regulations, including the FAR. The CFR is organized by titles and chapter. The FAR is Chapter 1 of Title 48 of the CFR.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
Is there a pattern I can recognize in every single FAR clause in my government contract?
A simple pattern applies to all FAR clauses, telling you the origin and purpose of each FAR clause. Every FAR clause starts with 52 because all FAR clauses are found in FAR Part 52. After the number 52, every FAR clause has a period or dot, then three numbers, then a dash, then more numbers. Pay attention to the first three numbers after the period.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
Why should I pay attention to the first three numbers after the period in the FAR clause?
Of those three numbers, the first will be the number two. That detail is not important. But the second and third numbers tell you something very important about the FAR clause.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What do the second and third numbers indicate?
If the FAR clause starts with 52.219, that clause derives from FAR Part 19, Small Business Programs.
Ignore the 52 and ignore the number two after the period. You are left with 19, which tells you that FAR clause comes from FAR Part 19, Small Business Programs. Another example is a FAR clause that starts with 52.249. Any FAR clause that starts with 52.249 derives from FAR Part 49, Termination of Contracts.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
How should you interpret imperative sentences within the FAR?
If you read an “imperative sentence” in the FAR, or a
sentence that requires action, the general rule is that the contracting officer is responsible for this action.
Unless another person or party is expressly listed as responsible, the contracting officer is responsible by default.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What is a deviation?
A deviation occurs when the government breaks the rules of the FAR in any one of several specific ways, such as the following:
Including a contract clause that is inconsistent with
the FAR
Including a solicitation provision that is inconsistent
with the FAR
Failing to include a clause or provision when the FAR requires it
Using unauthorized, “modified” versions of clauses or provisions
Think of a deviation as a limitation of the power of federal agencies, which are supposed to follow the FAR. If the agency starts “home-brewing” its own FAR clauses, this practice diminishes the authority of the FAR system and creates confusion in the government contracting industry.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What is a ratification?
A ratification is the formal process whereby an agency
“fixes” an unauthorized commitment using the approval of a federal employee who has the authority to sign the original contract.
FAR PART 1, FEDERAL ACQUISITION REGULATIONS SYSTEM
FAR Part 1 provides you the basics of how the Federal Acquisition Regulation works, including its purpose, applicability, arrangement, and numbering
What is a determination and findings (D&F)?
A determination and findings (D&F) is a formal memo in a special format, signed by the appropriate federal employee, who is often the contracting officer. Some actions or decisions require a D&F to document that the contracting officer thoroughly examined and considered the action or decision. In the D&F, the “determination” (conclusion, decision to act) is supported by the “findings” (facts, data, or evidence).
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What is the difference between a clause and provision?
Clauses go in the contract. Provisions go in the solicitation. Therefore, we call them contract clauses and solicitation provisions. There may be some overlap, such as when a contract clause is found in both the solicitation and resulting contract, but that overlap is to give every potential contractor notice that the clause will apply. If you see the contract clause in the solicitation, that indicates any resulting contract will also include the clause.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What is the secret code of all FAR clause numbers?
If the FAR clause starts with 52.219, that clause derives from FAR Part 19, Small Business Programs.
Ignore the 52 and ignore the number two after the period. You are left with 19, which tells you that FAR clause comes from FAR Part 19. Another example is a FAR clause that starts with 52.249. Any FAR clause that starts with 52.249 derives from FAR Part 49, Termination of Contracts.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
Why should I care about the FAR Part that corresponds to the FAR clause?
Each FAR clause has specific directions to the contracting officer about when to insert the clause.
This detail helps you understand the purpose of the
FAR clause and gives you negotiating leverage if you want to remove it before signing the contract.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What is a prescription clause?
Every FAR clause has a prescription clause in the beginning of the text of the clause. The prescription clause tells the contracting officer to insert the clause into contracts under certain circumstances.
For example, insert the clause into any contracts for construction greater than $5 million, or insert the clause into any contracts performed overseas.
If the circumstances of your government contract do not match the prescription clause for a FAR clause currently in your contract, try to get the contracting officer to remove the FAR clause. If you find this discrepancy before signing the contract, ask to remove the clause before signature.
Even if you are performing a contract that you signed years ago, you might be able to persuade the contracting officer to remove an inappropriate clause. Your most powerful method of persuasion is to reference the prescription clause and demonstrate that your contract is not applicable.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What does “ALT” or “alternate” signify in the title of a FAR clause?
Some FAR clauses have alternate versions to use for different circumstances, although the substance or topic of each clause remains the same. For example, there are several alternates for the Changes clause for cost-reimbursement contracts. The alternate versions apply depending on whether the contract is for services, supplies, or construction. Yet all versions or alternates are Changes clauses which apply to the cost-reimbursement contracts.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What does the date after the FAR clause mean?
You may notice the FAR clauses in your contract have a date, usually within parentheses, after the number and title. Just as the rest of the FAR is updated constantly, FAR clauses are also frequently updated.
Therefore, the date after the FAR clause refers to the last update to that FAR clause. The date is referred to as the “version” of the FAR clause to distinguish it from earlier or later revisions of the same FAR clause.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
Can the contracting officer update my FAR clauses when exercising the option?
Yes, but by changing the FAR clauses, the government loses its right to exercise the option unilaterally (without your permission). Your company agreed to perform the option period when it signed the contract, but your company did not agree to the updates to the FAR clause. The contracting officer must separate these modifications to retain the right to unilaterally exercise your option.
While the contracting officer can combine the option exercise with other changes, this combination means your company may be entitled to an “equitable adjustment,” meaning money, schedule extensions, or other contractual relief.
FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FAR Part 52 contains all the standard contract clauses and solicitation provisions.
What are the Limitations on Subcontracting clauses?
The Limitations on Subcontracting clauses strictly control how much and to whom you can subcontract work under your prime contract with the government.
For more information, read Part 19, Small Business Programs.
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is the Standard Form (SF) 1402?
SF 1402, Certificate of Appointment, is the form for a contracting officer warrant to sign, administer, modify, and terminate contracts. The SF 1402 is referred to as the contracting officer’s “warrant.” You can request a copy of the warrant of your contracting officer to verify the ability to sign your company’s contracts. Learn more about contracting officer warrants in Introductory Chapter 1.
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is SF 1449?
SF 1449, Solicitation/Contract/Order for Commercial Items, is the preferred form for solicitationsor purchase orders for commercial products or commercial services. You may encounter the SE 1449 during simplified acquisition procedures of FAR Part 13, or when the government combines the commercial procedures of FAR Part 12 with other contract competition methods.
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is SF 18?
SF 18, Request for Quotations, is the form for requesting price quotations.
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is SF 30?
SE 30, Amendment of Solicitation/Modification of Contract, is the form for amending the solicitation or modifying your government contract. You can expect to see several modifications using the SF 30 during your contracting career.
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is SF 26?
SE 26, Award/Contract, is the form to sign a new contract with your company. Hopefully, you will
FAR PART 53, FORMS
FAR Part 53 contains guidance for standard forms used in government contracting
What is the DD 254 form?
You will become familiar with the DD 254 if you perform contracts with security classification requirements. Department of Defense (DD) Form 254 conveys the security requirements for contractors who require access to classified information. You may secret and top secret
Governmentwide point of entry (GPE) means the single point where Government business opportunities greater than ___________, including synopses of proposed contract actions, solicitations, and associated information, can be accessed electronically by the public.
35000
20000
35000
25000
FAR 2.101
25000
SF 1402 form
SF 1402, Certificate of Appointment, is the form for a contracting officer warrant to sign, administer, modify, and terminate contracts. The SF 1402 is referred to as the contracting officer’s “warrant.” You can request a copy of the warrant of your contracting officer to verify the ability to sign your company’s contracts. Learn more about contracting officer warrants in Introductory Chapter 1.
SF 1449 form
SF 1449, Solicitation/Contract/Order for Commercial Items, is the preferred form for solicitationsor purchase orders for commercial products or commercial services. You may encounter the SE 1449 during simplified acquisition procedures of FAR Part 13, or when the government combines the commercial procedures of FAR Part 12 with other contract competition methods.
SF 18 form
SF 18, Request for Quotations, is the form for requesting price quotations.
SF 30 form
SE 30, Amendment of Solicitation/Modification of Contract, is the form for amending the solicitation or modifying your government contract. You can expect to see several modifications using the SF 30 during your contracting career.
SF 26 form
SE 26, Award/Contract, is the form to sign a new contract with your company. Hopefully, you will
DD 254 form
You will become familiar with the DD 254 if you perform contracts with security classification requirements. Department of Defense (DD) Form 254 conveys the security requirements for contractors who require access to classified information. You may secret and top secret
The statutory limit for fee for experimental, developmental, or research work performed under a cost-plus-Fixed-fee contract is ____ of the contractor’s estimated cost, excluding fee.
15%
6%
10%
25%
FAR 15.404-4
15%
Which of the following is not an exception to certified cost or pricing data requirements?
Emergency acquisition
Adequate price competition
Commercial items
Prices set by law or regulation
FAR 15.403-1
Emergency acquisition
An offeror may request a post-award debriefing by submitting a written request for debriefing to the Contracting officer to be received within _____ days after receipt of a notice of contract award.
3
7
5
10
FAR 15.506
3
A post-award debriefing should ideally occur within ____ days after receipt of the written request for a debriefing by the offeror.
7
3
5
10
FAR 15.506
5
The Contracts Dispute Act of 1978 states contractors shall provide certification as specified in FAR 33.
$100,000
$15,000
$65,000
$150,000
FAR 33.207(a)
100,000
Within _____ work day(s) of filing a protest with the GAO, a copy must be provided to the contracting officer.
5
1
3
7
FAR 33.104(a)(1)
1
When must contracting officers synopsize contract awards?
When contract awards exceed $25,000
When contract awards exceed $15,000
When contract awards exceed $30,000
When contract awards exceed $20,000
FAR 5.3
When contract awards exceed $25,000
When should a Contracting Officer publicize a requirement in the GPE though a synopsis?
The Contracting Officer should publicize 1 week prior to solicitation.
The Contracting Officer should publicize 30 days prior to solicitation.
The Contracting Officer should publicize 1 month prior to solicitation.
The Contracting Officer should publicize 15 days prior to solicitation.
FAR 5.203
The Contracting Officer should publicize 15 days prior to solicitation.
Imprest Funds are used for cash purchases below what level?
$1,000
$500
$2,500
$750
FAR 13.305
500
The Bonds statute requires performance and payment bonds for any construction contract valued in excess of _________?
$150,000
$650,000
$1,000,000
$2000
FAR 28.102-1(a)
$150,000
A contractor may assign monies due or to become due under a government order/contract only when the contract value totals _________ or more.
$25,000
$1,000
$100
$500
FAR 32.802
1,000
Service Contracts valued in excess of ___________ must contain mandatory provisions regarding minimum wage and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates.
$2,000
$1,000
$1,500
$2,500
FAR 22.1002-1
2500
All contracts subject to 41 U.S.C. chapter 65, (the statute), and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation (all the stock of which is beneficially owned by the United States) for the manufacture or furnishing of materials, supplies, articles, and equipment (referred to in this subpart as supplies) in any amount exceeding _______shall include or incorporate by reference the stipulations required by the statute pertaining to such matters as minimum wages, maximum hours, child labor, convict labor, and safe and sanitary working conditions.
$250,000
$2,500
$10,000
$15,000
FAR 22.6
15,000
An Independent Government Estimate of construction costs shall be prepared and furnished to the Contracting officer for each proposed contract and contract modification anticipated to exceed:
$100,000
$1,000,000
$150,000
$500,000
FAR 36.203(a)
150,000
Micro purchase threasholds
10k everything
2k construction
2.5k services
Simplified acquisition threashold
250k except
contingent operation 800k intl 1.5m
humanity 800k 1.5m intl
Forms
SF18 request quote
SF30 amendment
SF44 PO
OF336 contingency-
Which of the following is not a reason to allocate a cost to a government contract?
It is necessary to the overall operation of the business.
Bona fide need.
It benefits both the contract and other work, and can be distributed to them in a reasonable manner.
It is incurred specifically for the contract.
FAR 31.201-4
Bona fide need.
FAR PART 3, IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
FAR Part 3 covers the ethical rules of government contracting, including conflicts of interest.
What can my company do to avoid or mitigate conflicts of interest?
Create a written Code of Business Ethics and Conduct and tailor your documents to comply with government contracting policy. Designate an “ethics official” for your company, who is responsible for all such issues, including fielding questions from your employees.
Provide your employees thorough and regular training about ethics. Train your employees to recognize when the work they perform may “conflict out” your company (may prevent your company from proposing to win an upcoming government contract because of a conflict of interest). If necessary, set up “firewalls” (physical or abstract separations or preventative measures) between your employees who perform onsite support services versus employees who write proposals and develop new business (win contracts). If you do not have a qualified expert on staff, hire an outside consultant to help you with these processes.
FAR PART 3, IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
FAR Part 3 covers the ethical rules of government contracting, including conflicts of interest.
Why is the Procurement Integrity Act important for government contractors?
If your pricing, financial, or other proprietary information were released to your competitors, your company would encounter substantial problems.
Your competitors could undercut your pricing or steal your “secret sauce.” For these reasons, the Procurement Integrity Act restricts the government from releasing your proprietary information. In addition to protecting your proprietary information, the
Procurement Integrity Act also protects government source selection sensitive information.
FAR PART 3, IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
FAR Part 3 covers the ethical rules of government contracting, including conflicts of interest.
What is the difference between proprietary information versus source selection sensitive information?
Ask yourself who cares more about protecting the information. You can easily distinguish between proprietary information versus source selection sensitive information. Both are protected from improper disclosure by the Procurement Integrity Act. However, controlling proprietary information protects your company. Controlling source selection sensitive information protects the government’s selection process.
For example, the names of government source selection decisionmakers and the draft version of a proposal evaluation are both source selection sensitive. The names and draft provide intimate details about the government’s selection process.
In contrast, your company’s pricing and financial details are proprietary information. Spreading this information will hurt your company.
FAR PART 24, PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
FAR Part 24 provides details about Freedom of Information Act (FOIA) requests
How are FOIA requests relevant to government contractors?
You can use FOIA requests to gather business intelligence on your clients and competitors. If there is no easier way to obtain information about your competitors, FOIA can force the government to divulge information about the current or prior contractor as well as the federal contract itself, within certain limitations.
FAR PART 31, CONTRACT COST PRINCIPLES AND PROCEDURES
FAR Part 31 provides a long list of allowable and unallowable costs.
What are the three considerations for determining whether a cost can be reimbursed?
To determine if a cost is reimbursable (under a cost-reimbursement contract), you need to evaluate three factors: allowability, allocability, and reasonableness.
Ask these three questions: Is this cost allowable? Is this cost properly allocated (to the contract)? Is this cost reasonable?
FAR PART 31, CONTRACT COST PRINCIPLES AND PROCEDURES
FAR Part 31 provides a long list of allowable and unallowable costs.
What is an allowable cost?
Allowability refers to whether that specific cost is explicitly allowed in your contract or in FAR Part 31.
You can find a long list of allowable and unallowable costs in FAR Part 31. For example, entertainment costs like season tickets for the regional sports team are unallowable. For another example, the cost of holding shareholders’ meetings is allowable.
FAR PART 31, CONTRACT COST PRINCIPLES AND PROCEDURES
FAR Part 31 provides a long list of allowable and unallowable costs.
What is a reasonable cost?
Determining whether a cost is reasonable is a check
mostly used against ridiculous prices or unnecessary expenses. Determining reasonableness is rather subjective, of course.
For a seller who has multiple Defense Priorities and Allocation System (DPAS) orders from federal agencies, the correct order of priority (highest being ?first) for orders from contracts in support of the national defense:
DO rated orders, DX rated orders, unrated orders
DX rated orders, DO rated orders, unrated orders
DO rated orders, unrated orders, DX rated order
Unrated orders, DO rated orders, DX rated orders
FAR 11.603
DX rated orders, DO rated orders, unrated orders
What are the two types of contract modifications?
Negotiated and administrative
Limited and unlimited
Enforceable and unenforceable
Unilateral and bilateral
FAR 43.103
Unilateral and bilateral
A Department of Commerce regulation in support of approved national defense, emergency preparedness, and energy programs is known as the _____________.
Defense Priorities and Allocation System.
DOC Emergency Authorization System.
Approved program.
Defense Authorization Act.
FAR 11.600
Defense Priorities and Allocation System.
FAR PART 7, ACQUISITION PLANNING
FAR Part 7 explains how the government makes acquisition decisions and what qualifies as inherently governmental functions.
What does life-cycle cost mean?
Life-cycle cost means the total cost for the government of acquiring, operating, supporting, maintaining, and eventually disposing of whatever the government buys. The important concept is that the government’s total cost does not stop after the contract is signed, or even after the contract period of performance is completed.
For complex purchases, such as multi-million-dollar programs, the life-cycle costs can span decades. The cost of supporting or maintaining major weapons systems can be several multiples of the upfront purchase price. You can compare this process to the life-cycle cost of your car. In addition to the purchase price of the car, you must pay for parking, maintenance, repairs, insurance, fuel, and other lifecycle costs.
FAR PART 7, ACQUISITION PLANNING
FAR Part 7 explains how the government makes acquisition decisions and what qualifies as inherently governmental functions.
What is consolidation?
Consolidation refers to when the government combines two or more requirements into a single contract. In other words, instead of awarding two or more contracts, the government awards only one contract. Consolidation of contracts can save time and money but can also prevent smaller companies from competing on the consolidated contract. Larger contracts provide a distinct advantage for larger companies.
FAR PART 7, ACQUISITION PLANNING
FAR Part 7 explains how the government makes acquisition decisions and what qualifies as inherently governmental functions.
What is bundling?
Bundling is a minority subset of consolidation. Not all consolidation qualifies as bundling, but all bundling is also consolidation. Bundling occurs when the government consolidates two or more requirements that were previously performed by small businesses, and that consolidated contract is no longer suitable for performance by small businesses. Therefore, bundling is a subset of consolidation that shuts out the possibility of small business performing as the prime contractor. For these reasons, the government avoids bundling requirements. When the government decides to bundle contracts, they must justify the decision in writing.
FAR PART 7, ACQUISITION PLANNING
FAR Part 7 explains how the government makes acquisition decisions and what qualifies as inherently governmental functions.
What is an inherently governmental function?
An inherently government function is a service, action, determination, or duty so intimately related to the public interest that it requires a federal employee’s performance (rather than a contractor’s).
Some activities cannot or should not be outsourced to contractors, we call them inherently governmental functions.
The simplest example is the President of the United States, whom Americans elect via the electoral college to be the chief executive. Although the following example is silly, it colorfully illustrates the principle of inherently governmental activities.
If the duly elected President of the United States hired a contractor to make every single decision, while the President drank margaritas in the Florida Keys, most Americans would be rightfully angry. Why is the President outsourcing the principal duties of the Office of the Presidency? Why is a contractor— who was not elected-making decisions that affect the entire nation? Why is a contractor writing and signing executive orders and negotiating deals with foreign leaders? Keep this silly example in the back of your mind when you consider other examples of inherently governmental activities.
FAR PART 11, DESCRIBING AGENCY NEEDS
FAR Part 11 explains how the government describes what it wants to buy.
What does it mean to describe requirements in terms of functions to provide, performance specifications, or essential physical characteristics?
The goal of these policies is to shape government solicitations towards objective outcomes or characteristics so that any qualified contractor can win and perform the contract. Avoid using a brand name or proprietary technology in the description of the requirement so that many companies can compete, instead of just one or few.
For example, let’s discuss the agency’s need for laptop computers. We will start with a very poor, anticompetitive description of the agency’s needs:
“The agency needs an Apple-branded laptop computer that has smooth edges.”
This description is anticompetitive because only Apple can manufacture the laptop. There are no required functions or performance specifications. Also, having smooth edges sounds like a personal preference, not an essential physical characteristic that will help the agency or its employees.
Let’s modify the agency’s description to fit the policy goals found in FAR Part 11:
“The agency needs a laptop computer that contains a disk drive, performs with no interruption in very hot weather (above 90 degrees Fahrenheit), and can fit within a backpack that is 16 inches wide, 20 inches long, and 8 inches deep.”
Now the requirements follow the policy goals of
FAR Part 11 by describing objective performance specifications, functions, or physical characteristics.
Disk drive (function to be provided)
Performs in hot weather (performance specification)
Fits in a backpack (essential physical characteristic)
FAR PART 11, DESCRIBING AGENCY NEEDS
FAR Part 11 explains how the government describes what it wants to buy.
What rules must the government follow to restrict the solicitation to a brand name?
If the solicitation is restricted to a particular brand name only, the government must say so explicitly and explain its justification. It is acceptable to limit competition to a brand name, but there must be a reason the government needs the brand name. It cannot be based solely on a brand preference. There must be some other relevant or “salient” characteristic of the brand name that benefits the government.
Requiring Apple products is an example of a government contract competition restricted to a brand name. The justification could be that the entire information technology system of the government is compatible only with Apple products. However, the justification cannot be that the government employees simply “like” Apple products.
FAR PART 43, CONTRACT
MODIFICATIONS
FAR Part 43 explains the various types of contract modifications you may encounter.
Do commercial government contracts allow for unilateral change orders?
No, commercial government contracts using FAR Part 12 procedures do not allow for unilateral changes.
All changes under commercial government contracts must be agreed upon by signature of the contracting officer and contractor. If your commercial government contract includes some version of the Changes clause, you should negotiate to remove it. For more info about commercial contracting procedures, read Part 12, Acquisition of Commercial Items.
FAR PART 43, CONTRACT
MODIFICATIONS
FAR Part 43 explains the various types of contract modifications you may encounter.
What is an equitable adjustment?
An equitable adjustment is a modification to the contract price, schedule, or other terms to reflect changed circumstances. Most equitable adjustments are in response to a change order directed by the contracting officer under the Changes clause. For example:
- Contracting officer issues a change order to use more expensive material
- Your company complies with the change order because of the Changes clause
- Your company incurs greater
costs
than
contemplated under the original contract - Your company submits a request for equitable adjustment (REA) for more money
- Contracting officer grants your REA
- Contracting officer modifies the contract to pay you more money (equitable adjustment)
FAR PART 43, CONTRACT
MODIFICATIONS
FAR Part 43 explains the various types of contract modifications you may encounter.
What is a request for equitable adjustment or REA?
Learn more about requests for equitable adjustment
(REA) and claims under the Contract Disputes Act in Part 33, Protests, Disputes, and Appeals. You can also read my full-length article on this topic by emailing me at Christoph@ChristophLLC.com.
A competition advocate:
is appointed by the Officer of Federal Procurement Policy
is the Head of the Procuring Activity
promotes acquisition of commercial items; promotes full and open competition; challenges ambiguous and restrictive work statements; challenges barriers to the acquisition of commercial items and full and open competition
is the Head of the Agency who promotes competition
FAR 6.502
promotes acquisition of commercial items; promotes full and open competition; challenges ambiguous and restrictive work statements; challenges barriers to the acquisition of commercial items and full and open competition
FAR PART 6, COMPETITION REQUIREMENTS
FAR Part 6 explains the different levels of competition and provides instructions for limiting competition by issuing a Justification and Approval (J&A).
Is a small business set-aside an example of full and open competition after exclusion of sources?
Yes, the most common example of using full and open competition after exclusion of sources is whenthe government solicits a contract as a small business set-aside. When only small businesses are eligible to compete for the contract, we have full and open competition but only among small businesses. The
“exclusion of sources” refers to all the large businesses that are ineligible to compete.
Another example is when the government solicits a contract as a women-owned small business (WOSB) set-aside. In this example, the excluded sources include all large businesses and also small businesses that do not qualify as WOSB.
Yet another example is when the government restricts award to local companies after a major disaster or emergency. By excluding any companies not in the disaster area, the government helps the local economy recover by stimulating local businesses.
Apart from set-asides or preference for local companies, the government has one more reason to exclude certain sources. Sometimes the government wants to create or maintain alternative sources, so the government decides to “spread the wealth.” By excluding certain sources, the government “spreads the wealth” to alternative sources.
For example, company XYZ wins 90 percent of the contracts for medical devices. By excluding company XYZ, the government diversifies its supplier base for medical devices. The other companies receive more contracts, increase their revenue, and expand their market share to become an alternative source for the government.
FAR PART 6, COMPETITION REQUIREMENTS
FAR Part 6 explains the different levels of competition and provides instructions for limiting competition by issuing a Justification and Approval (J&A).
What types of contracting procedures qualify as full and open competition?
FAR Part 6 lists the following as methods of contract competition that satisfy the requirements of full and open competition: sealed bidding, competitive proposals, combinations of competitive procedures (such as two-step sealed bidding), and other competitive procedures.
Other competitive procedures (that also satisfy full and open competition) include the following: selection of sources under architect-engineer contracts using the procedures of the Brooks Act, orders from General Services Administration (GSA) Schedule contracts, and Broad Agency Announcements (BAA) for research that use peer or scientific review for selection decisions.
FAR PART 6, COMPETITION REQUIREMENTS
FAR Part 6 explains the different levels of competition and provides instructions for limiting competition by issuing a Justification and Approval (J&A).
What are the seven acceptable reasons for the government to issue a J&A for other than full and open competition?
This mnemonic device will help you to remember the seven reasons for a J&A or justification and approval for other than full and open competition: IOUSNIP.
Each of the letters stands for a possible reason for issuing the J&A. The most common reason is “sole source,” which is “only one source” in the mnemonic device, IOUSNIP. Here’s the complete list:
International agreement
Only one source
Urgency
Statute (a specific law)
National security
Industrial mobilization
Public interest
International agreement means a treaty with a foreign country requires a particular vendor to win the government contract. The term only one source is self-explanatory. Only one source can perform the service or deliver the product. Urgency means an unusual and compelling urgency threatens serious injury to the government. Lack of planning does not count!
Statute means that a law passed by Congress requires a particular vendor to win the government contract.
National security is a vague reason that can mean almost anything, depending on your opinion.
Industrial mobilization means the government needs to bolster specific industries or certain technological capabilities. Therefore, the government will award contracts to certain companies to keep this industry strong or influence it toward new priorities. Finally, public interest is a vague excuse that can be abusedeasily. What is the public interest? You tell me! Let’s argue for a few hours. To protect against overuse of the public interest exception, federal agencies must notify Congress if they intend to use public interest to avoid full and open competition.
FAR PART 7, ACQUISITION PLANNING
FAR Part 7 explains how the government makes acquisition decisions and what qualifies as inherently governmental functions.
What is an inherently governmental function?
An inherently government function is a service, action, determination, or duty so intimately related to the public interest that it requires a federal employee’s performance (rather than a contractor’s).
Some activities cannot or should not be outsourced to contractors, we call them inherently governmental functions.
The simplest example is the President of the United States, whom Americans elect via the electoral college to be the chief executive. Although the following example is silly, it colorfully illustrates the principle of inherently governmental activities.
If the duly elected President of the United States hired a contractor to make every single decision, while the President drank margaritas in the Florida Keys, most Americans would be rightfully angry. Why is the President outsourcing the principal duties of the Office of the Presidency? Why is a contractor— who was not elected —making decisions that affect the entire nation? Why is a contractor writing and signing executive orders and negotiating deals with foreign leaders? Keep this silly example in the back of your mind when you consider other examples of inherently governmental activities.
FAR PART 14, SEALED BIDDING
FAR Part 14 provides procedures for using sealed bidding.
How does the government select a winner under sealed bidding?
Price is supposed to be the primary decision factor for award. Ideally, the government shared a precise and exhaustive list of specifications so that all bidders understand exactly what must be performed under the contract. Therefore, the only evaluation factor should be price or price-related factors.
FAR PART 14, SEALED BIDDING
FAR Part 14 provides procedures for using sealed bidding.
What does “responsive” mean under sealed bidding?
Responsive refers to whether the bid conforms to all material elements of the IFB or government specifications. If your company leaves out an important item required by the IFB, or fails to follow the IFB, your bid may be considered nonresponsive. If your bid is nonresponsive, you are not eligible for award.
The requirement of responsiveness is one way to keep all sealed bidders on equal footing. If one bidder tries to get an unfair advantage by submitting a lower price based on a material deviation from the IFB, the government cannot possibly reward that bidder because such a bid is nonresponsive and therefore ineligible for award.
FAR PART 14, SEALED BIDDING
FAR Part 14 provides procedures for using sealed bidding.
Why would the government use two-step sealed bidding?
Two-step sealed bidding makes sense when the government does not have a precise set of technical standards already developed, which is a requirement for traditional sealed bidding.
Two-step sealed bidding allows creative input and ideas from industry, and helps the government decide what it wants and what is available in the first step. Then, in the second step, the government takes those specifications and follows a process like traditional sealed bidding.
The objective of source selection under FAR Part 15 is to select the proposal that represents the _____________________.
best value
lowest risk
best quality
lowest price
FAR 15.302
best quality
The statutory limit for fee for experimental, developmental, or research work performed under a cost-plus-Fixed-fee contract is ____ of the contractor’s estimated cost, excluding fee.
15%
6%
10%
25%
FAR 15.404-4
15%
he threshold for obtaining certified cost or pricing data is ________ for prime contracts awarded before July 1, 2018, and __________ for prime contracts awarded on or after July 1, 2018.
$750,000; $2 million
$600,000; $7.5 million
micro-purchase threshold; simplified acquisition threshold
$250,000; $3 million
FAR 15.403-4
$750,000; $2 million
In which FAR Part is the Uniform Contract Format outlined?
Part 44
Part 2
Part 15
Part 16
FAR 15
Part 15
Which of the following is not one of the four parts in the Uniform Contract Format?
Contract Clauses
Representations and Instructions
The Schedule
Statement of Work
FAR 15.204-1
Statement of Work
The four parts of the Uniform Contract Format (UCF) are:
The Schedule (Part I)
Contract Clauses (Part II)
List of Documents, Exhibits, and Other
Attachments (Part III)
Representations and
Instructions (Part IV)
The Statement of Work (SOW) is included in “The Schedule” but is not a separate part of the UCF.
FAR PART 10, MARKET
RESEARCH
FAR Part 10 directs the government to perform market research to make better contracting decisions. Savvy contractors influence the process of market research
How can contractors influence the market research process?
Market research is your opportunity to be heard. The government collects market research to make decisions. If you provide the market research, you influence the decisions. If you do not provide any information for the government’s market research, you have ceded the opportunity to your competitors.
Therefore, tell the government why you deserve the contract. Are you the best? Fastest? Lowest priced (but are you technically acceptable)?
What’s your special set-aside signal? Are you a small business? Women-owned small business or WOSB? Let the government know. Explain why your type of business is the only type of business that should qualify.
FAR PART 10, MARKET
RESEARCH
FAR Part 10 directs the government to perform market research to make better contracting decisions. Savvy contractors influence the process of market research
What is a Sources Sought Notice?
Sources Sought Notice or SSN means the government wants to know what types of businesses will compete for an upcomingcontract.
Think of the SSN as a special type of maybe the contract will be a women-owned RFI. Instead of general information like the RFI small business set-aside. requests, the SSN explores what businesses exist, what products and services they offer, and most importantly, how these businesses are classified for potential contract set-asides. Government contracts can be “set aside” for specific types of businesses, like small businesses or women-owned small businesses. Read Part 6, Competition Requirements, and Part 19, Small Business Programs for more information.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
Does the source selection authority read every proposal?
No, the source selection authority (SSA) will probably not read every proposal. Nor must the SSA evaluate every proposal, nor must the SSA read every evaluation. Instead, the SSA may receive a high-level briefing from the evaluation team (the people who actually read the proposals and provide written evaluations based on the evaluation factors). The high-level briefing will review the final evaluation ratings of the top proposals and may recommend selection of a particular contractor.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is an evaluation factor?
Government contracting competitions disclose evaluation factors to let potential contractors know what is important to the clients. If price is important, price will be an evaluation factor.
If past performance and technical specifications are important, those too will be evaluation factors.
Evaluation factor is a term of art in government contracting. Think of the evaluation factor as some attribute or characteristic of the potential contractor that generates a benefit to the government (or which creates a risk if it is absent or deficient).
Let’s say one evaluation factor is a security mitigation plan for power outages. If a potential contractor has a thorough, logical, and time-tested security mitigation plan, that plan is a significant benefit to the government client.
It may contain one or more strengths thatIf a different potential contractor has a nonsensical plan, that detail is certainly a risk for the government client.
This weakness can translate into a poor evaluation factor rating. In this example, these two potential contractors will be scored or evaluated differently on the evaluation factor of a security mitigation plan.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is the most common evaluation factor for government contract competitions?
The most common evaluation factor is price. Unless there is a special exception, price will be evaluated for all government contract awards. Even during competitions where price is the least important factor, such as in some tradeoff competitions, price is still evaluated.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is technical approach?
Technical approach is a very broad evaluation factor that may include subfactors. Sometimes the technical approach factor is simply to evaluate exactly how the potentialcontractor will perform the contract. Overreliance on technical approach may indicate that this government contracting opportunity is an “essay-writing contest.” In other words, how you write the proposal may be just as important as the objective content or promises within your proposal. Style and presentation may matter more than substance!
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is a past performance questionnaire or PPQ?
Sometimes the government evaluates your past performance using questionnaires. These questionnaires are sometimes called past performance questionnaires or PPQs. Your company submits several past performance descriptions along with the contact information for each client. The government sends questionnaire forms to each client you chose for your past performance. The clients send the questionnaires back to the government. Your company never sees the questionnaire replies, although you can find out how the government rated or evaluated your overall past performance.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is CPARS?
Sometimes the government reads about your company in the Contractor Performance Assessment Reporting System
(CPARS). The CPARS database contains records, both positive and negative, on government contractor past performance.
If your contract is eligible, the government will enter information about your company, the contract, and your performance into CPARS. This information should be objectively based on facts, dates, data, and be verifiable.
However, opinions about performance will always be
somewhat subjective.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
Can my company submit written comments to defend or
explain itself within CPARS?
Yes, as a government contractor, you can make comments about your company in CPARS. This opportunity is
available whenever the government records negative information in CPARS. Your one chance to correct the
record is to state your case in writing.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
How can my company prepare for CPARS evaluations?
To prepare for CARS evaluations, your company must collect and organize important information about its performance of all its government contracts. Keep any email messages, memoranda, or documents that show praise or positive feedback from the government. If the praise comes in person or on the phone, write a memorandum to file documenting the praise.
Keep track of key dates and deliverables. Document any problems that arise and explain what your company did to help. Information like this, based on objective documents and dates, will be helpful when you need to retell your side of the story in CARS. Keep your response objective, organized, and focused.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What info will my company receive during the debriefing?
A debriefing must include at least the following info:
Significant weaknesses and deficiencies of your proposal, if any
Overall evaluated cost or price and technical rating of the winner
Overall evaluated cost or price and technical rating of your proposal
Past performance info about your company
Overall ranking of the competitors, if such a ranking occurred
Summary of the rationale for picking the winner For commercial items, the make and model of the winner’s commercial item
Reasonable responses to relevant questions about whether the source selection
followed the solicitation rules, laws, regulations, and other applicable authorities
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What is TINA
TINA is the Truth in Negotiations Act. Congress passed a law which became known as the Truth in Negotiations Act to give the government a huge advantage in sole-source negotiations. Since there is no competition, the government requires the contractor to disclose the “cost or pricing data” associated with the final cost or price.
This is like playing poker with your cards facing up on the table. This disclosure of cost or pricing data allows the government to look at your proprietary financial information to pressure you into a lower cost or price.
If the cost or pricing data is certified, you expose your company to a significant amount of risk, so these situations should be avoided whenever possible.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What does TINA require my company to disclose?
TINA requires the contractor to disclose “cost or pricing data” and to certify the data in certain circumstances.
The government uses this information to negotiate with the contractor. Let’s be clear about this. No company would disclose this proprietary financial information (cost or pricing data) voluntarily. This deal is bad for
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
Why did Congress pass TINA to level the playing field when negotiating with large defense contractors?
Large defense contractors have billions of dollars and hundreds or thousands of highly paid employees. These defense contractors run rings around the government contracting officers and program managers. There is no comparison if one side has 30 players while the other side has a team of 3.
To level the playing field, Congress passed a law which became known as the Truth in Negotiations Act or TINA.
If there is competition, meaning two or more contractors, the government can assume the invisible hand of the free market pushes prices down to a competitive level.
However, in a sole-source negotiation, a contractor has significant power to determine pricing. TINA diminishes that power.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
What does “other than certified cost or pricing data” mean?
Sometimes the contractor has an exemption where it does not have to provide certified cost or pricing data. In these cases, the contracting officer may still request other than certified cost or pricing data. This is precisely the same information, except that your company is not required to certify the information. If this sounds like a strangely convenient benefit the government created for itself, you’re on the right track.
FAR PART 15, CONTRACTING BY NEGOTIATION
FAR Part 15 explains the process for the most complicated source selection process and provides the rules for submitting certified cost or pricing data
Does my company have to submit cost or pricing data?
No, you can always refuse to submit. However, in such a case the government is likely to decline awarding you the contract.
When you are in a sole-source negotiation for a government contract, you have a lot of leverage. You are the only potential contractor. Therefore, you might be able to get away with refusing to disclose any cost or pricing
data, despite what the laws and regulations require of the contracting officer.
There are also waiver procedures for the contracting officer to give your company a pass or exception to providing cost or pricing data. You are not guaranteed to get a waiver or pass. Nor are you guaranteed to get the government contract. You must analyze your competitive negotiation position and decide whether to play nice. If you push things too far, you might lose the government contract.
