Final Q&A Flashcards
Wrong answers
Under what circumstances can a contractor request an extension of time for completion of a construction contract and what is the process for making such a request according to FAR part 11.5?
A contractor can request an extension of time within 10 days of the beginning of a delay caused by a variation in estimated vs actual quantity of unit-priced items.
A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items exceeds +/- 15%. The request must be made within 10 days of the beginning of the delay.
A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items is less than +/- 15%. The request must be made within 10 days of the beginning of the delay.
A contractor cannot request an extension of time for completion.
FAR 11.5
B. A contractor can request an extension of time if the variation in estimated vs actual quantity of unit-priced items exceeds +/- 15%. The request must be made within 10 days of the beginning of the delay.
Explanation:
FAR Part 11.5 addresses “Liquidated Damages” for construction contracts and includes provisions related to delays caused by variations in quantities. Specifically, under FAR 11.503, a contractor is allowed to request an equitable adjustment (including time extensions) if there is a substantial variation in the estimated versus actual quantities of unit-priced items. The threshold for such a request is typically a variation exceeding +/- 15%.
Additionally, the contractor is required to notify the contracting officer within 10 days of the start of the delay to ensure timely processing of the request.
Which of the following shall not be made available to a member of the public under the Freedom of Information Act?
A statement made by a contracting officer to a mediator to resolve a dispute
A complaint received by the FCC about an inappropriate television broadcast
An FBI report profiling the suspect in an unsolved crime
An agreement giving a photographer access to photograph military assets
FAR 24
A. A statement made by a contracting officer to a mediator to resolve a dispute
Explanation:
Under the Freedom of Information Act (FOIA), certain types of information are exempt from disclosure to the public. FAR Part 24 implements FOIA guidelines to protect sensitive information. The following exemptions under FOIA are relevant:
Exemption 4: Protects trade secrets and confidential commercial or financial information.
Exemption 5: Protects inter-agency or intra-agency communications that are privileged, such as:
Attorney-client privilege
Deliberative process privilege
Which of the following contract modifications needs to be signed by both the contractor and the contracting officer?
A termination notice
An agreement definitizing a letter contract
A change authorized by the Options clause
An administrative change
An agreement definitizing a letter contract
Except as authorized by law, what is the maximum term of contracts for severable services that are funded by annual appropriations?
100 days
Five years
Until the end of the fiscal year of the appropriation
There is no maximum specified by the FAR
Until the end of the fiscal year of the appropriation
Which of the following is not a function of the General Services Administration?
Provides digital pricing tools to help federal contracting officers and others find awarded prices to use in negotiations
Management of U.S. Federal property
Allows federal agencies to acquire a wide range of commercial products, services, and software solutions from pre-approved vendors using a Multiple Award Schedule
Procurement Innovation Resource Center which provides guidance and tools to assist the GSA acquisition team with incorporating innovation into procurements
Administers foreign aid programs and humanitarian assistance to federal agencies.
FAR Part 41.203
E. Administers foreign aid programs and humanitarian assistance to federal agencies.
Explanation:
The General Services Administration (GSA) primarily focuses on managing federal property, procurement, and providing resources and solutions to federal agencies to streamline acquisition processes. FAR Part 41.203 pertains to energy procurement but does not address foreign aid or humanitarian assistance, which are responsibilities handled by other agencies such as the U.S. Agency for International Development (USAID) or the Department of State.
What is a CPSR and what is its purpose?
Contractor Pricing System Review; to ensure that a contractor is correctly and accurately applying dollar thresholds in its pricing
Contractor Purchasing System Review; to evaluate the efficiency and effectiveness with which the contractor spends Government funds
Counterfeit Part Surveillance Report; to detect and avoid the use of parts which have been misrepresented or unlawfully reproduced
Contractor Program Status Register; to record the price, quality, delivery, and technical and financial capabilities of competing vendors
Contractor Purchasing System Review; to evaluate the efficiency and effectiveness with which the contractor spends Government funds
Which is not one of the two types of Value-Engineering approaches?
Incentive approach
Teaming approach
Mandatory program
None of the above
FAR Part 48
Teaming approach
When a make-or-buy program is required of a contractor, how should major items be categorized?
“Can-make,” “can-buy,” or “can make or buy”
“Shall make” or “shall buy”
“Must make,” “must buy,” or “can either make or buy”
“Raw material,” “commercial item,” or “off-the-shelf item”
“Must make,” “must buy,” or “can either make or buy”
Which statute applies to a contract for the dismantling, demolition, or removal of improvements under FAR Part 37.301, unless further construction work is intended at that location?
The Service Contract Labor Standards statute.
The Davis-Bacon Act.
The Walsh-Healey Public Contracts Act.
The Fair Labor Standards Act.
FAR Part 37.301
B. The Davis-Bacon Act.
Explanation:
FAR 37.301 states that the Davis-Bacon Act applies to contracts for the dismantling, demolition, or removal of improvements if further construction work is intended at the location. This is because the Davis-Bacon Act is designed to ensure that workers on federally funded or assisted construction projects are paid prevailing wages.
However, if no further construction work is planned, the contract is treated as a service contract, and the Service Contract Labor Standards statute may apply instead.
Analysis of Other Options:
The Service Contract Labor Standards statute: This applies to service contracts but not when further construction is intended at the location after demolition. The Davis-Bacon Act takes precedence in those cases.
The Davis-Bacon Act: Correct, as it applies to contracts involving construction, alteration, or repair, including those where demolition is part of a broader construction effort.
The Walsh-Healey Public Contracts Act: This applies to manufacturing or furnishing materials, supplies, articles, or equipment and is not relevant to construction or demolition contracts.
The Fair Labor Standards Act: This governs minimum wage, overtime pay, and other labor standards but does not specifically apply to federal construction or demolition contracts.
When should the contracting officer charge interest on the balance of an advance payment?
When the contract is for research and development
For all contracts, except when interest is excluded by statute or agency procedures
Only under cost-reimbursement contracts with state or local governments
Always
For all contracts, except when interest is excluded by statute or agency procedures
A contract that is awarded using other than sealed bidding procedures is what?
A sole source contract
A negotiated contract
Always the best value for the Government
Not described in the FAR
A negotiated contract
If the contractor does not have an approved purchasing system, and the agency awards a covered contract type, then consent to subcontract is required for…
subcontracts for advisory and assistance services.
subcontracts that exceed the micro-purchase threshold.
cost-reimbursement, time-and-materials, labor-hour subcontracts or letter contracts and unpriced actions.
all subcontracts.
FAR Part 44
C. cost-reimbursement, time-and-materials, labor-hour subcontracts or letter contracts and unpriced actions.
Explanation:
FAR Part 44.201-1 outlines the requirements for consent to subcontract when a contractor does not have an approved purchasing system. Specifically:
Consent to subcontract is required for certain types of subcontracts, particularly when the contract type involves greater risk to the government, such as:
Cost-reimbursement subcontracts (since costs are reimbursed directly, government oversight is critical).
Time-and-materials or labor-hour subcontracts (where payment is based on labor hours and materials, increasing risk of inefficiency).
Letter contracts and unpriced actions (where terms are not fully negotiated, and potential risks are higher).
Subcontracts for fixed-price contracts below certain thresholds generally do not require consent unless specifically outlined in the prime contract
What is the term for the amount of money specified in a bond as the maximum payment for which the surety is obligated?
Bonded amount
Guaranteed amount
Performance amount
Penal amount
Penal amount
Which of the following scenarios requires posting an RFQ on e-Buy?
When the order consists of brand name specifications.
When using sole source procurement methods only.
When utilizing blanket purchase agreements (BPAs).
When the order is not being placed against a GSA schedule.
FAR Part 8.404-6
A. When the order consists of brand name specifications.
Explanation:
FAR Part 8.404-6 outlines the requirements for placing orders against General Services Administration (GSA) Federal Supply Schedules (FSS). When an agency specifies brand name products in a request for quotation (RFQ), the e-Buy system must be used to post the RFQ, unless one of the limited exceptions applies. This requirement is intended to promote competition and transparency.
Analysis of Other Options:
When the order consists of brand name specifications: Correct, as FAR 8.404-6(c) specifies that RFQs with brand name requirements must be posted on e-Buy to ensure fair opportunity for vendors to compete.
When using sole source procurement methods only: Sole source procurement generally bypasses competitive solicitation, so posting on e-Buy is not required.
When utilizing blanket purchase agreements (BPAs): BPAs established under a GSA schedule have separate procedures, and posting on e-Buy is not mandatory unless the order has brand name specifications.
When the order is not being placed against a GSA schedule: e-Buy is specifically designed for use with GSA schedule contracts, so this is not applicable.
A contractor infringes on a copyright with the authorization of the Government. What remedy is available to the copyright holder?
A suit for monetary damages against the Government in the Court of Federal Claims
An injunction against the Government, prohibiting use of the copyrighted material
A suit for monetary damages against the contractor in a Federal court
No relief is available to the copyright holder
A suit for monetary damages against the Government in the Court of Federal Claims
A failure in estimating, accumulating, or reporting costs to comply with applicable cost accounting standards is called what?
Deviation
Nonconformity
Noncompliance
Digression
Noncompliance
Who is authorized to sign a contract on behalf of the United States?
Only the contracting officer
The contracting officer, or a representative appointed by the contracting officer
Any representative of the procuring agency
Only the senior procurement executive of the procuring agency
Only the contracting officer
If hazardous materials are expected to be used during contract performance, what must the apparent successful offeror do prior to contract award?
Make all reasonable efforts to procure nonhazardous materials instead
Make a list of the hazardous materials to be used available to the public
Furnish hazardous material data on a Material Safety Data Sheet
Require bonding and insurance during performance of the contract
Furnish hazardous material data on a Material Safety Data Sheet
A mineral required for production in performance of a contract is not mined in the United States, but can be acquired from another country. How does the Buy American statute apply in this case?
The mineral must be acquired from a domestic supplier
The mineral is considered a foreign end product
Performance of the contract must be stopped until a domestic substitute becomes available
The mineral may be acquired from a foreign source if it is in the best interest of the Government
The mineral may be acquired from a foreign source if it is in the best interest of the Government
Agencies shall use simplified acquisition procedures to the maximum extent practicable…
for all purchases of supplies or services exceeding the simplified acquisition threshold.
for all purchases of supplies or services not exceeding the simplified acquisition threshold, including purchases at or below the micro-purchase threshold.
for all purchases of supplies or services not exceeding the micro-purchase threshold.
for all purchases of supplies or services between the micro-purchase threshold and the simplified acquisition threshold.
for all purchases of supplies or services not exceeding the simplified acquisition threshold, including purchases at or below the micro-purchase threshold.
xcept as specifically permitted by executive agencies, the fast payment procedure may not be used for individual purchasing instruments exceeding what amount?
$15,000
$75,000
$35,000
$10,000
$35,000
Which of the following is true about size standards?
The size standards established by the SBA are universal for all industries
NAICS codes are updated by OMB every year
A new NAICS code can be used for up to 12 months before SBA issues a size standard for it
Application of size standards includes specifying the size standard in the solicitation
The statutory limit when negotiating fee for a Cost-Plus-Fixed-Fee contract for maintenance services is what percent of the contract’s estimated cost, excluding fee?
10 percent
15 percent
6 percent
There is no fee limitation
FAR 15.404-4(c)(4)(i) or FAR 16.306(c)
A. 10 percent
Explanation:
Under FAR 15.404-4(c)(4)(i) and FAR 16.306(c), when negotiating a fee for a Cost-Plus-Fixed-Fee (CPFF) contract, statutory fee limitations are set depending on the type of work:
Research and Development Work: The fee limit is 15% of the contract’s estimated cost (excluding the fee).
Architectural and Engineering Services: The fee limit is 6%.
Other Work, including maintenance services: The fee limit is 10% of the contract’s estimated cost (excluding the fee).
Which of the following is a system whereby the contracting officer receives authorization from a fiscal and accounting officer to obligate funds on purchase documents against a specified lump sum of funds reserved for the purpose for a specified period of time rather than obtaining individual obligation authority on each purchase document?
a charge account.
long lead funding.
bulk funding.
a blanket purchase agreement (BPA).
C. Bulk funding.
Explanation:
Bulk funding is a method where a lump sum of funds is reserved for a specific purpose and period, allowing the contracting officer to obligate funds against that sum without needing individual obligation authority for each purchase document. This approach simplifies administrative procedures for multiple small purchases by using a pre-approved pool of funds.
Analysis of Other Options:
A charge account: This term is not relevant in the context of government contracting or funding mechanisms under the FAR.
Long lead funding: Refers to the allocation of funds for items or components that require a long lead time to produce or procure, not a system for obligating funds for multiple purchases.
Bulk funding: Correct. This method reserves a lump sum of funds for specified uses, streamlining the process for small purchases.
A blanket purchase agreement (BPA): BPAs are agreements between the government and a vendor to simplify repetitive purchases of supplies or services. They are not a funding mechanism but rather a procurement t
Which of the following proposal analysis techniques is the process of independently reviewing and evaluating specific elements of each offeror’s proposed cost estimate to determine whether the estimated proposed cost elements are realistic for the work to be performed?
Cost Analysis
Cost Realism Analysis
Price Analysis
Price Realism Analysis
Cost Realism Analysis
Which of the following is NOT prohibited under the Prohibition on Contracting for Certain Telecommunications and Video Surveillance?
A contractor using a covered telecommunications system that is not used in the performance of a federal contract.
Extending an existing contract that contains covered telecommunication equipment.
Entering into a contract that is 30 days or fewer for services that use covered telecommunications equipment.
Providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements.
FAR 4.2102
D. Providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements.
Explanation:
Under FAR 4.2102, the Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (as per Section 889 of the 2019 National Defense Authorization Act) outlines restrictions on federal contracting involving certain covered telecommunications equipment and services (e.g., equipment from Huawei, ZTE, and other blacklisted entities). However, there are some exceptions, including:
Backhaul, roaming, and interconnection arrangements: These are not prohibited because they are incidental third-party services that contractors cannot control directly.
Analysis of Other Options:
A contractor using a covered telecommunications system that is not used in the performance of a federal contract: Prohibited. FAR prohibits contractors from using covered equipment or services, even if not directly used for the federal contract, unless a waiver is granted.
Extending an existing contract that contains covered telecommunication equipment: Prohibited. Extending or renewing contracts involving covered equipment is not allowed under the prohibition.
Entering into a contract that is 30 days or fewer for services that use covered telecommunications equipment: Prohibited. There is no exemption based on contract duration; any contract involving covered equipment or services is prohibited unless a specific exception applies.
Providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements: Not prohibited. These are recognized exceptions because they are external services that contractors typically do not directly control.
Which of the following is NOT required to be revealed during a post-award debriefing?
Evaluated technical score of the successful offeror.
Evaluated price of all offerors.
Evaluation of the unsuccessful offeror’s proposal.
Ranking of all offerors.
All of the above
B. Evaluated price of all offerors.
Explanation:
According to FAR 15.506, post-award debriefings are conducted to provide unsuccessful offerors with information about the award decision. The goal is to increase transparency while protecting sensitive information. The following details must be shared during a debriefing:
The evaluated technical score of the successful offeror and the debriefed offeror.
The evaluated price of the successful offeror.
A summary of the rationale for the award decision.
The ranking of the debriefed offeror, if a ranking was deve
The contracting officer may only accept proposal revisions during
discussions.
fact finding.
clarifications.
communications to establish the competitive range.
FAR 15.001 and FAR 15.307
A. Discussions.
Explanation:
According to FAR 15.307, proposal revisions can only be submitted in response to discussions. Discussions occur after the establishment of the competitive range and are conducted to allow offerors an opportunity to revise their proposals to address weaknesses, deficiencies, or other issues identified by the contracting officer. Following discussions, the contracting officer must request final proposal revisions (FPRs) before making an award decision.
Analysis of Other Options:
Discussions: Correct. Proposal revisions are allowed during discussions, and offerors in the competitive range are given the opportunity to submit final proposal revisions afterward.
Fact finding: Fact finding is used to clarify or verify facts but does not involve the submission of proposal revisions.
Clarifications: Clarifications are limited exchanges with offerors to resolve minor or administrative issues (e.g., correcting errors or confirming compliance). Proposal revisions are not allowed during clarifications.
Communications to establish the competitive range: Communications at this stage are intended to determine which offerors should be included in the competitive range. Proposal revisions are not permitted during this phase.
Options for increased quantities of supplies/services may NOT be expressed in terms of
percentage of specific line items.
increase in specific line items.
additional numbered line items.
a range of quantities for various line items.
FAR 17.204(f)
D. A range of quantities for various line items.
Explanation:
According to FAR 17.204(f), options for increased quantities of supplies or services must be clearly defined and cannot be expressed as a range of quantities for various line items. The FAR requires that options be specific and measurable to avoid ambiguity and ensure enforceability. Options must be expressed in terms such as:
A percentage increase in specific line items.
A specified quantity increase in specific line items.
Additional numbered line items.
The Bonds statute requires performance and payment bonds for any construction contract valued in excess of _________?
$150,000
$650,000
$1,000,000
$2000
$150,000
The terminating contracting officer shall recommend the release of excess funds to the contracting officer within how long after the receipt of the termination notice?
30 days
3 months
10 days
14 days
FAR 49.105-2
30 days
What types of costs are normally segregable and accountable under the terms of the Change Order Accounting clause?
indirect costs
fringe costs
general and administrative costs
direct costs
FAR 43.203
direct costs
If the contractor does not have an approved purchasing system, consent to subcontract is required for all of the following except which?
Cost-reimbursement contracts
Fixed-price contracts below the simplified acquisition threshold
Time-and-materials contracts
Letter contracts
FAR 44.201-1(b)
Fixed-price contracts below the simplified acquisition threshold
Personnel rendering services who are not subject to the supervision and control usually prevailing in relationships between the government and its employees are performing under:
Performance-based contracts
Personal services contracts
Supply contracts
Non-personal services contracts
FAR 37.101
Non-personal services contract
For a supplemental agreement, when is the effective date of a contract modification?
the date agreed upon by the contracting parties
the issue date
the date received by the contractor
the date received by the government
FAR 43.101
the date agreed upon by the contracting parties
What is a payment for accepted supplies or services, including payments for accepted partial deliveries?
Delivery payments
Final/partial acceptance
Commercial payments
Progress payments
FAR 32.001
Delivery payments
Commercial Advance Payment shall not exceed what percentage of the contract price?
10%
15%
5%
1%
FAR 32.202-1(b)(6)
15%
What is the relationship between the Economy Act and more specific statutory authority, like the statutory authorities for the Federal Supply Schedules or Governmentwide acquisition contracts?
The Economy Act applies when more specific statutory authority does not exist.
The Economy Act always applies, regardless of whether more specific statutory authority exists.
Orders using the Federal Supply Schedules or Governmentwide acquisition contracts are to be treated as Economy Act orders.
The Contracting Officer must use discretion in deciding whether to use the Economy Act or more specific statutory authority that may apply to an acquisition.
FAR 17.502-2(b)
The Economy Act always applies, regardless of whether more specific statutory authority exists.
This law states laborers and mechanics must be paid time and a half for overtime work (e.g.;40 hours/week)?
Wage Rate Requirements statute
Kickbacks statute
Minimum Wage Act
Contract Work Hours and Safety Standards Act
FAR 22.403-3
Contract Work Hours and Safety Standards Act
This law provides that federal contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.
Wage Rate Requirements (Construction)
Contract Work Hours and Safety Standards Act
Minimum Wage Act
Kickbacks statute
FAR 22.404-1(b)
Wage Rate Requirements (Construction)
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
A letter contract may be used when the schedule will provide definitization of a contract no greater than _____ days after the date of the letter contract.
180
150
120
365
FAR 16.603
180
A distinct six-position code consisting of a combination of alpha and/or numeric characters assigned to identify specific agency offices, units, activities, or organizations by the General Services Administration for civilian agencies and by the Department of Defense for defense agencies is the:
Activity Address Code (AAC)
Procurement Instrument Identification (PIID)Â
Line Item Number
CAGE Code Number
FAR 2.101
Activity Address Code (AAC)
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.
f it is in the Government’s interest, and if supplies or services required in the performance of a Government contract are available from Government supply sources, contracting officers may authorize contractors to use these sources in performing:
A contract using Federal Prison Industries.
Government-wide Acquisition Contracts (GWACS)
Federal Supply Schedules
A contract under the “AbilityOne” Program
FAR 51.101
C. Federal Supply Schedules
Explanation:
Under FAR 51.101, contracting officers may authorize contractors to use Government supply sources—such as Federal Supply Schedules (FSS)—if it is determined to be in the Government’s interest. This authorization allows contractors to procure supplies or services directly from these government sources to support contract performance.
Analysis of Other Options:
A contract using Federal Prison Industries: Federal Prison Industries (also known as UNICOR) provides mandatory sources of supply for certain items, but FAR 51.101 does not specifically apply to its use.
Government-wide Acquisition Contracts (GWACs): GWACs are contracts for technology and other solutions managed by specific agencies. Contractors do not “use” GWACs directly; they are used by federal agencies.
Federal Supply Schedules: Correct. FAR 51.101 explicitly allows contracting officers to authorize contractors to use Federal Supply Schedules when performing a Government contract.
A contract under the “AbilityOne” Program: The AbilityOne Program ensures that certain services and supplies are provided by organizations employing individuals with disabilities. FAR 51.101 does not apply to AbilityOne contracts.
When might contracting offices request exceptions to standard forms?
Overprinting forms
Computer generated forms
Special construction and printing forms
Continuation sheets
FAR 53.106
A. Overprinting forms
Explanation:
According to FAR 53.106, contracting offices may request exceptions to standard forms when overprinting is required. Overprinting involves preprinting additional information on a standard form to tailor it for a specific purpose, such as including agency-specific instructions or terms.
Exceptions to standard forms are requested through the General Services Administration (GSA), as outlined in FAR 53.106.
Analysis of Other Options:
Overprinting forms: Correct. Overprinting is a valid reason to request an exception to a standard form.
Computer-generated forms: These are permissible as long as they conform to the exact layout and content of the standard forms. Exceptions are generally not required for computer-generated forms.
Special construction and printing forms: This is not mentioned as a reason for requesting exceptions under FAR 53.106.
Continuation sheets: Continuation sheets are standard and commonly used to supplement standard forms; they do not require an exception.
Protests may be filed with ______________________.
either the contracting officer or the United States Court of Federal Claims
either the agency or the General Accountability Office
the agency, the GAO, or the General Services Board of Contract Appeals (ADP acquisition)
Small Claims Court for awards under the Simplified Acquisition threshold
FAR 33.102
B. either the agency or the General Accountability Office (GAO)
Explanation:
Under FAR 33.102, protests may be filed with:
The agency: This is referred to as an agency-level protest, where the protest is resolved internally by the contracting agency.
The Government Accountability Office (GAO): The GAO provides an independent forum for bid protests, typically involving issues like improper evaluation or failure to follow solicitation requirements.
Additionally, protests may also be filed with the United States Court of Federal Claims (COFC), although this is not explicitly stated in FAR 33.102. COFC is an alternative to GAO and agency-level protests but is not included in the correct options for this question.
To which of the following subcontracts may a contracting officer consent?
A subcontract that makes the results of arbitration between the prime contractor and subcontractor binding on the Government
A subcontract obligating the contracting officer to deal directly with the subcontractor
A subcontract providing for payment on a ?fixed-price incentive basis
A subcontract providing for payment on a cost-plus-a-percentage-of-cost basis
FAR 44.203(b
C. A subcontract providing for payment on a fixed-price incentive basis
Explanation:
Under FAR 44.203(b), the contracting officer may consent to subcontracts, but certain types of subcontracts are explicitly prohibited or require specific scrutiny. Here’s how the options align with FAR guidance:
A subcontract that makes the results of arbitration between the prime contractor and subcontractor binding on the Government: Not permitted. This would improperly obligate the Government to decisions in which it has no direct participation, violating FAR principles.
A subcontract obligating the contracting officer to deal directly with the subcontractor: Not permitted. The Government maintains a relationship only with the prime contractor and does not deal directly with subcontractors.
A subcontract providing for payment on a fixed-price incentive basis: Permitted. Fixed-price incentive contracts are an acceptable contract type and may be used in subcontracts with contracting officer consent.
A subcontract providing for payment on a cost-plus-a-percentage-of-cost basis: Not permitted. This type of contract is explicitly prohibited under FAR 16.102(c) because it incentivizes increased costs without promoting cost control.
Regarding the authority to use extraordinary contractual actions, agencies shall maintain complete records of all actions taken under FAR 50.1.For request for relief processed, these records shall include, as a minimum the following except:
Approval above the contracting officer.
The contractor’s request.
All relevant memorandums, correspondence, affidavits, and other pertinent documents.
A copy of the contractual document implementing an approved request.
FAR 50.101-3
A. Approval above the contracting officer.
Explanation:
According to FAR 50.101-3, agencies must maintain complete records of all extraordinary contractual actions, but approval above the contracting officer is not explicitly required to be included in the records. The records must include:
The contractor’s request: Documentation of the relief or modification requested by the contractor.
All relevant memorandums, correspondence, affidavits, and other pertinent documents: Supporting documents to justify the request and the decision-making process.
A copy of the contractual document implementing an approved request: This ensures that the final action is properly documented.
Contract items are technically classified as-
complex and non-complex
critical and non-critical
commercial and military-federal
supply or service
FAR 46.203
B. critical and non-critical
Explanation:
Under FAR 46.203, contract items are technically classified as either critical or non-critical for the purpose of determining the appropriate level of inspection and quality assurance. The classifications are based on the item’s importance to the mission and the consequences of failure:
Critical Items: Items that require special attention and inspection because their failure could result in mission failure, injury, or significant loss.
Non-Critical Items: Items that do not have as significant an impact on mission success or safety, requiring less stringent inspection and oversight.
This classification helps determine the type and level of quality assurance procedures that are applied.
GSA is authorized by 40 U.S.C.501 to contract for utility services for periods not exceeding ___ years.
10
5
15
25
FAR 41.103(a
D. 25
Explanation:
According to FAR 41.103(a), the General Services Administration (GSA) is authorized under 40 U.S.C. 501 to contract for utility services for periods not exceeding 25 years. This extended contract term is allowed to support long-term planning and stable relationships with utility providers, which is essential for the efficient management of government facilities and resources.
Key Takeaway:
GSA is authorized to enter into utility service contracts for up to 25 years under 40 U.S.C. 501 and FAR 41.103(a), ensuring flexibility and stability in utility procurement.
Who can authorize continued performance in the face of a protest after award?
The head of the contracting activity.
The commanding officer.
The chief of the contracting office.
The contracting officer provided his findings are documented in the file.
FAR 33.1
A. The head of the contracting activity.
Explanation:
According to FAR 33.104(c)(2), after a protest is filed, the head of the contracting activity (HCA) is the official authorized to permit continued performance of a contract in the face of a protest after award. This authority is contingent upon a determination that:
Performance of the contract is in the best interest of the United States, or
Urgent and compelling circumstances significantly affecting the interests of the United States will not allow for waiting for the protest decision.
This decision must be documented with a detailed rationale and added to the contract file.
Under the Buy American statute, a domestic end product that does not consist wholly or predominantly of iron or steel or a combination of both means all the following, except:
An end product manufactured in the United States if the product has undergone substantial transformation.
An unmanufactured end product mined or produced in the United States.
An end product manufactured in the United States if the product meets the domestic content test.
An end product manufactured in the United States if the product is a commercially available off-the-shelf item.
FAR 25.001(c) and FAR 25.003.
D. An end product manufactured in the United States if the product is a commercially available off-the-shelf item.
Explanation:
Under the Buy American statute and its implementing regulations in FAR 25.001(c) and FAR 25.003, a domestic end product that does not consist wholly or predominantly of iron or steel must meet specific criteria:
Substantial transformation: An end product is considered domestic if it is manufactured in the United States and has undergone a substantial transformation.
Unmanufactured end product: If the product is unmanufactured, it must be mined or produced in the United States.
Domestic content test: The end product must be manufactured in the United States and meet the domestic content test, which requires that a certain percentage of the cost of its components is mined, produced, or manufactured in the United States.
When applying an alternate to FAR 52.215-2 or FAR 52.215-5 the determination and findings in Foreign Acquisitions must identify the contract and its purpose, and identify if the contract is with a foreign contractor or with a foreign government or an agency of a foreign government; describe the efforts to include the basic clause; describe the price and availability of the supplies or services from the United States and other sources; and determine that it will best serve the interest of the United States to use the appropriate alternate clause.
True
False
FAR 25.1001
True
Explanation:
According to FAR 25.1001, when applying an alternate to FAR 52.215-2 (Audit and Records—Negotiation) or FAR 52.215-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services) in the context of foreign acquisitions, the contracting officer must prepare a Determination and Findings (D&F).
The D&F must include the following:
Identification of the contract and its purpose.
Identification of whether the contract is with a foreign contractor, foreign government, or an agency of a foreign government.
Description of efforts to include the basic clause.
Price and availability analysis of supplies or services from the United States and other sources.
Determination that using the alternate clause will best serve the interest of the United States.
What does FEMP stand for?
Federal Energy Management Program
Federal Energy Management Products
Federal Environment Management Program
Federal Environment Management Products
FAR 23.103
Federal Energy Management Program
Some acceptable contents of a subcontracting plan include the following.
A description of the method used to develop the subcontracting goals.
The description of the method used to identify potential sources for solicitation purposes.
A statement of the total dollars planned to be subcontracted.
Assurances that the offeror will include the clause at 52.219-6.
FAR 19.704
D. Assurances that the offeror will include the clause at 52.219-6.
Explanation:
Under FAR 19.704, a subcontracting plan must include specific elements aimed at ensuring compliance with small business subcontracting goals. Some of the acceptable contents include:
A description of the method used to develop the subcontracting goals (e.g., how the contractor determined realistic goals for small business participation).
A description of the method used to identify potential sources for solicitation purposes (e.g., outreach efforts or databases used to find small business subcontractors).
A statement of the total dollars planned to be subcontracted, with a breakdown for small businesses, including small disadvantaged, women-owned, HUBZone, and veteran-owned businesses.
Assume that the CO has rejected the SBA’s recommendation to set aside an acquisition.
proceed with full and open competition.
suspend action on the acquisition.
complete a fair and reasonable price determination.
complete an SBA override signed by the next higher person in the CO’s chain of command.
FAR 19.502-8
B. Suspend action on the acquisition.
Explanation:
According to FAR 19.502-8, if a contracting officer (CO) rejects the Small Business Administration’s (SBA) recommendation to set aside an acquisition for small business, the SBA can appeal the decision to the head of the contracting activity (HCA). During the appeal process, the contracting officer must suspend action on the acquisition until the appeal is resolved, unless:
The HCA makes a written determination that proceeding with the acquisition is in the best interest of the Government.
Urgent and compelling circumstances exist that require the acquisition to proceed.
___________ are written instruments of understanding that contain terms and conditions that apply to future orders, a description of supplies and services to be provided, and methods for pricing, issuing, and delivering future orders.
Indefinite-Delivery Arrangements
Blanket Purchase Agreements
Basic Ordering Agreements
Fixed-Price Contracts
FAR 16.703
C. Basic Ordering Agreements
Explanation:
According to FAR 16.703, a Basic Ordering Agreement (BOA) is a written instrument of understanding between a government agency and a contractor. It outlines:
Terms and conditions that apply to future orders.
A general description of the supplies or services to be provided.
Methods for pricing, issuing, and delivering future orders.
A BOA is not a contract by itself but provides a framework for issuing orders efficiently when specific requirements arise.
Analysis of Other Options:
Indefinite-Delivery Arrangements: Incorrect. This is not a defined term under the FAR. Instead, the FAR discusses Indefinite-Delivery Contracts (IDCs) in FAR Subpart 16.5.
Blanket Purchase Agreements (BPAs): Incorrect. While BPAs (covered under FAR 13.303) are also agreements for streamlined purchasing, they are typically used under simplified acquisition procedures and are not as formal as BOAs.
Basic Ordering Agreements: Correct. BOAs provide the structure for future orders, as described in FAR 16.703.
Fixed-Price Contracts: Incorrect. Fixed-price contracts are fully executed contracts with fixed terms, not agreements for fut
A ______________ is the review and evaluation of any separate cost elements and profit or fee in an offeror’s or contractor’s proposal, as needed to determine a fair and reasonable price or to determine cost realism, and the application of judgment to determine how well the proposed costs represent what the cost of the contract should be, assuming reasonable economy and efficiency.
Price analysis
Cost Analysis
Technical Analysis
Cost Realism Analysis
FAR 15.404
B. Cost Analysis
Explanation:
According to FAR 15.404-1(c), cost analysis is the review and evaluation of:
Separate cost elements (e.g., labor, materials, overhead).
Profit or fee in a contractor’s proposal.
The application of judgment to assess whether the proposed costs are fair and reasonable or realistic.
Which of the following statements is true in regard to contracting officers tailoring the clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services?
Contracting officers may not tailor this clause.
Contracting officers may tailor any paragraph of this clause
Contracting officers may tailor any paragraph of this clause if a waiver is approved.
Contracting officers shall tailor this clause by addenda to the solicitation and contract.
FAR 12.302.
D. Contracting officers shall tailor this clause by addenda to the solicitation and contract.
Explanation:
According to FAR 12.302, contracting officers may tailor the clause at FAR 52.212-4 to accommodate the specific needs of a particular acquisition, provided the tailoring is consistent with commercial practices and does not contradict statutory requirements. Tailoring is done by addenda to the solicitation and contract. The process ensures the clause aligns with both the commercial nature of the acquisition and the Government’s requirements.
Analysis of Other Options:
Contracting officers may not tailor this clause: Incorrect. FAR 12.302 explicitly permits tailoring of the clause when necessary, as long as it aligns with commercial practices.
Contracting officers may tailor any paragraph of this clause: Incorrect. While tailoring is permitted, certain paragraphs of FAR 52.212-4 cannot be tailored because they are required by statute or regulation.
Contracting officers may tailor any paragraph of this clause if a waiver is approved: Incorrect. Tailoring does not require a waiver but must adhere to the guidelines in FAR 12.302.
Contracting officers shall tailor this clause by addenda to the solicitation and contract: Correct. Tailoring is explicitly done by addenda, as stated in FAR 12.302, ensuring it is clear and consistent with the solicitation and contract requirements.
Key Takeaway:
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
C. When contract awards exceed $30,000
Explanation:
According to FAR 5.301(a), contracting officers must synopsize contract awards in the System for Award Management (SAM) via the Contract Opportunities portal when the contract award exceeds $30,000, unless an exception applies.
This synopsis provides public notice of the contract award and promotes transparency and accountability in federal procurement.
What criteria is not a valid consideration to make an award based on other than full and open competition?
Demonstration of unique capability specific to the services proposed.
Resembles the substance of a competitive acquisition.
Substantial duplication of cost unrecoverable through competition.
Schedule impact causing unacceptable delays.
FAR 6.3
B. Resembles the substance of a competitive acquisition.
Explanation:
Under FAR 6.3, contracting officers may award contracts using other than full and open competition in specific circumstances, as outlined in FAR 6.302. These justifications must be based on valid criteria such as unique capabilities, substantial cost duplication, or schedule impacts. However, the criterion that a procurement “resembles the substance of a competitive acquisition” is not a valid justification for using other than full and open competition.
Analysis of Other Options:
Demonstration of unique capability specific to the services proposed: Valid. FAR 6.302-1 allows for sole-source contracts if only one source can meet the requirements due to unique capabilities.
Resembles the substance of a competitive acquisition: Not valid. This is not a recognized criterion for other than full and open competition.
Substantial duplication of cost unrecoverable through competition: Valid. FAR 6.302-1(a)(2)(ii) allows for exceptions if competition would cause substantial duplication of costs that are not expected to be recovered.
Schedule impact causing unacceptable delays: Valid. FAR 6.302-2 permits the use of other than full and open competition in cases of urgency where delays would significantly harm the Government.
The National Industrial Security Program Operating Manual (NISPOM) is implemented in which two publications? The National Industrial Security Program Operating Manual (NISPOM) (32 CFR part 117) and the _________:
DoD Manual 5220.22, Volume 2, National Industrial Security Program: Industrial Security Procedures for Government Activities.
DoD Manual 5220.20, Volume 5, National Industrial Security Program: Industrial Security Procedures for Government Activities.
DoD Manual 5220.22, Volume 5, National Industrial Security Program: Industrial Security Procedures for Civilian Activities.
DoD Manual 5220.20, Volume 2, National Industrial Security Program: Industrial Security Procedures for Civilian Activities.
FAR 4.402(b)
A. DoD Manual 5220.22, Volume 2, National Industrial Security Program: Industrial Security Procedures for Government Activities.
Explanation:
According to FAR 4.402(b), the National Industrial Security Program Operating Manual (NISPOM), codified at 32 CFR Part 117, is implemented through:
The NISPOM itself, which provides guidance for safeguarding classified information by contractors, licensees, and grantees of the U.S. government.
DoD Manual 5220.22, Volume 2, which outlines industrial security procedures specific to government activities.
An agency must transmit a notice of proposed contract action to the governmentwide point of entry at least 15 days before issuance of a solicitation, or a proposed contract action the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302, except that, for acquisitions of commercial products or commercial services:
The Contracting Officer must transmit the notice at least 40 days before issuance of a solicitation if the acquisition is covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement.
The Contracting Officer may establish a shorter period for issuance of the solicitation if the estimated amount of the contract action is less than the simplified acquisition threshold
The Contracting Officer transmits the notice only if subcontracting opportunities exist.
The Contracting Officer may use the combined synopsis and solicitation procedure.
FAR 5.203.
The Contracting Officer may use the combined synopsis and solicitation procedure.
FAR 5.203.
A written acquisition plan must include the following EXCEPT:
Applicable conditions
Risk and Risk Mitigation
Statement of Need
Source Selection Evaluation Board Report
FAR 7.105
Source Selection Evaluation Board Report
Which authority permitting other than full and open competition may be used when none of the other authorities in FAR 6.302 apply?
International agreement.
National security
Public interest.
Unusual and compelling urgency.
FAR 6.302-7(b).
C. Public interest.
Explanation:
Under FAR 6.302-7(b), the authority to use “other than full and open competition” in the interest of the public may be invoked when none of the other authorities in FAR 6.302 apply. This authority is considered a “last resort” and is rarely used because it requires a high level of approval and justification. Specifically:
It must be determined by the agency head that the use of this authority is necessary.
A written determination must explain how it serves the public interest.
This determination must be approved by a higher authority and published in the Federal Register.
The following are exceptions to the requirement for contracting officers to make notices of proposed contract actions available through the governmentwide point of entry, except:
Competitive acquisitions under the Section 8(a) program.
Acquisitions for utility services (other than telecommunications services) and only one source is available.
Acquisitions required by a statute to be made from a specific source, such as a workshop for the blind under the rules of the Committee for Purchase from People Who Are Blind or Severely Disabled.
An order placed under FAR Subpart 16.5.
FAR 5.202 and FAR 5.205(f).
A. Competitive acquisitions under the Section 8(a) program.
Explanation:
Under FAR 5.202, there are specific exceptions to the requirement for contracting officers to make notices of proposed contract actions available through the governmentwide point of entry (GPE), such as SAM.gov. However, competitive acquisitions under the Section 8(a) program are not exempt and must still be publicized unless another specific exception applies.
Analysis of the Options:
Competitive acquisitions under the Section 8(a) program: Incorrect (Not an exception). While sole-source acquisitions under Section 8(a) may qualify for exceptions under certain conditions, competitive 8(a) acquisitions do not automatically fall under these exceptions and must be publicized unless another FAR 5.202 exception applies.
Acquisitions for utility services (other than telecommunications services) and only one source is available: Correct (Exception). Per FAR 5.202(a)(7), acquisitions for utility services where only one source is available are exempt from the notice requirement.
Acquisitions required by a statute to be made from a specific source, such as a workshop for the blind under the rules of the Committee for Purchase from People Who Are Blind or Severely Disabled: Correct (Exception). Per FAR 5.202(a)(4), these acquisitions are exempt because the source is mandated by statute.
An order placed under FAR Subpart 16.5: Correct (Exception). Orders under FAR Subpart 16.5 for Indefinite-Delivery Contracts are exempt from the requirement, as stated in FAR 5.202(a)(11).
Governmentwide point of entry (GPE)Â 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
What is a covered employee?
Covered employee means an individual who performs an acquisition function and is an employee of the contractor; or a subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is an employee of the contractor; and subcontractors that are self-employed individuals treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is an employee of the contractor; or a subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is an employee of the contractor; or a subcontractor employee of the contractor who performs an acquisition function closely associated with inherently governmental functions .
FAR 3.11
C. Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is an employee of the contractor; or a subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Explanation:
According to FAR 3.1101, a covered employee refers to an individual who performs acquisition functions closely associated with inherently governmental functions and is:
An employee of the contractor, or
A self-employed individual subcontractor who is treated as a covered employee because there is no employer to whom the individual could submit the required disclosures.
This definition ensures that individuals performing these sensitive functions are subject to the same disclosure and compliance requirements as employees of the contractor.
Who can authorize continued performance in the face of a protest after award?
The head of the contracting activity.
The commanding officer.
The chief of the contracting office.
The contracting officer provided his findings are documented in the file.
FAR 33.1
The head of the contracting activity.
A foreign end product may be purchased under the Buy American Act if___________.
the price of the lowest domestic offer is determined to be unreasonable by the CO.
the article is manufactured in South America.
the cost of the domestic components equals at least 25 percent of the total cost of all components.
the head of the agency approves the purchase.
FAR 25.103
the price of the lowest domestic offer is determined to be unreasonable by the CO.