Golden List Of Lists Flashcards
What are the Exceptions to the Competition In Contracting Act. FAR Part 6 (CICA): (Memorize at least the first 6)
LAYMAN (LM): When do you not have to compete and avoid the Competition In Contracting Act?
- SAP (FAR Part 13). (LM) When you are using Simplified Acquisition Procedures
- Using contract procedures required by statute. (LM) When a law says you have to use another program like UNICOR.
- Mods against a contract within scope and terms. (LM) When you are making a modification that is within scope
- Definite quantity/requirement contract orders.
- IDIQ contract orders.
- TO & DO contract orders.
- Health Care Personal Services (DFARS 237.104(b)(ii))
- Follow-on production contracts under “other transactions” agreements for prototype projects
7 Exceptions to Other Than Full & Open Competition (FAR 6.302)
Layman (LM): When are you allowed to avoid having to compete?
IPIANOU
International Agreement
Public Interest
Industrial Mobilization; Engineering, Development, or Research Capability; or Expert Services
Authorized or Required by Statute
National Security
Only one responsible source and no other supplies/services will satisfy agency requirements
Unusual and compelling urgency
What are the Elements of a Fixed Price Incentive Fee (FPIF) Contract?
Target Cost
Target Profit
Price Ceiling, as a percentage of the total cost
Profit Adjustment Formula (Share Ratios/lines)
Point of Total Assumption = (Ceiling Price - Target
Price)/Government Share Ratio + Target Cost
What are the elements of a Cost Plus Incentive Fee (CPIF) contract?
Target Cost
Target Fee
Fee Adjustment Formula (Share Ratios/lines)
Minimum Fee
Maximum Fee
What are the 5 Exceptions to obtaining Certified Cost or Pricing Data?
Certified Cost or Pricing data is the contractor telling you that they are certifying their costs and price, that they are giving you as a contracting officer.
- Adequate Price Competition
- Prices set by law or regulation
- Commercial
- TINA Waiver Items
- When modifying a contract or subcontract for commercial products & services
What are the 5 Elements to Prove Defective Pricing?
Defective pricing is when the contractor has more current, complete and accurate cost and pricing data and does not disclose it to the Government resulting in a significant increase to the contract price.
- The information in question fits the definition of cost or pricing data
- Accurate, complete, and current data existed and were reasonably available to the contractor before the agreement on price
- Accurate, complete, and current data were not submitted or disclosed to the Contracting Officer or one of the authorized representatives of the CO
- The government relied on the defective data in negotiating with the contractor
- The government’s reliance on the defective data caused an increase in the contract price
According to the Changes Clause what are some things you can change in supplies and in services?
Supplies:
1. Drawings, designs, or specifications
2. Method of shipment or packaging
3. Place of delivery
Services:
1. Description of services to be performed
2. Time of performance (i.e. days of the week)
3. Place of performance of the services
7 Pre-Requisites for Ratification
- Supplies/services provided to and accepted by Government, or if Government obtained benefit
- Ratifying official has the authority to enter into a contractual commitment
- Resulting contract would have been proper if made by CO
- CO determines the price to be fair and reasonable
- CO recommends payment and legal concurs
- Funds are available and were available at the time the commitment was made
- Ratification is in accordance with other agency procedures/limitations
What are the 8 Types of Data Rights?
● Unlimited (Tech Data & Software)
● Government Purpose Rights (Tech Data & Software)
● Limited Rights (Tech Data)
● Restricted Rights (Software)
● Specifically Negotiated Rights (Tech Data & Software)
● Standard Commercial License Rights (Software)
● SBIR Rights (similar to GPR)
● Commercial (Tech Data)
What are 5 Situations for Automatic Gov’t Rights?
● Form/Fit/Function technical data (data needed to ID an interchangeable item)
● Data produced for the contract which was specified as an element of performance
● “OMIT” (Operation, Maintenance, Installation, Training) Technical Data
● Data previously provided to the Government without restrictions
● Correction/change to technical data furnished to the contractor by the Government
What is the Data Rights Challenge Process for Unjustified Markings?
- Assertion - by the contractor of tech data and software to be furnished with restrictions
- Verification - acquisition team validates basis for assertions
- Clarification - Government requests additional explanation or documentation
- Challenge - Government claims assertions are not valid
What is the 4 Part Test you should use to determine whether you should provide Government Furnished Products (GFP)?
- It is in the Government’s best interest (7 elements to consider)
- Overall benefit to the acquisition significantly outweighs increased cost of administration
- Providing the property does not substantially increase the Government’s assumption of risk
- Government requirements cannot otherwise be met
What are 9 Excusable Delays?
● Acts of “God” or of the public enemy
● Acts of the Government in either its sovereign or its contractual capacity
● Fires
● Floods
● Epidemics
● Quarantine restrictions
● Strikes
● Freight embargoes
● Unusually severe weather
What are 9 PCO Responsibilities?
● Awards only KTs that are IAW all applicable laws/regs/policies/etc
● Ensures compliance with all T&C of the KT
● Safeguards interests of the US Gov’t
● Ensures funds are available
● Ensures KTRs receive impartial, fair and equitable treatment
● Request the advice of technical specialists (ie legal, ENs)
● Designates CORs
● Ensures KTs are awarded at F&R prices
● Award only to responsible KTRs
What are 3 things that you need to Certify a Request for Equitable Adjustment (REA)
- Request was made in good faith
- Supporting data are accurate and complete
- Individual certifying has authority to do so
Threshold to certify: SAT
What are 4 Protestable Items?
Layman: When can you deal with a protest during the contract process?
● Solicitation
● Cancellation of the solicitation
● Award or proposed award
● Termination or cancellation of an award
What are some factors to consider when selecting a contract type?
- Price competition
- Price & Cost analysis
- Type and complexity of requirement
- Combining contract types
- Urgency of the requirement
- Period of performance or length of production run
- Contractor’s technical capability and financial responsibility
- Adequacy of the contractors accounting system
- Concurrent contracts
- Extent and nature of proposed subcontracting
- Acquisition history
How do you determine if something is within-Scope? List some considerations.
To be within scope, the additional work must be within the terms and conditions of the original contract and cannot be a material difference. General rules for determining whether work represents a material difference are:
● The work must have been fairly and reasonably anticipated by the parties at the time the contract was made
● Cost of added work
● Type/nature of the work
● Period of Performance
6 Fair Opportunity Exceptions (FOE)
- Urgency of the requirement
- Only awardee capable because unique or highly specialized
- Logical follow on, if all awardees were given a fair opportunity for the original order
- Needed to satisfy a minimum guarantee
- If > SAT, authorized or required by statute
- Orders under IDIQ
● Bonus* Small Business set-aside (no justification required)
4 Content Areas of Commercial Item Determination CID (and if based on prior CID)
New:
1. Description of products or services
2. Basis on which the products/services meet the definition of a commercial product & service
3. include key considerations from any analysis performed to compare and contrast the commercial product or service to the proposed item or service in making the determination Contracting officer signature and date
Based on Prior CID:
1. Description of supplies or services;
2. Justification for supporting supplies or services via previous determination;
3. Impact of current market conditions on previous determination;
4. Contracting officer signature and date.
7 Items Before Exercising Options
- Funds are available;
- The requirement covered by the option fulfills an existing Government need;
- The exercise of the option is the most advantageous method of fulfilling the Government’s need, price and, other factors considered;
- The option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions in 5.202,
- The contractor is not listed in the System for Award Management Exclusions (see 9.405- 1);
- The contractor’s past performance evaluations on other contract actions have been considered;
- The contractor’s performance on this contract has been acceptable, e.g., received satisfactory ratings.
8 Better Buying Power Focus Areas
- Achieve Affordable Programs
- Achieve Dominant Capabilities While Controlling Lifecycle Costs
- Incentivize Productivity in Industry and Government
- Incentivize Innovation in Industry and Government
- Eliminate Unproductive Processes and Bureaucracy
- Promote Effective Competition
- Improve Tradecraft in Acquisition of Services
- Improve the Professionalism of the Total Acquisition Workforce
Organizational Conflict of Interest (OCI)
Avoid, Neutralize, Mitigate, Waive
3 Types:
● Unequal access
● Biased ground rules
● Impaired objectivity
Source Selection Information Definition
- Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.
- Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.
- Source selection plans.
- Technical evaluation plans.
- Technical evaluations of proposals.
- Cost or price evaluations of proposals.
- Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.
- Rankings of bids, proposals, or competitors.
- Reports and evaluations of source selection panels, boards, or advisory councils.
- Other information marked as “Source Selection Information - See FAR 2.101 and 3.104” based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates.
Definition of Past Performance
Contractor’s record of:
● Conforming to contract requirements and to standards of good workmanship
● Forecasting and controlling costs
● Adherence to contract schedules
● Reasonable and cooperative behavior and commitment to customer satisfaction
● Reporting into databases
● Integrity and business ethics
● Business-like concern for the interests of the customer
7 Standards of Contractor Responsibility
- Adequate financial resources or ability to obtain them
- Be able to comply with required schedule
- Satisfactory performance record
- Satisfactory record of integrity and business ethics
- Necessary organization, experience, accounting and operation controls, and technical skills
- Necessary production, construction, and technical equipment and facilities
- Be otherwise qualified and eligible to receive an award under applicable laws and regulations
PCO Responsibilities at Source Selection
● Establishes safeguards and procedures to protect SSI
● Releases the RFP
● Single point of control for all SSI
● Obtains all required approvals for Non-Gov Advisors
● Ensures SSEB evaluation is consistent with the RFP
● Maintains source selection documents
● Controls exchanges with offerors
● Establishes competitive range after SSA approval
● Awards contract
Pre-Award Debriefing – what to disclose/not to disclose
- Agency evaluation of significant elements of proposal
- Summary of rationale used to eliminate from competitive range
- Reasonable responses to questions about following SS procedures, but can’t disclose:
● Number of offerors
● Identification of offerors
● Content of other proposals
● Other proposal rankings
● Evaluation of other proposals
● Items from other proposals exempt from release by FOIA (trade secrets, proprietary, financial information, names of individuals providing PPI)
Post-Award Debriefing – what to disclose/not to disclose
- Evaluation of significant weaknesses or deficiencies in offeror’s proposal
- Overall evaluated cost/price and technical rating of awardee and offeror; and past performance information of offeror
- Overall ranking of all offerors (if applicable)
- Summary of award rationale
- For acquisition of commercial products & services, the make and model of the item to be delivered by the successful offeror
- Reasonable responses to questions about how SS procedures were followed
- Cannot disclose items from other proposals exempt from release by FOIA (trade secrets, proprietary, financial information, names of individuals providing PPI)
3 Requirements for a TINA Waiver + 1 should
- Items cannot be obtained without granting the waiver
- Price can be determined fair and reasonable without certification
- Demonstrated benefits to granting the waiver
SHOULD, in conjunction with waiver, develop strategy for procuring in future without a waiver (DFARS PGI)
7 Examples of Price Analysis techniques
● Comparison of prices received in response to a solicitation
● Comparison to historical prices paid
● Parametric estimating methods
● Comparison with published price lists or market prices
● Comparison with Independent Government Estimate
● Comparison to prices obtained through market research for same or similar items
● Analysis of other than certified cost or pricing data provided by the offeror
6 Examples of Cost Analysis techniques
● Verification of cost data or pricing data and evaluation of cost elements (necessity, reasonableness, projections, CERs, application of rates, etc.)
● Evaluating effect of offeror’s current practices on future costs
● Comparison of costs proposed with actual costs previously incurred by offeror, cost estimates (previously from offeror, from other offerors, IGEs), forecasts of planned expenditures
● Verification of CAS compliant submissions
● Review to determine if any cost or pricing data is absent that is needed for negotiations
● Analysis of results of make-or-buy program reviews
5 Requirements for Contract Financing
- Provide financing only to the extent actually needed for prompt and efficient performance
- Administer contract financing so as to aid, not impede, the acquisition
- Avoid any undue risk of monetary loss to the Government through financing
- Include the form of contract financing deemed to be in the Government’s best interest
- Monitor the contractors use of financing and the contractor’s financial status
6 Elements to Commercial Product Definition (definitely memorize the first 3 elements)
- A product, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been (or has been offered to be) sold, leased, or licensed to the general ƒpublic.
- Products that evolved from #1 and aren’t released yet, but will be in time to meet Government need.
- Products that would meet #1 or #2, but have modifications of a type customarily available in commercial marketplace or minor modifications of a type not customarily available to meet Government needs.
- Any combo of #1 – 3 typically sold in combination to the general public.
- A product or combo above, even though they are transferred between divisions/subsidiaries/affiliates of a contractor.
- Non-developmental item, if developed at private expense & sold competitively to State/local Gov’ts
3 Elements to Commercial Service Definition
- Installation/maintenance/repair/training/other services for a commercial product or those provided to commercial market
- Services sold competitively in marketplace based on catalog/market prices
- A service above, even though it is transferred between divisions/subsidiaries/affiliates of a contractor
5 Required ACO Functions
● Negotiate FPRAs (Forward Pricing Rate Agreements)
● Establish final indirect cost rates and billing rates (i.e. interim payment rates)
● Determine adequacy of contractor accounting system
● CAS-related items in general (including Disclosure Statement Adequacy)
● EVMS plan review and compliance (DFARS)
4 Things to Certify a Claim
- Made in good faith
- Supporting data are accurate and complete
- Amount request represents accurately the Contractor belief of the Governments liability
- Individual certifying has authority to do so
Threshold to certify: $100k
7 Elements in a UCA Approval package
● Document why UCA is required
● Explain the need to begin performance before definitization
● Address adverse impact on agency requirements as a result from delay in beginning performance
● Identify risk of using a UCA and how the USG will mitigate such risk
● Identify and justify the contract vehicle
● Establish NTE ( via FAR 52.216-24 Limitation of Gov’t Liability)
● Provide definitization schedule of agreed-upon events that support timely definitization (via DFARS 252.217-7027 “Contract Definitization”)
4 Exception to Subcontracting Plans
● Small Businesses concerns
● Personal Services contracts
● Contracts performed entirely outside the US
● Mods within the scope of the contract (if the contract does NOT contain clause FAR 52.219-8 “Utilization of SB Concerns” such as KTs awarded before 1978)
J&A Approval Thresholds
● < $750K: Contracting Officer, as long as w/in warrant authority & delegated by COCO
● > $750K < $15M: Competition Advocate
● > $15M < $100M: PEO/Head of Procuring Activity/Designated Alternate (Flag/General Officer or SES) (SCCO)
● > $100M: SPE (SAF/AQ) 🡪HOA
8 Conditions for Commercial Product & Service Financing
- The item is a commercial product or service
- > SAT
- CO determines it is customary in commercial marketplace to finance
- It is in best interest of the Government
- Adequate security is obtained
- Commercial advance payments will not exceed 15%
- Contract is competitive or adequate consideration is obtained (time value of money)
- CO obtains concurrence from payment office concerning liquidation provisions
4 Purposes of Clearance Process
● Ensure KTs effectively implement approved acquisition strategies
● Ensure KTs result in “fair and reasonable” business arrangements
● Ensure KTs are consistent with statutes/regs/policies
● Provide for independent review and assessment
4 Exceptions to Clearance
● Actions leading to a UCA
● In-scope actions in strict accordance with basic KT T&Cs
● Incremental funding actions
● Mods for wage rate/labor regulation adjustments
9 FOIA Exemptions/3 Exclusions
Exemptions:
- National security
- Agency personnel rules
- Federal law prohibits disclosure
- Trade secrets or confidential information
- Agency memos available only in litigation
- Personal Privacy (personnel, medical files, etc.)
- Information for law enforcement purposes and harm could occur
- Supervision of financial institutions
- Geological data concerning wells
Exclusions: - Ongoing criminal investigation
- Protected informant status
- FBI classified records
7 Exceptions to Post-Award Notice
- Unsolicited Research Proposal
- SBIR
- IDIQ or FSS
- Perishable subsistence supplies
- Utility services - only one source available
- < SAT and:
a. Is made through means that provides access to the notice through the GPE
b. Permits the public to respond to the solicitation electronically - Expert services for litigation or dispute
15 Exceptions to Notice of Proposed Contract Action
- National Security (classified information) (6.302-6)
- Unusual and compelling urgency (6.302-2)
- International agreement (6.302-4)
- Authorized or required by statute (6.302-5)
- Utility services - only one source available
- IDIQ Delivery or Task Order
- Small Business Innovation Development Act (SBIR)
- Unsolicited Research Proposal
- Perishable Subsistence Supplies
- Industrial Mobilization or Public Interest (6.302-3 and -7)
- Under terms of an existing contract that was previously synopsized
- By a Defense agency, & made or performed outside the US, and only local sources solicited
- < SAT and:
a. Made through means that provides access to the notice through GPE
b. Permits the public to respond to the solicitation electronically - Expert services for litigation or dispute (6.302-3)
- Agency head determination that synopsis is not appropriate/reasonable
5 Ways to Encourage Small Business Participation
● Dividing acquisitions into reasonably small lots to permit offers on quantities less than the total requirement
● Plan the action so that, if practicable, more than one SB can perform the work if the work exceeds the surety guaranteed by the SBA
● Ensure delivery schedules are realistic
● Encourage prime contractors to subcontract with small business concerns
● Provide a copy of the acquisition package to the SBA procurement center representative at least 30 days prior to issuance of the solicitation
9 CAS Exemptions
● Sealed bids
● < TINA ($750K)
● Small Businesses
● Foreign governments or their agents
● Price is set by law or regulation
● FFP, FP w/EPA, T&M/LH for commercial products & services
● < $7.5M, if business unit isn’t performing any contracts > $7.5M
● Subcontracts under NATO PHM Ship program
● FFP awarded on the basis of adequate price competition without submission of cost or pricing data
6 Elements of T&M D&F
● Ceiling Price (NTE)
● Why CPFF is not appropriate
● Market research conducted
● Establish that it is not possible to estimate the extent or duration of work
● Establish the requirement has been structured to minimize T&M
● Describe actions taken to minimize T&M on future requirements
