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)