Introduction: Flashcards

FAR Parts 1, 2, 52, 53 and 20, 21 & 40

1
Q

Introduction

A

FAR Parts 1, 2, 52, 53 and 20, 21 & 40
FAR Part 1 - Federal Acquisition Regulations System
FAR Part 2 - Definitions of Words and Terms
FAR Part 52 - Solicitation Provisions and Contract Clauses
FAR Part 53 - Forms
FAR Parts 20, 21, and 40 - Reserved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

______________ 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

A

Environmentally Preferable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How should alternates to a given provision or clause be titled per FAR Part 52?

Alternate A, Alternate B, Alternate C

Alternate 1, Alternate 2, Alternate 3

Alternate a, Alternate b, Alternate c

Alternate I, Alternate II, Alternate III
FAR 52.105

A

Alternate I, Alternate II, Alternate III

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Where can executive agencies obtain standard and optional forms?

GSA Forms Library
Acquisition.gov
From the prescribing agency
Via internet search
FAR 53.107

A

GSA Forms Library

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The contracting officer may modify provisions and clauses if:

substitute words are agreed upon by both parties

all changes are documented thoroughly

the FAR authorizes their modification

the situation calls for modification
FAR 52.104(a)

A

the FAR authorizes their modification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which of the following is a latent defect?

The defect exists at the time of acceptance and could be discovered by a reasonable inspection

The defect is discovered by the contractor’s quality inspector

The defect exists at the time of acceptance and cannot be discovered by reasonable inspection

The defect existed at the time of delivery
FAR 2.101

A

The defect exists at the time of acceptance and cannot be discovered by reasonable inspection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How does Part 52 define a modification?

a minor change in the details of the FAR

a minor change in the details of a provision or clause that is not authorized by the FAR

a change in the details of a provision or clause that is specifically authorized by the FAR

a minor change in the details of a provision or clause that is specifically authorized by the FAR and does not alter the substance of the provision or clause
FAR 52.101

A

a minor change in the details of a provision or clause that is specifically authorized by the FAR and does not alter the substance of the provision or clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

15 is the part, 5 is the subpart, 06 is the section, and a is the paragraph.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

he Federal Acquisition Regulations system was established for the codification and publication of uniform policies and procedures for which of the following?

All branches of the U.S. Military
The Department of Defense
The Administrative Agency
All executive agencies
FAR 1.101

A

All executive agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

The FAR Secretariat, as authorized by GSA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Which of the following is a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite of taking certain contract actions?

Determination and Findings (D&F)

Offer

Advisory and Assistance Service (AAS)

Agency Acquisition Regulation (AAR)
FAR 1.701

A

Determination and Findings (D&F)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How can an agency working in a specific category of contracts streamline incorporating provisions and clauses?

Continue to cite the provisions and clauses individually

Create and reference electronic group listing of provisions and clauses

Print and collate multiple copies of the necessary provisions and clauses

Provide provisions and clauses upon request
FAR 52.102

A

Create and reference electronic group listing of provisions and clauses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

The Defense Acquisition Regulations Council and the Civilian Acquisition Council.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the introductory text of each provision or clause include?

cross-reference to the FAR

identification of modified text

the full text of the provision or clause

rationale for inclusion of the provision or clause
FAR 52.101

A

cross-reference to the FAR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which of the following is not a condition under which an unauthorized commitment may be ratified?

Funds are available and were available at the time the unauthorized commitment was made.

The ratifying official has the authority to enter into a contractual commitment.

The unauthorized commitment is under the simplified acquisition threshold.

The contracting officer reviewing the unauthorized commitment determines the price to be fair and reasonable.
FAR 1.602-3(c)

A

The unauthorized commitment is under the simplified acquisition threshold.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Which of the following best describes an “unauthorized commitment”?

An agreement which is not binding solely because the government representative who made it lacked the authority to enter into that agreement.

An agreement which is not binding because the individual who made it was not a government representative.

An agreement that is binding because the government representative who made it appeared to have the authority to enter into that agreement on behalf of the government.

A special form of written approval that is required by statute or regulation.
FAR 1.602-3(a)

A

An agreement which is not binding solely because the government representative who made it lacked the authority to enter into that agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which of the following is not considered an offer?

A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract

A response to a request for quotations

A response to a request for proposals

A response to an invitation for bids
FAR 2.101

A

A response to a request for quotations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

Activity Address Code (AAC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

25000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

This term refers to consolidating two or more requirements for supplies or services previously provided or performed under separate or small contracts into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern.
Subcontracting
Grouping
Joinder
Bundling
FAR 2.101

A

Bundling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

Subpart 25.11

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Best value means:
The expected outcome of an acquisition that, in the contractor’s estimation, provides the greatest overall benefit even if the requirements have been changed.

The expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to the requirement.

The outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit even if the requirements have been changed.

The expected outcome of an acquisition that, in the contractor’s estimation, provides the greatest overall benefit in response to the requirement.
FAR 2.101

A

The expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to the requirement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Which of the following is not considered a contract?
A bilateral instrument
A grant or cooperative agreement
A job order or task letter
A purchase order
FAR 2.10

A

A grant or cooperative agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Which of the following is not one of the contracting officer’s authorities and responsibilities?

To obtain the lowest price on behalf of the government.

To enter into and sign contracts on behalf of the government.

To ensure that all requirements of law, executive orders, regulations, and all other applicable procedures including clearances and approvals have been met.

To terminate contracts and make related determinations and findings.
FAR 1.6

A

To obtain the lowest price on behalf of the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

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

A

the FAR Secretariat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

hen 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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time-period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as _____.
10
0.1
0.01
1
FAR 2.10

A

1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

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.

Does the FAR also include the text of the standard clauses the contracting officer is supposed to insert in my government contracts?

A

Yes, you can find those standard FAR clauses in FAR Part 52, Solicitation Provisions and Contract Clauses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

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 the FAR a set of laws or a set of regulations?

A

The FAR consists of regulations, which means it is created by federal agencies, as distinguished from laws, which are passed by Congress. However, much of the FAR is based on laws passed by Congress. The FAR
“implements” the substance of the law. For example, FAR Part 6, Competition Requirements, implements the substance of a law called the Competition in Contracting Act. FAR Part 19, Small Business Programs, implements the Small Business Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

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?

A

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.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

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 does FAR 1.102-5(e) mean in plain English?

A

In plain English, FAR 1.102-5(e) means the government can do things differently and innovate if nothing prohibits the new way of doing business.
Unless you find something that says you cannot do so, go ahead and try out new ideas that benefit the government. This section encourages positive changes to government contracting.

This process sounds quite different from the rigid, over-regulated, complicated mess that is the usual government contracting. Many contracting officers do not know about this section of the FAR. Many fear using this authority because it requires initiative and risk taking. If you have great ideas for improving the process or doing things in a completely new and different way, send your ideas to the government along with the text of FAR 1.102-5(e).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

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

Does the FAR apply to government contractors?

A

No, but that does not mean that the FAR is not relevant to government contractors! For a full explanation, read Introductory Chapter 2, “No, the FAR Does Not Apply to Government Contractors.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

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 is the FAR organized?

A

The FAR is organized into 53 parts. Each part is further divided into subparts, sections, and subsections. You only need to understand the level of detail for parts of the FAR. For example, FAR Part 19 covers Small Business Programs. FAR Part 6 covers Competition Requirements. This book gives you a plain-English summary of all 53 FAR parts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

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 part of the FAR matters most to my government contracting company?

A

The most important part is FAR Part 52, which contains the standard contract clauses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

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

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.

42
Q

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?

A

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.

43
Q

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?

A

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.

44
Q

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 care about the FAR Part that corresponds to the FAR clause?

A

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. You can look up these directions and debate whether the clause belongs in your contract. Read more in Part 52, Solicitation Provisions and Contract Clauses.

45
Q

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 an imperative sentence?

A

Imperative sentences issue commands or instructions.
In plain English, imperative sentences tell you what to do!

46
Q

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 some examples of imperative sentences?

A

“Do this!” “Don’t do that!” “The contracting officer shall document the file.” “The contractor shall notify the contracting officer.”

47
Q

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 delegation?

A

If a higher level official delegates a duty, responsibility, or power to a subordinate official, we call that a delegation. For example, the contracting officer delegates some contract administration powers to the contracting officer’s representative (COR).

47
Q

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?

A

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.

48
Q

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

Can the duties, responsibilities, or powers listed within the FAR be delegated?

A

The general rule of the FAR is that any authority is delegable unless specifically stated otherwise. Powers, responsibilities, and duties can be delegated, or passed down to a subordinate official, unless the FAR explicitly forbids it.

49
Q

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

With so many different definitions in the FAR, how can I know which definition applies?

A

FAR Part 2, Definitions of Words and Terms contains a set of definitions that apply to the entire FAR. You can use these definitions in any other section or part of the FAR, unless you find a more specific definition of the same word in another section or part of the FAR.

For example, the FAR Part 2 definition of “day” applies, generally, throughout the entire FAR. However, FAR Part 33, Protests, Disputes, and Appeals has a more specific definition for “day.” By following this convention, we know that when we read within that section of FAR Part 33, we must follow the definition of “day” as found in FAR Part 33, not the definition of
“day” found in FAR Part 2. For more information, read Part 2, Definitions of Words and Terms.

50
Q

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 I calculate dollar thresholds listed in the FAR?

A

Understanding the convention for dollar thresholds is important. As a contracting professional, you will need to track and follow many different dollar thresholds. Unless otherwise stated, all dollar thresholds apoly to the entire transaction. including all options. Let’s look at an example.

Let’s agree that the FAR dollar threshold for requiring contractors to show notarized proof is “any contract greater than or equal to $5 million.” Your company just signed a contract with the Department of Defense.
The contract is for five years, for $1 million per year.
When you sign the contract, only the first year is obligated and funded for $1 million. The later four years are optional because the government has the option to exercise those periods of performance. If the government exercises every single option, the entire contract will total $5 million. But at the onset, you can expect only $1 million of payment.

Even though you signed a contract for the first year for only $1 million, because of the remaining option periods, the dollar threshold for this transaction is $5 million, not $1 million. You need to count all possible options when calculating the dollar threshold.
Therefore, in this example, your company is required to provide notarized proof.

51
Q

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

Does the FAR reference other regulations, or other laws, or other policies?

A

Yes, sometimes the FAR references other forms of government contracting regulations, laws passed by Congress, or policies issued by executive agencies.

52
Q

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 if the law referenced in the FAR has been amended or changed over time?

A

When the FAR cites other laws, regulations, or policies, the citation includes any amendments, unless otherwise stated. This convention saves time by avoiding FAR revisions every time the law changes.

53
Q

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

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.

54
Q

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

Are deviations ever allowable?

A

Yes, agencies can deviate from the FAR, but only when the head of the agency authorizes the deviation in writing. So, deviations should be purposeful, not accidental.

55
Q

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 difference between individual deviations and class deviations?

A

Individual deviations affect only one contract. Class deviations affect more than one contract, possibly even an entire group or category of contracts. Forexample, an agency might use a class deviation from the FAR for all contracts for services greater than $100 million. If the agency expects to use the class deviation on a permanent basis, rather than as a temporary fix, the agency should propose a formal, permanent revision to the FAR, rather than using a class deviation.

56
Q

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

Can deviations quickly implement changes in laws created by Congress?

A

Yes, deviations help agencies to react quickly to legislative changes. Although agencies need months or years to change the FAR formally, an agency can issue deviations in just a few days.

When Congress passes a government contracting law that is too important to wait months or years to implement in the FAR, agencies can quickly issue a deviation while they wait for the formal revision to the FAR. Once the FAR is formally revised, the deviation is no longer valid or necessary. In this way, agencies can quickly implement legislative changes, like the annual law called the National Defense Authorization Act or NDAA.

57
Q

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 an unauthorized commitment?

A

Only contracting officers have the authority to sign contracts on behalf of the federal government.
Contracting officer authority flows from a written warrant, which specifies any dollar limitation. For example, one contracting officer may hold a warrant to sign any contract that is $50 million or less.

An unauthorized commitment means an agreement that is not binding because the government representative who made it lacks the authority to enter into that agreement. Therefore, the agreement is not valid and is not an enforceable contract. For example, the agency program manager may have cut a deal with a contractor, but the program manager is not a contracting officer and holds no warrant.
Therefore, whatever agreement the program manager created, negotiated, or signed is invalid, and is not an enforceable contract. Rather, the agreement is called an unauthorized commitment.

58
Q

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

Can a contracting officer create an unauthorized commitment?

A

Yes, even a warranted contracting officer can create an unauthorized commitment. Contracting officers must be careful to sign contracts only within the scope of their limited warrant. For example, a contracting officer with a warrant to sign any contract that is $50 million or less cannot sign a contract for $200 million. If that contracting officer signs a $200 million contract, that agreement is an unauthorized commitment.

59
Q

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 can agencies “fix” problems created by an unauthorized commitment?

A

If the agency wants to honor and validate the unauthorized commitment, the agency can execute a ratification.

60
Q

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

Are ratifications rare, or are ratifications common?

A

Ratifications are rare because they are embarrassing to the federal agency. Processing a ratification draws attention to a serious mistake by the agency.
Sometimes federal employees are punished for unauthorized commitments.

61
Q

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

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.

62
Q

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

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).

63
Q

FAR PART 2, DEFINITIONS OF WORDS AND TERMS

FAR Part 2 provides a set of definitions that apply throughout the FAR unless another section uses a more specific definition for that same word.

Is it possible for the same word to have different definitions within the FAR?

A

Yes! You must understand that in many cases, the FAR can have many different definitions for the very same word. Depending on how you use that word, or what section of the FAR applies, the definition changes. For example, there are more than 20 different definitions for “subcontract” throughout the FAR.

64
Q

FAR PART 2, DEFINITIONS OF WORDS AND TERMS

FAR Part 2 provides a set of definitions that apply throughout the FAR unless another section uses a more specific definition for that same word.

If I find a word defined in FAR Part 2, but that word is also defined differently in another section of the FAR, how do I proceed?

A

If you find a conflict between the general definition in FAR Part 2 and a different definition in another section or part of the FAR, use that definition found within that other section or part. Defer to the different definition in any section or part other than FAR Part
2, when you are interpreting within that other section or part. If the section or part has no definition of the word, you can use the general definition in FAR Part 2.

65
Q

FAR PART 2, DEFINITIONS OF WORDS AND TERMS

FAR Part 2 provides a set of definitions that apply throughout the FAR unless another section uses a more specific definition for that same word.

What process should I follow to make sure I always use the correct definition within the FAR?

A

Step 1: Determine what section or part of the FAR you are interpreting.

Step 2: Determine what word you need defined.

Step 3: Search for a definition of that word (from Step
2) in the section or part of the FAR (from Step 1). If you find a definition, stop right there! Use that definition.

Step 4: If you find no definition during Step 3, search for a definition of that word in FAR Part 2, Definitions of Words and Terms. If you find a definition only in FAR Part 2—and no definition exists in the section or part of the FAR you are interpreting-you can use the general definition found in FAR Part 2.

Example:

Step 1: We will interpret within FAR 33.1, Protests.

Step 2: We will define the word “day.”

Step 3: We find a definition of the word “day” within
FAR 33.1. Great! We will use the definition of “day” found in FAR 33.1, even though there is a different definition of “day” found in FAR Part 2, Definitions of Words and Terms. The definition of “day” in FAR 33.1 trumps the general definition of “day” found in FAR
Part 2.

66
Q

FAR PART 2, DEFINITIONS OF WORDS AND TERMS

FAR Part 2 provides a set of definitions that apply throughout the FAR unless another section uses a more specific definition for that same word

Should I define terms in my prime contract or subcontract?

A

Yes, you should define as many relevant terms as possible. Create a “definitions” section. Defining your terms will avoid future disagreements.

67
Q

FAR PART 2, DEFINITIONS OF WORDS AND TERMS

FAR Part 2 provides a set of definitions that apply throughout the FAR unless another section uses a more specific definition for that same word

What type of disagreements can my company avoid by defining terms in contracts?

A

An ambiguity is when two or more reasonable interpretations for the same word, phrase, or concept exists. Since one goal of signing a contract is to arrive at a “meeting of the minds” and a mutual agreement, ambiguities in a contract represent a failure to achieve this goal. Eliminate possible ambiguities by defining the terms in the contract (or subcontract).

68
Q

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?

A

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.

69
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

Is there a pattern to the numbering of all FAR clauses?

A

Yes, a simple pattern applies to all FAR clauses, telling you the origin and purpose of each FAR clause.

70
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

Why does every FAR clause start with the number 52

A

Every FAR clause starts with 52 because all FAR clauses are found in FAR Part 52.

71
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What do the numbers after 52 signify?

A

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.

Of those three numbers, the first will be the number two. That first detail is not important. But the second and third numbers tell you something important about the FAR clause.

72
Q

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?

A

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.

73
Q

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?

A

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.

74
Q

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?

A

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.

75
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What does “incorporate by reference” mean?

A

Incorporate by reference means your contract lists the number and title of the FAR clause, but not the full text of the clause. Your contract may include more than one hundred FAR clauses. The full text of so many FAR clauses will take up valuable space in the contract.
Instead of including the full text, the contracting officer can “incorporate by reference” some of the FAR clauses.

For example, you may see a single line in your contract that states:
“FAR
52.243-1
Changes, Fixed-Price
(Aug 1987)”

Even though the contracting officer did not include the full text of FAR 52.243-1, you are responsible for following the full text of FAR 52.243-1. Incorporating a clause by reference saves space and makes the contract easier to read. However, you need to be careful because you remain responsible for the entirety of whatever FAR clause is incorporated by reference.

76
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What does “incorporate by full text” mean?

A

Incorporate by full text means the contracting officer includes the complete text of the FAR clause in your contract. You will see the number and title of the FAR clause as well as a paragraph or more underneath,
consisting of the full text of the clause.

77
Q

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?

A

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.

78
Q

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?

A

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.

79
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What if my FAR clause does not include a date after the number and title?

A

The contracting officer should always include a date after the number and title, so this situation indicates a mistake or oversight. In this case, you should be responsible for performing the latest version of that FAR clause in existence as of the date you signed the contract. Finding out which version applies may require intense research into previous or archived editions of the FAR.

80
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

When a FAR clause referenced in my contract is updated and replaced by a newer version, but my contract did not change, do my responsibilities under the contract change?

A

No, not if your contract has not changed, and this point is important for you to remember. You negotiated a deal when you signed the government contract.

The bargain included the FAR clauses in the contract as of the date you signed the contract. You cannot be responsible for constantly changing clauses.

Your company is responsible for the versions of the
FAR clauses in the contract as indicated by their dates.
In the absence of specified dates, you are responsible for the latest versions of the FAR clauses in effect at the time you signed the contract.

81
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What if the contracting officer wants to update one or more FAR clauses in my contract to newer versions?

A

Changing a FAR clause changes your responsibilities under the contract. Changing your responsibilities under the contract may cause your company to spend more time or money. Therefore, changing any FAR clause may entitle your company to an equitable adjustment. In plain English, an “equitable adjustment” means your company gets more money, a schedule extension, or some other type of contractual relief.

82
Q

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?

A

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.

83
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

Why should I investigate further if the contracting officer requests my signature when exercising an option?

A

Let’s say your contracting officer sends your company a modification to exercise the next option period and requires your signature. This seems like welcome news. Your company receives new work and an extension of the period of performance. Your company
gets 365 more days of revenue from this contract.

Be careful if the government requests your signature.
Technically, there is no need for your company to countersign the option exercise. The government has the right to exercise the option unilaterally. That pattern is how options work. The government does not need your permission to exercise the option under standard FAR clauses, so the government may request your signature for you to accept other changes in the contract, such as updates to FAR clauses.

If your company does not need to countersign an option exercise modification, the government has no reason to ask for your signature (other than an innocent reason: to ensure your company realizes the option was exercised). This request for signature could mean your company is signing away its rights on several other issues.

Be careful. Make sure to read the details of the modification. The government might not tell you how the modification to exercise the option has some other important changes. Send a copy of the modificationto your designated government contracting expert before you sign it. Make sure you review every modification, especially those described as “no big deal.”

84
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What is a self-deleting clause?

A

There is no such thing as a self-deleting clause. Be very careful with any “professionals” who talk about self-deleting clauses. The erroneous theory behind this canard is that if any clause is inappropriate for the contract, it is somehow “self-deleting” automatically.
Therefore, you might not need to worry about the clause being written into the contract you have read and signed. This is an absurd idea.

85
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

Do any clauses automatically disappear, like a magician’s trick?

A

No, clauses do not automatically disappear. Are these clauses written with disappearing ink from a child’s magic store? No. Does the page of the contract that contains the clause automatically self-destruct after 24 hours, like some James Bond movie? No. The clause remains in your contract for one and all to read.

After litigation, some clauses might be found by a judge to be unenforceable, illegal, or otherwise rendered inoperative. But to rely on the nonexistent legal principle of “self-deleting” clauses during negotiations is the unmistakable mark of an amateur.

86
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What should I do if I see a clause that does not belong in my contract?

A

If you see a clause that does not belong in your contract, negotiate to delete that clause. Do not accept an explanation of how the clause self-deletes.
If the clause is supposedly self-deleting anyway, why should your negotiation partner care if you delete it?

Negotiate to delete the clause.

87
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

How many FAR clauses exist?

A

The sheer number of Federal Acquisition Regulation
(FAR) clauses is easily overwhelming. Don’t ask me to count them because their numbers just keep rising.
Luckily for you, some clauses are easily recognized as more important than others. These critical clauses should be your priority when you review your government contract. If one of the following clauses is in your government contract, take the time to read the complete clause or hire a professional to walk you through it.

88
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

Why are clauses related to payment so important?

A

Your company needs to be paid on time in full. Cash flow is the lifeblood of business. Pay special attention to your payment clauses. Your contract with the government will not have much flexibility regarding payment clauses, but you should take special note of the payment terms. Your payment terms from the government should necessarily define the payment terms you negotiate with your subcontractors.
You want to avoid the responsibility of paying subcontractors before your own company gets paid.

When you negotiate a contract or subcontract with another company, you have the greatest amount of flexibility in payment terms. Be extremely careful about the details of payment clauses.

89
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What is a “pay when paid” term, condition, or clause?

A

Never sign a contract that says something like “We will pay you when we get paid.” This can be a disaster for your company. As a subcontractor, you can be several payment transactions separated from the government, who begins the cycle by paying the prime contractor first. If the government is 90 days late, the prime contractor will not pay your company for at least 90 days. Delays can get much worse if your company is a lower tier subcontractor, buried beneath tiers of other subcontractors waiting to get paid. You must avoid pay when paid contract terms.

Explain to your negotiation partner that the contract is between your two companies. If the government or any other company breaks its promises or fails to pay, that should not affect the contractual relationship between your two companies. Do not let your negotiation partner mix your company’s interests with the potential failures of other parties. Do not let other people’s problems become your problem. Keepthe negotiation about payment terms between your company and the negotiation partner.

90
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What is the Changes clause?

A

Several versions of the Changes clause allow the government to change the contract unilaterally, within certain limits. These limits depend on which version of the Changes clause exists in your contract.

Contracting officers use different versions of the Changes clause based upon such factors as whether your contract is fixed price or cost reimbursement or whether your company provides supplies or services.

The biggest wildcard for any government contract is the Changes clause. Most contracts establish the rights and responsibilities of the parties while providing a specific task to perform or product to deliver.
Sometimes the contract includes a Statement of Work
(SOW) or specifications to follow. Most contracts allow your company to foresee exactly what it will do to fulfill the contract. The Changes clause turns that concept on its head.

At any time, the government contracting officer can send you a modification to the contract pursuant to the Changes clause. This message will not be a negotiation. Your company cannot decline. Instead, by signing the original contract including the Changes clause, your company has already agreed to any such unilateral changes! If the Changes clause sounds unfair to you as the contractor, you have paid attention to my advice.

Never forget that the Changes clause does not give authority to the government to make unlimited changes. These changes must be exactly the same changes listed in your version of the Changes clause.
Most versions of the Changes clause allow unilateral changes to such matters as product specifications, services to be delivered, and place of performance or delivery.

Most importantly of all, remember that the Changes clause does not require your company to work for free.
Changes cost money and the government is required to compensate your company. When the contractingofficer sends your company a unilateral modification pursuant to the Changes clause, your first thought should be to calculate the cost of compliance. Then you need to get paid by submitting a request for equitable adjustment (REA) or claim under the Contract Disputes Act. For more information, read Part 33, Protests, Disputes, and Appeals.

91
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What are the Termination clauses?

A

Termination clause doesn’t sound very appealing, does it? Death, destruction, ending, finality, time-traveling cybernetic organisms with Austrian accents!

Just like it seems, the Termination clauses allow the government to abruptly fire or terminate your company. You need to understand the three types of Termination clauses: convenience, default, and cause.
Read more about the Termination clauses in Part 49, Termination of Contracts.

92
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What is so important about delivery, inspection, and acceptance clauses?

A

Strictly adhering to clauses related to delivery,
inspection, and acceptance will determine whether your company succeeds or spirals into a costly failure.

Scan your contract for anything related to delivery, inspection, and acceptance (or refusal). You need to know when, where, and how to deliver the supplies or services your contract requires. Before you sign the contract, make sure you understand precisely how you must deliver. This analysis is not limited to supplies.

If your government contract is for services, you also need to know where and when to perform the services. Do you need access to a military base or government-owned building? Do your employees need security clearances? Will your employees need to follow a schedule set by the government rather than your company’s management? Will your company be paid for time during federal holidays, when the government is closed and when workers are unoccupied?

For you to be paid, first your company must deliver.
Then the government inspects and accepts. Keep in mind that inspection and acceptance is not alwaysperformed by the same person or even the same office.
You need to have some idea of how the government will inspect and accept whatever your company provides under the contract. What factors lead to a success or failure during inspection? Will everything be inspected or a test sample only? How much time can the government take during inspection? How long can the government wait before pronouncing acceptance or rejection of the delivery?

Such questions can make or break a government contract. Details of delivery, inspection, and acceptance are vital. Do not be afraid to ask questions about these topics. Carefully read and analyze any section of the contract that deals with delivery, inspection, or acceptance.

93
Q

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?

A

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.

94
Q

FAR PART 52, SOLICITATION PROVISIONS AND CONTRACT CLAUSES

FAR Part 52 contains all the standard contract clauses and solicitation provisions.

What is so important about clauses about submission of certified cost or pricing data?

A

Read about your company’s requirements to submit certified cost or pricing data (and the exceptions!) in Part 15, Contracting by Negotiation.

95
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting.

Where can I find official forms?

A

The General Services Administration (GSA) maintains an online database of forms. The GSA website is
www.gsa.gov.

96
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is the Standard Form (SF) 1402?

A

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.

97
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is SF 1449?

A

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.

98
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is SF 18?

A

SF 18, Request for Quotations, is the form for requesting price quotations.

99
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is SF 30?

A

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.

100
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is SF 26?

A

SE 26, Award/Contract, is the form to sign a new contract with your company. Hopefully, you will

101
Q

FAR PART 53, FORMS

FAR Part 53 contains guidance for standard forms used in government contracting

What is the DD 254 form?

A

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