Items discussed in test review Flashcards
What does the Anti-Deficiency Act prohibit?
Never exceed the amount listed on the purchase request when you award a contract
What does the Misappropriation Act Prohibit?
Using the wrong “color” of money ie using R&D funds on Procurement
What is a commercial item?
Any item, 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 sold, leased, or licensed to the general public; or, has been offered for sale, lease or license to the general public, additional specs for commercial items in FAR Part 10
What is a government unique item?
- Begin with Research and Development and very costly and long-lead time
- Examples: Armament, Nuclear submarines, Fighter aircraft, Missiles ,Helicopters
What is a modified commercial item?
A commercial item that is specially modified for the government’s use. The product is considered commercial if it retains 50% of its original functionality
What is a Non-developmental item?
An item that was developed expressly for government use, as long as the contractor paid for all of the developmental costs, and the item is sold in substantial quantities, on a competitive basis, to multiple government offices (State and Federal)
What are MACs and GWACs?
o Multi-agency contracts (MACs): Are Task Order or Delivery Order contracts established by one Agency for use by Government Agencies to obtain a variety of supplies and services. The Economy Act (FAR 17.5>) applies to orders placed under MACs, with the exception of MACs for information technology established pursuant to the Clinger-Cohen Act
o Government –wide acquisition contracts (GWACS):are Task Order or Delivery Order contracts for information technology established by one Agency for Government wide use. The Office of Management and Budget (OMB), pursuant to section 5112(e) of the Information Technology Management Reform Act (ITMRA) and better known as the Clinger-Cohen Act, designates an Executive Agent to operate each GWAC. The Economy Act does not apply when placing orders under GWACs.
What is the Economy Act?
A. The Economy Act gives us the authority to use another organization to obtain the supplies or services that we need
B. Special approval must be given to use the Economy Act
C. **Economy Act does not apply to GSA buys or Government Wide Agency Contracts
What FAR Part covers Small Business Programs?
FAR Part 19
What is the government’s small business policy?
“….provide maximum practicable opportunities in [Government] acquisitions to small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.”
What is the Competition in Contracting Act (CICA)?
Established requirement to use “competitive procedures” in acquiring supplies/services
What are the 7 Statutory Exceptions to Full and Open Competition?
- 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements
- 6.302-2 - Unusual and compelling urgency
- 6.303-3 Industrial mobilization; engineering, developmental, or research capability; or expert services
- 6.302-4 – International Agreement
- 6.302-5 – Authorized or required by statute
- 6.302-6 – National security
- 6.302-7 – Public Interest
Contracting officers shall not enter into sole source negotiations (other than full and open competition ) without a _________
Justification and Approval (J&A)
What does a J&A contain?
A. Exception authority cited for recommending a Sole Source
B. Sufficient justification for the authority cited
C. Agency identification
D. Description of the supply/service
E. Statutory requirement
F. Market research
G. Any facts supporting sole-source
What are the two most common types of best Value evaluations?
o Lowest Price Technically Acceptable (LPTA)
Award is made to lowest priced acceptable offeror
Government has decided lowest price is the best value
o Tradeoff
Award may be made to any acceptable offeror based on integrated assessment of all evaluation factors in addition to cost/price
What does Best Value mean?
Any competitive negotiated acquisition having a basis for award stating that factors in addition to cost/price will be considered in selecting the successful offeror(s)
What is a determination and findings?
An MFR explaining a decision a KO made concerning an acquisition. In the memo the KO will explain their rational and provide all relevant information they used to arrive at their decision. D&Fs are commonly required in the following instances :
• Other than full and open competition (i.e. sole source)
• Options, Modifications,
• Contract Type (i.e. Time and Material)
What document must be completed prior to awarding a Time and Materials contract?
The KO must complete a Determination and Findings (D&F)
What requirements must be fulfilled to exercise an option?
- Funds are available
- Option fulfills an existing need
- Option is the most advantageous method of fulfilling the need
- Option was synopsized IAW FAR Part 5
- Determination and Findings
How long can a Supply/Service contract last?
Will not exceed 5 years (Base year plus 4 option years)
What is a multiyear contract?
Multiyear contract” means a contract for the purchase of supplies or services for more than 1, but not more than 5, program years and requires congressional approval in the president’s budget and has a cancellation ceiling.
What is a multiple year contract?
- Not the same as Multi-year contracts
- May be IDIQ contracts or contracts with annual options
- Does NOT require Congressional Approval
- Not to exceed 5 years
What is a Synopsis?
Snapshot of requirement
How long must a synopsis be posted before it can be solicited?
15 days
What are the exceptions to publicizing a synopisis?
- Synopsis cannot be worded to preclude disclosure of an agency’s needs and disclosure would compromise national security
- Unusual and compelling urgency
- Foreign Military Sales (if source directed)
- Required by statute
How long must a solicitation be posted for commercial items and R & D?
30,45 days
What is a solicitation?
A document sent to prospective contractors by a Government agency, requesting the submission of offers or information.
