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COSG Limited > List of Lists > Flashcards

List of Lists Flashcards

1
Q

Acquisition Plans within PEO portfolio

A

Supplies > $10M - PEO

Services > $10M - SDO or designee

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2
Q

Acquisition plans Other Contracting

A

Supplies > $10M - SCCO

Services > $10M - SDO or designee, or SCCO (when no SDO)

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3
Q

Acquisition plans >SAT

A

One level above the CO (signs SASS) or SDO if services in PEO portfolio

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4
Q

ASP Chairperson AFPEO/CM acquisition

A

PEO

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5
Q

ASP Chairperson “other contracting” supplies

A

SCCO

if >SAT

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6
Q

ASP Chairperson “other contracting” services

A

SDO, or SCCO if no SDO

if >SAT

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7
Q

Clearance threshold - noncompetitive

A

> $500M: DAS(c)/HCA (SAF/AQC) business clearance only
$50M < 500M: SCCO
25M <50M: One level below SCCO, COCO
5M <25M: Two level below SCCO, Div. chief

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8
Q

Clearance threshold - competitive

A

> $1B: DAS(c)/HCA (SAF/AQC) business clearance only
$50M < 1B: SCCO
25M <50M: One level below SCCO, COCO
5M <25M: Two level below SCCO, Div. chief

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9
Q

MIRT

A

Multi-functional Independent review team

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10
Q

5 critical decision point for MIRTs

A

Pre-Business clearance Critical Decision Point

  1. review draft ASP Brief or review of draft acquisition plan (AP)
  2. Review RFP (namely L and M)
  3. Review draft initial Evaluation/ Competitive range brief or review draft award without discussions brief

Pre Contract clearance CDPs

  1. review draft final proposal revision (FPR) request
  2. review draft source selection decision briefing
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11
Q

Peer Review - when required?

A

Non-competitive >500M
Business Clearance
Contract clearance

Competitive >1B
Pre- RFP
Final Proposal Revision
Contract Award

Services
>1B, also requires post-award peer review

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12
Q

FAR Part 6 does not apply to:

A
  1. Simplified Acquisition Procedures (FAR Part 13)
  2. using contract procedures required by statute
  3. mods against a contract within scope and terms
  4. definite quantity/ requirements contract orders
  5. IDIQ contract orders
  6. TO & DO Contract Orders
  7. Health Care personal services (DFARS 237.104(b)(ii)
  8. follow of production contracts under “other transactions” agreements for prototype projects
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13
Q

7 exception to full and open competition

A
  1. only one responsible source and no other supply/service will satisfy agency requirements
  2. unusual and compelling urgency - only 1 year
  3. industrial mobilization, engineering, development, research capability or expert services - used in sustainment centers, compete for a share of the market
  4. international agreement- FMS
  5. authorized or required by statute- brand name, required source
  6. national security- big safari
  7. public interest
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14
Q

J&A approval thresholds

A

<700K: Contracting officer, as long as within warrant authority & delegated by COCO
>700k <13.5M - competition advocate
>13.5M <93M - PEO/ head of procuring activity/ designated alternate (flag/general officer or SES)(SCCO)
>93M: SPE (SAF/AQ)

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15
Q

Exceptions to Notice of Proposed Contract Actions

A
  1. National security (classified information) (6.302-6)
  2. unusual and compelling urgency (6.302-2)
  3. international agreement (6.302-4)
  4. authorized or required by statute (6.302-5)
  5. utility services - only one source available
  6. IDIQ delivery or task order
  7. small business innovation development act (SBIR)
  8. unsolicited research proposal
  9. perishable subsistence supplies
  10. industrial mobilization or public interest (6.302-3 and 7)
  11. under terms of an existing contract that was previously synopsized
  12. by a defense agency and made or performed outside of the US and only local sources solicited
  13. ,SAT and a) made through means that provide access to the notice through GPE b)permits the public to respond to the solicitation electronically
  14. expert services for litigation or dispute (6.302-3)
  15. agency head determination that synopsis is not appropriate/ reasonable
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16
Q

exceptions to post award notice

A
  1. Unsolicited research proposal
  2. SBIR
  3. IDIQ or FSS
  4. perishable subsistence supplies
  5. utility services - only one source available
    6.
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17
Q

factors to consider in selecting contract type

A
  1. price competition
  2. price analysis
  3. cost analysis
  4. type and complexity of the requirement
  5. combining contract types
  6. urgency of the requirement
  7. period of performance of length of production run
  8. contractor’s technical capability and financial responsibility
  9. adequacy of the contractor’s accounting system
  10. Concurrent contract
  11. extent and nature of proposed subcontracting
  12. acquisition history
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18
Q

FPIF elements

A

target cost
target profit
price ceiling, as a percentage of total cost
profit adjustment formula (share ratio/lines)
point of total assumption = (ceiling price - target price)/government share of ration + target cost

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19
Q

CPIF Elements

A 
target cost
target fee
fee adjustment formula (share line/ ratio)
minimum fee
Maximum fee`
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20
Q

Source Selection Information Definition

A
  1. Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.
  2. Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.
  3. Source selection plans.
  4. Technical evaluation plans.
  5. Technical evaluations of proposals.
  6. Cost or price evaluations of proposals.
  7. Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.
  8. Rankings of bids, proposals, or competitors.
  9. Reports and evaluations of source selection panels, boards, or advisory councils.
  10. 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.
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21
Q

Definition of Past Performance

A

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

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22
Q

7 Standards of Contractor Responsibility

A
  1. Adequate financial resources or ability to obtain them
  2. Be able to comply with required schedule
  3. Satisfactory performance record
  4. Satisfactory record of integrity and business ethics
  5. Necessary organization, experience, accounting and operation controls, and technical skills
  6. Necessary production, construction, and technical equipment and facilities
  7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations
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23
Q

LPTA Rating Scales

A 
Cost/Price Factor
     Reasonableness
     Balance
     Realism
Technical Factors:
     Acceptable
     Unacceptable
Past Performance (if used): 
    Acceptable
    Unacceptable
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24
Q

Tradeoff Rating Scales

A 
Cost/Price Factor
     Reasonableness
      Balance
      Realism
      Total Evaluated Price (TEP)
Technical Factors:
    Blue - Outstanding
    Purple - Good
    Green - Acceptable
    Yellow - Marginal
    Red - Unacceptable
Technical Risk Ratings (if separate):
    Low
    Moderate 
    High
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25
Q

Past Performance Confidence Assessments

A 
Substantial  Confidence
Satisfactory  Confidence
Limited Confidence
No Confidence
Unknown Confidence
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26
Q

PCO Responsibilities at Source Selection

A
  • 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
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27
Q

Pre-Award Debriefing – what to disclose/not to disclose

A

Request within 3 days after receipt of notice of exclusion

  1. Agency evaluation of significant elements of proposal
  2. Summary of rationale used to eliminate from competitive range
  3. 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)
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28
Q

Post-Award Debriefing – what to disclose/not to disclose

A

written request within 3 days after the date of notification of contract award

  1. Evaluation of significant weaknesses or deficiencies in offeror’s proposal
  2. Overall evaluated cost/price and technical rating of awardee and offeror; and past performance information of offeror
  3. Overall ranking of all offerors (if applicable)
  4. Summary of award rationale
  5. For acquisition of commercial items, the make and model of the item to be delivered by the successful offeror
  6. Reasonable responses to questions about how SS procedures were followed
  7. Cannot disclose items from other proposals exempt from release by FOIA (trade secrets, proprietary, financial information, names of individuals providing PPI)
    a. (1) Trade secrets;
    b. (2) Privileged or confidential manufacturing processes and techniques;
    c. (3) Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and
    d. (4) The names of individuals providing reference information about an offeror’s past performance.
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29
Q

5 Exceptions to obtaining Certified Cost or Pricing Data

A
  1. Adequate Price Competition
  2. Prices set by law or regulation
  3. Commercial
  4. TINA Waiver Items
  5. When modifying a contract or subcontract for commercial items
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30
Q

3 Requirements for a TINA Waiver + 1 should

A
  1. Items cannot be obtained without granting the waiver
  2. Price can be determined fair and reasonable without certification
  3. Demonstrated benefits to granting the waiver
    SHOULD, in conjunction with waiver, develop strategy for procuring in future without a waiver (DFARS PGI)
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31
Q

5 Elements to Prove Defective Pricing

A
  1. The information in question fits the definition of cost or pricing data
  2. Accurate, complete, and current data existed and were reasonably available to the contractor before the agreement on price
  3. Accurate, complete, and current data were not submitted or disclosed to the Contracting Officer or one of the authorized representatives of the CO
  4. The government relied on the defective data in negotiating with the contractor
  5. The government’s reliance on the defective data caused an increase in the contract price
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32
Q

7 Examples of Price Analysis techniques

A
  • 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
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33
Q

6 Examples of Cost Analysis techniques

A
  • 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
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34
Q

5 Requirements for Contract Financing

A
  1. Provide financing only to the extent actually needed for prompt and efficient performance
  2. Administer contract financing so as to aid, not impede, the acquisition
  3. Avoid any undue risk of monetary loss to the Government through financing
  4. Include the form of contract financing deemed to be in the Government’s best interest
  5. Monitor the contractors use of financing and the contractor’s financial status
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35
Q

In-Scope Considerations

A

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

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36
Q

Changes Clause – Things you can change

A 
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
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37
Q

7 Pre-Requisites for Ratification

A
  1. Supplies/services provided to and accepted by Government, or if Government obtained benefit
  2. Ratifying official has the authority to enter into a contractual commitment
  3. Resulting contract would have been proper if made by CO
  4. CO determines the price to be fair and reasonable
  5. CO recommends payment and legal concurs
  6. Funds are available and were available at the time the commitment was made
  7. Ratification is in accordance with other agency procedures/limitations
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38
Q

8 Elements to Commercial Item Definition

A
  1. 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 (or has been offered to be) sold, leased, or licensed to the general public.
  2. Items that evolved from #1 and aren’t released yet, but will be in time to meet Government need
  3. Items 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
  4. Any combo of #1 – 3 typically sold in combination to the general public
  5. Services - installation, maintenance, repair & training for #1 – 4 or those provided to commercial market
  6. Services sold competitively in marketplace based on catalog/market prices
  7. Any item, combo, or service above, notwithstanding transfer between divisions of a contractor
  8. Non-developmental item, if developed at private expense & sold competitively to State/local Gov’ts - bullet proof vest
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39
Q

4 Content Areas of CID (and if based on prior CID)

A

required for supply/service over $1M
signed one level above CO if services, combo of definitiions, mod to commercial item, item offered to gen public but not finished yet
New:
1. Description of supplies or services
2. Basis on which the supplies/services meet the definition of a commercial item
3. include key considerations from any analysis performed to compare and contrast the commercial item 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.

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40
Q

8 Conditions for Commercial Item Financing

A
  1. The item is a commercial supply or service
  2. > SAT
  3. CO determines it is customary in commercial marketplace to finance
  4. It is in best interest of the Government
  5. Adequate security is obtained
  6. Commercial advance payments will not exceed 15%
  7. Contract is competitive or adequate consideration is obtained (time value of money)
  8. CO obtains concurrence from payment office concerning liquidation provisions
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41
Q

5 Ways to Encourage Small Business Participation

A
  • 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
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42
Q

6 Fair Opportunity Exceptions

A
  1. Urgency of the requirement
  2. Only awardee capable because unique or highly specialized
  3. Logical follow on, if all awardees were given a fair opportunity for the original order
  4. Needed to satisfy a minimum guarantee
  5. If > SAT, authorized or required by statute
  6. Orders under IDIQ
    • Bonus* Small Business set-aside (no justification required)
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43
Q

7 Items Before Exercising Options

A
  1. Funds are available;
  2. The requirement covered by the option fulfills an existing Government need;
  3. The exercise of the option is the most advantageous method of fulfilling the Government’s need, price and, other factors considered;
  4. The option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions in 5.202,
  5. The contractor is not listed in the System for Award Management Exclusions (see 9.405- 1);
  6. The contractor’s past performance evaluations on other contract actions have been considered;
  7. The contractor’s performance on this contract has been acceptable, e.g., received satisfactory ratings.
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44
Q

8 Types of Data Rights

A
  • 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)
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45
Q

5 Situations for Automatic Gov’t Rights

A
  • 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
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46
Q

Data Rights Challenge Process for Unjustified Markings

A
  1. Assertion - by the contractor of tech data and software to be furnished with restrictions
  2. Verification - acquisition team validates basis for assertions
  3. Clarification - Government requests additional explanation or documentation
  4. Challenge - Government claims assertions are not valid
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47
Q

5 Required ACO Functions

A
  • 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)
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48
Q

4 Part Test for Providing GFP

A
  1. In the Government’s best interest
  2. Overall benefit to the acquisition significantly outweighs increased cost of administration
  3. Providing the property does not substantially increase the Government’s assumption of risk
  4. Government requirements cannot otherwise be met
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49
Q

9 FOIA Exemptions/3 Exclusions

A

Exemptions:
1. National security
2. Agency personnel rules
3. Federal law prohibits disclosure
4. Trade secrets or confidential information
5. Agency memos available only in litigation
6. Personal Privacy (personnel, medical files, etc.)
7. Information for law enforcement purposes and harm could occur
8. Supervision of financial institutions
9. Geological data concerning wells
Exclusions:
1. Ongoing criminal investigation
2. Protected informant status
3. FBI classified records

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50
Q

4 Things to Certify a Claim

A
  1. Made in good faith
  2. Supporting data are accurate and complete
  3. Amount request represents accurately the Contractor belief of the Governments liability
  4. Individual certifying has authority to do so
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51
Q

3 Things to Certify an REA

A
  1. Made in good faith
  2. Supporting data are accurate and complete
  3. Individual certifying has authority to do so
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52
Q

8 BBP Focus Areas

A
  1. Achieve Affordable Programs
  2. Achieve Dominant Capabilities While Controlling Lifecycle Costs
  3. Incentivize Productivity in Industry and Government
  4. Incentivize Innovation in Industry and Government
  5. Eliminate Unproductive Processes and Bureaucracy - far 13 and 16
  6. Promote Effective Competition
  7. Improve Tradecraft in Acquisition of Services
  8. Improve the Professionalism of the Total Acquisition Workforce
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53
Q

Conflict of Interest (COI)

A

Avoid, Neutralize, Mitigate

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54
Q

Contracting officer

A

a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.

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55
Q

CO Authority

A

FAR 1.602 Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority (see 1.603-1) clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.
(b) No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

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56
Q

CO Responsibilities

A

Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment.

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57
Q

Duties that a CO cannot retain

A
  1. Negotiate FPRAs
  2. Establish final indirect rated and billing
  3. determine adequacy of contractor disclosure statement (CAS Compliance)
  4. Determine adequacy of contractor accounting system
  5. DFARS- review EVM and Master subcontracting plan
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58
Q

Contracting officer’s representative

A

individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

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59
Q

COR responsibilities

A

(1) Shall be a Government employee, unless otherwise authorized in agency regulations;
(2) Shall be certified and maintain certification in accordance with the current Office of Management and Budget memorandum on the Federal Acquisition Certification for Contracting Officer Representatives (FAC-COR) guidance, or for DoD, in accordance with the current applicable DoD policy guidance;
(3) Shall be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with agency procedures;
(4) May not be delegated responsibility to perform functions that have been delegated under 42.202 to a contract administration office, but may be assigned some duties at 42.302 by the contracting officer;
(5) Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions;
(6) Shall be nominated either by the requiring activity or in accordance with agency procedures; and
(7) Shall be designated in writing, with copies furnished to the contractor and the contract administration office—
(i) Specifying the extent of the COR’s authority to act on behalf of the contracting officer;
(ii) Identifying the limitations on the COR’s authority;
(iii) Specifying the period covered by the designation;
(iv) Stating the authority is not redelegable; and
(v) Stating that the COR may be personally liable for unauthorized acts

DFARS 201.602-2 States a COR shall be an employee , military or civilian, of the U.S. Government, a foreign government, or a North Atlantic Treaty Organization/coalition partner. In no case shall contractor personnel serve as CORs.

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60
Q

COR file

A

The COR shall maintain a file for each assigned contract. The file must include, at a minimum—

(a) A copy of the contracting officer’s letter of designation and other documents describing the COR’s duties and responsibilities;
(b) A copy of the contract administration functions delegated to a contract administration office which may not be delegated to the COR (see 1.602-2(d)(4)); and
(c) Documentation of COR actions taken in accordance with the delegation of authority.

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61
Q

required sources regulations

A

FAR Part 8 and 38

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62
Q

required sources priority list - sources

A

Inventories of the requiring agency
Excess from other agencies
Federal Prison Industries, Inc. (UNICOR)
Committee for Purchase from People Who are Blind or Severely Disabled (NIB-NISH)
Wholesale supply sources
Optional Federal Supply Schedule, Economy Act instruments
Commercial Sources

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63
Q

required sources prioirity list - services

A

Committee for Purchase from People Who are Blind or Severely Disabled (NIB-NISH)
Federal Prison Industries, Inc. (UNICOR)
Optional Federal Supply Schedule, Economy Act instruments
Commercial Sources

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64
Q

exceptions to mandatory sources

A
  1. unusual and compelling urgency
    When using non-mandatory sources, the Gov’t must consider FAR part 19 unless otherwise noted
    Encourage GPC purchases up to $25K on pre-priced contracts (DPAP memo dated 02 JUN 2015)
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65
Q

Market research

A

means collecting and analyzing information about capabilities within the market to satisfy agency needs.
Mandated by LAW

FAR part 10- Market research is conducted to determine if commercial items or nondevelopmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs.

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66
Q

When do we do market research

A

(i) Before developing new requirements documents for an acquisition by that agency
(ii) Before soliciting offers for acquisitions estimated value in excess of the SAT
(iii) Before soliciting offers for acquisitions with an estimated value less than the SAT when adequate information is not available and the circumstances justify its cost
(iv) Before soliciting offers for acquisitions that could lead to consolidation or bundling
(v) Before awarding a task or delivery order under an ID/IQ contract for a noncommercial item in excess of the SAT
Market research is on an ongoing basis to the maximum extent practicable

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67
Q

market research process

A

AFMC IG Part 5310, “AFMC Market Research Process Guide”
Market Research 6-Step Process
Define the requirement
Request technical support
Gather historical information
Develop a Market Research Strategy
Conduct Market Research Activities (including Sources Sought Synopsis and other techniques described on following slides)
Prepare Market Research Report (see handouts for templates)

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68
Q

why small business?

A

Established the Small Business Administration (SBA)
Purpose: “Independent Agency of the Federal Government to aid, counsel, assist, and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.”
SB Specialists are required to review all acquisitions expected to exceed $10,000.
This is not the Synopsis Threshold
Review is documented on DD Form 2579

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69
Q

small business concern

A

Independently owned and operated
Not dominant in the field of operation in which it is bidding
Qualified as a small business under criteria and size standards (Size Standards)

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70
Q

concern

A

Organized for profit
A place of business located in the United States or its outlying areas
Makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor

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71
Q

small business rule of two

A

Each contract for the purchase of goods and services that has an anticipated value greater than $3.5K, but less than $150K shall be reserved exclusively for small businesses if two or more small businesses will submit competitive offers
15 U.S.C. § 644(j); see also 80 Fed. Reg. 38294

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72
Q

non-manufacturers rule

A

Means that a contractor under a small business set-aside or 8(a) contract shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern. 13 CFR 121.406(b)(1) FAR 9.001

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73
Q

bundling

A

Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business”

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74
Q

$ value of small business

A

For acquisitions of supplies or services that have an anticipated dollar value exceeding $3,500 but not exceeding $150,000 are exclusively reserved acquisitions for small business concerns. FAR 19.502-2

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75
Q

how does CO determine set aside

A

CO must first consider socioeconomic contracting programs before set aside for small business, then
CO shall set-aside any acquisition with expectation that two or more offers from small business concerns
Award will be made at fair market price

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76
Q

types of small business

A

8(a) Program, HUBZone Program, Service-Disabled Veteran-Owned Small Business (SDVOSB) Procurement Program, or the Women-Owned Small Business (WOSB)

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77
Q

sufficient cause for set aside

A

None of the following is, in itself, sufficient cause for not setting aside an acquisition
A large percentage of previous contracts for the required item(s) has been placed with small business concerns
The item is on an established planning list under the Industrial Readiness Planning Program
The item is on a Qualified Products List
A period of less than 30 days is available for receipt of offers
The acquisition is classified
Small business concerns are already receiving a fair portion of the agency’s contracts for supplies and services
A class small business set-aside of the item or service has been made by another contracting activity
A “brand name or equal” product description will be used in the solicitation

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78
Q

Difference between apparent, express, and implied authority?

A

Actual authority- express and implied
express- actual authority to bind the government exists when Consitituation, statute, or regulation grants the authority to an agent in unambiguous terms. Implied - such authority is considered to be an integral part of the duties assigned to a government employee and cannot exist without prior express actual authority.

apparent authority- when a principal makes other believe that she has conferred authority upon an agent by holding them out to the public or a third party as the principal’s agent. this never binds the government

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79
Q

when is cost analysis used and when is pricing analysis used?

A

price analysis is generally used with commercial items and considers only the final price.

cost analysis is used often in sole source environments and breaks down and analyzes separate cost elements and then combines them back together to arrive at the final price.

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80
Q

basic elements of cost reimbursement contract

A

provide for payment of allowable incurred costs to the extent prescribed in the contract. the contracts estimate a total cost for the purpose of obligating funds and establishing a ceiling.

suitable only when circumstances do not allow the agency to define its requirements sufficiently or there are uncertainties involved in contract performance.

must have a D&F signed at least one level above the CO but depending on K type, may go higher, written ack plan approved, contractor has suitable accounting system and there is approporate government surveillance during performance.

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81
Q

requirements necessary to properly exercise an option

A
  1. provide writeen notice to the contractor within time period specified in the contract
  2. if EPA and contractor requests price revision, determine affect of price adjustment prior to exercising option
  3. prepare d and f
82
Q

order of precedence for contract financing

A

1 private financing without government guarantee

FAR 32

83
Q

what is a subcontract?

A

FAR 19.701 any agreement other than employer-employee relationship entered into by a gov prime calling for supplies or services

84
Q

subcontracting possibility

A

FAR definition is all inclusive
Prime may separate subcontracting costs into different categories
FAR 52.219-9(l) Interdivisional transfers are not subcontracts.

85
Q

when is a subcontracting plan required?

A

Small Business Act - 15 U.S.C. 637(d)

Subcontracting plan details a Prime contractor’s strategy for meeting small business goals

Subcontracting Plans are required for:
All contractual actions, including modifications, over $700K ($1.5M for construction) that have subcontracting possibilities based on total value of basic & all options
PCO may require plan if prime’s size changes due to size rerepresentation

86
Q

exceptions to subcontracting plans

A
  1. small business
  2. personal services
  3. contracts or mods performed entirely outside of US and its outlying areas
87
Q

types of subcontracting plans

A

Individual - FAR 19.704

Master - FAR 19.704(b)

Comprehensive - DFARS 252.219-7004

Commercial - FAR 19.704(d)

88
Q

individual subcontracting plan

A

An individual subcontracting plan covers:
The entire contract period
applies to a specific contract, and
has goals that are based on the offeror’s planned subcontracting in support of that specific contract
Must meet requirements of FAR 19.704 & 52.219-9, DFARS 252.219-7003 (Deviation) & AFFARS 5319.704
May incorporate master plan

89
Q

master subcontracting plan

A

Plant or division-wide plan that contains all elements of an individual plan, except goals

Negotiated and Approved by ACO

May be incorporated into individual subcontract plans

Effective for 3 years after approval, updated as appropriate

When incorporated into a specific contract, applies throughout life of the contract

90
Q

comprehensive subcontracting plan

A

Program to determine if subcontracting plans on a corporate, division, or plant-wide basis reduce admin burden & enhance subcontract opportunities for SB

To be eligible a contractor must be:
A business concern that during the preceding fiscal year Performed under at least 3 DoD contracts aggregated $5M or more
Achieved a SDB subcontracting rate of 5% or more

Plan with company-wide goals negotiated on annual basis by DCMA & incorporated by ACO into all contracts requiring plan

Program extended to 31 Dec 2027 per DoD Class Deviation 2018-O0010

91
Q

commercial subcontracting plan

A

Plan with for all production of commercial items sold by the company or any portion thereof
company-wide goals negotiated for all Govt by PCO with 1st contract or latest completion date
renegotiated each Fiscal Year, 30 days before end of contractor’s FY
Incorporate in all contracts if product or service continues to meet the definition of a commercial item
SB specialist coordination only required if PCO negotiates the plan for the Government

92
Q

small business participation commitment doc

A

formerly called Small Business Participation Plan, Small Business Utilization Plan, or Enhanced Subcontracting Plan

FAR 15.304(c)(4) requires evaluation of small business participation for solicitations involving bundling.

DFARS 215.304(c) requires evaluation of small business participation in other than LPTA source selections whenever a subcontracting plan is required.

93
Q

supply

A

means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing.
Tangible
Repairable
Has a Stock Number
Can be bought commercially (Off the Shelf)

94
Q

services

A

FAR part 37
“Service contract” means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a nonpersonal or personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:
(1) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.
(2) Routine recurring maintenance of real property.
(3) Housekeeping and base services.
(4) Advisory and assistance services.
(5) Operation of Government-owned equipment, real property, and systems.
(6) Communications services.
(7) Architect-Engineering (see Subpart 36.6).
(8) Transportation and related services (see Part 47).
(9) Research and development (see Part 35).

Big one - Labor Hours
Effort, Time, or Knowledge
Buy a Solution

95
Q

personal services

A

a contractor employee has the appearance of a government employee and a government ee has relatively continuous supervision and control over contractor ee (healthcare)

96
Q

AFI 63-138

A

Directs performance based procedures for acquiring services within the AF
AFI 63-138 applies to all personal and non-personal services greater than or equal to the SAT utilizing Air Force appropriated funds purchased by the Air Force or any other acquisition entity for a requirement that benefits the Air Force.

97
Q

principal purpose

A

Principle Purpose is what you want to accomplish with a contract. Principal Purpose is not determined by dollar amounts or percentage of the work being performed, although both may be considered when determining the Principal Purpose of an acquisition.

Principle Purpose = Intent of the effort

98
Q

Contract Type- FAR and DFAR

A

FAR 16
DFARS 216-104 CO SHALL follow the principals and procedure memo from DPAP
FAR 12- preference for FFP

99
Q

why is there a preference for FFP contract?

A

because with commercial items wit cannot get certified cost or pricing data (exempt)

100
Q

FPEPA

A

Upward or downward revision of the stated contract price upon occurrence of specified contingencies
Three general economic price adjustment types
Based on established prices
Based on actual costs of labor or material
Based on cost indexes of labor or material
Reduces risk from unstable market or labor conditions
CO deems it necessary

101
Q

FPI

A

A fixed price contract that provides for adjustment of profit and final contract price
Appropriate when the contractor’s assumption risk will provide a positive profit incentive for cost control, technical performance, and/or delivery
Two forms
Firm Target
Successive Target

Fixed Price Incentive Firm - FAR 16.403-1
Appropriate when the parties can negotiate at the outset a firm target cost, target profit, and profit adjustment formula that will provide a fair and reasonable incentive
Contractor has an adequate accounting system
Adequate cost or pricing information
Schedule shall specify target cost ($), target profit ($), ceiling price ($), and share ratio (%)

102
Q

FFP LOE

A

Contractor provides specific level of effort over specific amount of time and the Government pays fixed dollar amount
When:
Work cannot be clearly defined
Level of effort is agreed upon in advance
Intended result can’t be achieved by expending less than the stipulated effort, and
Contract price is $150,000 or less

103
Q

CPFF

A

Cost reimbursement contract that provides the contractor a negotiated fee that is fixed at inception of contract
Statutory limitations on fee
Maximum cost risk to Government
Best used when effort is not well defined or in R&D studies
Two forms- FAR 16.306(d)
Completion
Term

104
Q

CPIF

A

Cost reimbursement contacts that provides for the initially negotiated fee to be adjusted based on the relationship of total allowable costs to total target costs
Deviations from target costs results in application of the formula to determine the fee payable
Non-commercial services or development and test programs when incentive targets can be reasonably estimated
Elements:
Target Cost ($)
Target/min/max fee ($)
Share ratio (%)

105
Q

CPAF

A

Cost reimbursement incentive contract that provides for a base fixed fee with an additional award fee based on performance criteria
Award-Fee plan required
Similar to FPAF but not as well defined
Requires an adequate accounting system

106
Q

Time and materials

A

Used to acquire supplies or services on basis of direct labor hours at fixed rate and material priced at actual cost
May be used only when it is not possible at time of contract award to estimate extent or duration of work; or anticipate costs with any reasonable degree of confidence
No positive profit incentive for cost control or efficiency
Highest risk to the Government

107
Q

Blanket purchase agreement

A

Used as a Simplified Acquisition Method for purchases under SAT
Repetitive needs for supplies
Establishes charge accounts with approved sources
Does not alleviate the requirement for competition
BPAs with multiple contractors are encouraged

108
Q

Basic ordering agreement

A

Use when specific items, quantities, and prices are not known at time agreement is executed
Contains terms and clauses applying to future orders
Describes as specific as possible supplies/services
No guarantees

109
Q

draw FPIF geometry

A

include point of total assumption
target profit
share line
ceiling

110
Q

draw CPIF geometry

A

include range of incentive effectiveness, min fee, max fee, target fee, share ration

111
Q

FPI actual costs

A

if actual cost on previous FP contract were 4% below the negotiated cost, BBP states we should go FPI

112
Q

SOW

A

The SOW is the portion of a contract which establishes and defines all non-specification requirements for contractor’s efforts either directly or with the use of specific cited documents.

Don’t tell the contractor how to do it, tell that what to do

113
Q

PWS

A

The PWS is a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes. FAR Subpart 2

114
Q

SOO

A

The SOO is a Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach. That portion of a contract that establishes a broad description of the government’s required performance objectives.

generally used for more innovative approached

115
Q

SOO

A

The SOO is a Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach. That portion of a contract that establishes a broad description of the government’s required performance objectives.

generally used for more innovative approaches

116
Q

GFP accountability

A

only to one contract at a time

117
Q

GFP factors to consider when considering best interest

A
  1. Economy – Furnishing Government property is the lowest cost or price alternative.
  2. Standardization – There is a critical need for precise replication.
  3. Security – Government property is needed due to national security issues/concerns.
  4. Expedite production – Government property is crucial to achieving timely or accelerated delivery of a supply item or service.
  5. Scarcity – The Government can obtain scarce items, or is the only source of property necessary for successful execution of a contract.
  6. Maintain the industrial base – Government property is needed to ensure future capability to obtain a particular supply item or service.
  7. Contract type – Government property will enable the Government to obtain a more favorable contract type.
118
Q

when to use GFP clauses

A

all cost type and t and M solicitations and contracts
all FP contracts and solicitations when providing property
commercial- where GFP > SAT or when K calls for Ktr to acquire property for use in contract that is titles to the gov’t

119
Q

RIF

A

Rapid Innovation Fund
collaborative vehicle for small business to rapidly insert technology into acquisition programs, has to be completed within 24 months and cannot cost more than $3M

120
Q

service contract labor standards act

A

Applies > $2,500
Sets minimum wages, fringe benefits, safe and sanitary working conditions, notification of minimum allowable compensation, and equivalent Federal employee classifications and wage rates
Sets prevailing wages determined by Secretary of Labor, if a CBA doesn’t apply

service K cannot exceed 5 years

if violated-gov can withhold funds to reimburse underpaid ees

121
Q

Wage Rate Requirements Statute

A

Davis Bacon
Sets prevailing wages determined by Secretary of Labor
Required For:
Contracts in excess of $2,000
Which the United States or District of Columbia is a part for
Construction, Alteration, or Repair (includes painting & decorating) of Public Building/Works
Within the United States
Requires
No laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor
Include FAR clause 52.222-6 – Construction Wage Rate Requirements in contract

122
Q

Contracts for Materials, Supplies, Articles & Equipment

A

walsh healey
Sets minimum wages, maximum hours, child labor, convict labor, and safe and sanitary working conditions
Required For
Contracts for manufacture or furnishing of materials, supplies, articles, or equipment that exceeds or may exceed $15,000 and
is subject to 41 U.S.C. chapter 65
Applies to contracts and subcontracts under Section 8(a) of the Small Business Act
Also applies to indefinite-delivery contracts, BOAs and BPAs,
Performed within the United States, Puerto Rico, or Virgin Islands

123
Q

why are data rights important

A

statutory requirement for PMs to assess long term technical data needs of systems and subsystems.

want to be able to compete sustainments, not be locked into sole source

124
Q

data rights definition

A

license rights to commercial and non-commercial technical data and software , government does not own the rights, we license them, this is all based on DFARs regulations

125
Q

unlimited data rights

A

use, modify, reproduce, perform, disclose

126
Q

non-conforming marking

A

do not comply with data rights clause, ktr given 60 days to correct, we can use it as less restrictive but let ktr know

127
Q

unjustified marking

A

legends that do not accurately depict data rights, gov can challenge but marking remains in place until challenge resolved

128
Q

why do we need J&A?

A

saves time and money, reduce duplicative development costs

129
Q

single source v sole source

A

sole source- only ones who can do it

single source- others can do it but it will take too much time and money to switch to someone else (computers)

130
Q

preference for acquiring commercial items

A

FAR PAR 12 implements statutory preference
beneficial because:
cost: items already developed
schedule: no period of time devoted to development
performance: already used in the field, issues already worked out

131
Q

warranty for commercial items

A

implied warranty of merchantability (fit for ordinary purpose) warranty of fitness (fit for particular purpose)

132
Q

deviations

A

“Deviation” means any one or a combination of the following:

(a) Issuance or use of a policy, procedure, solicitation provision, contract clause, method or practice of conducting an acquisition of any kind, at any stage of the acquisition process that is inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate language not authorized by the FAR.
(d) The use of a provision or clause prescribed by the FAR on a “substantially as follows” or “substantially the same as” basis, if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation provision, clause, policy, or procedure prescribed by FAR.
(f) The that govern the contracting process or otherwise control contracting relationships that are no issuance of policies or procedures t incorporated into agency acquisition regulations IAW FAR 1.301(a).

133
Q

when are deviations granted?

A

FAR 1.402 – unless precluded by law, executive order, or regulation:
Deviations may be granted to meet agency requirements
The development and testing of new techniques/methods of acquisition should not be stifled simply because an action would require a deviation.
Contract Cost Principles deviations covered in 31.101.
“Advance approval” required to ensure uniformity in following principles and procedures

precluded by law:
FAR 30.201-3 (Provisions required for CAS covered contracts)
FAR 30.201-4 (Clauses required for CAS covered contracts)
Cost Accounting Standards Board (CASB) rules and regulations
However, CAS applicability can be waived IAW FAR 30.201-5

134
Q

types of deviations

A

individual: only one contract action, approved by agency head
class: more than one contract action, approved by DPAP

135
Q

waivers

A

not specifically defined in the FAR

examples: certified cost or pricing data, non-manufacturers rule

136
Q

authorization

A

Legal Authority to carry out a program (Does not provide budget authority) – Provides permission and direction on how to spend funds

137
Q

appropriation

A

Act of Congress that permits federal agencies to incur obligations

138
Q

apportionment

A

OMB divides the amounts available for obligation by specific time periods, activities, projects, objects or a combination of these

139
Q

allocation

A

The amount of budget authority transferred from one agency, bureau, or account that is set aside in a transfer appropriation account to carry out the purpose of the parent appropriations –ex. DOD funds the Services through the OSD’s Comptroller Office

140
Q

allotment

A

The amount of budget authority transferred from the agency to the activity

141
Q

commitment

A

An administrative reservation of funds based on firm procurement requests, unaccepted customer orders, Directives, and equivalent instruments.

142
Q

obligation

A

An action that legally binds the federal government to a future expenditure and outlay from the Treasury, that is, a legal reservation of funds.

143
Q

expenditure

A

Issuing of a government payment instrument, for example, electronic funds transfer or check. Expenditures are sometimes called disbursements

144
Q

outlay

A

This is a payment of cash from the U. S. Treasury to liquidate a previous obligation. The payment can be the result of an electronic funds transfer or the recipient of a government check cashing the check.

145
Q

title 31 USC-fiscal law

A

Appropriations provide authority to incur obligations and to make disbursement for the purposes, during the time limits and up to the amount limitation specified in the appropriation act.

FAR 32

146
Q

Misappropriations Act

A

purpose

Requires that appropriated funds be used only for the purpose and programs for which the appropriation was made

147
Q

Bona Fide Need Rule

A

Time
Requires that appropriated funds be used only for needs or services that arise in the year (s) of the appropriation’s obligations availability period

148
Q

antideficiency Act

A

Amount
Prohibits making or authorizing an obligation in excess of the amount available in the appropriation
Forbids obligating funding in advance of an appropriation
Once it is determined that there has been a violation of 31 U.S.C. §§ 1341(a), 1342, or 1517(a), the agency head “shall report immediately to the President and Congress all relevant facts and a statement of actions taken.” 31 U.S.C. §§ 1351, 1517(b).
voluntary service- we cannot accept these, we need consideration

149
Q

bona fide need exception

A

Lead-time exception (consider normal production lead time)
Stock Level exception (replace stock consumed in current year with current year funds)
Service Contracts: Bona fide need of FY the services are performed.
Nonseverable services exception (single, unified outcome, product or report: may fund entire effort with current year funds & execution may cross FYs.) Single effort that cannot be feasibly subdivided
Severable Service Contract (Exception):Statutory provision (PL 105-85, Sec. 801 & Title 10,U.S.Code 2410a) allows funding a severable service contract/task beginning in one FY and ending in the next FY, all in the first year, if the contract period does not exceed 12 months

Stock piling of supplies at end of FY is PROHIBITED

150
Q

O&M funds

A

3400- 1 year

151
Q

RDT&E finds

A

3600-2 years

152
Q

Procurement

A

3010, 3080- 3 years

153
Q

MILCON

A

3300-5 years

154
Q

MILPERS

A

3500- 1 year

155
Q

current, expired, cancelled funds

A

current- available for new obligations, obligations adjustments, expenditures, outlays
expired- (5 years)available for obligation adjustments, expenditures, NO new obligations
cancelled- unavailable for obligations, adjustments, expenditures

156
Q

contingent liability

A

A contingent liability is a potential liability that may or may not become an actual liability depending on the outcome of future event
Normally not covered by budget authority in advance.
An existing condition, situation, or set of circumstances that poses the possibility of a loss to an agency that will ultimately be resolved when one or more events occur or fail to occur
Occurrence of the event is uncertain and often beyond the control of the Government
Can occur as a result of unadjudicated claims, assessments, loan guarantee programs, federal insurance programs, etc.
The existence of a contingent liability DOES NOT equate to a definite obligation
Funds must be committed to cover the liability in the event that the contingency materializes as to avoid a violation of the Anti-Deficiency Act (ADA)
Examples
Known
Under a UCA, you may obligate up to 50% at first. The other 50% is the contingent liability until it materializes (qualifying proposal)
Award Fee
Unknown
REA
Lawsuit

157
Q

Limitation of Cost

A

FAR 32.706-2(a)
The contracting officer shall insert the clause at 52.232-20, Limitation of Cost, in solicitations and contracts if a fully funded cost-reimbursement contract is contemplated, whether or not the contract provides for payment of a fee.
Contractor shall notify CO w/in 60 days prior to all costs exceeding 75% or costs significantly < the estimate
60 days can be varied from 30 to 90 days
75% can be changed from 75% to 85%
Intent is to avoid ADA violation and limit Contractor’s performance risks
If no notice given, USG is not obligated to reimburse for any costs in excess of obligated amount
Requires Contractor best efforts to perform within estimated costs, but Contractor has no further obligation to perform until the obligation is increased

158
Q

limitation of funds

A

FAR 32.706-2(b)
The contracting officer shall insert the clause at 52.232-22, Limitation of Funds, in solicitations and contracts if an incrementally funded cost-reimbursement contract is contemplated
Limits obligation of USG to amount obligated under the contract
Contractor shall notify the CO whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75% of the total amount so far allotted to the contract by the Gov’t or if this is a cost-sharing contract, the amount then allotted to the contract by the Gov’t plus the Contractor’s corresponding share
Similar to LOC
Intent is to avoid ADA violation and limit Contractor’s performance risks, 60 days can be varied from 30 to 90 days and 75% can be varied from 75-80%
Relieves Contractor from any legal obligation to complete work once funds are exhausted

159
Q

Limitation of Government’s Obligation

A

DFARS 232.705-70
Use the clause at 252.232-7007, Limitation of Government’s Obligation, in solicitations and resultant incrementally funded fixed-price contracts. The CO may revise the contractor’s notification period, in paragraph (c) of the clause, from “ninety” to “thirty” or “sixty” days, as appropriate.
DFARS 252.232-7007
Requires Contractor to notify the CO in writing 30-90 days prior to when the Contractor anticipates the total amount payable by USG will approximate 85% of current obligation
Notification must state estimated date when point is reached
Notification must contain an estimate of additional funding required, if needed
DFARS 252.232-7007
The Contractor performs up to the point of the total amount currently being obligated to the contract
Any costs expended beyond the Gov’t’s limitation of obligation are at the Contractor’s risk
The Gov’t is not obligated to reimburse the Contractor in excess of the funds currently allotted to the contract
If additional funds are allotted, the parties will agree as to the period of contract performance which will be covered by the funds
If additional funds are not allotted – Termination for Convenience of the Gov’t issued

160
Q

availability of funds

A

FAR 32.702-Policy
No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any contract, the contracting officer shall –
(a) Obtain written assurance from responsible fiscal authority that adequate funds are available or
(b) Expressly condition the contract upon availability of funds in accordance with32.703-2. - need COCO approval to award without funds, do mod after to add funds

161
Q

FAR 52.232-18 Availability of Funds

A

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

162
Q

FAR Clause 52.232-19 Availability of Funds for the Next Fiscal Year

A

Funds are not presently available for performance under this contract beyond ________. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _____, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

163
Q

Early Effective Date

A

Directorate Chief of Contracting approves
Must have agreement on price and terms & conditions and have funding.
Direction must be in writing and include notice of allowability of costs and risk if no contract award.
EED shall not be earlier than date of price agreement.
Obtain legal review for effective date that is more than 30 days prior to envisioned award date

164
Q

Debriefing

A

FAR 15.5
A meeting between government personnel and an offeror who has been eliminated from the competition either prior to or after contract award

165
Q

Purpose of a Debrief

A

To explain the rationale for exclusion
To identify weaknesses in the proposal
Try to reduce misunderstandings and protests
To solicit feedback from the offeror

166
Q

Post award debrief deviation

A

Unsuccessful offerors have the to opportunity to submit additional questions related to the debriefings within 2 business days after receiving the debriefing
Government shall respond in writing within 5 business days after receipt of the questions
The agency shall not consider the post-award debriefing to be concluded until the agency delivers its written responses to the unsuccessful offeror

167
Q

Protest/interested party

A

Protest means a written objection by an interested party
Timely
Complete
Interested party for the purpose of filing a protest
means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract

168
Q

what can be protested?

A

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.
(2) The cancellation of the solicitation or other request.
(3) An award or proposed award of the contract.
(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

169
Q

Not Protestable (GAO)

A

Contract Administration
Size Standards and NAICS Standard
Small Business Certificate of Competency Program
Procurements under sec. 8(a) of the Small Business Act
Affirmative determination of responsibility by the CO
Procurement integrity- failed to report evidence of a offense to CO or Agency within 14 days after discovery of the alleged act
Protests not filed either in GAO or the agency within the time limits
Protests which lack a detailed statement of the legal and factual grounds
Subcontract protests
Suspensions and debarments
Competitive range

170
Q

protest likely after award

A

CO can stay performance of a contract until after period of protest over

171
Q

where can a protest be filed?

A

The Agency
The Government Accountability Office (GAO)
The U.S. Court of Federal Claims

172
Q

agency protest pre-award

A

Protests based on alleged apparent improprieties in a solicitation shall be filed before bid opening or the closing date for receipt of proposals. In all other cases, protests shall be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.
BEFORE AWARD: a contract may not be awarded, pending agency resolution of the protest, unless contract award is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government. Such justification or determination shall be approved at a level above the contracting officer, or by another official pursuant to agency procedures
The PCO will inform the offerors whose offers might become eligible for award of the contract. If appropriate, the offerors should be requested, before expiration of the time for acceptance of their offers, to extend the time for acceptance to avoid the need for resolicitation.

173
Q

protest post award

A

Filed within 10 days after contract award
5 days after debriefing (with no questions) or
5 days after written response are provided to debriefing questions, whichever is later
PCO shall immediately suspend performance, pending resolution of the protest within the agency, including any review by an independent higher level official, unless continued performance is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government.
Determination shall be approved at a level above the contracting officer, or by another official pursuant to agency procedures.
Pursuing an agency protest does not extend the time for obtaining a stay at GAO.

174
Q

agency protest resolution

A

Agencies shall make their best efforts to resolve agency protests within 35 days after the protest is filed.
To the extent permitted by law and regulation, the parties may exchange relevant information.
Agency protest decisions shall be well-reasoned, and explain the agency position.
The protest decision shall be provided to the protester using a method that provides evidence of receipt

175
Q

GAO protest

A

Contractor file within 10 days of knowledge of initial adverse agency action (same as Agency protest)

Contractor must furnish complete copy to agency NLT 1 day after filing with GAO

Agency notifies contract awardee and/or potential awardees of protest

Agency provides a complete report to GAO within 30 days (20 days express option)

Agency provides protest file to actual or prospective Contractors

GAO may issue protective orders

176
Q

GAO protest before award

A

May not award contract unless
Urgent and compelling which significantly affect the interest of the United States will not permit awaiting the decision of the GAO
Award is likely to occur within 30 days of the written finding
Authorized by HCA
Must notify the GAO

177
Q

GAO protest after award

A

Within 10 days of contract award, or
5 days after a debriefing date (w/o questions)
5 days after written responses to questions
Continue performance
Best interest of the United States
Urgent and compelling
Authorized by HCA
Suspend performance or terminate the awarded contract
Negotiate a mutual agreement on a no-cost bases

178
Q

GAO protest timeline

A

30 days for agency to file report, 100 days for decision

express option 60 days for decision

179
Q

Clarifications

A

Clarifications are limited exchanges, between the Govt. and offerors, that may occur when award without discussions is contemplated.
If award will be made without discussions, offerors may be given the opportunity to clarify:
Certain aspects of proposal
Ex. relevance of an offeror’s past performance information
Ex. adverse past performance information to which the offeror has not previously had an opportunity to respond
Resolve minor or clerical errors

180
Q

communications

A

Communications are exchanges leading to establishment of the competitive range.
Communications to Establish the Competitive Range:
Shall be held with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range.
Communication shall address adverse past performance information to which an offeror has not had a prior opportunity to respond
Offerors whose exclusion/inclusion in the competitive range is uncertain.

181
Q

purpose of communications

A

Communications to Establish the Competitive Range:
Purpose
Address issues that must be explored to determine whether a proposal should be placed in the competitive range.
SHALL NOT provide an opportunity for the offeror to revise its proposal
May address:
Ambiguities in the proposal or other concerns
Ex. perceived deficiencies, weaknesses, errors, omission, or mistakes
Information relating to relevant past performance
SHALL address adverse past performance information to which the offeror has not previously had an opportunity to comment.

182
Q

negotiations/discussions

A

Negotiations are exchanges (competitive or sole source effort) between the Govt. and offeror(s) that are undertaken with the intent of allowing the offeror to revise its proposal.

Negotiations are conducted in a competitive acquisition, they take place after the establishment of the competitive range and are called discussions.

Discussions (competitive acquisition after est. competitive range)
Tailored to each offeror’s proposal.
Must be conducted by the CO with each offeror within the competitive range.
Objective is to maximize the Govt.’s ability to obtain best value based on the requirement and the evaluation factors set forth in the solicitation.

183
Q

discussion topics

A

Discussion Topics:
Deficiencies, significant weaknesses, and adverse past performance information to which the offeror has not yet had an opportunity to respond.
Other aspects of offeror’s proposal that could, in the opinion of the CO, be altered or explained to enhance materially the proposal’s potential for award.
NOTE: the CO is NOT required to discuss every area where the proposal could be improved.
The scope and extent of discussions are a matter of CO judgment.

184
Q

limits on exchanges

A

Govt. shall not engage in conduct that:
Favors one offeror over another;
Reveals an offeror’s technical solution;
Unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror’s intellectual property.
Reveals an offeror’s price without that offeror’s permission;
NOTE: the CO may inform an offeror that its price is considered by the Govt. to be too high or too low, and reveal the results of the analysis supporting that conclusion.
NOTE: the Govt. may indicate to all offerors the cost or price that the Govt.’s price analysis, market research, and other reviews have identified as reasonable.
Reveals the names of individuals providing reference information about an offeror’s past performance; or
Knowingly furnishes source selection information in violation of 3.104 and 41 U.S.C. 2102 and 2107

185
Q

delivery order

A

a contract for supplies that does not procure or specify a firm quantity (other than a min or max) and that provides for the issuance of orders for delivery of supplies during the period of the contract

186
Q

Task-Order Contract

A

a contract for services that does not procure or specify a firm quantity of services (other than a min or max) and that provides for the issuance of order for the performance of tasks during the period of the contract

187
Q

3 Types of indefinite-delivery contracts

A

Definite-quantity contracts
Requirements contracts
Indefinite-quantity contracts

188
Q

why use IDIQ

A

May be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award

All three types permit:
Government stocks to be maintained at minimum levels
Direct shipment to users

Indefinite-quantity/requirements contracts also permit
Flexibility in both quantities and delivery scheduling
Ordering of supplies or services after requirements materialize

Indefinite-quantity - limit the Government’s obligation to the minimum quantity specified in the contract

Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the Government will obtain all of its actual purchase requirements from the contractor

189
Q

Definite quantity

A

Delivery of a definite quantity of specific supplies or services for a fixed period, with deliveries or performance to be scheduled at designated locations upon order

Use when it can be determined in advance:
A definite quantity of supplies or services will be required during the contract period and
The supplies or services are regularly available or will be available after a short lead time

190
Q

requirements contract

A

Provides for filling all actual purchase requirements of designated Government activities for supplies or services during a specified contract period (from one contractor), with deliveries or performance to be scheduled by placing orders with the contractor
Solicitation and contract shall state a realistic estimated total quantity
Does not mean that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal
Contract shall state, if feasible, the maximum limit of the contractor’s obligation to deliver and the Government’s obligation to order
May also specify maximum or minimum quantities that the Government may order under each individual order and the maximum that it may order during a specified period of time

Use when:
Acquiring any supplies/services when the Government anticipates recurring requirements but cannot predetermine the precise quantities of supplies or services that designated Government activities will need during a definite period
No requirements contract in an amount estimated to exceed $112 million (including all options) may be awarded to a single source unless a determination is executed in accordance with FAR 16.504(c)(1)(ii)(D)

191
Q

IDIQ contract

A

Provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period
The Government places orders for individual requirements
The Government should use market research to determine reasonable maximum quantity

Solicitation/Contract must:
Require an order of the stated minimum quantity
This quantity must be more than a nominal quantity but it should not exceed the amount that the Government is fairly certain to order
State Max and min quantities per order or for a specific period
Specify contract period, including the number of options
Include SOW, PWS,
State ordering procedures

Use when:
Government cannot predetermine, above a specified min, the quantities it requires
Recurring need is anticipated

192
Q

multiple award

A

FAR part 16
The CO must, to the maximum extent practicable, give preference to making multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources

The CO must:
Determine whether multiple awards are appropriate and appropriately document file
Avoid situations in which awardees specialize exclusively in one or a few areas within the statement of work – leading to sole source awards

The CO must not use Multiple Awards if:
Only one contractor is capable because the supplies or services are unique or highly specialized
More favorable terms and conditions, including pricing, will be provided if a single award is made
The cost of administration outweighs the benefits
Projected orders are integrally related that only a single contractor can reasonably perform the work
Total estimated contract value is less than the SAT
Not in the best interests of the Government

No task or delivery order contract in an amount estimated to exceed $112 million (including all options) may be awarded to a single source unless determined by agency head in writing

193
Q

Fair opportunity

A

CO must provide each awardee a fair opportunity to be considered for each order exceeding $3,500

CO may exercise broad discretion in developing ordering procedures
Submission requirements should be kept minimum
May use streamlined procedures, including oral presentations

The competition requirements in Part 6 and the policies in Subpart 15.3 do not apply to the ordering process. However, the contracting officer must
Develop procedures that will provide each awardee a fair opportunity and that reflect the requirement and the contracting environment
Not use any method that would not result in fair consideration being given to all awardees (designation of preferred awardee)
Tailor procedure to each acquisition
Include procedures in solicitation and the contract; and
Consider price or cost under each order as one of the factors in the selection of the decision

194
Q

exceptions to fair opportunity

A

AFFARS 5316.505 Ordering

(b) Orders under multiple award contracts
(2) See AFFARS 5306.304(a) for the approving officials for a proposed task or delivery order using the fair opportunity exceptions at FAR 16.505(b)(2).
(8) Task and delivery order ombudsman. See AFFARS 5301.91.

AFFARS 5316.505-90 Decentralizing Ordering
CO with overall responsibility for the contract shall:
a) Ensure that adequate control procedures are in place before any orders are authorized; and
b) Exercise oversight of decentralizing ordering throughout the Period of Performance under the contract to ensure that the procedures are followed.

195
Q

why use fair opportunity

A

We want to streamline the acquisition process
CO can significantly reduce procurement lead time by developing simplified and streamlined ordering processes to compete orders amongst the pre-selected qualified MAC IDIQ contract holders.
Many acquisition teams do not capitalize on the flexibility and potential time savings associated with the less formal FAR 16.505 competition strategies
FAR and its supplements do not contain more specific guidance or information
Teams spend valuable time, money and resources using formal FAR 15.3 source selection
Acquisition community is comfortable with FAR 15.3 source selection procedures

196
Q

how fair opportunity works

A

MAC IDIQ contract is awarded using FAR 15.3 Source Selection Procedures
Government can conduct fair opportunity competitions against a MAC IDIQ as long as:
Requirement is within scope of the IDIQ and
Cumulative value of all orders doesn’t exceed the maximum value of the MAC IDIQ

The CO documents the chosen fair opportunity competition processes within the MAC IDIQ Ordering Procedures and includes the ordering procedures within the basic MAC IDIQ contract
The subsequent fair opportunity solicitations, called the Fair Opportunity Proposal Requests (FOPRs), may also contain a description or clarification of the competitive processes that will be followed to compete a given order
Fair Opportunity Decision Authority (FODA) and Clearance Approval Authority (CAA) will review the proposed fair opportunity processes via Acquisition Plan/Acquisition Strategy Panels and business/contract clearance reviews for each order, as applicable.

197
Q

best value continuum

A

An agency can obtain best value in negotiated acquisitions by using any one or a combination of source selection approaches. In different types of acquisitions, the relative importance of cost or price may vary. For example, in acquisitions where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection. The less definitive the requirement, the more development work required, or the greater the performance risk, the more technical or past performance considerations may play a dominant role in source selection.
cost factors more important- LPTA
technical/past performance more important - tradeoff

198
Q

VATEP

A

Value Adjusted Total Evaluated Price (VATEP)
Type of Tradeoff Methodology
Monetizes and Mechanizes the Trade Space
RFP identifies percentage or dollar amount assigned to valued requirements (resulting in downward adjustment to Price)
Enables offerors to determine if additional cost of offering better performance will give them better position in the SS
Does not have to monetize all the trade space
If all trade space is monetized, Source Selection DECISION will function like LPTA
SSA uses NO subjective judgement in making award decision
Tradeoff consideration is valued/accounted for during EVALUATION (by pre-determined formula/calculation)

199
Q

when is VATEP appropriate

A

“When Government customer wishes to optimally balance price and performance/capability above minimum, or threshold, requirements to maximize the achievement of program objectives.”
(1 April 2016 DoD SS Procedures)

When the Agency has True Discriminators
When the Agency clearly Understands the Relative Importance and Prioritization of Requirements
When Operational Benefits of Above-Minimum Capability are known and measureable
When Technology is Currently Available
When Technology is Affordable

200
Q

SSA responsiblities

A 
Source selection authoirty
approves SS plan
appoint SSEB and SSAC charis
established realistic schedules
limities senior leader roles
documents the decision
selects best value source
201
Q

SSAC

A

source selection advisory council

COSG Limited (1 decks)

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