Manage Subcontracts and Close Out Contracts Flashcards
What job tasks are included in the DoD Contracting Competency Model?
The model includes managing subcontracts, determining supply chain requirements (Seller), and issuing subcontracts (Buyer).
What is the definition of a subcontract according to FAR 19.701?
A subcontract is any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor.
What is the Government’s policy regarding small business opportunities in acquisitions as stated in FAR 19.201?
The Government’s policy is to provide maximum practicable opportunities in its acquisitions to small businesses.
What must contractors agree to regarding small business participation according to FAR 19.702?
Contractors must agree that small business concerns will have the maximum practicable opportunity to participate in the contract.
What is the role of the Small Business Administration (SBA) according to FAR subpart 19.2?
The SBA counsels and assists small business concerns and assists contracting personnel to ensure that a fair proportion of contracts for supplies and services is placed with small business.
What is the requirement for small business concerns in contracts awarded by executive agencies?
They must have the maximum practicable opportunity to participate as subcontractors in the contracts awarded.
What types of small business concerns are mentioned in relation to subcontracting opportunities?
VOSB, SDVOSB, HUBZone small business, SDB, and WOSB concerns.
What role does the SBA play in relation to subcontracting plans as per FAR 19.707(a)?
The SBA may assist both Government agencies and contractors in carrying out their responsibilities with regard to subcontracting plans.
What types of businesses can represent themselves as eligible subcontractors under the Small Business Subcontracting Program according to FAR 19.703?
A concern must represent itself as a Small Business (SB), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), HUBZone small business, Small Disadvantaged Business (SDB), or Women-Owned Small Business (WOSB).
What is the SBA not authorized to do according to FAR 19.707(a)?
The SBA is not authorized to prescribe the extent to which any contractor or subcontractor shall subcontract, specify concerns to which subcontracts will be awarded, or exercise any authority regarding the administration of individual prime contracts or subcontracts.
What must be done within 5 working days before executing a negotiated contractual document requiring a subcontracting plan?
The document must be reviewed and recommendations submitted to the contracting officer.
What is the threshold amount for contracts that require a subcontracting plan according to FAR 19.702?
$750,000 for most contracts and $1.5 million for construction contracts.
How should compliance with subcontracting plans be evaluated?
Compliance should be evaluated either on a contract-by-contract basis or on an aggregate basis for contractors with multiple contracts.
What does FAR 19.702 prescribe regarding subcontracting?
It prescribes the extent to which any contractor or subcontractor shall subcontract.
What categories are included in the separate percentage goals for subcontractors?
SB, VOSB, SDVOSB, HUBZone small business, SDB (including ANCs & Indian tribes), and WOSB concerns.
What must the apparently successful offeror or bidder submit to be eligible for award?
An acceptable subcontracting plan.
What happens if the apparently successful offeror fails to negotiate an acceptable subcontracting plan?
The offeror will be ineligible for award.
According to FAR 19.704, what should each subcontracting plan include?
Separate percentage goals for each small business category, total dollars planned to be subcontracted, a description of principal types of supplies and services to be subcontracted, and a description of the method used to develop the subcontracting goals.
What efforts will the offeror make to ensure equitable opportunities for small business categories?
A description of the efforts the offeror will make to ensure that each SB category has an equitable opportunity to compete for subcontracts.
What is the method used to identify potential sources for solicitation purposes?
A description of the method used to identify potential sources for solicitation purposes.
What assurances must the offeror provide regarding timely payments to small business subcontractors?
Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor.
What information must be provided about the individual administering the offeror’s subcontracting program?
The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.
What assurances must the contractor provide regarding subcontractor discussions with the contracting officer?
Assurances that the contractor will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor.
Is a small business required to submit a subcontracting plan if selected for award?
No, a small business is not required to submit a subcontracting plan if selected for award.
What are the conditions under which a subcontracting plan must be submitted by the apparently successful offeror or bidder selected for award?
A subcontracting plan must be submitted if the contract is expected to exceed $750,000 or if the potential contract has subcontracting possibilities.
What is bundling in the context of contracting?
Bundling occurs when two or more requirements for supplies or services, previously provided under separate smaller contracts, are consolidated into a solicitation for a single contract or order that is likely unsuitable for award to a small business concern.
What is the definition of consolidation in contracting?
Consolidation means a solicitation for a single contract or order to satisfy two or more requirements for supplies or services that have been provided under two or more separate contracts.
What does FAR 15.304(c)(4) require for solicitations involving consolidation or bundling?
FAR 15.304(c)(4) requires that for solicitations not set aside for small business concerns, involving consolidation or bundling that offer a significant opportunity for subcontracting, the contracting officer must ensure that small businesses have the opportunity to participate.
What must contracting officers do regarding consolidation or bundling actions according to FAR 2.101?
Contracting officers must be able to identify and, when necessary, justify any consolidation or bundling action.
Under what conditions do consolidation and bundling not apply?
Consolidation and bundling do not apply to contracts that will be awarded and performed entirely outside of the United States.
Is bundling a subset of consolidation?
True
What should be included in the subcontracting plan as an evaluation factor?
Proposed small business subcontracting participation
What actions must the contracting officer take after the award of a contract containing a subcontracting plan according to FAR 19.705-6?
The contracting officer must notify the SBA of the award, provide a copy of the subcontracting plan to the SBA procurement center representative (PCR), and notify the SBA PCR of the opportunity to review subcontracting plans in connection with contract modifications.
What must the contracting officer review prior to award according to FAR 19.705-4?
The contracting officer must review the subcontracting plan for adequacy, ensuring that the required information, goals, and assurances are included.
Who is generally responsible for conducting postaward conferences with subcontractors according to FAR 42.505?
The prime contractor is generally responsible for conducting postaward conferences with subcontractors.
What action must be taken regarding subcontracting plans according to FAR 42.505?
A copy of each plan, or a determination that there is no requirement for a subcontracting plan, must be forwarded to the cognizant contract administration office.
Can Government representatives be invited to postaward conferences with subcontractors?
Yes, the prime contractor may invite Government representatives to a conference with subcontractors.
What action can be initiated for noncompliance with the subcontracting plan?
Action can be initiated to assess liquidated damages for noncompliance.
What must Government representatives recognize regarding the relationship between the Government and subcontractors?
Government representatives must recognize the lack of privity of contract between the Government and subcontractors.
What is one of the responsibilities of Government representatives concerning the prime contractor’s subcontracting plan?
Government representatives must monitor the prime contractor’s compliance with its subcontracting plan.
Under what circumstances may a prime contractor need to ask for the Government’s consent to subcontract?
Based on statute, regulation, or contractual agreement.
What must prime contractors ensure regarding changes in direction or commitment from a subcontractor conference?
They must ensure that any changes are made by written direction of the contracting officer to the prime contractor.
What does ‘Consent to subcontract’ mean according to FAR 2.101?
It means the contracting officer’s written consent for the prime contractor to enter into a particular subcontract.
Under what circumstances may a contracting officer require consent for subcontracts?
A contracting officer may require consent if they determine that an individual consent action is needed to protect the Government due to the subcontract type, complexity, value, or need for special surveillance.
What is required if a contractor has an approved purchasing system regarding subcontracts?
Consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract.
What types of subcontracts may require consent if identified by the contracting officer?
Subcontracts for critical systems, subsystems, components, or services may require consent.
What is required if a contractor does not have an approved purchasing system?
Consent to subcontract is required for cost-reimbursement, time-and-materials, labor-hour, or letter contracts, and for unpriced actions that exceed the simplified acquisition threshold.
What must a contractor do if they do not have an approved purchasing system under cost-reimbursement contracts?
The contractor is required by statute to notify the contracting officer before the award of any contract that exceeds the greater of the Simplified Acquisition Threshold (SAT) or 5 percent of the total estimated cost of the contract.
What types of subcontracts require notification to the contracting officer if they exceed the SAT or 5 percent of the total estimated cost?
Cost-reimbursement, time-and-materials, labor-hour subcontracts, and fixed-price subcontracts that exceed the greater of the SAT or 5 percent of the total estimated cost of the contract.
When is consent to subcontract required if the contractor does not have an approved purchasing system?
Consent to subcontract is required for cost-reimbursement contracts and time-and-materials contracts.
What is the purpose of documentation in completed Government contract files according to FAR 4.801(b)?
The documentation shall be sufficient to constitute a complete history of the transaction for informed decisions, supporting actions, and providing information for reviews and investigations.
What is the closing timeline for contracts requiring settlement of indirect cost rates?
Files for contracts requiring settlement of indirect cost rates should be closed within 36 months of the month in which the contracting officer receives evidence of physical completion.
When should files for contracts using simplified acquisition procedures be considered closed?
Files for contracts using simplified acquisition procedures should be considered closed when the contracting officer receives evidence of receipt of property and final payment, unless otherwise specified by agency regulations.
How long must contractors make records available after final payment according to FAR 4.703(a)(1)?
Contractors must make records available for 3 years after final payment.
What is the timeline for closing files for firm-fixed-price contracts?
Files for firm-fixed-price contracts should be closed within 6 months after the date on which the contracting officer receives evidence of physical completion.