Manage Subcontracts and Close Out Contracts Flashcards
1
Q
What job tasks are included in the DoD Contracting Competency Model?
A
The model includes managing subcontracts, determining supply chain requirements (Seller), and issuing subcontracts (Buyer).
2
Q
What is the definition of a subcontract according to FAR 19.701?
A
A subcontract is any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor.
3
Q
What is the Government’s policy regarding small business opportunities in acquisitions as stated in FAR 19.201?
A
The Government’s policy is to provide maximum practicable opportunities in its acquisitions to small businesses.
4
Q
What must contractors agree to regarding small business participation according to FAR 19.702?
A
Contractors must agree that small business concerns will have the maximum practicable opportunity to participate in the contract.
5
Q
What is the role of the Small Business Administration (SBA) according to FAR subpart 19.2?
A
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.
6
Q
What is the requirement for small business concerns in contracts awarded by executive agencies?
A
They must have the maximum practicable opportunity to participate as subcontractors in the contracts awarded.
7
Q
What types of small business concerns are mentioned in relation to subcontracting opportunities?
A
VOSB, SDVOSB, HUBZone small business, SDB, and WOSB concerns.
8
Q
What role does the SBA play in relation to subcontracting plans as per FAR 19.707(a)?
A
The SBA may assist both Government agencies and contractors in carrying out their responsibilities with regard to subcontracting plans.
9
Q
What types of businesses can represent themselves as eligible subcontractors under the Small Business Subcontracting Program according to FAR 19.703?
A
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).
10
Q
What is the SBA not authorized to do according to FAR 19.707(a)?
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.
11
Q
What must be done within 5 working days before executing a negotiated contractual document requiring a subcontracting plan?
A
The document must be reviewed and recommendations submitted to the contracting officer.
12
Q
What is the threshold amount for contracts that require a subcontracting plan according to FAR 19.702?
A
$750,000 for most contracts and $1.5 million for construction contracts.
13
Q
How should compliance with subcontracting plans be evaluated?
A
Compliance should be evaluated either on a contract-by-contract basis or on an aggregate basis for contractors with multiple contracts.
14
Q
What does FAR 19.702 prescribe regarding subcontracting?
A
It prescribes the extent to which any contractor or subcontractor shall subcontract.
15
Q
What categories are included in the separate percentage goals for subcontractors?
A
SB, VOSB, SDVOSB, HUBZone small business, SDB (including ANCs & Indian tribes), and WOSB concerns.
16
Q
What must the apparently successful offeror or bidder submit to be eligible for award?
A
An acceptable subcontracting plan.
17
Q
What happens if the apparently successful offeror fails to negotiate an acceptable subcontracting plan?
A
The offeror will be ineligible for award.
18
Q
According to FAR 19.704, what should each subcontracting plan include?
A
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.
19
Q
What efforts will the offeror make to ensure equitable opportunities for small business categories?
A
A description of the efforts the offeror will make to ensure that each SB category has an equitable opportunity to compete for subcontracts.
20
Q
What is the method used to identify potential sources for solicitation purposes?
A
A description of the method used to identify potential sources for solicitation purposes.
21
Q
What assurances must the offeror provide regarding timely payments to small business subcontractors?
A
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.
22
Q
What information must be provided about the individual administering the offeror’s subcontracting program?
A
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.
23
Q
What assurances must the contractor provide regarding subcontractor discussions with the contracting officer?
A
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.
24
Q
Is a small business required to submit a subcontracting plan if selected for award?
A
No, a small business is not required to submit a subcontracting plan if selected for award.
25
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.
26
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.
27
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.
28
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.
29
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.
30
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.
31
Is bundling a subset of consolidation?
True
32
What should be included in the subcontracting plan as an evaluation factor?
Proposed small business subcontracting participation
33
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.
34
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.
35
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.
36
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.
37
Can Government representatives be invited to postaward conferences with subcontractors?
Yes, the prime contractor may invite Government representatives to a conference with subcontractors.
38
What action can be initiated for noncompliance with the subcontracting plan?
Action can be initiated to assess liquidated damages for noncompliance.
39
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.
40
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.
41
Under what circumstances may a prime contractor need to ask for the Government's consent to subcontract?
Based on statute, regulation, or contractual agreement.
42
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.
43
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.
44
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.
45
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.
46
What types of subcontracts may require consent if identified by the contracting officer?
Subcontracts for critical systems, subsystems, components, or services may require consent.
47
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.
48
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.
49
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.
50
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.
51
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.
52
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.
53
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.
54
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.
55
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.
56
When should a contracting officer initiate the closeout of a contract?
A contracting officer should not initiate closeout of a contract until after receiving evidence of that contract's physical completion.
57
What is the time frame for closing files for contracts after receiving evidence of physical completion?
Files for all other contracts should be closed within 20 months of the month in which the contracting officer receives evidence of physical completion.
58
Under what circumstances should a contract file not be closed according to FAR 4.804-1(c)?
A contract file shall not be closed if the contract is in litigation or under appeal, or in the case of a termination, if all termination actions have not been completed.
59
What criteria must be met for a contract to be considered physically complete according to FAR 4.804-4?
A contract is considered physically complete when the contractor has completed all required deliveries and/or performed all services, and these services and/or items have been accepted by the Government. Additionally, if the contract has options, all options must have also expired.
60
What must the contract administration office do regarding contract funds status according to FAR 4.804-5(a)?
The contract administration office must review the contract funds status and notify the contracting office of any excess funds that might be deobligated.
61
What are some of the actions that must be completed during administrative closeout procedures as per FAR 4.804-5(a)?
Actions include ensuring disposition of classified material, clearing final patent and royalty reports, settling subcontracts, completing price revisions, and conducting contract audits.
62
What must be prepared by the contracting officer after verifying administrative closeout actions according to FAR 4.804-5(b)?
A DD Form 1594, Contract Completion Statement must be prepared.
63
What is the purpose of the DD Form 1597 in the contract closeout process?
The DD Form 1597 obtains statements from other organizational elements that they have completed closeout actions for which they are responsible.
64
Where should a signed copy of a closed contract be placed if administration is performed by a contract administration office?
A signed copy should be placed in the appropriate contract administration file.
65
What must contracting officers prepare for contracts valued above the simplified acquisition threshold according to FAR 4.804-5 (c)?
Contracting officers must prepare a DD Form 1597, Contract Closeout Check List.
66
What must be done with the signed original of a closed contract according to the guidelines?
The signed original is placed in the contracting office contract file.
67
According to FAR 4.805(a), in what types of media can a closed contract awaiting disposition be archived?
A closed contract can be archived in all types of media, including microfilm and various electronic media.
68
According to FAR 4.805(c), how long are contracts retained in holding or staging after final payment?
Contracts sent to holding or staging will be retained for a total of 6 years after final payment.
69
What is the required retention period for contract files after completion according to DFARS 204.805(3)?
Contract files must be held for a period of 12 months after completion.
70
What form must Contracting Officers complete for contracts?
Contracting Officers must complete a DD Form 1597 for contracts.
71
What happens to contract records after the initial 12-month retention period?
After the initial 12-month period, records should be sent to the local records holding or staging area until they are eligible for destruction.
72
What type of contract qualifies for the automated closeout process according to DFARS PGI 204.804-3?
A contract qualifies for the automated closeout process if it is firm-fixed priced.
73
What is quick-closeout according to FAR 42.708(a)?
Quick-closeout is when the contracting officer negotiates the settlement of direct and indirect costs for a specific contract, task order, or delivery order to be closed, in advance of the determination of final direct costs and indirect rates.
74
What types of contracts can be subject to quick-closeout?
Quick-closeouts may be completed for cost reimbursement, time and material, labor hour, fixed-price incentive, and fixed-price redeterminable contracts, task orders, and delivery orders.
75
What are the conditions under which a contracting officer may execute a quick-closeout?
A quick-closeout may be executed if the total contract value does not exceed $500,000 (inclusive of exercised options) and does not contain a provision requiring administrative action at closeout.
76
What is the maximum amount of unsettled direct and indirect costs that can be considered relatively insignificant for a contract, task order, or delivery order according to CD 2019-O0009?
$2 million
77
What is required for a contracting officer to initiate and execute the closeout action?
Agreement on a reasonable estimate of allocable dollars
78
What must a contracting officer perform to determine if the quick-closeout procedure is appropriate?
A risk assessment
79
What is it called when the CO/KO responsible for contract closeout negotiates the closeout settlement?
Cost closeout
80
What is the role of a Plant Clearance Officer in the context of government contracts?
A Plant Clearance Officer is the authorized representative of the contracting officer, responsible for screening, redistributing, and disposing of contractor inventory excess to government contracts.
81
Which FAR and DFARS parts provide guidance on dealing with government furnished property?
FAR Part 45 and DFARS Part 245 provide guidance on dealing with government furnished property.
82
What corrective actions must a contractor take if predisposal requirements are not met?
The contractor must correct any failure to complete predisposal requirements of the contract.
83
What may entitle the contractor to an equitable adjustment?
A failure to provide timely disposition instructions may entitle the contractor to an equitable adjustment.
84
What corrective actions must a contractor take if inventory discrepancies are found during verification?
The contractor is required to correct any discrepancies found during verification.
85
What must plant clearance officers verify within 20 days following acceptance of an inventory schedule?
Plant clearance officers must verify, in accordance with agency procedures, accepted schedules within 20 days following acceptance.
86
What is the timeframe for providing disposition instructions for property identified on an acceptable inventory disposal schedule?
Disposition instructions must be provided within 120 days.
87
What are the conditions under which a contractor can return unused property to the supplier?
The contractor can return unused property to the supplier at fair market value and credit the contract if the Government has authorized the contractor to use the property on another Government contract, or if the contractor has requested continued use of the Government property and the contracting officer has authorized its retention and further use.
88
What is the time frame for an equitable adjustment related to property disposition?
An equitable adjustment must be made within 120 days.
89
Who should provide the contractor with disposition instructions for identified property?
A Plant Clearance Officer should provide the contractor with disposition instructions for identified property.
90
What is the only acceptable electronic form for submission of payment requests and receiving reports by contractors to the Government?
Wide Area WorkFlow (WAWF)
91
What type of contracts are vouchers prepared for?
Cost or labor hour type contracts
92
What type of contracts are invoices prepared for?
Fixed priced contracts
93
What are the exceptions for submitting payment requests and receiving reports in electronic form?
Exceptions include classified contracts that could compromise national security, cases where electronic submission is not feasible due to lack of internet connectivity, situations where the DoD cannot receive electronic submissions, instances where the contractor has requested and received permission for non-electronic submission, and when the Governmentwide commercial purchase card is used, requiring only the receiving report to be submitted electronically.
94
What must contractors do with interim vouchers?
Contractors must prepare interim vouchers directly from their cost accounting records and forward them through WAWF to DCAA.
95
What is the role of DCAA in the voucher review process?
DCAA performs analyses and reviews of the contractor's financial and accounting records to evaluate compliance with contract terms and billing instructions before payment.
96
What are interim vouchers in the context of cost type contracts?
Interim vouchers are claims for reimbursement of costs submitted by the contractor during the performance of a cost type contract.
97
What are the key reviews DCAA performs on vouchers prior to payment?
DCAA evaluates compliance with contract terms and billing instructions, reconciles billed costs to accounting records, and verifies that indirect costs are calculated using established provisional billing rates.
98
What is the purpose of the final cost audit completed by DCAA?
The final cost audit is used to reconcile cost type contracts prior to approving the final cost voucher.
99
What must be verified before making a final payment?
The voucher must be properly prepared, which includes being mathematically accurate and containing cumulative costs.
100
Through which system is final payment requested?
Final payment is requested through WAWF.
101
According to FAR 32.904, how should final payment be requested for fixed priced contracts?
Final payment should be requested in the form of a final invoice.
102
What is the due date for making an invoice payment, including final invoice payments?
The due date is the later of two events: the 30th day after the designated billing office receives a proper invoice from the contractor or the 30th day after Government acceptance of supplies delivered or services performed.
103
What is the process for requesting final payment for cost reimbursement contracts according to FAR 42.302?
Requests for final payment will be in the form of a final voucher, determined and approved by the contracting officer or a delegated contract administration office, typically with the assistance of a contract audit by DCAA.
104
According to FAR 28.106-7, can agencies withhold payments to contractors due to nonpayment of subcontractors or suppliers?
No, agencies shall not withhold payments due contractors or assignees because subcontractors or suppliers have not been paid.
105
What happens to excess funds after the final cost determination of a contract?
The administrative contracting officer will deobligate excess funds after the final price/cost determination.
106
What can a contracting officer do if subcontractors or suppliers under a noncommercial contract assert nonpayment?
The contracting officer may determine if the subcontractors or suppliers have not been paid in accordance with the payment terms of the subcontract with the prime contractor.
107
According to FAR 32.112-1, what is the consequence of a contractor failing to submit payrolls promptly?
The contracting officer shall withhold approval of payments due to the contractor.
108
What must a contractor submit within 7 calendar days after the regular payment date of the payroll week covered during a construction contract?
The contractor must submit or cause to be submitted copies of weekly payrolls applicable to the contract and weekly payroll statements of compliance.
109
What action may a contracting officer take if the prime contractor is found not in compliance with payment requirements?
The contracting officer may withhold approval of payments due to the contractor or reduce or suspend progress payments to the contractor.
110
What is the primary system used by the DoD for tracking contractor performance?
The Contractor Performance Assessment Reporting System (CPARS)
111
What does FAR 42.1501 state about past performance information?
According to FAR 42.1501, past performance information, including ratings and supporting narratives, is relevant for future source selection purposes.
112
What are the minimum evaluation factors for CPARS assessments as per FAR 42.1503(b)(2)?
The minimum evaluation factors include technical (quality of product or service), cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements), and schedule/timeliness.
113
What are agencies required to do regarding past performance evaluation according to CPARS?
Agencies shall monitor their compliance with the past performance evaluation requirements and use the CPARS metric tools to measure the quality and timely reporting of past performance information.
114
What is CPARS and its purpose in contracting?
CPARS is the official source for past performance information, relevant for future source selection purposes regarding a contractor’s actions under previously awarded contracts or orders.
115
What are the evaluation thresholds for past performance evaluations according to FAR 42.1502?
Past performance evaluations shall be prepared annually or upon contract completion for management or business relations, small business subcontracting, and other applicable issues for construction contracts of $750,000 or more, any construction contract terminated for default, and architect-engineer services contracts of $35,000 or more.
116
Can past performance evaluations be prepared for construction contracts below $750,000?
Yes, past performance evaluations may also be prepared for construction contracts below $750,000.
117
For which types of contracts are past performance evaluations required?
Past performance evaluations are required for each construction contract of $750,000 or more, each construction contract terminated for default regardless of contract value, and each architect-engineer services contract of $35,000 or more.
118
What is the requirement for evaluating contractor performance according to CD 2013-O00018?
Contractor performance must be evaluated annually or upon contract completion, regardless of the threshold specified at FAR 42.1502(b), 42.1502(c), and 42.1502(d).
119
Can past performance evaluations be prepared for architect-engineer services contracts below $35,000?
Yes, past performance evaluations may also be prepared for architect-engineer services contracts below $35,000.
120
What types of contracts require past performance evaluations if they exceed certain values?
Systems and operations support contracts exceeding $5,000,000
121
How long should the CPARS reporting process take?
The CPARS reporting process should take no longer than 120 days.
122
What happens during the first 30 days after the performance period ends in the CPARS process?
The Assessing Official Rep (AOR) or Assessing Official completes evaluation in CPARS, and the AO forwards the evaluation to the contractor in CPARS.
123
What role does the Contractor's Representative (CR) play in the evaluation process?
The contractor should designate representatives to whom the evaluations will be sent automatically and electronically.
124
Who must be designated as the Assessing Official Representative (AOR)?
The AOR must be a Government employee.
125
What is the function of the Reviewing Official (RO) in the evaluation process?
The RO provides the check-and-balance when there is disagreement between the AO and the contractor and must review and sign the evaluation when the contractor indicates non-concurrence with the evaluation.
126
What is the primary responsibility of the Assessing Official (AO)?
The AO is responsible for contracting or overall program execution and is responsible for preparing, reviewing, signing, and processing the evaluation.
127
What happens if the Contractor Representative (CR) concurs with the evaluation?
If the CR concurs with the evaluation, the Administrative Officer (AO) finalizes the report in CPARS.
128
What steps does the Administrative Officer (AO) take after the contract's period of performance has been completed?
The AO enters the ratings and narratives to reflect the contractor’s performance, reviews the proposed ratings and narratives, signs the evaluation, and sends it to the Contractor Representative (CR).
129
How quickly will the evaluation become available if the Contractor Representative (CR) sends comments within the first 14 days following the AO’s signature date?
The evaluation will become available within 1 day if the CR sends comments within the first 14 days and the AO or RO closes the evaluation.
130
What is the role of the Reviewing Official (RO) if the Contractor Representative (CR) does not concur with the evaluation?
If the CR does not concur with the evaluation, the AO forwards the evaluation to the Reviewing Official (RO), who will provide comments, sign, and close the evaluation.
131
What options does the Contractor Representative (CR) have after receiving the evaluation from the Administrative Officer (AO)?
The CR can provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO.
132
What is the time frame for the Contractor Representative (CR) to review the government's evaluation after the performance period ends?
The Contractor Representative (CR) has up to 60 days to review the government's evaluation.
133
What is required whenever the CR indicates that they do not concur with the AO’s evaluation?
RO comments and signature are required.
134
What happens on day 15 following the AO’s evaluation signature date?
The evaluation becomes available for source selection with or without CR comments and whether or not it has been closed by the AO or RO.
135
What occurs if the CR sends comments prior to 61 days following the AO’s evaluation signature date?
Those comments will be reflected within 1 day.
136
What should the RO do when the AO has sent the evaluation to them for closure?
The RO should provide comments, sign, and close the evaluation.
137
What is the status of the evaluation if no CR comments have been sent and it has not been closed?
It will be marked as 'Pending'.
138
What happens on day 61 following the AO’s evaluation signature date regarding CR comments?
The CR will be 'locked out' of the evaluation and may no longer send comments.
