Part 1 Authority, Legal, Rats., and Clearance Flashcards
Delegates To Appoint CO’s to SCO
HCA delegates down to SCO in order to appoint COs
DAFFARS 5301
3 Types of Contracting
Enterprise, Operational, and PEO
Enterprise
Supply Chain Management and Sustainment
Operational
Installation Needs
PEO (Program Executive Office)
Major Weapons Systems and PEO Portfolios
Legal Review Threshold
J&As >=$750k
Operational: Solicitations, amendments, orders that require negotiation, orders under BPA est under FSS ——– >=$3M
J&A Legal Review
Over $750K
Legal Review Required
Always before Clearance, Solicitations and Amendments, Contract actions and awards, ratifications, disputes, terminations, Protests, SSD, and Orders under ID/IQs
Who is Head of Contracting Activity and Deputy Assistant Secretary of Contracting
Maj. Gen Alice Trevino
Unauthroized Commitment
Non-binding agreement……an agreement that is not binding solely because the Government rep who made it lacked the authority to enter into that agreement on behalf of the Government.
What is a Ratification
Approving the unauthorized committment
Ratification Approval Authority Threshold
Below SAT – COCO (Strub)
Over SAT – SCO (Fountain)
Limitations on Ratifications
Governement Benefited, Ratifying Official has authority, Action would have been proper, price is fair and reasonable; CO recommends payment and legal concurs, funds available, IAW agency limitations
Anti-Defiency Act
Prohibits employees from making or authoring an expenditure from, or creating or authorizing an delegation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law
Bona Fide Need
appropriated funds be used only for goods and services for which a need arises during the period that appropriations available for obligation. PURPOSE TIME AMOUNT
Purpose of Clearance
Ensure Actions implement Acq Strategy, Ensure Negotiations, Ensure Documents are consistent with laws, regs, and policies, and independent review and assessment
Purpose of Non-Competitive Business Clearance
Begin negotiations and stay within variance approved by the CAA
Elements of Non-Competitive Business Clearance
Basis for developing negotiation objective, rational for request for variance (dollars), Pre-PNM, PZCAA clearance review and legal review, Model Contract, briefing charts.
Non-competitive Contract Clearance
CAA gives CO approval to award the contract.
You can waive, but if not: Final PNM, PZCAA clearance reviewer and legal comments, final contractual document, and slides
Purpose of Competitive Business Clearance
CAA is approving the release of the solicitation
Competitive Business Clearance Elements
PZCAA reviewer and legal reviewrs comments, ensure L&M implement Acq Strategy, ensure correct clauses.
Competitive Contract Clearance (No Discussions)
CAA recommending to SSA to award
Competitive Contract Clearance (With Discussions)
(1st) CAA recommending to SSA to send out Final Proposal Revisions (FPR) request, ensure all discussions issues have been addressed by EN’s. (2nd) after receipt and evaluation of FPRs and making recommendation to award the BEST VALUE DECISION (documents include: final contract doc, pricing and legal comments and signatures, clearance review, etc.)
What does the SSA look for when determining award?
Best Value Decision (greatest overall benefit to the government)
What does an unauthorized commitment result in?
Anti-Deficiency Act
Steps to a Ratification
- Unauthorized commitment occurs
- Results in anti-deficiency
- CO conducts fact finding and prepare documentation
- Go through limitations to Ratifications
- Request approval by appropriate authority
What is a Determination & Findings?
Written approval by an authorized official as a prerequisite to a contract action.
What is a determination?
Conclusion supported by findings
What is a finding?
Statement of fact
