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CON 3910 FLASHCARDS (PUBLIC) > Plan Negotiations > Flashcards

Plan Negotiations Flashcards

1
Q

What are the three types of formal exchanges between the Government and industry when using FAR Part 15?

A

The three types of formal exchanges are Clarifications, Communications, and Discussions.

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2
Q

What opportunity may be given to offerors if an award will be made without conducting discussions?

A

Offerors may be given the opportunity to clarify certain aspects of proposals.

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3
Q

Can offerors respond to identified weaknesses or deficiencies during clarifications?

A

No, offerors are not given an opportunity to respond to identified weaknesses or deficiencies or revise their proposals during clarifications.

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4
Q

What should be documented if the Government determines it is necessary to conduct discussions after stating it would award without discussions?

A

The rationale for conducting discussions must be documented in the contract file.

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5
Q

What must be documented when conducting clarifications with offerors?

A

Clarifications must be documented through the transmittal of Evaluation Notices (EN) to the applicable offeror, clearly indicating that the type of exchange is ‘Clarification.’

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6
Q

Under what conditions can award be made without discussions?

A

Award may be made without discussions if the solicitation states that the Government intends to evaluate proposals and make award without discussions.

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7
Q

What are clarifications in the context of award without discussions according to FAR 15.306(a)?

A

Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated, allowing offerors to clarify certain aspects of proposals or resolve minor errors.

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8
Q

How may communications be considered in the proposal evaluation process?

A

Such communications may be considered in rating proposals for the purpose of establishing the competitive range.

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9
Q

What is the purpose of communications regarding adverse past performance information?

A

Such communications shall address adverse past performance information to which an offeror has not had a prior opportunity to respond.

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10
Q

What should communications not be used for in relation to proposals?

A

Such communications shall not be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the proposal.

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11
Q

When may communications be conducted with offerors regarding their inclusion in the competitive range?

A

Communications may only be held with those offerors whose exclusion from, or inclusion in, the competitive range is uncertain.

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12
Q

What are the permissible purposes of communications in the evaluation process?

A

Communications may be conducted to enhance Government understanding of proposals, allow reasonable interpretation of the proposal, or facilitate the Government’s evaluation process.

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13
Q

With whom shall communications be held if past performance information prevents an offeror from being placed within the competitive range?

A

Communications shall be held with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range.

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14
Q

What are communications in the context of establishing the competitive range after receipt of proposals?

A

Communications are exchanges between the Government and offerors that occur after receipt of proposals, leading to the establishment of the competitive range.

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15
Q

What must the RFP state regarding the competitive range?

A

The RFP must clearly state that the Government reserves the right to limit the competitive range for the purposes of efficiency.

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16
Q

What is the purpose of communications regarding the competitive range?

A

The purpose of communications is to address issues that must be explored to determine whether a proposal should be placed in the competitive range, without providing an opportunity for the offeror to revise its proposal.

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17
Q

What factors does the contracting officer consider when determining the competitive range?

A

The contracting officer considers ambiguities in the proposal, relevant past performance information, and adverse past performance information that the offeror has not previously had an opportunity to comment on.

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18
Q

What is required of the contracting officer after eliminating an offeror from the competitive range?

A

The contracting officer must notify the offeror immediately of its elimination from the competitive range and must make the written notification.

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19
Q

How should the contracting officer make the competitive range determination?

A

The contracting officer should make the competitive range determination using prudent business judgment based on the specifics of the initial evaluation results.

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20
Q

What is the first step in the Source Selection Proposal Evaluation Process?

A

Offeror Proposals enter the evaluation stage and are vetted through evaluation factors.

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21
Q

What leads to the Best Value Decision in the Source Selection Proposal Evaluation Process?

A

The final evaluation briefing.

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22
Q

What types of risks are evaluated during the Source Selection Proposal Evaluation Process?

A

Strengths, deficiencies, weaknesses, and ratings.

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23
Q

What occurs after the initial evaluation in the Source Selection Proposal Evaluation Process?

A

The process may continue with or without discussions based on the evaluation results and the solicitation’s terms.

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24
Q

What is included in the discussions phase of the Source Selection Proposal Evaluation Process?

A

Competitive range determination and final proposal.

25
Q

What is the purpose of negotiations in a contracting environment?

A

Negotiations are exchanges between the Government and offerors that allow the offeror to revise its proposal and may include bargaining on various terms.

26
Q

What are discussions in the context of competitive contracting?

A

Discussions are exchanges in a competitive environment that allow the offeror to revise its proposal, taking place after the establishment of the competitive range.

27
Q

When do discussions occur in the contracting process?

A

Discussions occur after the establishment of the competitive range.

28
Q

Who conducts discussions with offerors within the competitive range?

A

Discussions must be conducted by the contracting officer with each offeror within the competitive range.

29
Q

What does bargaining in negotiations involve?

A

Bargaining includes persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.

30
Q

What may the Government negotiate with offerors regarding technical solutions exceeding mandatory minimums?

A

The Government may negotiate for increased performance beyond any mandatory minimums and suggest that proposals would be more competitive if excesses were removed and the offered price decreased.

31
Q

What documentation is required if the SSA chooses to award a contract without discussions?

A

The SSEB must document its final evaluation results in an SSEB report, the SSAC must document its comparative analysis in an SSAC report, and the SSA must prepare the source selection decision document (SSDD).

32
Q

Is the contracting officer required to discuss every area where a proposal could be improved?

A

No, the contracting officer is not required to discuss every area where the proposal could be improved

33
Q

What must the contracting officer indicate to each offeror still being considered for award?

A

The contracting officer must indicate deficiencies, significant weaknesses, and adverse past performance information to which the offeror has not yet had an opportunity to respond.

34
Q

What is the primary objective of discussions in the contracting process?

A

The primary objective of discussions is to maximize the Government’s ability to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation.

35
Q

What happens if an offeror originally in the competitive range is no longer considered among the most highly rated offerors?

A

That offeror may be eliminated from the competitive range whether or not all material aspects of the proposal have been discussed.

36
Q

What is the purpose of clarifications in the proposal evaluation process?

A

To clarify certain aspects of the proposal.

37
Q

When are discussions held with offerors in the competitive range?

A

After establishment of the competitive range.

38
Q

When is it contemplated to award without discussions?

A

When awarding WITHOUT discussions is contemplated.

39
Q

What is the purpose of discussions/negotiations with offerors?

A

To enhance the Government’s understanding of the proposal by addressing issues that must be explored to allow a reasonable interpretation of the offeror’s proposal.

40
Q

What is the purpose of allowing offerors to revise their proposals?

A

To allow offerors to revise their proposals.

41
Q

What is the relevance of past performance information in proposal evaluation?

A

The relevance of past performance information includes identifying all evaluated deficiencies, significant weaknesses, and any past performance information to which the offeror has not yet had the opportunity to respond.

42
Q

When do discussions take place in the contracting process?

A

Discussions take place after the establishment of the competitive range.

43
Q

What is the purpose of communications conducted by the contracting officer during the proposal evaluation process?

A

To enhance Government understanding of proposals, allow reasonable interpretation of the proposal, or facilitate the Government’s evaluation process.

44
Q

Can the contracting officer limit the number of proposals in the competitive range to enhance efficient competition among the most highly rated proposals?

A

True

45
Q

What does FAR 15.406-3 require regarding the documentation of negotiations?

A

FAR 15.406-3 requires the contracting officer to document the principal elements of the negotiated agreement in the contract file.

46
Q

When must the contracting officer establish pre-negotiation objectives?

A

Before the negotiation of any pricing action.

47
Q

What should the documentation of negotiations include according to FAR 15.406-3(a)?

A

The documentation should include the purpose of the negotiation, a description of the acquisition, the names and positions of representatives, and the current status of contractor systems that affected the negotiation.

48
Q

What is the purpose of pre-negotiation objectives according to FAR 15.406-1?

A

Pre-negotiation objectives establish the Government’s initial negotiation position and assist in determining a fair and reasonable price.

49
Q

What factors should the contracting officer consider when establishing pre-negotiation objectives?

A

The contracting officer should consider the offeror’s proposal analysis, field pricing assistance, audit reports, technical analysis, fact-finding results, independent Government cost estimates, and price histories. Additionally, consider the most significant facts or considerations controlling the establishment of the pre-negotiation objectives and the negotiated agreement, including any significant differences between the two positions.

50
Q

What impact should be discussed when direction is given by Congress or higher-level officials?

A

A discussion and quantification of the impact of direction given by Congress, other agencies, and higher-level officials should be included if it has a significant effect on the action.

51
Q

What documentation is necessary for fair and reasonable pricing?

A

Documentation necessary for fair and reasonable pricing includes cost or price analysis, field pricing assistance, and any other relevant data that supports the determination of a fair and reasonable price.

52
Q

What should be included in the summary when determining a fair and reasonable price based on price analysis?

A

The summary shall include the source and type of data used to support the determination.

53
Q

What is required if certified cost or pricing data is not needed for a price negotiation?

A

The exception used and the basis for it must be documented.

54
Q

What should be included in the summary when determining a fair and reasonable price based on cost analysis?

A

The summary shall address each major cost element.

55
Q

What must be documented when certified cost or pricing data is used in negotiating a price?

A

A summary of the contractor’s proposal, field pricing assistance recommendations, the Government’s negotiation objective, and the negotiated position must be documented.

56
Q

What should a Pre-Negotiation Memorandum (PNM) include?

A

A PNM should include the purpose of the negotiation, a summary of the contractor’s proposal, the Government’s negotiation objectives, and the negotiated agreement.

57
Q

What does FAR 13.106-3(b) state regarding documentation when awarding contracts?

A

It states to keep documentation to a minimum, emphasizing efficiency while ensuring compliance with necessary regulations.

58
Q

What is the purpose of the pre-negotiation objective in contract negotiations?

A

It assists in the contracting officer’s determination of a fair and reasonable price.

CON 3910 FLASHCARDS (PUBLIC) (14 decks)

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