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CON 3910 FLASHCARDS (PUBLIC) > Request Offers > Flashcards

Request Offers Flashcards

1
Q

What is a key restriction for contracting officers when soliciting quotations?

A

Contracting officers must not solicit quotations based on personal preference.

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2
Q

What must contracting officers consider when executing acquisition and solicitation plans?

A

Contracting officers must consider competition requirements for various contracting procedures.

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3
Q

What are Simplified Acquisition Procedures and which FAR part governs them?

A

Simplified Acquisition Procedures are governed by FAR part 13 and are not subject to certain requirements.

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4
Q

What public display and synopsis requirements must contracting officers comply with according to FAR 13.105?

A

FAR 13.105 requires compliance with the public display and synopsis requirements of FAR 5.101 and FAR 5.203, unless an exception in FAR 5.202 applies.

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5
Q

What must contracting officers use while publicizing each action as provided by FAR part 5?

A

Contracting officers should use the appropriate competitive procedure (FAR 6.102) while publicizing each action.

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6
Q

Which FAR part applies to Sealed Bidding and Contracting by Negotiation?

A

FAR part 6 applies to Sealed Bidding (FAR part 14) and Contracting by Negotiation (FAR part 15).

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7
Q

What does FAR subpart 6.3 prescribe?

A

Policies and procedures for contracting without providing for full and open competition.

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8
Q

What are the circumstances that do NOT allow limiting competition according to FAR 6.301(c)?

A

Lack or advance planning or concerns related to the amount of funds available to the agency.

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9
Q

What is the first circumstance permitting other than full and open competition?

A

Only one responsible source and no other supplies or services will satisfy agency requirements.

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10
Q

What are some socio-economic goals supported by excluding sources?

A

Set-asides for small business concerns, Section 8(a) competition, HUBZone small businesses, Service-Disabled Veteran-Owned small businesses, Economically Disadvantaged Women-Owned small business concerns, or women-owned small business concerns.

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11
Q

What is one use of excluding sources in contracting?

A

To establish or maintain alternate sources to support future competition, for national security, or other important supply chain interests.

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12
Q

How many statutory authorities permit contracting without full and open competition?

A

Seven statutory authorities.

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13
Q

What constitutes unusual and compelling urgency in contracting?

A

Unusual and compelling urgency exists when the agency’s need for supplies or services is so urgent that the Government would be seriously injured unless it is permitted to limit the number of sources from which it solicits bids or proposals.

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14
Q

How does national security affect competition requirements in contracting?

A

Full and open competition is not required when disclosing the agency’s needs would compromise national security, allowing the agency to limit the number of sources solicited.

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15
Q

What statutory conditions can exempt an acquisition from full and open competition?

A

An acquisition can be exempt from full and open competition when a statute expressly authorizes or requires that it be made through another agency or from a specified source.

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16
Q

When is full and open competition not required for DoD, NASA, and the Coast Guard?

A

Full and open competition is not required when there is only one responsible source or a limited number of responsible sources that can satisfy agency requirements.

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17
Q

Under what circumstances can full and open competition be waived for industrial mobilization?

A

Full and open competition can be waived when it is necessary to award the contract to a particular source to maintain a facility or supplier available for national emergency or to achieve industrial mobilization.

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18
Q

What determines if an acquisition is not in the public interest?

A

The agency head determines that full and open competition is not in the public interest for the particular acquisition concerned.

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19
Q

When is full and open competition not required due to international agreements?

A

Full and open competition is not required when precluded by the terms of an international agreement or treaty between the United States and a foreign government or organization.

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20
Q

What does FAR 15.201 state about exchanges of information?

A

FAR 15.201 states that exchanges of information among all interested parties, from the earliest identification of a requirement through receipt of proposals, are encouraged.

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21
Q

What can early exchanges of information among industry and acquisition participants help identify?

A

Concerns regarding the acquisition strategy, feasibility of the requirement, suitability of proposal instructions, availability of reference documents, and other industry concerns.

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22
Q

What are some techniques to promote early exchanges of information in government acquisition?

A

Industry or small business conferences, public hearings, market research, and one-on-one meetings with potential offerors.

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23
Q

What is the purpose of exchanging information with industry before receipt of proposals in government acquisition?

A

To improve the understanding of Government requirements and industry capabilities.

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24
Q

What is a common technique for refining terms and conditions in the contracting process?

A

Allowing interested parties a preview of an upcoming RFP with an opportunity to provide specific feedback.

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25
Q

What is the purpose of having a confidential meeting with potential offerors before a solicitation?

A

To allow for more candid discussion and provide the Government with refined insight into developing good terms and conditions.

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26
Q

Why does the FAR encourage exchanges with industry before receipt of proposals?

A

To enhance the quality of proposals and ensure that the terms and conditions are well understood and refined.

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27
Q

What are pre-solicitation or preproposal conferences designed to do?

A

Provide a last minute feedback loop on terms and conditions before the release of a solicitation or due date for submission of offers.

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28
Q

What should be publicized to improve the Government’s understanding of industry capabilities?

A

The rigidity of the Government’s requirements.

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29
Q

What is the purpose of determining the best value source in advance?

A

To decrease the likelihood of award protests.

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30
Q

What opportunity should potential offerors be given according to the FAR?

A

Potential offerors should be given an opportunity to comment on agency requirements or to recommend application and tailoring of requirements documents and alternative approaches.

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31
Q

What does FAR 11.002 emphasize about how requirements should be defined?

A

FAR 11.002 emphasizes that requirements should be stated in terms of functions to be performed, performance required, or essential physical characteristics to the greatest extent possible.

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32
Q

What does the FAR encourage regarding the supply of items in response to agency solicitations?

A

The FAR encourages defining requirements in terms that enable and encourage offerors to supply commercial items or non-developmental items in response to agency solicitations when possible.

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33
Q

How should Department of Defense acquisition requirements be defined to facilitate meeting them with commercial items?

A

Department of Defense acquisition requirements should be defined in a way that they can be met with commercial items.

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34
Q

What types of information can market research provide for contracts?

A

Customary practices, warranty provisions, buyer financing terms, discounts, and contract type.

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35
Q

How does market research assist contracting officers?

A

It helps develop solicitation provisions and contract clauses.

36
Q

What does FAR 10.002 provide procedures for?

A

Using market research in determining contract terms and conditions.

37
Q

What are the benefits of uncovering best commercial practices in acquiring goods and services?

A

Uncovering best commercial practices helps identify effective methods for procurement, highlights specifications that may meet military needs, and reveals restrictive terms that could reduce competition.

38
Q

What is the significance of identifying restrictive terms in contracting?

A

Identifying restrictive terms is crucial as they can reduce competition, impacting the overall effectiveness and cost of the procurement process.

39
Q

How can interaction with industry prior to receiving offers improve contract terms and conditions?

A

Interaction with industry prior to receiving offers can lead to refined terms and conditions, as outlined in FAR 15.201.

40
Q

What criteria should be considered for selecting a company for contract award?

A

The best criteria for selecting a company for contract award include evaluating their commercial practices, capabilities, and compliance with military needs.

41
Q

What may solicitations under simplified acquisition procedures require?

A

Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer.

42
Q

What do solicitations often contain that will be binding upon the contracting parties?

A

Solicitations often contain terms and conditions, including contract clauses, that will form the basis for a resulting contract.

43
Q

What is the definition of a solicitation in the context of government contracting?

A

A solicitation is any request to submit offers or quotations to the government, specifying the ground rules for submission and evaluation of offers.

44
Q

What are the two types of procedures under which solicitations are categorized according to FAR 2.101?

A

Under sealed bid procedures, they are called ‘invitations for bids,’ and under negotiated procedures, they are called ‘requests for proposals.’

45
Q

How does FAR 2.101 define a solicitation provision?

A

A solicitation provision is defined as a term or condition used only in solicitations and applying only before contract award.

46
Q

What does FAR 2.101 define as a contract clause?

A

A contract clause is defined as a term or condition used in contracts or in both solicitations and contracts, applying after contract award or both before and after award.

47
Q

What provision should be inserted in solicitations expected to exceed $150,000?

A

The provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

48
Q

What clause must be included in solicitations and contracts expected to exceed $150,000?

A

The clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions.

49
Q

What is the focus of the section at the end of FAR subpart 3.8?

A

It addresses solicitation provision and contract clause, specifically regarding limitations on payments to influence federal transactions.

50
Q

What is the prescription for including the clause FAR 52.203-12 in solicitations and contracts?

A

FAR 3.808(b) prescribes that the clause must be included in solicitations and contracts expected to exceed $150,000.

51
Q

What is the purpose of FAR 3.808(a)?

A

It prescribes when to insert the provision 52.203-11 in solicitations expected to exceed $150,000.

52
Q

What must an offeror certify when signing their offer under provision 52.203-11?

A

The offeror must certify that no federal appropriated funds have been paid or will be paid to influence government officials regarding the contract.

53
Q

What does the term ‘lobbying contact’ refer to in the context of provision 52.203-11?

A

The term ‘lobbying contact’ is defined as per 2 U.S.C. 1602(8) within the provision.

54
Q

What is incorporated by reference in provision 52.203-11?

A

The prohibition and exceptions contained in the FAR clause entitled ‘Limitation on Payments to Influence Certain Federal Transactions’ (52.203-12) are incorporated by reference.

55
Q

What is the purpose of the provision 52.203-11 regarding payments to influence certain federal transactions?

A

The provision aims to certify that no federal appropriated funds have been paid to influence or attempt to influence government officials in connection with contract awards.

56
Q

What must be disclosed if registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact?

A

The offeror must disclose any lobbying contacts made on their behalf if registrants under the Lobbying Disclosure Act of 1995 have made such contacts.

57
Q

What does the offeror certify by signing its offer under provision 52.203-11?

A

The offeror certifies that no Federal appropriated funds have been paid or will be paid to influence an officer or employee of any agency or Congress in connection with the awarding of the contract.

58
Q

What is the purpose of the certification regarding payments to influence certain federal transactions?

A

The certification ensures that no federal appropriated funds have been paid or will be paid to influence or attempt to influence any agency officer or employee, a Member of Congress, or their employees in connection with the awarding of a contract.

59
Q

What are the required solicitation provisions and contract clauses for commercial items according to FAR 12.301(b)?

A

The required clauses include FAR provision 52.212-1, 52.212-3, 52.212-4, and 52.212-5.

60
Q

What can a solicitation provision contractually obligate a contractor to submit?

A

It can contractually obligate a contractor to submit supporting documentation.

61
Q

When is the use of evaluation factors appropriate in contracting?

A

The contracting officer may insert FAR clause 52.212-2, Evaluation - Commercial Products and Commercial Services.

62
Q

What might a solicitation provision legally bind a contractor to do?

A

It might legally bind a contractor to deliver a product that meets a technical specification.

63
Q

What should be described to potential offerors regarding their proposals?

A

Tell a potential offeror how its proposal will be evaluated and considered for selection for award.

64
Q

What might a contract clause require a contractor to do?

A

A contract clause might require a contractor to deliver an item by a specific date, tell an offeror the maximum number of pages that can be included in a proposal, announce the time and place for a pre-proposal conference, and establish the bid opening time and date.

65
Q

Where can the text of required contract clauses and solicitation provisions be found?

A

The text of required contract clauses and solicitation provisions can be found in the relevant regulatory documents and guidelines.

66
Q

What are the objectives of Peer Reviews in DoD contracting?

A

To ensure consistent implementation of policy and regulations by contracting officers and to improve the quality of contracting processes throughout DoD.

67
Q

What is the purpose of pre-offer reviews prior to releasing a solicitation?

A

To ensure that solicitations are compliant with policy and regulations and follow best practices.

68
Q

What factors influence the review processes for solicitations?

A

The complexity and size of the acquisition.

69
Q

What does DFARS 201.170 provide regarding peer reviews?

A

It provides thresholds at which the Office of Director, Defense Pricing and Contracting will organize the review and when military departments and defense agencies will do the same.

70
Q

What requirement has the DoD instituted for certain solicitations?

A

A peer review requirement for solicitations that meet specific conditions such as high dollar value or major defense programs.

71
Q

Which regulation outlines the requirement for contracting officers to publicize solicitations?

A

FAR 5.102(a)(1) outlines the requirement for contracting officers to publicize solicitations.

72
Q

What should the contracting officer make available through the GPE unless an exception is made?

A

The contracting officer should make solicitations synopsized through the GPE, including specifications, technical data, and other pertinent information determined necessary.

73
Q

What is the threshold amount for contract actions that require a synopsis to be published in the Governmentwide point of entry (GPE)?

A

For proposed contract actions expected to exceed $25,000.

74
Q

What is the primary purpose of publicizing contract actions according to FAR part 5?

A

To increase competition, broaden industry participation, and assist various small business concerns in obtaining contracts and subcontracts.

75
Q

For proposed contract actions expected to exceed what amount must the contracting officer post in a public place?

A

For proposed contract actions expected to exceed $15,000 but not expected to exceed $25,000.

76
Q

Which FAR part provides guidance on when and how solicitations must be publicized?

A

FAR part 5.

77
Q

Who must be the focal point of any exchange with potential offerors after the release of a solicitation?

A

The contracting officer must be the focal point of any exchange with potential offerors after the release of the solicitation.

78
Q

What guidance should be followed for the availability of solicitations?

A

The availability of the solicitation should follow the guidance of FAR 5.102.

79
Q

What must the contracting officer do to encourage maximum response to solicitations from small businesses?

A

The contracting officer must encourage maximum response to solicitations by allowing the maximum amount of time practicable for offerors to submit their offers, making available all pertinent documents, and providing a means to have questions answered.

80
Q

What must be done with any information given to a prospective bidder concerning an invitation for bids?

A

It must be furnished promptly to all other prospective bidders as an amendment to the invitation.

81
Q

What is required when the Government changes its requirements or terms and conditions after receipt of proposals?

A

The contracting officer must amend the solicitation.

82
Q

What must be considered by the contracting officer before amending an invitation for bids?

A

The period of time remaining until bid opening and the need to extend this period.

83
Q

What should a contracting officer do if an amendment proposed for issuance after offers have been received is substantial?

A

The contracting officer should cancel the original solicitation and issue a new one.

84
Q

When should a contracting officer cancel the original solicitation?

A

The contracting officer should cancel the original solicitation and issue a new one if the change is so substantial that additional sources likely would have submitted offers had they known the substance of the amendment.

85
Q

What should a contracting officer do if a change exceeds what prospective offerors could have anticipated?

A

The contracting officer should hold a pre-proposal conference, notify offerors of the change, cancel the original solicitation, and issue a new one.

CON 3910 FLASHCARDS (PUBLIC) (14 decks)

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