Session 4 Flashcards

1
Q

FAR Part 13 – Simplified Acquisition

Policy

A

Policy
•Agencies shall use SAP to the maximum extent practicable for all purchases of supplies or services not exceeding the simplified acquisition threshold (SAT) (including purchases at or below the micro-purchase threshold).
•Policy does not apply if an agency can meet requirement using—
(1)Required sources of supply under Part 8 (e.g., Federal Prison Industries, Committee for Purchase from People Who are Blind or Severely Disabled, and Federal Supply Schedule contracts);
(2)Existing indefinite delivery/indefinite quantity contracts; or
(3)Other established contracts.
FAR 13.003

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2
Q

FAR Part 13 – Simplified Acquisition
Policy, cont’d
•Each acquisition of supplies or services

A

Policy, cont’d
•Each acquisition of supplies or services that…
–has an anticipated dollar value exceeding $3,000 ($15,000 for acquisitions as described in 13.201(g)(1))
–and not exceeding $150,000 ($250,000 for acquisitions described in paragraph (1) of the Simplified Acquisition Threshold definition at 2.101) … is reserved exclusively for small business concerns and shall be set aside (see 19.000 and Subpart 19.5). See 19.000(b) and 19.502-2 for exceptions.
FAR 13.003(b)

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3
Q

FAR Part 13 – Simplified Acquisition

Policy “Do Not’s”

A

Policy “Do Not’s”
•The contracting officer shall not use SAP to acquire supplies and services if the anticipated award will exceed—
(i)The SAT; or
(ii)$6.5 million ($12 million for acquisitions as described in 13.500(e)), including options, for acquisitions of commercial items using Subpart 13.5.
•Do not break down requirements aggregating more than the SAT (or for commercial items, the threshold in Subpart 13.5) or the micro-purchase threshold into several purchases that are less than the applicable threshold merely to—
(i)Permit use of SAP; or
(ii)Avoid any requirement that applies to purchases exceeding the micro-purchase threshold.
FAR 13.003(c)

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4
Q

FAR Part 13 – Simplified Acquisition

Competition

A

Competition
•When soliciting competition, the CO shall consider the following:
–The nature of the article or service to be purchased and whether it is highly competitive and readily available in several makes or brands, or is relatively noncompetitive.
–An electronic commerce method that employs widespread electronic public notice is not available;
–The urgency of the proposed purchase.
–The dollar value of the proposed purchase.
–Past experience concerning specific dealers’ prices.

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5
Q

FAR Part 13 – Simplified Acquisition

Competition, cont’d.

A

Competition, cont’d.
•When soliciting quotations or offers, the CO shall notify potential offerors of the basis on which award will be made (price alone or price and other factors, e.g., past performance and quality).
•COs are also encouraged to use best value.
–Solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors.
FAR 13.106-1(a)(2)

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6
Q

FAR Part 13 – Simplified Acquisition

Sole Source

A

Sole Source
•For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).
•For sole source (including brand name) acquisitions of commercial items in excess of the simplified acquisition threshold conducted pursuant to subpart 13.5, the requirements at13.501(a) apply
FAR 13.106-1(b)

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7
Q

FAR Part 13 – Simplified Acquisition

Evaluation Procedures

A

Evaluation Procedures
•The contracting officer has broad discretion in fashioning suitable evaluation procedures. The procedures prescribed in parts 14 and 15 are not mandatory. At the contracting officer’s discretion, one or more, but not necessarily all, of the evaluation procedures in part 14 or 15 may be used.
FAR 13.106-2(b)(1)

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8
Q

FAR Part 13 – Simplified Acquisition

Actions at or Below the Micro-Purchase Threshold

A

Actions at or Below the Micro-Purchase Threshold
•The Governmentwide commercial purchase card shall be the preferred method to purchase and to pay for micro-purchases (see 2.101).
•Purchases at or below the micro-purchase threshold may be conducted using any of the methods described in subpart 13.3, provided the purchaser is authorized and trained, pursuant to agency procedures, to use those methods.
FAR 13.201

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9
Q

FAR Part 13 – Simplified Acquisition

Actions at or Below the Micro-Purchase Threshold (cont’d)

A

Actions at or Below the Micro-Purchase Threshold (cont’d)
•For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operations or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, the micro-purchase threshold is–
(i) $15,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and
(ii) $30,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States.
FAR 13.201

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10
Q

FAR Part 13 – Simplified Acquisition

Simplified Acquisition Methods 1

A

Simplified Acquisition Methods
•Governmentwide commercial purchase card is authorized for use in making and/or paying for purchases of supplies, services, or construction.
•Purchase orders generally are issued on a fixed-price basis.
–In accordance with 31 U.S.C. 3332, electronic funds transfer (EFT) is required for payments except as provided in 32.1110. See subpart 32.11 for instructions for use of the appropriate clause in purchase orders. When obtaining oral quotes, the contracting officer shall inform the quoter of the EFT clause that will be in any resulting purchase order.

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11
Q

FAR Part 13 – Simplified Acquisition

Simplified Acquisition Methods 2

A

•An unpriced purchase order is an order for supplies or services, the price of which is not established at the time of issuance of the order.
•A blanket purchase agreement (BPA) is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply (see subpart 16.7 for additional coverage of agreements).
•Imprest funds and third party drafts may be used to acquire and to pay for supplies or services.
FAR 13.3

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12
Q

FAR Part 13 – Simplified Acquisition

SF 44, Purchase Order – Invoice – Voucher

A

SF 44, Purchase Order – Invoice – Voucher
•A multipurpose pocket-size purchase order form designed primarily for on-the-spot, over-the-counter purchases of supplies and nonpersonal services while away from the purchasing office or at isolated activities. It also can be used as a receiving report, invoice, and public voucher.
(a) This form may be used if all of the following conditions are satisfied:
(1) The amount of the purchase is at or below the micro-purchase threshold, except for purchases made under unusual and compelling urgency or in support of contingency operations. Agencies may establish higher dollar limitations for specific activities or items;
(2) The supplies or services are immediately available;
(3) One delivery and one payment will be made.
(4) Its use is determined to be more economical and efficient than use of other simplified acquisition procedures
FAR 13.306

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13
Q

FAR Part 13 – Simplified Acquisition

Fast Payment Procedure

A

Fast Payment Procedure
•Allows payment under limited conditions to a contractor prior to the Government’s verification that supplies have been received and accepted.
•The conditions for use of the fast payment procedure are as follows:
(a) Individual purchasing instruments do not exceed $30,000 (exceptions are permitted).
(b) Deliveries of supplies are to occur at locations where there is both a geographical separation and a lack of adequate communications facilities between Government receiving and disbursing activities that will make it impractical to make timely payment based on evidence of Government acceptance.
FAR 13.4

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14
Q

FAR Part 14 – Sealed Bidding

A
FAR Part 14 – Sealed Bidding
•Sealed bidding is a method of contracting that employs competitive bids, public opening of bids, and awards. The following steps are involved:
(a) Preparation of invitations for bids.
(b) Publicizing the invitation for bids.
(c) Submission of bids.
(d) Evaluation of bids.
(e) Contract award - to low, responsible bidder
FAR 14.101
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15
Q

FAR Part 14 – Sealed Bidding

Requirements

A

FAR Part 14 – Sealed Bidding
Requirements
•Use Uniform Contract Format to extent practicable
•Simplified format is also permitted
•Allow reasonable time for prospective bidders to prepare and submit bids
•Only require bid samples when necessary
•Do not request descriptive literature unless needed prior to award to determine if products meet the specs.
•A pre-bid conference may be used as a means of briefing prospective bidders and explaining complicated specifications and requirements to them as early as possible after the invitation has been issued and before the bids are opened. It shall never be used as a substitute for amending a defective or ambiguous invitation. (FAR 14.207)
FAR 14.2

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16
Q

FAR Part 14 – Sealed Bidding

A

Responsiveness
1.Bids/offers must comply in all material respects with the invitation for bids.
2.Telegraphic and Faxed bids shall not be considered unless permitted by the invitation.
3.Bids should be filled out, executed, and submitted in accordance with the instructions of the invitation.
4.Bids submitted via electronic commerce may only be considered if the method was stipulated or permitted in the instructions.
FAR 14.301

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17
Q

FAR Part 14 – Sealed Bidding

Responsiveness

A

Responsiveness
1.Bids/offers must comply in all material respects with the invitation for bids.
2.Telegraphic and Faxed bids shall not be considered unless permitted by the invitation.
3.Bids should be filled out, executed, and submitted in accordance with the instructions of the invitation.
4.Bids submitted via electronic commerce may only be considered if the method was stipulated or permitted in the instructions.
FAR 14.301

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18
Q

FAR Part 14 – Sealed Bidding

Late Bids: a bid received, in the office designated in the IFB, before award but after the exact time set for opening.

A

Late Bids: a bid received, in the office designated in the IFB, before award but after the exact time set for opening.
Late bids shall not be considered except:
•received before award is made,
•the CO determines that no undue delay will occur and:
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.

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19
Q

FAR Part 14 – Sealed Bidding

Minor Informalities or Irregularities in Bids:

A

Minor Informalities or Irregularities in Bids:
•Merely a matter of form or some immaterial variation from exact requirements of the IFB, having no or negligible effect on price, no effect on quality, quantity of deliveries, and correction or waiver would not affect other bidders (usually omissions).
•Example: not submitting the correct number of copies of bids
FAR 14.405

20
Q

FAR Part 14 – Sealed Bidding

Mistakes

A

Mistakes
•Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award (must first verify mistake with bidder) – example: obvious misplacement of a decimal point.
•Bid must still be responsive – correcting mistakes cannot change a non-responsive bid to a responsive bid.
FAR 14.407

21
Q

FAR Part 14 – Sealed Bidding

Mistakes after Award

A

Mistakes after Award
•The mistake may be corrected by contract modification if correcting the mistake would be favorable to the Government without changing the essential requirements of the specifications
•If correction results in an increased price, it must not exceed the next lowest acceptable bid under the original invitation for bids.
FAR 14.407-4

22
Q

FAR Part 14 – Sealed Bidding

Steps To Determine Award (IFB)

A
DETERMINE LOW BIDDER
IS HE RESPONSIVE?
YES
IS HE RESPONSIBLE?
NO
DETERMINE NEXT LOW BIDDER
YES
AWARD
CONTRACT
NO
23
Q

FAR Part 14 – Sealed Bidding

Two-Step Sealed Bidding

A

Two-Step Sealed Bidding
•Obtains the benefits of sealed bidding when adequate specifications are not available.
•Step one involves technical analysis.
•In step two those who submitted acceptable technical proposals submit sealed bids.
FAR 14.5

24
Q

FAR Part 16 – Contract Types

General Concepts

A

General Concepts
•FAR considers contract types in terms of cost structure only
•In a spectrum, the risks shift from buyer to seller
•Government is encouraged to use any contract type to best achieve their objectives
•If using a combined form, must be very specific which pricing arrangements apply to which portions of the contract

25
Q

FAR Part 16 – Contract Types

Contract types are grouped into two broad categories:

A

Contract types are grouped into two broad categories:
•Firm-Fixed Price
•Cost-reimbursement
FAR 16.101(b)

26
Q

FAR Part 16 – Contract Types

Policy

A

Policy
•The cost-plus-a-percentage-of-cost system of contracting shall not be used (see 10 U.S.C. 2306(a) and 41 U.S.C 254(b)).
FAR 16.102(c)

27
Q

FAR Part 16 – Contract Types

Negotiating Contract Type

A

Negotiating Contract Type
•Selecting the contract type is generally a matter for negotiation and requires the exercise of sound judgment. Negotiating the contract type and negotiating prices are closely related and should be considered together. The objective is to negotiate a contract type and price (or estimated cost and fee) that will result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance.
FAR 16.103(a)

28
Q

FAR Part 16 – Contract Types

Factors to consider in selecting Contract Type (FAR 16.104):

A

Factors to consider in selecting Contract Type (FAR 16.104):
•Price Competition
•Price analysis
•Cost analysis
•Type and complexity of the requirement
•Combining contract types
•Urgency of the requirement
•Stability of design
•Period of performance or length of production run
•Contractor’s technical capability and financial responsibility
•Adequacy of the contractor’s accounting system
•Concurrent contracts
•Extent and nature of proposed subcontracting
•Acquisition history

29
Q

FAR Part 16 – Contract Types

A
Range of Contract Types and Risk
34
*T&M contracts typically involve higher levels of risk for buyers.
= CPPC contract type is illegal in U.S. government contracting
High
Low
Low
High
Buyer’s risk
Seller’s risk
FFP
CPFF
FP/ EPA
FPI
CS
T&M
CPIF
CPAF
CR
CPPC
30
Q

FAR Part 16 – Contract Types

Fixed Price Contracts

A

Fixed Price Contracts
•Firm Fixed Price – no price adjustment based on actual costs incurred (FAR 16.202)
•Fixed Price with EPA – price adjusted based on established contingencies (FAR 16.203)
•Fixed Price Incentive – profit is adjusted based on actual final costs (FAR 16.204)
•Price Redetermination – allows for adjustments to price either prospectively or retroactively (16.205-206)
•Fixed Price/LOE – requires the contractor to provide a specified level of effort (FAR 16.207)

31
Q

FAR Part 16 – Contract Types

Cost Reimbursement Contracts – cannot be used to purchase commercial items

A

Cost Reimbursement Contracts – cannot be used to purchase commercial items
•Cost Sharing (FAR 16.303)
•Cost – no fee (FAR 16.302)
•Cost Plus Award Fee – consists of a fixed base fee plus additional fee based on performance criteria (FAR 16.305)
•Cost Plus Incentive Fee – fee adjusted based on actual, final allowable costs incurred (FAR 16.304)
•Cost Plus Fixed Fee – fixed amount of fee that does not change based on actual costs or performance (except, see next slide) (FAR 16.306)

32
Q

FAR Part 16 – Contract Types

Forms of CPFF

A

Forms of CPFF
•Completion - normally requires the contractor to complete and deliver the specified end product within the estimated cost, if possible, as a condition for payment of the entire fixed fee.
–May increase cost if needed to complete the project without increasing fixed fee.
•Term - obligates the contractor to devote a specified level of effort for a stated time period.
–Fee may be reduced if contractor does not provided specified level of effort.
FAR 16.306(d)

33
Q

FAR Part 16 – Contract Types

A

SOW Detail vs. Contract Type Graph

CPFFCPAFCPIFT&MCompletionFPIFFP

34
Q

FAR Part 16 – Contract Types
Incentive Contracts – effort to relate the amount of profit or fee payable under the contract to the contractor’s performance

A

Incentive Contracts – effort to relate the amount of profit or fee payable under the contract to the contractor’s performance
•Award Fee Contracts (FAR 16.401(e))
•Cost Incentives – adjust fee based on costs (FAR 16.402-1)
•Performance Incentives – adjust fee based on performance (FAR 16.402-2)
•Delivery Incentives – adjust fee based on early/late delivery (FAR 16.402-3

35
Q

FAR Part 16 – Contract Types

Indefinite Delivery

A

Indefinite Delivery
•Use when the exact times and/or exact quantities of future deliveries are not known at the time of contract award.
•Limits the Government’s obligations to ordering the minimum guaranteed amount.
•May provide for any appropriate cost or pricing arrangement under Part 16.
•Three types: definite-quantity contracts, requirements contracts, and indefinite-quantity.
FAR 16.501

36
Q

FAR Part 16 – Contract Types
Definite Quantity
Indefinite Quantity

A

Definite Quantity - definite quantity known but exact delivery date unknown and supplies/services are readily available. (FAR 16.502)
•Requirements - recurring requirements but cannot predetermine the precise quantities needed during a definite period. Purchase from single contractor. (FAR 16.503)
•Indefinite Quantity - quantity and delivery not known. Multiple sources allowed. Contract states minimum and maximum amounts. (FAR 16.504)
–Multiple awards are preferred
–Fair opportunity to compete for each order over $3,000 unless an exception in FAR 16.505(b)(2) exists

37
Q

FAR Part 16 – Contract Types

Time and Material (FAR 16.601)

A

Time and Material (FAR 16.601)
•Price based on direct labor hours at specified fixed hourly rates and material at cost.
•May be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence.
•No positive profit incentive to the contractor for cost control or labor efficiency so requires additional Government oversight.
•Requires a written determination and findings that no other contract type is suitable.

38
Q
FAR Part 16 – Contract Types
Labor Hour (FAR 16.602)
A

Labor Hour (FAR 16.602)
–Variation of time and material.
–Labor rate only.
–Used if contractor is not furnishing material.

39
Q

FAR Part 16 – Contract Types

Letter Contracts

A

Letter Contracts
•Preliminary contract used to start work when there is an urgent need for an item and negotiatin g a definitive contract is not possible in sufficient time to meet the requirement.
•Should be as complete and definite as feasible under the circumstances.
•Should be definitized within 180 days after the date of the letter contract or before completion of 40% of the work to be performed, whichever occurs first.
•Not a preferred method of contracting.
FAR 16.603

40
Q

FAR Part 16 – Contract Types

Agreements

A

Agreements
•Basic agreement is a written instrument of understanding that
–contains contract clauses applying to future contracts between the parties during its term and
‒contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the basic agreement.
‒A basic agreement is not a contract
FAR 16.702

41
Q

FAR Part 16 – Contract Types

Agreements, cont’d

A

Agreements, cont’d
•Basic ordering agreement (BOA) is a written instrument of understanding that contains
‒terms and clauses applying to future contracts (orders),
‒a description, of supplies or services to be provided, and
‒methods for pricing, issuing, and delivering future orders under the basic ordering agreement.
•A basic ordering agreement is not a contract.
•Used to expedite contracting for uncertain requirements for supplies or services when specific items, quantities, and prices are not known.
•BOA shall not state or imply any agreement by the Government to place future contracts or orders with the contractor.
FAR 16.703

42
Q

FAR Part 17 – Special Contracting Methods

Multi-Year Contracting

A

Multi-Year Contracting
•Multi-year contracting is a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to 5 years unless otherwise authorized by statute, even though the total funds ultimately to be obligated may not be available at the time of contract award.
•This method may be used in sealed bidding or contracting by negotiation.
FAR 17.104

43
Q

FAR Part 17 – Special Contracting Methods

Use of multi-year contracting is encouraged to take advantage of one or more of the following:

A

Use of multi-year contracting is encouraged to take advantage of one or more of the following:
•Lower costs
•Enhancement of standardization
•Reduction of administrative burden in the placement and administration of contracts
•Substantial continuity of production or performance, thus avoiding annual startup costs, preproduction testing costs, make-ready expenses, and phase-out costs

44
Q

FAR Part 17 – Special Contracting Methods

Use of multi-year contracting is encouraged to take advantage of one or more of the following:

A

•Stabilization of contractor work forces
•Avoidance of the need for establishing quality control techniques and procedures for a new contractor each year
•Broadening the competitive base with opportunity for participation by firms not otherwise willing or able to compete for lesser quantities, particularly in cases involving high startup costs
•Providing incentives to contractors to improve productivity through investment in capital facilities, equipment, and advanced technology
FAR 17.105-2

45
Q

FAR Part 17 – Special Contracting Methods

Options

A

Options
•Contract shall specify limits on purchase of additional supplies or services, or the overall duration of contract term, including extensions
•Contract shall state period within which option can be exercised
•Period may extend beyond contract completion date for service contracts
•Unless otherwise approved IAW agency procedures, the total of basic and option periods NTE 5 years (services); total of the basic and option quantities NTE requirement for 5 years (supplies); do not apply to IT contracts
FAR 17.2

46
Q

FAR Part 17 – Special Contracting Methods

Options cont.

A

Options, cont’d.
•Contracts may express options for increased quantities of supplies or services in terms of:
–Percentage of specific line items;
–Increase in specific line items; or
–Additional numbered line items identified as the option
•Contracts may express extensions of the contract term as an amended completion date or as additional time for performance
FAR 17.2

47
Q

Interagency Acquisitions
Assisted Acquisitions:
Direct Acquisitions:

A

Interagency Acquisitions
•Assisted Acquisitions: Prior to requesting that another agency conduct an acquisition on its behalf, the requesting agency shall make a determination that the use of an interagency acquisition represents the best procurement approach. As part of the best procurement approach determination, the requesting agency shall obtain the concurrence of the requesting agency’s responsible contracting office in accordance with internal agency procedures.
•Direct Acquisitions: Prior to placing an order against another agency’s indefinite-delivery vehicle, the requesting agency shall make a determination that use of another agency’s contract vehicle is the best procurement approach and shall obtain the concurrence of the requesting agency’s responsible contracting office
FAR 17.502-1