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FAR > Session 5 > Flashcards

Session 5 Flashcards

1
Q

Source Selection Process and Techniques (FAR 15.1)
Best Value Continuum
R2P2C

A

Best Value Continuum
–Any one or combination of source selection approaches
–Relative importance of cost or price may vary
•Requirements
•Risk
•Past Performance
•Cost

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2
Q

Source Selection Process and Techniques (FAR 15.1)

Tradeoff Process

A

Tradeoff Process
–Tradeoffs among cost or price and non-cost factors
–Permits the Government to make an award to other than the lowest priced proposal

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3
Q

Source Selection Process and Techniques (FAR 15.1)

Oral Presentation

A

Oral Presentations
–Substitute or augment written information
–Provide opportunity for dialog between the parties
–May occur at any time in the acquisition process
–Subject to the same restrictions as written information, regarding time and content

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4
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Information Exchange
RFI VS RFP

A

Information Exchange
–Purpose
•Improve the understanding of Government requirements and industry capabilities
–Techniques to promote early exchange of information
–RFI vs. RFP
–Responses to RFIs must be safeguarded from unauthorized disclosure

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5
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Part I—The Schedule
SCF/SS$C/SOWSPEC/PM/IA/DELANDPERF/CAD/SPECIAL CONTRACT REQUIREMENTS

A 
Part I—The Schedule
A Solicitation/contract form
B Supplies or services and prices/costs
C Description/specifications/statement of work
D Packaging and marking
E Inspection and acceptance
F Deliveries or performance
G Contract administration data
H Special contract requirements
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6
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Part II—Contract Clauses

A

Part II—Contract Clauses

I Contract clauses

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7
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Part III—List of Documents, Exhibits, and Other Attachments

A

Part III—List of Documents, Exhibits, and Other Attachments

J List of attachments

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8
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Part IV—Representations and Instructions
REPS,CERTS,STATMENTS/INST,CONDITION,OFFEROR/EVAL FACTOR

A

Part IV—Representations and Instructions
K Representations, certifications, and other statements of offerors or respondents
L Instructions, conditions, and notices to offerors or respondents
M Evaluation factors for award

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9
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
Amendments and Late Submissions

A

Amendments
–Issued when either before or after receipt of proposals, the Government changes its requirements or terms and conditions
•Late Submissions
–Proposals, modifications, or revisions need to be received in the designated Government office on or before the exact time specified in the solicitation

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10
Q

Solicitation and Receipt of Proposals and Information (FAR 15.2)
TIME OF RECEIPT
WITHDRAWL

A

Acceptable evidence to establish time of receipt
–Time/date stamp on proposal wrapper
–Other documentary evidence, or
–Oral testimony or statements of Government personnel
•Withdrawals
–May withdraw a proposal any time prior to award

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11
Q

Source Selection (FAR 15.3)
Source Selection Objective
Basis of Award Decision

A

Source Selection Objective
–Select the proposal that represents the best value
•Basis of Award Decision
–Evaluation of factors and significant subfactors
–Tailored to the acquisi

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12
Q 
Source Selection (FAR 15.3)
Evaluation factors and significant subfactors
A

Evaluation factors and significant subfactors
–Represent key areas of importance and emphasis to be considered in the source selection decision, and
–Support meaningful comparison and discrimination between and among competing proposals

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13
Q

Source Selection (FAR 15.3)
Selection is within the broad discretion of agency acquisition officials, subject to:
$qltyPP

A

Selection is within the broad discretion of agency acquisition officials, subject to:
•Price or cost shall be evaluated in every source selection
•Quality shall be addressed through consideration of one or more non-cost evaluation factors
•Past Performance (considered as an evaluation sub-factor under the “quality” evaluation factor)

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14
Q 
Source Selection (FAR 15.3)
Proposal Evaluation (FAR 15.305)
NOCA
A

Proposal Evaluation (FAR 15.305)
–Evaluated based on factors and subfactors set forth in the solicitation
–May use any method or combination of methods
•Color or adjectival ratings
•Numerical weights
•Ordinal rankings

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15
Q

Source Selection (FAR 15.3)
Cost or price evaluation
Past performance

A

–Cost or price evaluation
•Competition establishes price reasonableness
•Cost analysis may also be necessary to establish price reasonableness
–Past performance
•Currency and relevancy of information
•Source of information
•Context of the data
•General trends in contractor’s performance

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16
Q 
Source Selection (FAR 15.3)
Exchanges with offerors after receipt of proposals (FAR 15.306)
CLARIFY 
DISCUSS
NEGOTIATE
A

Exchanges with offerors after receipt of proposals (FAR 15.306)
–Clarifications
–Discussions (must be tailored to the individual offer if held after establishment of the competitive range)
–Contracting Officer may accept proposal revisions during discussions
–Negotiations

17
Q 
Source Selection (FAR 15.3)
Limits on Exchanges (FAR 15.306e)
A

Limits on Exchanges (FAR 15.306e)
–Government personnel involved in the acquisition shall not engage in conduct that
•Favors one offeror over another
•Reveals an offeror’s technical solution or any information that would compromise an offeror’s intellectual property
•Reveals an offeror’s price
•Reveals the names of individual providing reference information about an offeror’s past performance
•Knowingly furnish source selection information

18
Q

Source Selection (FAR 15.3)
Source Selection Authority (SSA) (FAR 15.308)
INDEPENDENT

A

Source Selection Authority (SSA) (FAR 15.308)
–Decision must be
•Made independently
•Based on a comparative assessment of proposals against all source selection criteria in the solicitation

19
Q

Contract Pricing (FAR 15.4)
Price
Pricing Policy

A

Price
–Cost plus any fee or profit applicable to the contract type
•Pricing Policy
–Purchase from responsible sources at fair and reasonable prices
–In establishing reasonableness, contracting officers should minimize the information necessary

20
Q 
Contract Pricing (FAR 15.4)
Pricing Policy (cont’d)
A

Pricing Policy (cont’d)
–When cost or pricing data are not required, rely on the following, in order of precedence
•No additional information, particularly if the price is based on adequate price competition
•Information other than cost or pricing data
•Cost or pricing data

21
Q

Contract Pricing (FAR 15.4)
Cost or pricing data ($700,000)
15.406

A

Cost or pricing data ($700,000)
–All facts that, as of the date of price agreement or, if applicable, an earlier date agreed upon between the parties that are as close as practicable to the date of agreement on price
–Factual data, not judgmental
–Verifiable
–Require certification per FAR 15.406-2
–Threshold includes price increases and decreases

22
Q

Contract Pricing (FAR 15.4)
Other than cost or pricing data
15.406

A

Other than cost or pricing data
–any type of information that is not required to be certified per FAR 15.406-2 and
–Is necessary to determine price reasonableness or realism

23
Q

Contract Pricing (FAR 15.4)
Prohibition on obtaining Certified Cost or Pricing Data (FAR 15.403-1)
SAP
COMM ITEMS

A

Prohibition on obtaining Certified Cost or Pricing Data (FAR 15.403-1)
–Acquisitions at or below the simplified acquisition threshold
–To support any action (contracts, subcontracts, or modifications) when
•Prices are based on adequate price competition
•Prices set by law or regulation
•Commercial items (or modifications to commercial items)
•When a wavier has been granted

24
Q 
Contract Pricing (FAR 15.4)
Proposal Analysis (FAR 15.404-1)
–Techniques
A 
Proposal Analysis (FAR 15.404-1)
–Objective
•Ensure that the final price agreed upon is fair and reasonable
–Techniques
•Price Analysis
•Cost Analysis
•Cost Realism Analysis
•Technical Analysis
25
Q 
Contract Pricing (FAR 15.4)
Field Pricing Assistance (FAR 15.404-2)
A

Field Pricing Assistance (FAR 15.404-2)
–When information is inadequate to determine a fair and reasonable price
–Request should reflect the minimum essential supplementary information needed to conduct a technical or cost or pricing analysis

26
Q

Contract Pricing (FAR 15.4)
Profit (FAR 15.404-4)
Objective
NOT NET INCOME

A

Profit (FAR 15.404-4)
–Does not necessarily represent net income to the contractor
–Objective
•Stimulate efficient and effective contract performance
•Attract the best capabilities of qualified small and large businesses
•Maintain a viable industrial base

27
Q

Contract Pricing (FAR 15.4)
Profit (FAR 15.404-4)
–Statutory limitations

A 
Profit (FAR 15.404-4)
–Statutory limitations
•15% for R&D efforts on a CPFF contract
•10% for all other CPFF type contracts
•6% for A-E firms
28
Q 
Contract Pricing (FAR 15.4)
Documenting the Negotiations (FAR 15.406-3)
A

Documenting the Negotiations (FAR 15.406-3)
–Price Negotiation Memorandum (PNM)
•Purpose of the negotiation
•Description of the acquisition
•Status of contractor’s systems (purchasing, estimating, accounting, compensation)
•Prenegotiation objectives and negotiated positions, including profit or fee
•Documentation of fair and reasonable pricing

29
Q 
Contract Pricing (FAR 15.4)
Make-or-Buy Programs (FAR 15.407-2)
A

Make-or-Buy Programs (FAR 15.407-2)
–Prime is responsible for managing contract performance, including, planning, placing, and administering subcontracts as necessary to ensure the lowest overall cost and technical risk to the government
–When required, the Government may reserve the right to review and agree on the make-or-buy program to ensure
•negotiation of reasonable prices,
•satisfactory performance, or
•implementation of socioeconomic policies

30
Q

Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
Pre-Award Debriefs shall not disclose:
#IDCONTENT RANKING EVAL .BY. TRADE SECRETS

A

Pre-Award Debriefs shall not disclose:
–The number of offerors,
–The identity of the offerors,
–The content of other offeror’s proposals,
–The ranking of the offerors,
–The evaluation of other offerors,
–Point-by-point comparisons of this offeror’s proposal with those of other offerors,
–Trade secrets, privileged or confidential manufacturing processes and techniques,

31
Q 
Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
Pre-Award Debriefs shall not disclose:
Commercial or financial information 
names of the individuals
COST PROFIT INDIRECT COST RATES
A

Pre-Award Debriefs shall not disclose:
–Commercial or financial information that is privileged or confidential, including
•Cost breakdowns,
•Profit,
•Indirect cost rates, or
•Similar information
–The names of the individuals providing reference information about an offeror’s past performance

32
Q

Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
Post-Award Debriefs must include:
SIG WEAKNESS COST $ TECH RANKING PP

A

Post-Award Debriefs must include:
–The government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable,
–The overall evaluated cost or price and technical rating, if applicable, of
•The successful offeror and
•This offeror
•Past performance information on this offeror
–For commercial items, the make and model of the item to be delivered

33
Q

Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
Post-Award Debriefs must include:
overall ranking
rationale for award
Reasonable responses to relevant questions

A

Post-Award Debriefs must include:
–The overall ranking of all offerors, when any ranking was developed by the agency during the source selection
–A summary of the rationale for award
–Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed

34
Q

Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
Post-Award Debriefs shall not disclose:
Point-by-point comparisons
.BY. TRADE SECRETS COMM OR FINANCIAL

A

Post-Award Debriefs shall not disclose:
–Point-by-point comparisons of this offeror’s proposal with those of other offerors,
–Trade secrets, privileged or confidential manufacturing processes and techniques,
–Commercial or financial information that is privileged or confidential, including
•Cost breakdowns,
•Profit,
•Indirect cost rates, or
•Similar information

35
Q

Preaward, Award, and Postaward Notifications, Protests, and Mistakes (FAR 15.5)
names of the individual

A

Post-Award Debriefs shall not disclose:

–The names of the individuals providing reference information about an offeror’s past performance

36
Q

Unsolicited Proposals (FAR 15.6)

A

Only used for innovative ideas when they fall outside topic areas publicized, i.e.,
–RFPs
–Broad Agency Announcement
–Small Business Innovation Research topic
–Small Business Technology Transfer Research topic
–Program Research and Development Announcement, or
–Any other Government-initiated solicitation or program

37
Q

FAR Part 18 – Emergency Acquisitions

A

FAR Part 18 – Emergency Acquisitions
•Emergency acquisitions are flexibilities provided with respect to any acquisition of supplies or services by or for an executive agency that, as determined by the head of an executive agency, may be used—
–In support of a contingency operation
–To facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States; or
–When the President declares an incident of national significance, emergency declaration, or a major disaster declaration

38
Q

Defense Priorities and Allocations Systems (DPAS)

A

Defense Priorities and Allocations Systems (DPAS)
•Supports approved national defense, emergency preparedness, and energy programs.
•Was established to facilitate rapid industrial mobilization in case of a national emergency.
FAR 18.109

FAR (8 decks)

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