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Con 1100V - PUBLIC > Student Guide Part 2 (Unit 4) > Flashcards

Student Guide Part 2 (Unit 4) Flashcards

1
Q

What is the recommended way to reference text in the DFARS?

A

Citations should be written similar to FAR citations for consistency.

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2
Q

How are parts, subparts, sections, or subsections supplemented in DFARS?

A

They are supplemented by the addition of a number of 70 and up.

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3
Q

How are FAR parts supplemented by DFARS?

A

FAR parts are supplemented by DFARS subparts.

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4
Q

What is the relationship between FAR sections and DFARS subsections?

A

FAR sections are supplemented by DFARS subsections.

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5
Q

What does the ‘2’ in DFARS numbering signify?

A

‘2’ denotes that DFARS is Chapter 2 of Title 48.

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6
Q

How is DFARS numbering implemented in relation to FAR?

A

DFARS numbering is implemented the same as its FAR counterpart with the addition of a ‘2’ at the beginning, denoting the chapter.

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7
Q

How would you cite DFARS 209.106 - 4(d)?

A

You would write the citation as DFARS part 209, DFARS subpart 209.1, DFARS 209.106, DFARS 209.106 - 4, DFARS 209.106 - 4(d).

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8
Q

What is the DFARS Procedures, Guidance, and Information (PGI)?

A

The DFARS PGI is a companion resource to the DFARS that contains mandatory internal DoD procedures and non-mandatory internal DoD procedures and guidance.

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9
Q

Do subdivisions below the section or subsection level in DFARS follow the same numbering sequence as the FAR?

A

Generally, yes, but if the implemental text exceeds one paragraph, the subdivisions are numbered by skipping a unit in the FAR prescribed numbering sequence.

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10
Q

How is the DFARS PGI numbered?

A

Each PGI numerical designation is preceded by the letters ‘PGI.’

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11
Q

What language is used in the DFARS to indicate non-mandatory procedures and guidance?

A

Permissive language such as ‘The contracting officer may use…’ or ‘Additional information is available at…’.

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12
Q

Does the DFARS PGI follow the rulemaking process?

A

No, the DFARS PGI does not follow the rulemaking process and is not part of the CFR.

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13
Q

As required by Section 807 of the National Defense Authorization Act for Fiscal Year 2005, how often are statutory acquisition-related dollar thresholds reviewed to calculate adjustment for inflation?

A

5 years, PGI 201.109

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14
Q

Where does it say how much employer’s liability insurance a contractor should have under a cost-reimbursement contract?

A

FAR 28.307-2(b) / FAR 28.307-2(a)

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15
Q

Where does it say that you can’t use contracts to perform inherently governmental functions?

A

FAR 7.503(a)

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16
Q

Where does it say how long a contracting officer has to accept or reject a VECP?

A

Within 45 days, FAR 48.103(b)

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17
Q

Are performance and payment bonds required in cost-reimbursement construction contracts?

A

Yes, FAR 28.102-1(a) / NO, DFARS 228.102-1

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18
Q

Where does it say that Pre-award Peer Reviews for competitive acquisitions shall be conducted before issuing the solicitation, requesting final proposal revisions, and awarding the contract?

A

PGI 201.170-2(a) / DFARS PGI 201.170-2(a)

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19
Q

What instruction should be used in preparing the determination described at FAR 7.503(e)?

A

Agency implementation shall include procedures requiring the agency head or designated requirements official to provide the contracting officer a written determination that none of the functions to be performed are inherently governmental.

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20
Q

What information should be provided on contracts and modifications in addition to the contracting officer’s name, official title, and signature?

A

FAR subpart 4.1 and DFARS PGI 204.101(1) outline the additional information required.

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21
Q

What clauses must contracting officers use to notify offerors and contractors of deviations?

A

Contracting officers must use the Authorized Deviations in Provisions clause (FAR 52.252 - 5) and the Authorized Deviations in Clauses clause (FAR 52.252 - 6).

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22
Q

What are deviations in the context of FAR and DFARS?

A

Deviations involve agency noncompliance with a mandatory procurement regulation, such as using a solicitation provision or contract clause that is inconsistent with the FAR, under certain circumstances.

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23
Q

What is the definition of a deviation according to FAR?

A

A deviation is defined as issuing or using a policy, procedure, solicitation provision, contract clause, method, or practice that is inconsistent with the FAR, among other criteria.

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24
Q

Are deviations authorized with respect to Cost Accounting Standards regulations?

A

No, deviations are not authorized with respect to the Cost Accounting Standards regulations for solicitation provisions and contract clauses.

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25
Q

Under what conditions can agencies deviate from the FAR and DFARS?

A

Agencies can deviate from the FAR and DFARS when necessary to meet the agency’s specific needs and requirements, as long as it is not precluded by law, executive order, or regulation.

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26
Q

What is the approval authority for class deviations in the DoD?

A

The Principal Director of Defense Pricing and Contracting.

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27
Q

What are the two types of deviations recognized by FAR?

A

Individual and class deviations.

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28
Q

What must DoD contracting officers research in addition to the FAR and DFARS?

A

Class deviations.

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29
Q

Who generally authorizes individual deviations?

A

The agency head.

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30
Q

What does FAR 15.304(c)(3)(i) state regarding past performance evaluation?

A

Past performance shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold.

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31
Q

How does the DoD class deviation affect the evaluation of past performance for contracts exceeding the simplified acquisition threshold?

A

The DoD has a class deviation that changes the applicable threshold for evaluating past performance.

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32
Q

What is the threshold for evaluating past performance in source selections for ship repair and overhaul acquisitions?

A

The threshold is expected to exceed $500,000.

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33
Q

Why can the rulemaking process for FAR or DFARS revisions be cumbersome?

A

It can take a significant amount of time for a proposed FAR or DFARS revision to be incorporated into the regulation.

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34
Q

How long do class deviations remain effective?

A

Class deviations remain effective until their expiration date, or they have been rescinded.

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35
Q

What is the threshold for evaluating past performance in source selections for services and information technology acquisitions?

A

The threshold is expected to exceed $1,000,000.

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36
Q

What is the threshold for evaluating past performance in source selections for systems and operations support acquisitions?

A

The threshold is expected to exceed $5,000,000.

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37
Q

What does the effective date on many class deviations indicate?

A

It indicates that the class deviation is effective until incorporated into the FAR and DFARS, or until otherwise rescinded.

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38
Q

What should be checked in the research process regarding class deviations?

A

It is important to check the class deviations to determine whether there is direction to deviate from a requirement in the FAR or DFARS or if there is information in a class deviation that imposes additional requirements.

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39
Q

Where does it say that DoD should try to provide any required precious metals to contractors instead of having the contractor buy them on their own?

A

DFARS 208.7302

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40
Q

Where does it say that, when negotiating contract price, the contracting officer doesn’t have to reach agreement on every element of cost in order to negotiate a fair and reasonable price?

A

FAR 15.405(a)

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41
Q

When are you supposed to include DFARS 252.225 - 7976 in a solicitation or contract?

A

CD 2018 – O0019

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42
Q

Where does it say that you can’t make an offeror submit information about its political spending as part of a solicitation?

A

CD 2012 – O0010

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43
Q

Where does it say that you can get out of some of the requirements in FAR part 31 if the contract will be for utilities privatization?

A

CD 2011 - O0006

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44
Q

What is the SAT when making purchases outside the U.S. in support of a humanitarian or peacekeeping operation?

A

$500,000

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45
Q

Can a contracting officer compete a requirement for military simulation training services that is valued at $4,500,000 under the 8(a) Program?

A

Yes, a contracting officer can compete this requirement under the 8(a) Program.

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46
Q

When reviewing a contractor’s purchasing system, do you have to review their policies pertaining to small business concerns?

A

Yes, you must review their policies pertaining to small business concerns.

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47
Q

Who has overall responsibility for acquisition planning?

A

The contracting officer has overall responsibility for acquisition planning.

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48
Q

Is a contracting officer required to notify the contracting activity’s small business specialist when making a nonresponsibility determination for a small business concern?

A

Yes, the contracting officer is required to notify the small business specialist.

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49
Q

Are subcontracting plans required for contracts performed entirely in Tonga?

A

No

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50
Q

Can the agency head’s authority to grant an exemption from sustainable acquisition requirements be delegated to the heads of contracting activities?

A

Yes

51
Q

Can a contractor submit a claim by e-mail?

A

Yes

52
Q

Does the contracting officer have to amend the solicitation to include the new clause after a FAR change on January 23, 2021?

A

No

53
Q

Are you required to include the clause at FAR 52.219-14, Limitations on Subcontracting, in your solicitation for a noncommercial acquisition valued at $1,350,000 executed as a small business set-aside?

A

Yes

54
Q

Is the contracting officer required to consult with the program manager and fee determining official (FDO) when developing the award-fee plan for a cost-plus-award-fee contract?

A

Yes, the contracting officer is required to consult with the program manager and FDO as per DFARS PGI 216.401(e)(i).

55
Q

Is the clause at DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders, required for a noncommercial contract with a base year and four options valued at $500,000 each?

A

The requirement for the clause depends on the specific circumstances of the contract and should be evaluated based on DFARS 205.470.

56
Q

Who is responsible for notifying Congress as described at FAR 6.302-7(c)(2)?

A

The contracting officer (KO) is responsible for notifying Congress as described at FAR 1.108(f).

57
Q

What types of acquisitions does FAR 22.400 specifically address?

A

It addresses contracts for construction, alteration, or repair, including painting and decorating, of public buildings and public works.

58
Q

What is the dollar value threshold mentioned in FAR 22.400 for labor standards requirements?

A

The threshold is for contracts in excess of $2,000.

59
Q

According to FAR 1.104, to what does the FAR apply?

A

The FAR applies to all ‘acquisitions’ as defined in FAR part 2, except where expressly excluded.

60
Q

What factors may define the subset of acquisitions to which individual FAR rules apply?

A

Factors may include dollar value, location of performance, or what is being acquired.

61
Q

What is a common mistake made by novice readers of the FAR?

A

Misapplying a rule to an acquisition.

62
Q

Why is it important to look for statements of applicability or exceptions before applying a rule?

A

It is important to look for such statements because they can appear anywhere in a given part and help clarify whether a rule applies to a specific acquisition.

63
Q

What skill has been developed throughout the module regarding rules?

A

The skill of finding rules and providing the locations of those rules in the form of citations has been developed.

64
Q

Why is it important to check the DFARS and class deviations when applying rules?

A

It is necessary because DFARS and class deviations may affect the applicability of the rules being considered.

65
Q

What is the process of ‘zooming out’ in the context of finding rules in FAR regulations?

A

The process involves looking at higher levels of the regulation, starting from subsection to section, then to subpart, and finally to part level, while checking for recurring sections and titles that discuss applicability, exceptions, and exemptions.

66
Q

What does FAR 11.303(a)(2) require regarding uncoated printing and writing paper?

A

It requires the acquisition of uncoated printing and writing paper containing at least 30 percent postconsumer fiber.

67
Q

What must agencies do if paper containing at least 30 percent postconsumer fiber is not reasonably available?

A

They must purchase printing and writing paper containing no less than 20 percent postconsumer fiber or paper with the maximum practicable percentage of postconsumer fiber that is reasonably available at a reasonable price.

68
Q

What is the minimum postconsumer fiber content standard for agency paper use according to Executive Order 13423?

A

30 percent postconsumer fiber content.

69
Q

What are the four questions that need to be answered to determine the applicability of the paper rule?

A
  1. Will you be acquiring paper inside the United States? 2. Is the paper reasonably available? 3. If available, does the paper meet performance requirements? 4. Is the paper available at a reasonable price?
70
Q

What happens if you answer ‘no’ to any of the four questions regarding paper acquisition?

A

Answering ‘no’ to any of these questions would make the rule inapplicable.

71
Q

What is the role of class deviations in determining the applicability of FAR rules?

A

Class deviations must be checked to see if they affect the applicability of the rule, but in this scenario, neither the DFARS nor the class deviations affect the applicability of the FAR rule.

72
Q

What is the significance of the 30 percent postconsumer fiber requirement in FAR 11.303(a)(2)?

A

The requirement is to ensure that paper purchased contains a minimum of 30 percent postconsumer fiber, but misapplying the rule can occur if not properly evaluated.

73
Q

What can many mistakes in using the regulations be traced back to?

A

A failure to complete each step in the research process.

74
Q

Why is it important to follow the entire research process when answering questions regarding DoD acquisition?

A

It helps ensure you successfully determine the applicability of regulatory rules, which is critical for contracting professionals.

75
Q

Should the contracting officer include a requirement for contractor identification of sources of supply in the contract for noncommercial supplies valued at $250,000?

A

No; according to DFARS 217.7302(b)(2).

76
Q

Is the contracting officer required to include the clause at FAR 52.241-2, Order of Precedence — Utilities, in the solicitation for telecommunications services inside the United States?

A

Yes, according to FAR 41.102(b)(3).

77
Q

Will the contracting officer be required to document the contract file to indicate how information in FAPIIS was considered in any responsibility determination for a contract to an AbilityOne vendor for $1.1 million?

A

No; according to FAR 9.102(b)(3).

78
Q

Is the contracting officer required to follow agency procedures and the weapons policy established by the combatant commander or the chief of mission when authorizing contractor personnel to carry weapons in a designated operational area during a peacekeeping operation?

A

Yes; according to FAR 25.301-3.

79
Q

Does a contracting officer need to prepare the justification for other than full and open competition when using simplified acquisition procedures under FAR 5.202(a)(2)?

A

No

80
Q

Are the procedures at DFARS PGI 245.103 - 70 required if office space, desks, and telephones are furnished to the contractor on a military installation?

A

No, according to FAR 45.000(b)(5)

81
Q

What is the deadline for requesting a preaward debriefing if an offeror receives notice of its exclusion from the competition on September 1, 2021?

A

September 7, 2021

82
Q

Does the Buy American statute apply to the construction of a public building in Puerto Rico?

A

Yes, the Buy American statute applies unless exceptions are specified.

83
Q

Will you include a contractor requirement to provide DoD item unique identification in your solicitation and contract for an acquisition of 15 wiring harnesses with a unit price of $10,250.00 in support of a contingency operation?

A

Yes, the requirement to provide DoD item unique identification should be included.

84
Q

What is the maximum period of time that a task order contract can cover, including the total of the basic and option periods, unless an exception applies?

A

The maximum period is typically five years, including options.

85
Q

Who is responsible for returning bid samples that have not been destroyed in testing to bidders when requested, as required by FAR 14.202 - 4(g)(1)?

A

The contracting officer is responsible for returning bid samples.

86
Q

Does a contracting officer have to make a separate fair and reasonable pricing determination when using the schedule pricing to place an order under a Federal Supply Schedule, except for the price evaluation required by FAR 8.405 - 2(d)?

A

No, a separate fair and reasonable pricing determination is not required when using schedule pricing under a Federal Supply Schedule, except for the specified price evaluation.

87
Q

Are you required to include the provision at FAR 52.209 - 7, Information Regarding Responsibility Matters, in your solicitation for an acquisition for supplies with an estimated value of $350,000 for the base quantity and $300,000 for the option quantity?

A

Yes, you are required to include the provision at FAR 52.209 - 7 in your solicitation for that estimated value.

88
Q

In the acquisition of 15 wiring harnesses for a contingency operation, will a contractor requirement to provide DoD item unique identification be included in the solicitation and contract?

A

No

DFARS 211.274 - 2(b)(1)

89
Q

Does the Buy American statute apply to the construction of a public building in Puerto Rico, assuming no exceptions apply?

A

Yes

FAR 25.200(b) – or – FAR 25.002

90
Q

What is the maximum period of time that a task order contract can cover, including the total of the basic and option periods, unless a longer period is approved by the head of the agency?

A

10 years

DFARS 217.204(e)(i)(C)

91
Q

Does a contracting officer have to make a separate fair and reasonable pricing determination when using the schedule pricing to place an order under a Federal Supply Schedule, except for the price evaluation required by FAR 8.405 - 2(d)?

A

Yes

CD 2014 - O0011

92
Q

What is the risk of not considering the entire body of a regulation when interpreting a rule?

A

The risk is that a wrong interpretation of a rule is a real possibility.

93
Q

Why is it important to understand the definitions of words and terms in a regulation?

A

Understanding the definitions is crucial for interpreting a rule and determining its applicability to your acquisition.

94
Q

How should the words of a statute or regulation be interpreted?

A

The words generally mean what an ordinary or reasonable person would understand them to mean, unless a definition is provided within the statute or regulation.

95
Q

How does ‘e.g.’ differ from ‘i.e.’ in regulatory language?

A

‘e.g.’ provides examples that are not exhaustive, while ‘i.e.’ specifies items that are exhaustive and clarifies the meaning.

96
Q

What does the abbreviation ‘e.g.’ mean?

A

‘e.g.’ means ‘for example’ and indicates that the listed items are some examples, not a definitive list.

97
Q

What does the abbreviation ‘i.e.’ mean?

A

‘i.e.’ means ‘in other words’ and is used to provide further clarification, indicating that the listed items are the only items that can be considered.

98
Q

What is a general rule regarding singular and plural terms in regulations?

A

A general rule is that the singular includes the plural, and vice versa.

99
Q

What does the term ‘must’ indicate in a rule?

A

‘Must’ indicates that the rule is mandatory.

100
Q

What does ‘should’ imply regarding the adherence to a rule?

A

‘Should’ means that the rule is to be followed unless inappropriate for a particular circumstance.

101
Q

What does the term ‘may’ signify in the context of rules?

A

‘May’ signifies that the rule is permissive.

102
Q

How can one determine the applicability of a rule based on dollar values?

A

One can determine applicability by looking for language preceding the dollar threshold, such as ‘expected to exceed,’ ‘not exceeding,’ ‘over,’ ‘under,’ etc.

103
Q

Is congressional notification required before the award of a multiyear contract with a cancellation ceiling of $15 million?

A

Yes

104
Q

Is the contracting officer required to acquire only domestic end products for supplies valued at $10,000 in Oregon?

A

Yes

105
Q

Can the head of the contracting activity (HCA) delegate the authority to approve the use of variable unit prices in multi-year contracts to the chief of the contracting office?

A

Yes, the HCA’s authority can be delegated.

106
Q

What is the correct handling of the Government estimate of construction costs for an unclassified construction contract in Nebraska?

A

The Government estimate will be designated as ‘For Official Use Only.’

107
Q

Is a written certification required from the requiring activity before preparing a solicitation for leasing motor vehicles for 60 days?

A

No, a written certification is not required.

108
Q

Can an enemy prisoner of war be interrogated by contractor personnel?

A

It is generally prohibited, but the Secretary of Defense may waive the prohibition for a period of 60 days.

109
Q

Will you be required to include the clause at FAR 52.227 - 14 in a solicitation for supplies when none of the exceptions at FAR 27.409(b)(1) apply?

A

No

110
Q

Is the contracting officer required to make a written determination that the acquisition meets the commercial item definition in FAR 2.101 for an acquisition with an estimated value of $800,000?

A

False

111
Q

Are you required to include an opportunity for the unsuccessful offeror to submit additional questions related to the debriefing in your postaward debriefing information?

A

Yes

112
Q

Is there a limit on the amount that can be obligated under an undefinitized contract action (UCA) for initial spares before definitization?

A

Yes

113
Q

Should the clause at FAR 52.246 - 21, Warranty of Construction, be used in a fixed-price construction contract that will be performed in Germany?

A

No

114
Q

Can a DoD activity enter into a service contract for a military flight simulator without getting a waiver from the Secretary of Defense?

A

No

115
Q

Which one of the following is correct regarding the assignment of claims for a nonpersonal services contract?

A

The assignment of claims may be prohibited if the prohibition is determined to be in the Government’s interest.

116
Q

Can a prime contractor accept a subcontractor’s written representations of its size as a small disadvantaged business if the subcontractor represents that the size and socioeconomic status representation with its offer is current, accurate, and complete as of the date of the offer for the subcontracts?

A

Yes

117
Q

Are you required to make an affirmative determination of responsibility before making an award to an AbilityOne participating nonprofit agency?

A

Yes

118
Q

If a contracting officer obtains approval from the contract finance office, can he or she include unusual progress payments based on costs in a firm-fixed-price supply contract to be awarded using the procedures in FAR part 13?

A

No

FAR 32.003

119
Q

How long does a contract adjustment board have to render a decision on a request for extraordinary contractual relief?

A

A decision will be made ‘as expeditiously as practicable.’

DFARS 250.103 - 5(3)

120
Q

Are you required to consider all quotations that are received timely when executing a buy using simplified acquisition procedures?

A

Yes

FAR 13.003(h)(3)

121
Q

Are you required to include clause DFARS 252.237-7999, Requirement for Accounting Firms Used to Support Department of Defense Audits, in your solicitation and contract for audit remediation services valued at $450,000?

A

Yes

CD 2019 - O0007

122
Q

Where would you find information on where to submit a request for funding of an Indian incentive?

A

DFARS PGI 226.103(1)

123
Q

What is the dollar threshold for public announcement of contract actions?

A

$7.5 million

DFARS 205.303(a)(i)

Con 1100V - PUBLIC (6 decks)

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