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

Student Guide Part I (Unit 4) Flashcards

1
Q

What are the critical skills that students will develop in the ‘Understanding Regulations’ course?

A

Students will develop skills necessary to locate, interpret, and apply regulatory rules, including the FAR and DFARS.

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2
Q

What is required for students to be successful in the ‘Understanding Regulations’ course?

A

Students must develop effective habits and skills, participate actively in classroom activities, complete all assignments, and arrive punctually.

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3
Q

What is the primary focus of the course ‘Understanding Regulations’?

A

The primary focus is to provide foundational knowledge of the Federal Acquisition Regulation (FAR) System and its application in contracting.

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4
Q

What skills must students demonstrate to achieve the TLO?

A

Students must demonstrate the ability to legally implement solutions and manage risk while satisfying contract requirements and obligations, and cite the appropriate regulation(s) that supports the solution in a DoD acquisition scenario.

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5
Q

What is the purpose of the CON 1100V course?

A

The purpose of the course is to develop the skills necessary to locate, cite, interpret, and apply the policies and procedures in the FAR and DFARS that are applicable to DoD acquisitions.

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6
Q

What is the Terminal Learning Objective (TLO) of the course?

A

The TLO is to navigate the DoD contracting doctrine to arrive at an appropriate solution.

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7
Q

What does the CLC 113 module cover?

A

CLC 113 presents the basic information about the DFARS PGI.

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8
Q

What does the CON 100 course provide to new contracting personnel?

A

The CON 100 course provides new contracting personnel with a broad understanding of the DoD contracting environment, including typically used business arrangements.

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9
Q

What is the FAR?

A

The FAR is a regulation codified in Title 48, Chapter 1 of the Code of Federal Regulations that governs a Federal Government process called ‘acquisition.’

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10
Q

What is the process of ‘acquisition’ as defined by the FAR?

A

‘Acquisition’ is the process of buying goods and services for the Federal Government’s use.

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11
Q

Which agencies are subject to the FAR?

A

Many executive branch agencies, particularly the Department of Defense, are subject to the FAR.

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12
Q

What does the FAR cover?

A

The FAR covers the regulations and requirements necessary for the acquisition of goods and services by the Federal Government.

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13
Q

What is the role of competent acquisition professionals in relation to the FAR?

A

While compliance with the FAR ensures that an agency’s actions are legal, it does not guarantee a good business deal, which requires the skill and judgment of competent acquisition professionals.

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14
Q

What does the FAR generally require agencies to obtain when soliciting offers and awarding contracts?

A

The FAR generally requires agencies to obtain ‘full and open competition’ when soliciting offers and awarding contracts.

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15
Q

What is the primary purpose of the FAR in the Federal Acquisition Regulations System?

A

The FAR serves as the primary document for the codification and publication of uniform policies and procedures for acquisition by all executive agencies.

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16
Q

How do agencies obtain their rulemaking authority under the FAR?

A

Agencies obtain their rulemaking authority from laws/statutes enacted by Congress or authority delegated by the President.

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17
Q

Is the FAR an instructional guide for purchasing goods and services?

A

No, the FAR is not an instructional guide for purchasing goods and services; it is used to determine what courses of action are permissible.

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18
Q

What agencies are subject to the FAR?

A

The FAR applies to most executive agencies, although some executive agencies and their organizational components are exempt from the FAR.

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19
Q

What types of acquisitions does the FAR apply to?

A

The FAR applies to acquisitions of supplies and services with appropriated funds by most executive branch agencies.

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20
Q

Does the FAR apply to legislative and judicial branch agencies?

A

No, the FAR does not apply to legislative branch agencies or judicial branch agencies, although they may adopt the FAR as a matter of policy.

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21
Q

Which agencies are generally subject to the FAR when making purchases?

A

Executive branch agencies are generally subject to the FAR when making certain purchases.

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22
Q

What does the term ‘acquisition’ mean according to FAR 2.101?

A

Acquisition means the acquiring by contract with appropriated funds of supplies or services by and for the use of the Federal Government, including the entire process from establishing agency needs to contract performance and administration.

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23
Q

According to FAR 2.101, what is included in the definition of ‘supplies’?

A

Supplies include all property except land or interest in land, such as public works, buildings, ships, aircraft, machine tools, and the alteration or installation of these items.

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24
Q

How does FAR define a service contract?

A

A service contract is defined as a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

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25
Q

What are some examples of areas where service contracts may be found according to FAR?

A

Examples include maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.

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26
Q

What are appropriated funds?

A

Appropriated funds are funds paid out of the United States Treasury that are charged to an appropriation provided by or derived from an act of Congress, allowing for the incurrence of obligations and payments for specified purposes.

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27
Q

What types of services are included under FAR 37.101?

A

Routine recurring maintenance of real property, housekeeping and base services, advisory and assistance services, operation of Government-owned equipment, communications services, architect-engineering, transportation and related services, and research and development.

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28
Q

What is the authority of contracting officers as defined in FAR 1.602-1?

A

Contracting officers have the authority to enter into, administer, or terminate contracts and make related determinations and findings, but they can only bind the Government to the extent of the authority delegated to them.

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29
Q

What must contracting officers ensure before entering into a contract according to FAR 1.602-1?

A

Contracting officers must ensure that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

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30
Q

What are the consequences for contracting officers acting outside the scope of their authority?

A

Contracting officers acting outside the scope of their authority can be held personally liable for their actions.

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31
Q

Why is it important for contracting officers to comply with the FAR?

A

It is important for contracting officers to comply with the FAR because their actions must be authorized; otherwise, they risk being unauthorized and potentially liable for their actions.

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32
Q

How many subchapters are there in the FAR?

A

There are eight subchapters in the FAR identified using the letters A - H.

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33
Q

What are the components of FAR subpart 1.1?

A

The components of FAR subpart 1.1 include sections like 1.101 – Purpose and 1.102 – Statement of guiding principles for the Federal Acquisition System.

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34
Q

What is the first division of the FAR?

A

The first division of the FAR is the subchapter.

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35
Q

What is an example of a division within FAR part 1?

A

FAR part 1 is divided into subparts such as Subpart 1.1 – Purpose, Authority, Issuance.

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36
Q

What does FAR subpart 1.1 cover?

A

FAR subpart 1.1 covers Purpose, Authority, Issuance.

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37
Q

How many parts are there in the FAR?

A

There are 53 parts in the FAR.

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38
Q

What is the second division of the FAR?

A

The second division of the FAR is the part.

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39
Q

What does the FAR numbering system allow for?

A

The FAR numbering system permits the discrete identification of every FAR paragraph.

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40
Q

What sections are included in FAR subpart 1.1?

A

FAR subpart 1.1 includes sections numbered 1.101 through 1.110, with further subdivisions in sections 1.102 and 1.105.

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41
Q

Can the FAR be subdivided below the section or subsection level?

A

Yes, the FAR can be subdivided below the section or subsection level to identify individual paragraphs.

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42
Q

What is the sequence used for subdivisions below the section or subsection level in the FAR?

A

The sequence used for subdivisions below the section or subsection level consists of parenthetical alpha numerics: (a)(1)(i)(A)(1)(i)(A).

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43
Q

What does the citation format 22.1012 - 2 represent in terms of parts, subparts, sections, and subsections?

A

In the citation 22.1012 - 2, 22 represents the part, 10 represents the subpart, 12 represents the section, and 2 represents the subsection.

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44
Q

When citing a part or subpart in the FAR, what words should be included?

A

You should include the words ‘part’ and ‘subpart’ in the citation.

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45
Q

How do you reference a paragraph in the FAR?

A

You would write the citation as ‘FAR 9.106 - 4(d)’.

46
Q

What is the correct way to reference a subpart in the FAR?

A

You would write the citation as ‘FAR subpart 9.1’.

47
Q

How should you cite a section in the FAR?

A

You would write the citation as ‘FAR 9.106’.

48
Q

What is the format for referencing a subsection in the FAR?

A

You would write the citation as ‘FAR 9.106 - 4’.

49
Q

How are citations to other information in the FAR formatted within the text?

A

Citations do not include ‘FAR’ at the beginning to avoid redundancy, e.g., ‘part 9’.

50
Q

How do you reference a part in the FAR?

A

You would write the citation as ‘FAR part 9’.

51
Q

What is the purpose of Subpart 36.7 in the FAR?

A

It sets forth requirements for the use of standard and optional forms for contracting for construction, architect-engineer services, or dismantling, demolition, or removal of improvements.

52
Q

What does FAR 1.105 - 2(c)(3) describe?

A

It describes how to correctly write a citation to a part, subpart, section, subsection, and paragraph contained in the FAR.

53
Q

What is the appropriate level of specificity for a citation in the FAR dependent on?

A

It is dependent on the statement that is being supported by the citation.

54
Q

What is the purpose of the SF 330 form in the context of architect-engineer services?

A

To evaluate firms before awarding a contract for architect-engineer services.

55
Q

When should Part I of the SF 330 be used?

A

When the contract amount is expected to exceed the simplified acquisition threshold or if the contracting officer determines its use is appropriate for contracts at or below that threshold.

56
Q

What information does Part II of the SF 330 obtain from an architect-engineer firm?

A

General professional qualifications.

57
Q

Which form may be used for construction contracts at or below the simplified acquisition threshold?

A

Optional Form 347, Order for Supplies or Services.

58
Q

What form is used to solicit and submit offers for construction contracts expected to exceed the simplified acquisition thresholds?

A

Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair).

59
Q

In sealed bid solicitations, what must the contracting officer insert in Block 13D?

A

The number of calendar days that the offer must be available for acceptance after the date offers are due.

60
Q

Which form must contracting officers use to award fixed-price contracts for architect-engineer services?

A

Standard Form 252, Architect - Engineer Contract.

61
Q

What forms can contracting officers use to record offers submitted in response to a sealed bid solicitation?

A

Optional Form 1419, Abstract of Offers — Construction, and Optional Form 1419A, Abstract of Offers — Construction, Continuation Sheet.

62
Q

What is the purpose of the ‘Scope’ section in FAR parts and subparts?

A

The ‘Scope’ section summarizes the information contained in the particular FAR part or subpart and indicates the applicability of the rules.

63
Q

How is the ‘Scope’ section numbered in FAR parts and subparts?

A

The Scope section of each part is numbered with three zeroes after the decimal point, while a Scope section in a subpart is numbered with two zeroes following the subpart number.

64
Q

What does the Scope section for FAR subpart 26.3 address?

A

The Scope section for FAR subpart 26.3 implements Executive Order 12928, promoting participation of Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) in Federal procurement, and specifies that it does not pertain to contracts performed entirely outside the United States.

65
Q

What types of contracts does FAR subpart 46.8’s Applicability section state it does not apply to?

A

It does not apply to contracts for information technology, construction, architect-engineer services, maintenance and rehabilitation of real property, or commercial items.

66
Q

What does the ‘Applicability’ section in FAR parts and subparts explain?

A

The ‘Applicability’ section explains what types of acquisitions the information in the part or subpart applies to or does not apply to.

67
Q

How is the ‘Definitions’ section typically numbered in the FAR?

A

If it applies to the entire part, it is numbered with ‘001’ after the decimal point; if it applies to a subpart, it is numbered with ‘01’ after the subpart number.

68
Q

What is the purpose of the ‘Definitions’ section in FAR parts and subparts?

A

The ‘Definitions’ section provides definitions of words and terms that will be used in the particular part or subpart.

69
Q

What does the Policy section in FAR parts and subparts contain?

A

Broad statements about the Federal Government’s policy pertaining to the subject matter.

70
Q

What type of information is usually contained in a ‘Procedures’ section?

A

Information on what agencies must do to comply with the Government’s policy.

71
Q

What does FAR subpart 11.5 specifically address in its Procedures section?

A

It states what needs to be done to implement the Government’s policy for liquidated damages.

72
Q

What must construction contracts with liquidated damages provisions describe?

A

The rate(s) of liquidated damages assessed per day of delay, including the estimated daily cost of Government inspection and superintendence.

73
Q

Where do the requirements stated in Policy sections typically derive from?

A

They typically derive from statutes, executive orders, other federal regulations, or official procurement policies of the executive branch.

74
Q

How can a novice find information in the FAR?

A

A novice can use the search engine available at the Acquisition.gov FAR Home Page or download the entire FAR in PDF format and search for words and terms within the document.

75
Q

What is the purpose of the Exceptions section in FAR subpart 23.1?

A

The Exceptions section states exceptions to rules, indicating that the subpart does not apply to certain acquisitions, such as contracts performed outside of the United States or weapon systems.

76
Q

What part of the FAR is dedicated to the topic of Government property?

A

FAR part 45.

77
Q

What is a limitation of using Google to search for information in the FAR or DFARS?

A

Google results may show pages that were visited the most, which may not be the most updated.

78
Q

What is the first step in the acquisition regulation research process?

A

To have a clear understanding of what the question is really asking or what the specific issue is that you are researching.

79
Q

Where in the FAR are the procedures for contracting officer determination of final indirect cost rates?

A

FAR 42.705 - 1, FAR 42.705 - 1(b).

80
Q

Where in the FAR does it say what you’re supposed to do in the first step when using two-step sealed bidding?

A

FAR 14.503 - 1 covers the procedures for the first step in two-step sealed bidding, which involves the solicitation of technical proposals without pricing.

81
Q

Where in the FAR is the acquisition of Architect-Engineer services covered?

A

FAR part 36.6.

82
Q

Where in the FAR are the policies and procedures for using special contracting methods?

A

FAR 17.105 to 17.106, FAR part 17.

83
Q

If funds are required from another agency, can an agency approve a request for extraordinary contractual relief before finding out if adequate funds are available?

A

NO, FAR 17.501(b), FAR part 50.1, FAR subpart 50.1, FAR 50.103 - 5 (c).

84
Q

Where does it say when a short-form preaward survey report would be appropriate?

A

FAR 9.106 - 4(d).

85
Q

Where in the FAR are the policies and procedures for using special contracting methods?

A

FAR 17.105 to 17.106, FAR part 17

86
Q

If funds are required from another agency, can an agency approve a request for extraordinary contractual relief before finding out if adequate funds are available?

A

NO, FAR 17.501(b), FAR part 50.1, FAR subpart 50.1, FAR 50.103 - 5 (c)

87
Q

Where does it say when a short-form preaward survey report would be appropriate?

A

FAR 9.106 - 4(d)

88
Q

Where in the FAR are both Basic Agreements and Basic Ordering Agreements covered?

A

FAR subpart 16.7

89
Q

Where does it say when to use the special contract clause dealing with taxes when performing vessel repair in North Carolina?

A

FAR 29.401 - 2

90
Q

What’s the general difference between customary and unusual progress payments?

A

Customary progress payments are made under the general guidance in FAR subpart 32.5, while unusual progress payments are any other type and may be used only in exceptional cases when authorized in accordance with subsection FAR 32.501 - 2.

91
Q

Where does it say that R&D contractors shouldn’t subcontract any technical or scientific work without the contracting officer’s advance knowledge?

A

FAR 35.009

92
Q

Where does it say how a contracting officer must determine which contractor will receive the award when two low bids are equal?

A

FAR 14.408 - 6 or FAR 19.202 - 3

93
Q

Where in the FAR would you find the objective for negotiating contract type and price?

A

FAR 16.103(a) or FAR 15.405(b)

94
Q

What is the DFARS?

A

The DFARS is the DoD implementation and supplementation of the FAR, issued under the authority of the Secretary of Defense, containing requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and significant policies/procedures.

95
Q

Where is the DFARS located?

A

The DFARS is located in Chapter 2 of Title 48 of the CFR.

96
Q

What are the key components included in the DFARS?

A

The key components included in the DFARS are: (i) Requirements of law; (ii) DoD-wide policies; (iii) Delegations of FAR authorities; (iv) Deviations from FAR requirements; and (v) Policies/procedures that significantly affect contractors or offerors.

97
Q

How does DFARS 219.502 - 8 (b) differ from FAR 19.502 - 8 (b)?

A

DFARS 219.502 - 8 (b) specifies that the designee shall be at a level no lower than chief of the contracting office, placing a limit on the delegation for DoD.

98
Q

What is the customary progress payment rate for small business concerns according to FAR 32.501 - 1(a)?

A

The customary progress payment rate for small business concerns is 85 percent.

99
Q

Why is it important for a DoD contracting officer to check the DFARS when reading the FAR?

A

It is important because a rule in the FAR may not apply to DoD, or DoD may change the way the rule is applied.

100
Q

What does FAR 19.502 - 8 (b) state regarding the SBA PCR’s appeal process?

A

FAR 19.502 - 8 (b) states that the SBA PCR may appeal the contracting officer’s rejection to the head of the contracting activity within 2 working days after receiving the notice, and the head must render a decision in writing within 7 working days.

101
Q

What is the purpose of the DFARS in relation to the FAR?

A

The DFARS implements the FAR by adding more specific information to what is stated in the FAR.

102
Q

What is the customary progress payment rate for small business concerns according to FAR 32.501 - 1(a) as implemented by DFARS?

A

The customary progress payment rate for small business concerns is 90 percent.

103
Q

How can you determine if the DFARS is implementing or supplementing the FAR?

A

You can determine this by looking at the numbering of the text in the DFARS; supplemental numbering indicates it is supplemental, while implemental numbering may indicate it is either implemental or supplemental.

104
Q

What is the customary progress payment rate for large business concerns according to FAR 32.501 - 1(a) as implemented by DFARS?

A

The customary progress payment rate for large business concerns is 80 percent.

105
Q

What does DFARS 201.303(a)(ii) state about the numbering of DFARS text?

A

DFARS 201.303(a)(ii) states that all DFARS text is numbered as if it were implemental, and supplemental numbering is only used when text cannot be integrated intelligibly with its FAR counterpart.

106
Q

Why is it important to read the DFARS when reading the FAR?

A

It is important to read the DFARS to see how the FAR is implemented in DoD, as the DFARS supplements the FAR with additional policies and procedures.

107
Q

What is the purpose of the Pilot Mentor-Protégé Program as described in DFARS subpart 219.71?

A

The purpose of the Pilot Mentor-Protégé Program is to provide incentives for DoD contractors to assist protégé firms in enhancing their capabilities and to increase participation of such firms in Government and commercial contracts.

108
Q

How are FAR parts supplemented in DFARS?

A

FAR parts are supplemented by DFARS subparts, FAR subparts are supplemented by DFARS sections, and FAR sections are supplemented by DFARS subsections.

109
Q

What should be noted about lower divisions in DFARS numbering?

A

Lower divisions are supplemented by the addition of a number of (S - 70) and up.

110
Q

How is DFARS numbering implemented in relation to FAR?

A

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

111
Q

What is the format for supplemental numbering in DFARS?

A

Supplemental numbering is the same as its FAR counterpart, with the addition of a ‘2’ at the beginning and a number of 70 and up at the end.

Con 1100V - PUBLIC (6 decks)

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