SUBCHAPTER D - SOCIOECONOMIC PROGRAMS Flashcards

1
Q

Parts in Subchapter D - Socioeconomic Programs

A

19 - Small Business Programs
20 - Reserved
21 - Reserved
22 - Application of Labor Laws to Government Acquisitions
23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
24 - Protection of Privacy and Freedom of Information
25 - Foreign Acquisition
26 - Other Socioeconomic Programs

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2
Q

PART 19

A

SMALL BUSINESS PROGRAMS

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3
Q

PART 20

A

RESERVED

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4
Q

PART 21

A

RESERVED

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5
Q

PART 22

A

APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

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6
Q

PART 23

A

ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

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7
Q

PART 24

A

PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

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8
Q

PART 25

A

FOREIGN ACQUISITION

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9
Q

PART 26

A

OTHER SOCIOECONOMIC PROGRAMS

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10
Q

Privacy Act 1974 (FAR 24.1)

A

Requires that when an agency contracts for the design, devlopment, or operation of a system of records on individuals on behalf of the agency to accomplish an agency function, the agency must apply the requirements of the act to the contractor and its employees working on the contract.

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11
Q

Freedom of Information Act (FAR 24.2)

A

5 USC, as amended - provides that information is to be made available to the public either by

  • Publication in the Federal Register;
  • Providing an opportunity to read and copy records at convenient locations; or
  • Upon request, providing a copy of a reasonably described record.

A proposal submitted in response to a competitive solicitation shall not be made available to any person under the FOIA. The prohibition does NOT apply to a proposal or any part of a proposal, that is set forth or incorporated by reference in a contract between the government and the contractor that submitted the proposal.

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12
Q

Exemptions to FOIA

A

Classified information, trade secrets and confidential commercial or financial information, interagency or intra-agency memoranda, or to personal and medical information pertaining to an individual.

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13
Q

Privacy Training

A

Initial and annual training required.

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14
Q

Energy and Water Efficiency and renewable energy (FAR 23.2)

A

Gov’t policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies. Applies to ALL acquisitions.

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15
Q

Use of Recovered Materials (FAR 23.4)

A

Government policy on the use of products containing recovered materials and bio-based products considers cost, availability of competition, and performance.

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16
Q

Drug-Free Workplace (FAR 23.5)

A

No offeror other than an individual shall be considered a responsible sour for a contract that EXCEEDS the simplified acquisition threshold, unless it agrees that it will provide a drug-free workplace by publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition and establishing an ongoing drug-free awareness program.

17
Q

Representation on Greenhouse Gas Emissions (FAR 23.8)

A

Offerors registered in the System for Award Management (SAM) database who received $7.5 million or more in federal contract awards in the prior fiscal year are required to represent whether they publicly disclose greenhouse gas emissions and whether they publicly disclose a quantitative greenhouse gas emissions reduction goal. They must also provide a website for their disclosures.

18
Q

Environmental management systems (EMS) (FAR 23.9)

A

Set of processes and practices that enable an organization to reduce its environmental impacts and to increase its operating efficiency.

19
Q

Buy American Statute-Supplies (FAR 25.1)

A

Buy American Act-Supplies)
Restricts the purchase of supplies that are not domestic end products.

Foreign end product may be purchase if an exception app[lies. These include when the purchase is determined to be in the public interest, products are offered for resale, non-availability of items (items not mined, produced, or manufactured in the US in sufficient quantity, or of a satisfactory quality), or if the price is determined to be unreasonable using a formula detailed in FAR 25.105.

20
Q

Buy American Statute-Construction Materials (FAR 25.2)

A

Buy American Act-Construction Materials
Requires that only domestic construction materials be used in construction contracts performed in the US. Exception are in FAR 25.202.

21
Q

Trade Agreements (FAR 25.4)

A

Waive the applicability of the Buy American Statute for some foreign supplies and construction materials from certain countries.

Under the Trade Agreements Act, only US -made end products or eligible products may be acquired. - Dollar thresholds are subject to revision every 2 years.

22
Q

Domestic End Product

A
  • Unmanufactured end product mined or produced in the US
  • Unmanufactured end product, if the cost of its components mined, produced, or manufactured in the US exceeds 50% of the cost of all its components, or the end product is a COTS item
23
Q

Buy American statute (formerly Buy American Act)

A

Restricts the purchase of supplies that are not domestic end products, for use within the US.

Exceptions
-public interest, non-availability, class determinations, individual determination, unreasonable cost.
24
Q

Foreign End product (FAR 25.105 and 25.5)

A

A foreign end product may be purchased if the contracting officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies.

Formula for determining unreasonable:
Lowest domestic price +6% if large business
Lowest domestic price + 12% is small business

If price of domestic order is more then it is not reasonable.

25
Q

Buy American - Construction Materials

A
Exceptions
1 - impracticable or inconsistent with public interest
2 - Non-availability
3 - Unreasonable cost
4 - IT that is a commercial item
26
Q

Trade Agreements Act of 1979

A

Purpose

  • Approve and implement trade agreements negotiated under the Trade Act of 197.
  • Foster the growth and maintenance of an open world trading system
  • Expand opportunities for the commerce of the US in international trade, and
  • Improve the rules of international trade and to provide for the enforcement of such rules.
27
Q

OFAC

A

Office of Foreign Assets Control - Department of Treasury