Transparency Flashcards
FAR Parts 5, 15, and 33
Transparency:
Transparency:
FAR Parts 5, 15, and 33
FAR Part 5 -Publicizing Contract Actions
FAR Part 33 - Protests, Disputes, and Appeals
An offeror may request a post-award debriefing by submitting a written request for debriefing to the Contracting officer to be received within _____ days after receipt of a notice of contract award.
3
7
5
10
FAR 15.506
3
Who can authorize continued performance in the face of a protest after award?
The head of the contracting activity.
The commanding officer.
The chief of the contracting office.
The contracting officer provided his findings are documented in the file.
FAR 33.1
The head of the contracting activity.
A post-award debriefing should ideally occur within ____ days after receipt of the written request for a debriefing by the offeror.
7
3
5
10
FAR 15.506
5
Post-award debriefings shall not include:
The names of individuals providing an offeror’s past performance reference information.
An evaluation of deficiencies and weaknesses in the offeror’s proposal.
Cost or price and technical rating evaluation.
The overall ranking of all offerors.
FAR 15.506
The names of individuals providing an offeror’s past performance reference information.
The Contracts Dispute Act of 1978 states contractors shall provide certification as specified in FAR 33.
$100,000
$15,000
$65,000
$150,000
FAR 33.207(a)
100000
Permitted exchanges of information with industry prior to receipt of proposals include all of the following except:
Site visits
Including the Independent Government Cost Estimate (IGCE)
Pre-proposal conferences
Requests for Information (RFIs)
FAR 15.201
Including the Independent Government Cost Estimate (IGCE)
Which of the following is considered an unsolicited proposal?
Marketing material designed to acquaint the Government with a prospective contractor’s present products, services, and/or capabilities.
Proposal offered prior to an RFP in hopes to have their product evaluated during the research phase.
An offer of a commercial item that the vendor wishes to see introduced in the government’s supply system.
A written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offeror for the purpose of obtaining a contract with the Government, and that is not in response to a request for proposals, 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.
FAR 15.603
A written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offeror for the purpose of obtaining a contract with the Government, and that is not in response to a request for proposals, 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.
Claims in excess of $100,000, or regardless of the amount claimed when using arbitration pursuant to 5 U.
The claim is CAS Certified
The claim is made in good faith
The holder is responsible (with respects to all elements of responsibility) for the purpose of receiving and performing a specific government contract
The total costs are the sum of the direct and indirect costs allocable to the contract, less any allocable credits, plus any allocable costs for money.
FAR 33.207(c)
The claim is made in good faith
Regarding disputes, the government’s policy is to try to resolve all contractual issues in controversy by mutual agreement at the:
Contracting Officer’s level
Technical Director’s level
Agency Head’s level
Program Manager’s level
FAR 33.204
Contracting Officer’s level
When there is a contract dispute, the __________ __________ ________ refers to any procedure or combination of procedures voluntarily used to resolve issues in controversy.
Alternative Dispute Resolution
Allowance Dispute Resolution
Allowance Deduction Refund
Alternative Discourse Reflection
FAR 33.201
Alternative Dispute Resolution
Does a $75,000 claim resulting from a reduction of $350,000 and an increase of $275,000 require certification?
Yes, because the aggregate value of the claim exceeds $500,000.
No, because the claimed amount is less than $500,000.
Yes, the aggregate value of the claim exceeds $100,000.
No, because the claimed amount is less than $100,000.
FAR 33.207
Yes, the aggregate value of the claim exceeds $100,000.
A post-award debriefing of offerors shall NOT include which of the following:
The overall ranking of all offerors.
The overall evaluated cost or price (including unit prices), and technical rating of the successful offeror and the debriefed offerors.
Commercial and ?financial information, including cost breakdowns, indirect cost rates, and similar information.
Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.
FAR 15.506
Commercial and ?financial information, including cost breakdowns, indirect cost rates, and similar information.
A _____ is a written objection by an interested party to any of the following: a solicitation or other request by an agency for offers; cancellation of a solicitation or other request; an award or proposed award of a contract; or a termination or cancellation of an award of a contract as long as the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
claim
dispute
general procedure
protest
FAR 33.1
protest
Within _____ work day(s) of filing a protest with the GAO, a copy must be provided to the contracting officer.
5
1
3
7
FAR 33.104(a)(1)
1
When must contracting officers synopsize contract awards?
When contract awards exceed $25,000
When contract awards exceed $15,000
When contract awards exceed $30,000
When contract awards exceed $20,000
FAR 5.3
When contract awards exceed $25,000
Protests may be filed with ______________________.
either the contracting officer or the United States Court of Federal Claims
either the agency or the General Accountability Office
the agency, the GAO, or the General Services Board of Contract Appeals (ADP acquisition)
Small Claims Court for awards under the Simplified Acquisition threshold
FAR 33.102
either the agency or the General Accountability Office
Which Section of the Uniform Contract Format includes the “Evaluation factors for award?”
A
J
K
M
FAR 15.204-1
M
The Uniform Contract Format (UCF) is a standardized structure used for preparing solicitations and contracts in federal acquisitions. The UCF is divided into four main parts, which are further broken down into specific sections:
Part I - The Schedule
Section A: Solicitation/Contract Form - The cover sheet of the solicitation or contract.
Section B: Supplies or Services and Prices/Costs - Description of supplies or services, pricing, or costs.
Section C: Description/Specifications/Statement of Work - Detailed description of the work or supplies required.
Section D: Packaging and Marking - Requirements for packaging, packing, and marking.
Section E: Inspection and Acceptance - The criteria for inspection and acceptance of the goods or services.
Section F: Deliveries or Performance - Terms related to the time, place, and method of delivery or performance.
Section G: Contract Administration Data - Information on how the contract will be administered.
Section H: Special Contract Requirements - Any special requirements that do not fit elsewhere.
Part II - Contract Clauses
Section I: Contract Clauses - General and special contract clauses that are applicable to the contract.
Part III - List of Documents, Exhibits, and Other Attachments
Section J: List of Attachments - A list of all attachments, exhibits, and other documents that are part of the solicitation or contract.
Part IV - Representations and Instructions
Section K: Representations, Certifications, and Other Statements of Offerors - Information the offeror must submit with its offer, including certifications and representations.
Section L: Instructions, Conditions, and Notices to Offerors or Respondents - Instructions for preparing and submitting offers.
Section M: Evaluation Factors for Award - Criteria used to evaluate offers and make an award decision.
These sections provide a comprehensive framework for organizing the contents of a federal contract or solicitation.
The following are exceptions to the requirement for contracting officers to make notices of proposed contract actions available through the governmentwide point of entry, except:
Competitive acquisitions under the Section 8(a) program.
Acquisitions for utility services (other than telecommunications services) and only one source is available.
Acquisitions required by a statute to be made from a specific source, such as a workshop for the blind under the rules of the Committee for Purchase from People Who Are Blind or Severely Disabled.
An order placed under FAR Subpart 16.5.
FAR 5.202 and FAR 5.205(f).
Competitive acquisitions under the Section 8(a) program.
Unless otherwise excepted, the Contracting Officer must transmit a notice of proposed contract action to the governmentwide point of entry for each of the following situations, except:
Proposed contract action in an estimated amount of $30,000.
Proposed modification to an existing contract for additional supplies or services outside the existing contract scope in an estimated amount of $30,000.
Proposed contract termination for the convenience of the Government in an estimated amount of $30,000.
Proposed contract action in an estimated amount of $20,000, if the notice is advantageous to the Government.
FAR 5.201
Proposed contract termination for the convenience of the Government in an estimated amount of $30,000.
However, contract terminations for the convenience of the Government are not generally required to be publicly posted through the GPE, making it the correct exception in this context.
When should a Contracting Officer publicize a requirement in the GPE though a synopsis?
The Contracting Officer should publicize 1 week prior to solicitation.
The Contracting Officer should publicize 30 days prior to solicitation.
The Contracting Officer should publicize 1 month prior to solicitation.
The Contracting Officer should publicize 15 days prior to solicitation.
FAR 5.203
The Contracting Officer should publicize 15 days prior to solicitation.
An agency must transmit a notice of proposed contract action to the governmentwide point of entry at least 15 days before issuance of a solicitation, or a proposed contract action the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302, except that, for acquisitions of commercial products or commercial services:
The Contracting Officer must transmit the notice at least 40 days before issuance of a solicitation if the acquisition is covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement.
The Contracting Officer may establish a shorter period for issuance of the solicitation if the estimated amount of the contract action is less than the simplified acquisition threshold
The Contracting Officer transmits the notice only if subcontracting opportunities exist.
The Contracting Officer may use the combined synopsis and solicitation procedure.
FAR 5.203.
The Contracting Officer may use the combined synopsis and solicitation procedure.
What is the minimum amount of information that a request for proposals for competitive acquisitions shall contain?
The government’s requirement, the anticipated terms and conditions that will apply to the contract, the information required to be in the offeror’s proposal, and factors that will be used to evaluate the proposal
The anticipated size of the proposal, the government’s requirement, the urgency of the requirement, the information required to be in the offeror’s proposal, and the factors that will be used to evaluate the proposal
The government’s requirement and the information required to be in the offeror’s proposal
The type of contract contemplated, the government’s requirement, the information required to be in the offeror’s proposal, and the proposal due date and time
FAR 15.2
The government’s requirement, the anticipated terms and conditions that will apply to the contract, the information required to be in the offeror’s proposal, and factors that will be used to evaluate the proposal
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
What counts as a “contract action” in FAR Part 5?
Within FAR Part 5, a contract action is an action resulting , a new federal contract. In this context, modifications to an existing federal contract do not count as a contract action.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
But wait! In FAR Part 4, Administrative and Information Matters, the definition of “contract action” includes modifications. Why is the definition different in FAR Part 5
As a reminder, many words have different definitions that? within different sections of the FAR. You must carefully consider the application of any definition you discover. Go back and re-read Part 2, Definitions of Words and Terms.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
What is the government’s policy for publicizing contract actions (new contracts) and contract opportunities?
Contracting officers must publicize new contracts toincrease competition, encourage wider participation in the
federal contracting industry, and help small businesses (and the other subsets of small businesses, like women-
owned small businesses) win contracts and subcontracts.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
FAR Part 5 mentions the “governmentwide point of entity - what is that
When you read governmentwide point of entry or GPE, that phrase refers to the government’s official website for publicizing contracts and solicitations. The official website is System for Award Management (SAM). The website address is www.sam.gov. The previous website was called Federal Business Opportunities (FBO). When the government transitioned from FBO to SAM, the interim website called “Beta.SAM” was located at www.beta.sam.gov.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
Why should you care about SAM and the so-called governmentwide point of entry?
The official website is your official source for finding new contract opportunities. Although you can subscribe to paid services that filter, organize, or highlight data about new contract opportunities, the originating source for these services is SAM.
You can pay for services that make searching for contracts easier, or you can perform this research on your own, for free, using the official government website. You can easily create a free account.
Much like the Federal Procurement Data System or FPDS (described in FAR Part 4, Administrative and Information Matters), the System for Award Management is a powerful resource for free market research, competitive analysis, and open-source intelligence. Bookmark these websites and practice navigating them. You can search for government contracts by location, federal agency, type of work, and many other search terms.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
Can contractors submit contract opportunities to SAM?
Yes, prime contractors can submit notices of subcontracting opportunities to attract potential subcontractors. Even subcontractors can submit notices for further (lower-tier) subcontracting opportunities.
These notices of subcontracting opportunities should include a description of the business opportunity, any prequalification requirements, and a contact or resource for learning more about the technical requirements.
FAR PART 5, PUBLICIZING CONTRACT ACTIONS
FAR Part 5 prescribes policy for publicizing contract actions to increase competition
Why would a contractor let its competitors know about a contract opportunity?
Great question! In government contracting, your competitors are also potential teaming partners, and your teaming partners are also potential competitors. When your company cannot perform as the prime contractor, you need to team up with another company by performing as its subcontractor. When your company cannot perform all the work as the prime contractor, you need to find another company to perform as your subcontractor.
Broaden your horizons. Expand your network to increase your potential pool of teaming partners, including prime contractors and subcontractors.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act.
What is the basic difference between filing a claim versus filing a protest?
In short, you file a claim during performance of the contract, usually because you want more money. You file a protest before performance starts, usually because you lost the contract competition, and you think the government made a mistake.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act.
Can I file a protest about the contract I am currently performing?
No, you have nothing to protest. You won the contract.
You’re performing the contract. Instead, you could file a
claim.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act.
What is the Changes clause?
The Changes clause allows the government to make unilateral changes to certain parts of the contract. You must comply if the Changes clause is in your contractbecause that was part of the deal you negotiated. If these changes cost money, then the government must pay you.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act.
What is one way to request more money due to changes in the contract?
You can submit a request for equitable adjustment (REA), which is one type of written request for more money due to changes in the contract.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act.
What is another way to request more money due to changes in the contract?
You can submit a claim, which is another form of a written request for more money.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
What are the basic differences between a claim and REA?
Here are the basics. REAs and claims are two methods for asking for more money on your government contracts. Although REAs and claims are similar, you must understand their important differences. The biggest differences involve the processes after you submit the REA or claim.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
Is the REA contract administration or litigation?
REAs are considered contract administration, not litigation. When you submit the REA, you are not taking the first step in suing the government. REAs are not lawsuits. They are considered a normal part of government contract administration. Contract administration costs can be paid by the government.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
Does the REA automatically create a deadline for the government to respond?
No. Unfortunately, there is no automatic deadline for the government to respond to your REA. The government can ignore your REA indefinitely. The government could stall, postpone, and delay your REA for months or years.
For this reason, you should set firm deadlines for when the government must respond. If you get no response by the deadline, either forward the REA to higher level government officials, or choose to submit a claim instead.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
Does the claim automatically create a deadline for the government to respond?
Yes. The claim starts a process with a deadline requiring a written response from the government, but the REA does not. Unlike REAs, claims force the government contracting officer to respond within a certain time period.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
Can I skip the contracting officer and take my claim directly to the Court of Federal Claims or boards of contract appeals?
No, you cannot take your claim directly to these courts or forums. First, you must submit the claim to the contracting officer and receive the Final Decision. Again, this submission encourages settlement without litigation.
You want to get more money for your government contract, and you do not want to spend more money on an expensive lawsuit.
FAR PART 33, PROTESTS, DISPUTES, AND APPEALS
FAR Part 33 explains how contractors can protest to the agency, GAO, or Court of Federal Claims, and also explains the process for filing a claim under the Contract Disputes Act
Can you summarize the major differences between claims and REAs?
Request for equitable adjustment or REA:
Considered contract administration
You can include preparation costs
Not litigation and not the start of a lawsuit Less formal and less aggressive than a claim
No timeline for the contracting officer to respond
Claim under the Contract Disputes Act:
Considered litigation
You cannot include preparation costs
Starts with the contracting officer
Can result in a lawsuit
More formal and more aggressive than REA
Strict time limits for the contracting officer to respond
