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COSG > Warrant Memorization > Flashcards

Warrant Memorization Flashcards

1
Q

What are the exceptions to FAR part 6 (CICA)?

A
  1. S – (FAR 13) SAP
  2. S Statute – using KT procedures authorized by statute
  3. M MODS – in scope Mods
  4. O ORDERS – Def Quantity/Requirements contract orders
  5. O ORDERS – TO/DO orders
  6. O ORDERS – IDIQ Orders
  7. P (DFARS) Personal Services FOR HEALTH CARED
  8. O (DFARS) OTA Follow on production contracts for prototype projects
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2
Q

What are the exceptions to other than full and open competition? - -REF FAR 6.302

A
  1. R Responsible – Only 1 responsible source
  2. U Urgent – Unusual / compelling Urgency
  3. M Mobilization- Industrial Mobilization (I.e.national labs , military tents – goal is to keep viable sources in business)
  4. I International Agreement ( sole source for FMS – documented via IACR vice J&A)
  5. S Statute – Authorized by statute
  6. NO National Security
  7. PAIN Public Interest (Air Force 1 buys for American items)
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3
Q

What are the FPIF Elements?

A

Target Cost, Target Profit, Price Ceiling, Point of Total Assumption, Profit Adjustment Formula

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4
Q

What are the CPIF Elements?

A

Target Cost, Target Fee, Fee Adjustment Formula, Minimum Fee, Maximum Fee

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5
Q

5 exceptions to obtaining Certified cost / Pricing data (TINA $2Mil as of 1 July) - - shall not obtain for =

A
  1. _Comercial items____
  2. __Commercial Mods_____
  3. ___Price Competition______
  4. ____Price Set by Law/Regulation_____
  5. TINA___Tina Waiver Items___________
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6
Q

5 Elements to prove defective pricing REF: FAR 15.4:

A
  1. Fit_____Information FITS the definition of Cost/pricing data__________
  2. Available_____Accurate, complete, current data was available to ktr before agreement on price
  3. Not submitted____Accurate/complete/current data was NOT submitted/dislocsed to CO____
  4. Reliance____Govt relied on defective data in negotiations____
  5. $ Increase_______Govt reliance on defective data caused an increase to contract price__
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7
Q

In scope considerations / determining whether work represents a material difference IAW AFFAR 5343

A
  1. Anticipated:_______fairly/reasonably anticipated/contemplated by parties at kt award____
  2. cost_____what is the cost of the proposed change___________
  3. type____what is the type of work proposed by the change_______
  4. Performance_______what is the period of performance of the change ______
  5. Terms - proposed changes need to be within terms and conditions of original contract award
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8
Q

Changes Clause – Things you can change: REF: FAR 52.243-1 CHANGES

A

Supplies:
1. ___Drawings/designs/specs___
2. _____Shiping Method (FOB orgin/destiation) /Packaging requirements________
3. _____Place of delivery_______
Services:
1. ______Description of services__________
2. ___Time of performance (hours of the day /days of the week)____
3. _____Place of performance______

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9
Q

7 Pre-Reqs for Ratifications

A
  1. ___Benefit – govt accepted supplies/services OR obtained a benefit______
  2. Authority:__Ratifying CO has authority to make the contract___
  3. Proper:____Ratification Contract would’ve otherwise been proper if made by an appropriate CO
  4. Price:____Price of unauthorized commitment is Fair and Reasonable________
  5. CO/Legal:_________CO Recommends payment AND Legal concurs____
  6. Funds:____Funds ARE available and WERE available when unauthorized commitment was made
  7. IAW:___Ratification is done IAW agency procedures/limitations_____
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10
Q

What must be done within 30 days of discovering an unauthorized commitment? REF 5301.602-3

A
  1. Investigation: _____CO investiages Who/ what details of ratification circumstances_____
  2. Future:___How to prevent future occurences & corrective actions taken___
  3. Legal_______Legal opinion__
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11
Q

4 Content Area of CIDs

A
  1. ____Description of supplies/services________
  2. Basis:____Basis used to determine that supplies/svs meet definition of commercial item__
  3. Considerations:___key considerations used in analysis______
  4. _____CO Signature & Date_______
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12
Q

Based on Prior CID:

A
  1. ____Description of supplies/services______
  2. Justification___Justification for using prior commercial item determination____
  3. Impact:____impact of current market conditions on previous determination___
  4. _____CO Signature/date_________
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13
Q

Far 16 Fair Opportunity Exceptions REF: FAR 16.505 (b)(2):

A
  1. L____Logical Follow on to an order already issued
  2. O__Orders under IDIQ *** SB Set asides______
  3. S____Satisfy a minimum guarantee______
  4. S_____Statute – authorized by statute_______
  5. U_____Urgent _______
  6. U______Unique – only 1 source capable____
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14
Q

7 items before exercising options: REF FAR 17.201

A
  1. $$_____Funds are available_______
  2. Need:_____Option fills an existing government need_________
  3. Advantageous:_____Exercising the option is the mOST advantageous mehod of fulfilling the govt need ( price and other factors considered)_______
  4. Synopsized:____Option was synopsized IAW Far Part 5_____
  5. SAM:_________KTR is eligible to receive award in SAM________
  6. Performance:_____KTRs performance on OTHER KTs has been considered________
  7. Performance:_________KTRs performance on THIS contract have been satisfactory______
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15
Q

2 kinds of data:

A
  1. ______Tech Data____________________

2. _______Computer Software_________

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16
Q

How do we determine level of data rights to pursue?

A
  1. Type:____Commercia/non-commercial____

2. Funding source:____Govt / mixed / private

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17
Q

8 types of data rights:

A
  1. U______Unlimited__________(tech data & software)
  2. GPR_Govt Purpose Rights_ (Tech data/software) : 5 year expiration then become unlimited rights
  3. LR :_____Limited Rights__________(tech data)
  4. RR:______Restricted Rights_____________(software licenses i..e MS Office)
  5. SNR:_____Specifically Negotiated Rights_________(tech data & Software)
  6. SC:_______Standard Commercial__________(software service agreements)
  7. SBIR:____Small Business Innovative Research_________ (tech data & software)
  8. Comm:___Commercial Rights________(tech data)
18
Q

What data rights can we get for data developed exclusively at private expense *** except Form FIT FUNCTION data or Operations, Maint, Installation and Training (OMIT) data for which we’ll have unlimited data rights?

A
  1. LR_____Limited Rights_________

2. RR___Restricted Rights__

19
Q

What data rights can we get for data developed with mixed funds?

A

1,__________Government purpose Rights___________

20
Q

What data rights can we get for data developed with exclusively government funds?

A
  1. ________Unlimited Rights__________
21
Q

5 times govt gets automatic unlimited data rights

A
  1. FFF_____when data refers to_Form Fit Function___
  2. OMIT____Operations, Maintenance, Installation / Training Tech data______
  3. Deliverable_____Data producted is specified as a performance element/KT deliverable______
  4. Prev_____data was previously provided to government without restriction______
  5. Correct______Corrections/changes to tech data ______
22
Q

Data rights challenge process

A
  1. A – KTR asserts that data should include restrictions
  2. V - -Acquisition team verifies /validates basis of assertion
  3. C - Clarification – government can request additional clarification
  4. C – Challenge – Government can challenge KTRs assertion
23
Q

4 part test for providing GFP

A

B____Best interest of the Government to provide GFP
B____Benefit outweighs admin burden / i.e. GFP disposal and accounting______
R____Risk isn’t substantially increased by providing GFP_____
R______Requirement cannot otherwise be met______

24
Q

What things are included in the contract file when GFP is provided?

A
  1. GFP Checklist (signed 1 level above CO)
  2. GFP Memo
  3. List of GFP Provided
25
Q

Wat is Better Buying Power (BBP)? ___Dod’s Mandate to Do More without More________
What are some elements of BBP ?

A
  1. _______Implements best practices to achieve efficiencies _____
  2. __Achieve affordable Programs____________
  3. _____ elminiate bureaucratic processes __________________
  4. ______Promote Competition__________
  5. _______Incentive Innovation______
26
Q

3 types of organizational conflicts of interest REF:

A
  1. unequal____Unequal Access______
  2. biased____Biased Ground Rules_________
  3. impaired________Impared Objectivitity__________
27
Q

How can we deal with conflicts of interest (4 ways) (REF: Far 3.11)

A
  1. _____Avoid_______
  2. _____Neutralize______
  3. ____Mitigate_________
  4. ______Waive___________
28
Q

4 protestable items: REF FAR 33.101

A
  1. S____Solicitation ___
  2. CX:____Solicitation Cancellation_____
  3. A_____Award___
  4. CX:____Cancellation/ termination of award___
29
Q

What are the labor Laws and when do they apply – Far 22:

A
  1. SCLS___Services kts Over $2,500________
  2. WRRS (formerly Davis Bacon)____Construction kts over $2,000_____
  3. W-H ___Non-commercial Supplies/materials over $15,000__
30
Q

What are elements of PNM and What is the purpose of a PNM? REF: FAR 15

A
  1. ______Description of acquisition_____
  2. ___People invovled_________
  3. ____Cost/pricing data obtained OR reason cost/pricing data wasn’t used________
  4. ______Summary of proposal____________
  5. ________Government’s negotiation objective__________
  6. _______Negotiated Price________
  7. ______Facts/influences used in PFR determination________
  8. Basis of PROFIT/FEE
  9. Documentation that Price IS Fair and Reasonable

PURPOSE:

    • OFFICIAL documentation of negotation
  • **** explains why Price is Fair and Reasonable
31
Q

Elements of a legal contract - KT Law

A
  1. LEGAL Capacity
  2. LEGAL – acts (kt is not for an illegal purpose
  3. Consideration
  4. Offer
  5. Acceptance
  6. Terms – clear/unambiguous terms
32
Q

What are the statuatory Profit percentages? REF: FAR 15.404

A
  1. For R&D____15_______%
  2. For A&E ____6___________%
  3. For All others ___10_____%
33
Q

What is the purpose of business/contract clearance?

A
  1. Ensure contract actions effectively implement ACQ Strategy
  2. Ensure acquisition resultes in FAIR / Reasonable Business arrangement
  3. Ensure acqusition is consistent with Laws/ Regs/Policies
  4. Provides independent review / assessment
34
Q

Fiscal restraints/Pillars

A

PURPOSE (Misappropriations act) – necessary expense
Not prohibited by law / not other wise provided for / logically related
TIME (BonaFide Need) AMOUNT (Antideficiency act)

35
Q

COLORS of MONEY and period of availability:

A 
3300 – MILCON - - -5 YEARS
3400 – O&M -- - 1 YeAR
3500 – MilPERS - -- 1 Year
3600 – R&D  --- 2 Years
3010 – 3080  - Procurement --- 3 Years
36
Q

What Documents are required in a UCA Authorization Package (IAW DFARS 217)

A
  1. Document why UCA is required
  2. Explanation why performance is required before definitization
  3. Adverse impact if performance is delayed
  4. Justify UCA and explain how Govt will mitigate risk
  5. ID / justify the contract action that will be used
  6. Funding limits
  7. Definitization schedule
37
Q

What documents are required before including GFP:

A
  1. D&F – BBRR
  2. GFP listing
  3. GFP checklist – signed 1 level above CO
38
Q

What is a contingent liability and give some examples

A
  1. _______a potential liability that may/may not come to fruition depending on a given situation____________
    a. ____REAs_______
    b. _____Award Fee Pools_________
    c. _____UCA_________
39
Q

When do you use the folowing clauses?:
Limitation of government’s obligation (LOGO)
Limitation of Cost (LOC)
Limitation of Funds (LOF)

A

Limitation of government’s obligation (LOGO): _____incrementally funded FFP / _limits ktr performance up to the funds available ___
Limitation of Cost (LOC):_Fully funded cost kts / USG not obligated to reimburse costs in excess of estimated cost _
Limitation of Funds (LOF): incrementally funded cost KTs / USG only pays up to amount obligated on kt

40
Q

What’s the objective of a source selection IAW FAR 15?

A
  • To obtain BEST VALUE
41
Q

What options are on the best value continuum IAW FAR 15.101?

A
  1. ___Tradeoff______(eval criteria – used when govt considers award to OTHER than lowest $)
  2. ____LPTA_______
  3. _______Value Added total adjusted price (VATEP)___(value of better perforamnace is quantified in soliciation)

COSG (2 decks)

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