Wealth Distribution Flashcards

FAR Parts 19, 22, 23, 25, 26, and 27

1
Q

Wealth Distribution

A

FAR Parts 19, 22, 23, 25, 26, and 27

FAR Part 19 - Small Business Programs

FAR Part 22 - Application of Labor Laws to Government Acquisitions

FAR Part 23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

Part 25 - Foreign Acquisition

FAR Part 26 - Other Socioeconomic Programs

FAR Part 27 - Patents, Data, and Copyrights

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2
Q

Rights of the government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so, is called:

Unrestricted rights
Restricted rights
Unlimited rights
Limited rights
FAR 27.401

A

Unlimited rights

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3
Q

A foreign end product may be purchased under the Buy American Act if ________________.
the price of the lowest domestic offer is determined to be unreasonable by the CO.

the article is manufactured in South America.

the cost of the domestic components equals at least 25 percent of the total cost of all components.

the head of the agency approves the purchase.
FAR 25.103

A

the price of the lowest domestic offer is determined to be unreasonable by the CO.

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4
Q

When data is developed at private expense and that data is delivered to the Government, the Government should acquire what type of rights to it?

If it is cost effective, the Government should always negotiate for unlimited rights as this provides the most benefit to the Government.

The Government should acquire only those rights essential to its needs.

The Government cannot acquire any rights to data developed at private expense.

Prospective contractors usually must provide unlimited rights in data as a condition of the procurement, regardless of how the data was originally developed.
FAR 27.102(d) and FAR 27.406-1(c).

A

The Government should acquire only those rights essential to its needs.

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5
Q

This law states laborers and mechanics must be paid time and a half for overtime work (over 40 hours/week)?

Wage Rate Requirements statute

Kickbacks statute

Minimum Wage Act

Contract Work Hours and Safety Standards Act
FAR 22.403-3

A

Contract Work Hours and Safety Standards Act

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6
Q

A Certificate of Competency is:

A Certificate issued by the Contracting officer upon reviewing a small business concern and determining the concern is capable of performing a specific Government contract.

The Certificate by the small business concern stating its ability to perform a specific Government contract.

A Certificate issued by the Department of Labor upon reviewing a small business concern and determining the concern is capable of paying prevailing wage rates on a specific Government contract.

A Certificate issued by the SBA stating that the holder is responsible for the purpose of receiving and performing a specific Government contract.
FAR 19.601(a)

A

A Certificate issued by the SBA stating that the holder is responsible for the purpose of receiving and performing a specific Government contract.

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7
Q

The requirement for small business set asides generally does not apply to purchases:
made in September of each fiscal year

above the Truthful Cost or Pricing threshold

below the micro-purchase threshold

above the simplified acquisition threshold
FAR 19.502-2

A

below the micro-purchase threshold

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8
Q

The contracting officer shall consider _______________________.
HUBZone businesses before women-owned businesses.

HUBZone, 8(a), women-owned, and service-disabled veteran-owned businesses with no order of preference.

Women-owned businesses before HUBZone businesses.

Service-disabled veteran-owned small business sole source awards before servicedisabled veteran-owned small business set asides.
FAR 19.203(a)

A

HUBZone, 8(a), women-owned, and service-disabled veteran-owned businesses with no order of preference.

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9
Q

Which of the following is a true statement about small business set-asides?
The purpose of small business set-asides is to award certain acquisitions exclusively to women-minority, women-disabled small businesses.

Contracting officers may not reject SBA’s set-aside recommendations.

Small businesses are determined by gross rentable square footage.

Set-asides may be total or partial.
FAR 19.5

A

Set-asides may be total or partial.

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10
Q

The Service Contract Labor Standards includes which of the following statutory exceptions where it does not apply.

Any contract for janitorial services.

Any contract for nonseverable services.

Any contract for severable services.

Any contract for public utility services.
FAR 22.1003-3 and 22.604

A

Any contract for public utility services.

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11
Q

Solicitations to perform contracts or contract modifications that are expected to exceed ___________ ($1M for construction) for which subcontracting possibilities exist, require the apparent successful offeror/bidder to submit an acceptable subcontracting plan prior to award.
$700,000
$500,000
$750,000
$600,000
FAR 19.702

A

750,000

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12
Q

The contracting officer shall set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that- (1) Offers will be obtained from at least _________ responsible small business concerns; and (2) Award will be made at _________ prices.
seven, reasonable

three, average

four, cost-plus-percentage-of-cost

two, fair market
FAR 19.5

A

two, fair market

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13
Q

Each acquisition of supplies or services that has an anticipated dollar value above the _______________, but not over the ___________, shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.

Copeland (Anti-Kickback) Act threshold, Truthful Cost Or Pricing threshold

make-or-buy threshold, sale-of-goods threshold

micro-purchase threshold, simplified acquisition threshold

nano-purchase threshold, micro-purchase threshold
FAR 19.502-5

A

micro-purchase threshold, simplified acquisition threshold

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14
Q

Where can contracting officers find available contractors for activities related to disaster or emergency relief inside the United States and outlying areas?
FEMA.gov
SAM.gov
GSA.gov
Vendor Websites
FAR 26.205

A

SAM.gov

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15
Q

Under the Buy American statute, a domestic end product that does not consist wholly or predominantly of iron or steel or a combination of both means all the following, except:

An end product manufactured in the United States if the product has undergone substantial transformation..

An unmanufactured end product mined or produced in the United States.

An end product manufactured in the United States if the product meets the domestic content test.

An end product manufactured in the United States if the product is a commercially available off-the-shelf item..
FAR 25.001(c) and FAR 25.003.

A

An end product manufactured in the United States if the product has undergone substantial transformation..

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16
Q

The policies and procedures for trade agreements, including the World Trade Organization Government Procurement Agreement (WTO GPA), Free Trade Agreements, least developed country designation, the Caribbean Basin Trade Initiative, the Israeli Trade Act, and the Agreement on Trade in Civil Aircraft, do not apply to all the following, except:

Acquisitions set aside for small businesses.

Acquisitions under simplified acquisition procedures.

Acquisitions from the AbilityOne program.

Acquisitions of end products for resale.
FAR 25.400(a) and FAR 25.401(a).

A

Acquisitions under simplified acquisition procedures.

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17
Q

The NAICS Code stands for _______ Code:
New Age Industrial Category System

Native American Industrial Code System

North American Industry Classification System

Novel American Industrial Cross-reference Standards
FAR 19.102

A

North American Industry Classification System

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18
Q

What is food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions?
excess food
donatable food
wholesome food
Apparently wholesome food
FAR 26.401

A

Apparently wholesome food

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19
Q

A _____________ is the certificate used by the SBA stating that the holder is responsible (with request to all elements of responsibility) for the purpose of receiving and performing a specific government contract.
NAICS
Certificate of Competency
Contract
Solicitation
FAR 19.

A

Certificate of Competency

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20
Q

Some acceptable contents of a subcontracting plan include the following, except:
A description of the method used to develop the subcontracting goals.

The description of the method used to identify potential sources for solicitation purposes.

A statement of the total dollars planned to be subcontracted.

Assurances that the offeror will include the clause at 52.219-6.
FAR 19.704

A

Assurances that the offeror will include the clause at 52.219-6.

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21
Q

Which agency establishes small business size standards on an industry-by-industry basis?
Bureau of Economic Analysis

Small Business Administration

Agency for International

Development
Census Bureau
FAR 19.1

A

Small Business Administration

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22
Q

The __________ Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

Copeland (Anti-Kickback) Act

Contract Work Hours and Safety Standards Act

Wage Rate Requirements Statute

Minimum Wage Act
FAR 22.403-2

A

Copeland (Anti-Kickback) Act

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23
Q

This law provides that federal contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.

Wage Rate Requirements (Construction)

Contract Work Hours and Safety Standards Act

Minimum Wage Act

Kickbacks statute
FAR 22.404-1(b)

A

Wage Rate Requirements (Construction)

The correct law is the Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act.

This law mandates that federal contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works within the United States must include a clause ensuring that laborers and mechanics working directly on the site are paid no less than the locally prevailing wage rates, as determined by the Secretary of Labor.

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24
Q

Assume that the CO has rejected the SBA’s recommendation to set aside an acquisition.
proceed with full and open competition.

suspend action on the acquisition.

complete a fair and reasonable price determination.
complete an SBA

override signed by the next higher person in the CO’s chain of command.
FAR 19.502-8

A

proceed with full and open competition.
If the Contracting Officer (CO) rejects the Small Business Administration’s (SBA) recommendation to set aside an acquisition, according to FAR 19.502-8, the CO must:

Proceed with full and open competition after documenting the rationale for not accepting the SBA’s recommendation.
The regulation specifies that the CO must include the SBA’s written response and the CO’s rationale for rejecting the set-aside recommendation in the contract file. There is no requirement to suspend action on the acquisition or obtain an SBA override in this scenario. Therefore, the correct answer is to proceed with full and open competition.

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25
Q

What’s an example of managing water through water efficient means per Part 23?

Reducing agricultural water consumption

Installing high flow fixtures in new construction projects

Using tropical landscaping for a new build in a desert climate

Drinking from a reusable water bottle
FAR 23.202

A

Reducing agricultural water consumption
n example of managing water through water-efficient means per FAR 23.202 would be:

Reducing agricultural water consumption.

This aligns with the requirement to manage water usage efficiently, particularly in activities such as agriculture that have high water demands. The other options, like installing high-flow fixtures or using tropical landscaping in a desert climate, would not contribute to water efficiency.

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26
Q

Who determines the appropriate NAICS code(s) and related small business size standard(s) that is/are included in solicitations?

Contracting officer
SBA Procurement Center Representative
Program Manager
Agency Head
FAR 19.303

A

Contracting officer

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27
Q

Service Contracts valued in excess of ___________ must contain mandatory provisions regarding minimum wage and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates.
$2,000
$1,000
$1,500
$2,500
FAR 22.1002-1

A

2500

Service contracts valued in excess of $2,500 must contain mandatory provisions regarding minimum wage and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates, as per FAR 22.1002-1.

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28
Q

What does FEMP stand for?

Federal Energy Management Program

Federal Energy Management Products

Federal Environment Management Program

Federal Environment Management Products
FAR 23.103

A

Federal Energy Management Products

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29
Q

Which of the following is NOT true?
The government encourages the maximum practical commercial use of inventions made.

The government should be indemnified against infringement of US patents.

The government will refuse to award a contract on grounds that the prospective contractor may infringe a patent.

The government requires contractors obtain permission from copyright owners before including privately-owned work to be delivered under contract.
FAR 27.104(a)

A

The government will refuse to award a contract on grounds that the prospective contractor may infringe a patent.
he statement that is NOT true is:

“The government will refuse to award a contract on grounds that the prospective contractor may infringe a patent.”

According to FAR 27.104(a), the government does not refuse to award contracts based on potential patent infringement but rather encourages innovation and seeks appropriate indemnification or licensing where necessary.

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30
Q

The contracting officer must, to the extent practicable, provide maximum participation opportunity to all of the following EXCEPT:
Veteran-owned small business

HUBZone small business

Disabled-minority-owned small business

Service-disabled veteran-owned small business
FAR 19.2

A

Disabled-minority-owned small business
The contracting officer must, to the extent practicable, provide maximum participation opportunity to all of the following EXCEPT:

Disabled-minority-owned small business

The FAR focuses on veteran-owned, HUBZone, and service-disabled veteran-owned small businesses for specific participation and set-aside opportunities, but it does not specifically highlight “disabled-minority-owned small businesses” as a separate category in this context.

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31
Q

The Indian Incentive Program allows an incentive payment equal to __ percent of the amount paid to a subcontractor in performing the contract, if the contract so authorizes and the subcontractor is an Indian organization or Indian-owned economic enterprise.
2.5
10
5
3
FAR 26.102

A

5
The Indian Incentive Program allows an incentive payment equal to 5 percent of the amount paid to a subcontractor in performing the contract, if the contract authorizes it and the subcontractor is an Indian organization or Indian-owned economic enterprise.

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32
Q

All contracts subject to 41 U.S.C. chapter 65, (the statute), and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation (all the stock of which is beneficially owned by the United States) for the manufacture or furnishing of materials, supplies, articles, and equipment (referred to in this subpart as supplies) in any amount exceeding _______shall include or incorporate by reference the stipulations required by the statute pertaining to such matters as minimum wages, maximum hours, child labor, convict labor, and safe and sanitary working conditions.
$250,000
$2,500
$10,000
$15,000
FAR 22.6

A

15,000

Contracts subject to 41 U.S.C. chapter 65, which includes the Service Contract Act and the Walsh-Healey Public Contracts Act, and entered into by the entities mentioned, must include the required stipulations if the contract amount exceeds $15,000.

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33
Q

The basic clause at FAR 52.227-14, Rights in Data-General, enables the contractor to protect qualifying restricted computer software by withholding the data from the Government and instead delivering which of the following?

Algorithms of the software.

Processes, formulas, and flow charts of the software.

Source code of the software.

Form, fit, and function data of the software.
FAR 27.404-2(a) and FAR 52.227-14(a).

A

Form, fit, and function data of the software.

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34
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

What is the “big picture” for small business contracting and small business set-asides?

A

A small business set-aside means the government reserved a contract exclusively for small businesses. Only small businesses can submit a proposal and win the contract.

35
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

Is there a specific goal for how many contracts should be set aside for small businesses?

A

Yes, small businesses are supposed to receive about 23 percent of all eligible government contracts each year. Yet small businesses are not the only category eligible for contract set-asides. Other categories, which are subsets of the general category of small business, also have set-aside goals.

36
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

Can the government meet its set-aside goals by
“counting twice” for a company that qualifies as both a small business and some other category?

A

Yes, for example, a women-owned small business also qualifies as a small business. The women-owned small business can compete for contracts that are set aside either for small businesses or women-owned small businesses.
If the women-owned small business wins a contract that was set-aside for women-owned small businesses, the government counts that contract award towards both goals: small businesses and women-owned small businesses.

37
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

What are the other socioeconomic categories that receive special preferences in government contracting?

A

The variety of small business and socioeconomic categories can be overwhelming:

-small business (SB)

-veteran-owned small business (VOSB)

-service-disabled, veteran-owned small business (SDVOSB)

-women-owned small business (WOSB)

-economically disadvantaged, women-owned small business (EDWOSB)

-historically underutilized business zone small business (HUBZone)

-Small Business Administration’s 8(a) business development program (8a)

-small disadvantaged business (SDB)

38
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

How can my company qualify as a small business?

A

Small business has a very specific meaning in government contracting. Just because you consider your business to be a small business does not mean you are eligible for small business set-asides. Instead, small businesses are defined by their number of employees or revenue. Each small business set-aside contract will list a North American Industry Classification System (NAICS) code.

39
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

What is a NAICS code?

A

NAICS codes consist of six numbers. The government uses NAICS codes to classify companies and to track economic data. In government contracting, the NAICS code really matters in determining what standards a small business must meet to qualify for a small business set-aside contract. These NAICS code standards rely on employee count and average revenue.

The NAICS code determines the revenue or employee limitations that apply to that particular set-aside. For example, one NAICS code has an employee limit of 50. Another NAICS code has a revenue limit of $500 million.

40
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

How can I calculate my company’s revenue and number of employees?

A

The rules are subject to change by the Small Business Administration. The latest rule is calculate the average of the last 5 years of revenue. The previous rule was to calculate the average of the last 3 years of revenue.

You count your employees by finding the average number of employees per pay period of the last year. Prorate the number of pay periods and employees if your company is less than 1 year old. Distinguish employees from independent contractors (nonemployees like subcontractors or vendors) using the same factors that the Internal Revenue Service uses for taxation purposes.

41
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

How does the NAICS code relate to a small business set-aside?

A

Each NAICS code corresponds to a particular industry subset. For example, there is a NAICS code for computer hardware and a NAICS code for custom computer programming services.
There is also a NAICS code for management consulting. Your company can qualify as a small business under several different NAICS codes. Or your company may qualify under no NAICS codes if it exceeds all the relevant size and revenue standards. In contrast, the smallest companies may qualify under every single
NAICS code.

Your company is only a small business for government contract set-asides that designate the particular NAICS codes that qualify you as a small business. In other words, you must read each government contract set-aside, look for the NAICS code, and confirm that your company qualifies as a small business under that particular NAICS code.

If the set-aside contract specifies a NAICS code that qualifies you as a small business, you are eligible as a prime contractor. If the set-aside contract designates one of the NAICS codes that does not qualify you as a small business, you are not eligible.

Again, your company is a small business only under certain NAICS codes. The only way for.your company to be a “universal small business” under every NAICS code-with no possibility of being considered a large business-is if your company employee count and revenue are below every single NAICS code standard that exists.

42
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

Is there a recognized category of companies that do not qualify as small businesses, but are not “large” businesses?

A

No, there is no “medium-sized business” category in government contracting. You are either a small business or a large business. If you do not qualify under a specific set-aside and the associated NAICS code, you are a large business for that opportunity. It does not matter whether you qualify as a small business for any other opportunities.

43
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

Should my company stay small, or grow large?

A

Many companies choose to “stay small” by turning down government contracting opportunities or by hiring no extra employees.
Receiving set-aside contracts is such a tremendous advantage that many companies plan to remain small indefinitely. Other companies plan to be acquired or bought out by larger competitors once they reach a certain milestone.

44
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

What are the risks of growing from a small business to a large business?

A

The transition from a small business to a large business can be risky. Once you are no longer a small business, you compete with very large companies such as Boeing and Lockheed Martin.
Without the soft, warm embrace of small business set-asides, you face the cold reality of competition at the highest level of government contracting. This change can be abrupt within your business lifecycle. Plan ahead.

45
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

Who assigns my company its NAICS codes?

A

Nobody assigns a NAICS code or NAICS codes to your company. You self-assign your companyone or more NAICS codes. Your primary NAICS code should be whatever activity dominates or generates the most revenue for your business.
Although you can assert whatever NAICS codes you want, remember that competitors can challenge your status as a small business under a particular NAICS code.

46
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories.

What are the small business andsocioeconomic categories and whom do they benefit
?

A

VOSB: Veteran-owned small businesses are owned and controlled by veterans of the United States military. The policy purpose is to help veterans in government contracting.

SDVOSB: Service-disabled, veteran-owned small businesses are owned and controlled by veterans who have a documented disability resulting from their service in the US military. The policy purpose is to help service-disabled veterans in government contracting.

WOSB: Women-owned small businesses are owned and controlled by women, of course. The policy purpose is to help women in government contracting.

EDWOSB: Economically disadvantaged, women-owned small businesses are owned and controlled by women who qualify under certain wealthor income limitations. The policy purpose isto help relatively poor women in government contracting.

HUBZone: Historically underutilized business zone small businesses must be located in poor, underdeveloped, or damaged areas. The policy purpose is to increase employment opportunities, investment, and economic development in specific areas. You can research what areas qualify as HUBZones on the Small Business Administration website. You might be surprised at what areas qualify. For example, about one-half of Washington, DC qualifies as a HUBZone.

8(a) business development program: The name comes from Section 8(a) of the Small Business Act. The 8(a) program helps small disadvantaged businesses grow and compete in government contracting. The 8(a) company is eligible for procurement assistance, business consulting, financial assistance, and other advantages provided by the Small Business Administration.
The hope is that after years of this help from the Small Business Administration, the 8(a) company will be able to compete in the open market.

SDB: Small disadvantaged businesses are owned and controlled by socially and economically disadvantaged people. These standards are subject to change, such as the specific net worth and total assets limitations to qualify as economically disadvantaged. Socially disadvantaged individuals currently means people who have been subjected to racial or ethnic prejudice or cultural bias within American society because of their identities as members of groups and without regard to their individual qualities. The social disadvantage must stem from circumstances beyond their control. Currently, the Small Business Administration presumes that these groups are socially disadvantaged: African American, Native American, Asian-Pacific American, Subcontinent Asian American, and other groups specially designated by the Small Business Administration. People not clearly in these presumptive groups must prove their disadvantage by submitting evidence.

47
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

What are the Limitations on Subcontracting clauses?

A

When the government awards your company a contract, it wants your company to perform most of the contract. Your company cannot subcontract away too much of the work, depending on the situation. This simple principle is enforced by the Limitations on Subcontracting clauses. There are several versionsof this clause, and the clause operates differently depending on the specific type of contract, but this chapter provides the basics.

48
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

What is the policy goal behind the Limitations on Subcontracting clauses?

A

Small business set-asides are supposed to benefit small businesses. Women-owned small business set-asides are supposed to benefit women-owned small businesses. This policy is easy to understand.

If the government awards a small business set-aside but the small business subcontracts 90
percent of the work to a large company like Boeing, something is probably wrong. Boeing gets the benefit of the set-aside instead of the small business. For this reason, there are specific limitations on how much your company can subcontract if it receives a set-aside.

49
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

Is there more than one version of the
Limitations on Subcontracting clause?

A

Yes, there are several versions of the Limitations on Subcontracting clause. You must know which version of the clause is in your contract. Pay attention to the date at the end of the title of the clause. Over time, these clauses change.
Although the title may be the same, the substance of a clause can become different.

50
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

How much of the prime contract must my company perform when subject to one of the
Limitations on Subcontracting clauses?

A

Again, each version of the Limitations on
Subcontracting clause is slightly different.
There are differing percentage limitations and differing ways to calculate the percentage. Some calculate based on money paid to employees, some allow contractors to subtract the cost of materials, and some examine total contract values rather than company expenses. Generally, these Limitations on Subcontracting clauses prohibit your company from subcontractingaway more than 50 percent or one-half of the contract.

Sometimes the percentage limitation is greater than 50 percent. In those cases, your company can subcontract away more work. For example, construction contracts have more flexibility because it’s common for complex construction projects to have many different subcontractors.

51
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

Should my company’s teaming agreements consider the Limitations on Subcontracting clauses?

A

Yes, when your company negotiates and signs teaming agreements to work together with other government contractors, beware the Limitations on Subcontracting clauses. Beware companies that offer subcontractors to perform more than 50 percent of the work for set-aside prime contracts. Such companies may promise more than they can deliver.

Your teaming agreement exists between your
company and the other contractor, but the government may cause problems. If the government enforces the Limitations on Subcontracting against the prime contractor, the prime contractor may choose to violate the teaming agreement to satisfy the government.
Avoid messy situations by anticipating which version of the Limitations on Subcontracting clause will apply to the prime contractor.

52
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

Does the Limitations on Subcontracting clause apply to all government contracts?

A

No, the Limitations on Subcontracting clause does not apply to government contracts that are not set aside for small businesses. However, some similar limitations often apply to any other government contract.

53
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

What is the Limitations on Pass-Through
Charges clause?

A

The Limitations on Pass-Through Charges clause is similar to the Limitations on Subcontractingclause. The difference is that the Limitations on Pass-Through Charges clause can be inserted into government contracts that are not set aside for small businesses.

The similarity between the two clauses is that they both create strict limitations on how much work the prime contractor can subcontract. A second similarity is that both clauses enforce the government expectation that any company that receives a contract will perform a significant amount of the work.

54
Q

FAR PART 19, SMALL BUSINESS PROGRAMS

FAR Part 19 explains how the government encourages the award of prime contracts and subcontracts to small businesses and other socioeconomic categories

What is the policy goal for the Limitations on Pass-Through Charges clause?

A

The Limitations on Pass-Through Charges clause prevents a prime contractor from getting the government to pay for the middleman. In this discussion, the “middleman” does not provide value and collects fees only by connecting the government to a lower-tier subcontractor.

The government expects subcontracting, but it does not want to pay excessive fees to middleman government contractors. This is the purpose of the Limitations on Pass-Through
Charges clause.

Always read the specific language of this clause, but it generally requires the prime contractor to report to the contracting officer if any subcontractor will perform more than 70 percent of the work. It also requires a report if any lower tier subcontractor will perform more than 70 percent of the work of the higher tier subcontractor.

The Limitations on Pass-Through Charges clause prohibits the government from paying
“excessive” pass-through charges. The trigger for investigating whether pass-through charges are
“excessive” is any subcontract for more than 70
percent of the work.

You must distinguish between the threshold for notification (70 percent) and the prohibition on paying “excessive” pass-through charges.
“Excessive” is a relative and subjective term. The government contracting officer will determine whether the pass-through charges are excessive.

Sometimes the government will pay pass-through charges if the contracting officer determines they are not excessive.

55
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

What is the Service Contract Act?

A

Note: The Service Contract Act was renamed to the Service Contract Labor Standards. We will use the original name of the Service Contract Act (SCA). The SCA is a law passed by Congress that applies to certain government contracts that use
“service employees.”

56
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

Under the SCA, what is a service employee?

A

The SCA has a misleading title, which sounds like it applies to any contractor employee performing services. However,
“service employee” has several exemptions, including certain executive, administrative, or professional employees. For example, most white-collar, knowledge-based services (KBS) are exempt under these exemptions.

57
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

What are some examples of service employees that are covered by the SCA?

A

Some examples of services covered by the SCA include:

Cafeteria and food services
Janitorial and custodial services
Trash removal
Landscaping
Warehousing or storage
Guard and watchman security service
Laundry and dry cleaning
Packing and crating
Parking services

58
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

Does the SCA apply to contracts that are not government contracts?

A

No, the SCA applies only to certain contracts issued by the United States federal government and the District of Columbia.

59
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

How does the SCA protect these service employees?

A

The SCA requires your company to pay these employees the prevailing wages and benefits in the local region. The Department of Labor issues a wage determination that defines the minimum level of wage you must pay these workers to satisfy the “prevailing wages.” In some contracts above a certain dollar threshold, the SCA also requires your company to pay overtime of 150% of the worker’s regular pay rate for any hours worked beyond 40 hours in a workweek. In this way, the SCA prevents contractors from undercutting the wages and benefits of its service employees.

60
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts.

What is the Davis-Bacon Act?

A

Think of the Davis-Bacon Act (DBA) as a variation of the SCA used for government contracts for construction. While the SCA protects service employees, the DBA protects construction workers on certain government contracts.

61
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

How does the DBA protect construction workers on certain government contracts?

A

Like the SCA, the DBA requires your company to pay covered employees the prevailing wages and benefits in the local region. Once again, the Department of Labor determines the prevailing wages and benefits for the local region. In some contracts above a certain dollar threshold, the DA also requires your company to pay overtime of 150% of the worker’s regular pay rate for any hours worked beyond 40 hours in a workweek.

62
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

What is the Walsh-Healey Public Contracts
Act?

A

Think of the Walsh-Healey Public Contracts Act
(PCA) as a variation of the SCA used for government contracts for manufacturing, or for furnishing materials, supplies, articles, or equipment.

63
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

How does the PCA protect these manufacturing, materials, supplies, articles, or equipment employees?

A

Unlike the SCA and DBA, the PCA does not use a prevailing wages analysis. Instead, the PCA requires your company to pay covered employees the federal minimum wage from the Fair Labor Standards Act (FLSA) and overtime pay of 150% of the regular pay rate for any hours worked beyond 40 hours in a workweek. The PCA also sets certain safety and health standards for your covered employees.

64
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

What do the Service Contract Act, Davis-Bacon, and Walsh-Healey laws have in
common?

A

Each of these laws, applicable to certain government contracts, protect American workers by setting standards for wages, benefits, safety precautions, or work schedules.
SCA protects contractors qualifying as service employees. DBA protects contractor employees in construction and related activities. PCA protects contractor employees in manufacturing, materials, supplies, articles, or equipment activities.

65
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

When my company hires subcontractors, what happens if the subcontractors violate the SCA, DBA, or PCA?

A

As the prime contractor, you are responsible for compliance or noncompliance of your subcontractor. Now you know one more reason to screen and monitor your subcontractors thoroughly when they perform federal contracts.

66
Q

FAR PART 22, APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

FAR Part 22 prescribes policy for the implementation of labor laws in government contracts

Why should government contractors be concerned about compliance with the SCA, DBA, and PCA?

A

Violating any of these worker-protection laws can result in steep fines, protracted audits, payment of back wages or benefits, or other problems for your company. Ignorance is noexcuse. Your employees can report suspected
certain types of services, construction, or
violations to the Department of Labor, which can
manufacturing, you need to hire expert
also perform random audits of your company at any time.
If your government
contract
involves
professional help to keep your company compliant. Do not try to “figure it out yourself” —that would be a grave mistake.

67
Q

FAR PART 23, ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

FAR Part 23 explains environmental, drug, and safety policies for government contractors.

What does “progress” mean to Congress regarding contracting policy?

A

Congress demonstrates a familiar pattern in federal contracting policy. Congress passes a law to advance some political agenda. Federal agencies implement this law by creating or revising a regulation in the FAR, often a standard contract clause. Federal contractors comply with the standard contract clause from the FAR if it is found within their contracts. At the end of this exercise, Congress declares victory because there is a new FAR clause that contracting officers are supposed to insert into federal contracts.
“Progress!”

68
Q

FAR PART 23, ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

FAR Part 23 explains environmental, drug, and safety policies for government contractors

Is the FAR clause that requires contractors to
ban texting while driving an example of this
“progress?”

A

Definitely. Congress “solved” the dangerous problem of texting on a cell phone while driving.
Everyone agrees that distractions during driving are dangerous. Texting is a common distraction.
So, Congress passed several laws against texting and driving. One of these laws is implemented into a standard contract clause in the FAR that requires federal contractors to ban their employees from texting while driving on duty.
“Progress!”

69
Q

FAR PART 23, ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

FAR Part 23 explains environmental, drug, and safety policies for government contractors

What is the government’s policy on federal contractors having a drug-free workplace?

A

Most government contracts require inclusion of the Drug-Free Workplace clause. You should modify your company’s Contractor Code of Business Ethics and Conduct to comply, verbatim, with the Drug-Free Workplace clause. Read more about this code in FAR Part 3, Improper Business Practices and Personal Conflicts of Interest.

70
Q

FAR PART 23, ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

FAR Part 23 explains environmental, drug, and safety policies for government contractors

Should I modify my Contractor Code of Business Ethics and Conduct to comply with the ban on texting while driving?

A

Yes, you should. While we are on the topic, you should modify or supplement your Contractor Code of Business Ethics and Conduct to comply with all such FAR clauses. Consider your code to be the “one stop shop” to comply with several different FAR clauses.
If the FAR clauses require or forbid certain behavior from your employees, find a way to write it into your Contractor Code of Business Ethics and Conduct. Make your employees read and sign the Code. Hire a professional to provide training, compliance, and oversight for your company’s Code.

71
Q

FAR PART 25, FOREIGN ACQUISITION

FAR Part 25 prescribes policy for acquiring foreign supplies, services, and construction materials, as well as policy for contracts performed outside the United States.

Are the rules different for government contracts performed outside the United States?

A

yes

72
Q

FAR PART 25, FOREIGN ACQUISITION

FAR Part 25 prescribes policy for acquiring foreign supplies, services, and construction materials, as well as policy for contracts performed outside the United States.

Are there special rules for government contracts for foreign supplies, services, and construction materials that are used by the United States?

A

Yes

73
Q

FAR PART 25, FOREIGN ACQUISITION

FAR Part 25 prescribes policy for acquiring foreign supplies, services, and construction materials, as well as policy for contracts performed outside the United States

Are there special rules for government contracts performed in war zones?

A

Yes, and some other names for these contracts are contingency operations or contingency contracts.

74
Q

FAR PART 25, FOREIGN ACQUISITION

FAR Part 25 prescribes policy for acquiring foreign supplies, services, and construction materials, as well as policy for contracts performed outside the United States

What are some of the laws or regulations discussed or implemented in FAR Part 25?

A

Buy American Act (BAA)
Trade Agreements Act (TAA)
International Traffic in Arms Regulation (ITAR)

75
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act.

Why are these socioeconomic programs not in
FAR Part 19, Small Business Programs?

A

Great question! I have no idea. It seems like the socioeconomic programs in FAR Part 26 are like the socioeconomic programs found in FAR Part 19, Small Business Programs. For some reason unknown to me, the programs in FAR Part 26 have their own section. Perhaps they should be consolidated into FAR Part 19.

76
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

What is the Indian Incentive Program?

A

The Indian Incentive Program encourages prime contractors to issue subcontracts to Indian organizations and Indian-owned economic enterprises. The policy goal is to help the American Indian communities by stimulating economic activity (in the form of government contracting).

77
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

How does the Indian Incentive Program work?

A

If your prime contract includes the clause for the Indian Incentive Program, your company receives a payment equal to five percent of the amount paid to a subcontractor that qualifies as an Indian organization or Indian-owned economic enterprise. In this way, the prime contractor gets “bonus money” for awarding subcontracts to Indian organizations or Indian-owned economic enterprises. The “bonus money” is equal to five percent of the amount paid to the eligible subcontractor.

78
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

Who pays the prime contractor for subcontracting to Indian organizations or
Indian-owned economic enterprises?

A

The federal government pays the five percent
“bonus money” to the prime contractor after receiving, evaluating, and approving the request from the prime contractor.

79
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

What is the Robert T. Stafford Disaster Relief and Emergency Assistance Act?

A

The Robert T. Stafford Disaster Relief and Emergency Assistance Act is also called the Stafford Act. Such natural disasters as earthquakes, hurricanes, and tornados destroy property, people, and also economic prospects for the affected locality. The Stafford Act encourages government contracting in these major disaster or emergency areas so that the local community can rebuild and revive its local economy.

80
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

How does the Stafford Act encourage government contracting in major disaster or emergency areas?

A

The Stafford Act allows the contracting officer to establish a preference for local companies, individuals, and organizations to win federal contracts for disaster or emergency response activities. For example, contracts for debris clearance, distribution of supplies,
or reconstruction all qualify as emergency response activities.

81
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Ac

What kind of preference does the Stafford Act provide for local companies?

A

There are two types of preference under the Stafford Act: evaluation preference and set-asides. An evaluation preference means that local companies get a higher evaluation rating because they are local, providing them a distinct advantage in competitive contracts.
A local area set-aside is much stronger and means that only local companies are eligible for the contracts, reserving the contracts exclusively for local companies. When using an evaluation preference, nonlocal companies can win the contracts. When using a local area set-aside, nonlocal companies are barred from the competition.

82
Q

FAR PART 26, OTHER SOCIOECONOMIC PROGRAMS

FAR Part 26 explains the Indian Incentive Program and the Stafford Act

What qualifies as a major disaster or emergency?

A

Any area included in an official Presidential declaration of a major disaster or emergency.
The Department of Homeland Security (DHS) can also identify areas as eligible for Stafford Act preferences.

83
Q
A