Wealth Distribution Flashcards
FAR Parts 19, 22, 23, 25, 26, and 27
Wealth Distribution
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
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
Unlimited rights
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
the price of the lowest domestic offer is determined to be unreasonable by the CO.
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).
The Government should acquire only those rights essential to its needs.
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
Contract Work Hours and Safety Standards Act
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 Certificate issued by the SBA stating that the holder is responsible for the purpose of receiving and performing a specific Government contract.
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
below the micro-purchase threshold
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)
HUBZone, 8(a), women-owned, and service-disabled veteran-owned businesses with no order of preference.
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
Set-asides may be total or partial.
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
Any contract for public utility services.
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
750,000
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
two, fair market
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
micro-purchase threshold, simplified acquisition threshold
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
SAM.gov
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.
An end product manufactured in the United States if the product has undergone substantial transformation..
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).
Acquisitions under simplified acquisition procedures.
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
North American Industry Classification System
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
Apparently wholesome food
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.
Certificate of Competency
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
Assurances that the offeror will include the clause at 52.219-6.
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
Small Business Administration
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
Copeland (Anti-Kickback) Act
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)
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.
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
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.
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
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.
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
Contracting officer
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
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.
What does FEMP stand for?
Federal Energy Management Program
Federal Energy Management Products
Federal Environment Management Program
Federal Environment Management Products
FAR 23.103
Federal Energy Management Products
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)
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.
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
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.
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
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.
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
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.
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).
Form, fit, and function data of the software.