Week 1: FAR Parts 1-4; 23 - 25 Flashcards
The Chairperson of the CAA shall be the representative of _________.
Administrator of General Services
Which federal agency shall establish a FAR Secretariat to print, publish, and distribute the FAR through the Code of Federal Regulations and shall provide centralized administrative services and support for both councils?
The General Services Administration
What are agreements that are not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.
Unauthorized Commitments
What is the act of approving an unauthorized commitment?
Ratification
Contracting Officers are to be appointed in writing using what form?
SF 1402, Certificate of Appointment
What must be stated on the SF 1402, Certificate of Appointment?
Any limitations on the scope of authority to be exercised, other than limitations contained in applicable law or regulation.
Are expiration dates required for individual or class D&Fs?
Required for class D&Fs; optional for individual D&Fs
Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to:
- The diversity, size, or specialized nature of the elements of the performance specified;
- The aggregate dollar value of the award;
- The geographical dispersion of the contract performance sites; or
- Any combination of these factors.
Bundling
Why are Contractor’s arrangements to pay contingent fees for soliciting or obtaining Government contracts considered contrary to public policy?
Such arrangements may lead to attempted or actual exercise of improper influence.
White FAR Part outlines policies and procedures for improper business practices and personal conflicts of interest?
FAR Part 3
The type of signatory for a Contractor varies based on the type of corporate entity involved. How should a corporation sign a contract?
Contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to bind the corporation.
How long must a Contractor retain all records pertaining to a Government contract, beginning at the date final payment is made under the contract?
Three years
Which FAR Part outlines policies and procedures concerning environment, safety, and drug-free workplace?
FAR Part 23
Per 23.802(d), Offerors registered in SAM and received $7.5 million or more in Federal contract awards in the prior Federal fiscal year to:
(1) Represent whether they publicly disclose greenhouse gas emissions;
(2) Represent whether they publicly disclose a quantitative greenhouse gas emissions reduction goal; and
(3) Provide the website for any such disclosures.
Which Government Law (Act) requires that when an Agency contracts for the design, development, or operation of a system of records on individuals on behalf of the Agency to accomplish an Agency function, the Agency must apply the Act’s requirements to the Contractor and employees working on the contract?
The Privacy Act
Regarding the Privacy Act, can an Agency officer or employee be held criminally liable for violations of the Act? When the contract provides for operation of a system of records on individuals, contractors and their employees are considered employees of the agency for purposes of the criminal penalties of the Act.
Yes
Regarding the Privacy Act, is the system of records operated under the contract deemed to be maintained by the agency and is subject to the Act?
Yes
What is a consequence of an Agency, which within the limits of their authorities, fails to require that systems of records on individuals operated on their behalf under contracts be operated in conformance with the Privacy Act?
The Agency may be civilly liable to individuals injured as a consequence of any subsequent failure to maintain records in conformance with the Act.
May a proposal submitted in response to a competitive solicitation be made available to a person under a Freedom if Information Act (FOIA) request?
No
May a proposal, or any part of a proposal, that is set forth or incorporated by reference in a contract between the Government and Contractor that submitted the proposal be made available to a person under a Freedom if Information Act (FOIA) request?
Yes, the FOIA protections for proposals submitted in response to competitive solicitation do not extend to these proposals/part of proposals.
What are the most common exemptions to FOIA requests?
- classified information
- trade secrets
- confidential commercial or financial information
- interagency or intra-agency memoranda
- personal and medical records pertaining to an individual
Which Agency/Department may Authorized Agency officials contact if additional assistance is needed with FOIA requests?
The Department of Justice, Office of Information and Privacy.
Which statute restricts the purchase of supplies that are not domestic end products?
Buy American Statute
When may a foreign end product be purchased?
- purchase determined to be in public interest
- products offered for resale
- nonavailability of items
- price is determined to be unreasonable using a formal detailed in FAR 25.105
Which agreements waive the applicability of the Buy American statute for some foreign supplies and construction materials from certain countries?
Trade Agreements
Under which Act are only US-made end products or eligible products may be acquired?
Trade Agreements Act
