CORB Study Guide

What is an organizational conflict of interest? Give an example.

1. Individual (PCI) 2. Organizational (OCI); Individual COI is like owning stocks in a company. Two parts to an OCI. First, an existence of a role that might be bias to contractor's judgment. Second, Preventing unfair competitive advantage.

What is an unauthorized commitment? What steps do you take in evaluating, processing and approving an unauthorized commitment?

An unauthorized commitment is $$ committed by an individual who did not have the authority to obligate the $$. To approve a UC, you will need to go through the ratification process. Unauthorized commitments violate federal law, federal regulations, and the Government-wide Standards of Conduct for Federal Employees, and the DFARS. Ratification. Cases that cannot be ratified under FAR 1.602-3 may be subject to resolution as authorized by FAR Subpart 33.2, Disputes and Appeals.

When is a fiscal law review required? When should you request one?

Contracts that cross fiscal years or during the ratification process. If you suspect a violation fiscal rule such as the Bona fide need or to prevent an ADA violation. an opinion that an action is not legally sufficient has a significantly different impact than suggesting that it is not a good idea and accordingly, contract lawyers must differentiate legal opinion from business counsel for themselves and their clients?

Explain the difference between an offeror's experience and an offeror's past performance

Experience details work that the contractor has done in scale and scope. Past performance is a report of how well they did. Performance can be obtained by CPARS, Past Performance Retrieval System (PPIRS), and surveys.

Why is it important not to purchase personal expense items with US Government funds?

It is unethical and It erodes the trust between government officials and taxpayers. For example, statutes prohibit the government from giving its staff free food because "government salaries are presumed adequate to enable employees to eat regularly." They also ban most entertainment expenditures.

In response to a solicitation, you received a proposal from the Widget Company to provide 10,000 high-strength plastic widgets. In order to take advantage of a economic quantity price break, the Widget Company needs to place an order immediately with their high-strength plastic vendor. The Widget Company's Contract Administrator contacts you, as the KO, and explains the situation. The Contract Administrator knows that you won't have the money to award the contract until after 1 Oct and explains that if you can give her a letter stating that contract award is imminent; her manager will allow her to order the high-strength plastic at a substantial savings. Your customer's leadership (the BDE Commander) thinks this is a great idea and encourages you take advantage of this opportunity ASAP. Would you issue the letter? Why or why not?

No! If you issue the letter you are authorizing expenditures in excess of available funds. An ADA Violation

When do you perform market research, why is it necessary, and how is it documented? Describe some of the market research techniques. FAR PART 10. MR is necessary because competition will drive down prices and improve contract quality. MR is documented via MRF and uploaded to the PCF File.

We always perform market research. There two types. 1. Strategic (Big picture, ongoing) 2. Tactical (focused and detailed). The purpose of market research is to Define Market Segments, Develop a view of basic market data, understand value chain and cost drivers, ID market competitive dynamics, and review external best practices. The primary method of market research is: industry experts, RFis, industry days, one on one interactions, interviews, and industry engagements. Secondary sources are general news sources, net search, industry publications, wall street analyst reports, and government database/tools. The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience? The contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant. FAR 10.002(b)(1). FAR PART 10. As defined in the Federal Acquisition Regulation (FAR 2.101) means; collecting and analyzing information about capabilities within the market to satisfy agency needs. A more elaborated definition of the concept is that "Market research is a continuous process for gathering data on product characteristics, suppliers' capabilities, and the business practices/trends that surround them -- plus the analysis of that data to make smart acquisition decisions." To understand the subject of market research we must begin within its definition of being described as a "continuous process for gathering data." That process takes shape from both a strategic and a tactical vantage point. Strategic market research is that overarching process of market "surveillance" that will take place continuously throughout the entire acquisition lifecycle. From the early stages of the Materiel Solution Analysis Phase through to the final steps in the Operations and Support Phase; acquisition workforce members in all disciplines are engaged at varying degrees of market research to remain knowledgeable in market developments that may meet government requirements. The tactical side of market research is the market "investigation" layer of the process. Again this is ongoing throughout the acquisition lifecycle as well; however the difference is in its focus and scope. In the tactical market research environment, we may periodically find ourselves faced with a specific challenge that requires a focused effort to find a plausible, timely, and affordable solution. These are relatively short in duration; an investigative market research event that may take place at multiple times during any phase of the acquisition cycle but is focused on finding a state of the current solution that will work now. Market research is mandated for every acquisition, as governed by FAR Part 10, and is intended to help: •Discover prevailing industry practices •Identify the availability (if any) of commercially available solutions •Identify customary industry terms, conditions, and warranties •Understand distribution and logistics capabilities •Uncover historical acquisition information •Ensure maximum competition •Reveal pricing information

What can you use to determine price fair and reasonable for a commercial item?

[Note: In accordance with FAR 12.209 - Determination of Price Reasonableness, Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller's liability, quantities ordered, length of the performance period and specific performance requirements.] ▪ Comparison of proposed prices received in response to the solicitation▪ Comparison of proposed prices to historical prices paid▪ Parametric estimating methods/application of rough yardsticks ▪ Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish reasonableness of price▪ Comparison of proposed prices with IGE▪ Comparison of proposed prices with prices obtain through market research▪ Analysis of pricing information, other than certified cost or pricing data, provided by the offeror▪ Contracting Officer personal knowledge of item being purchased▪ Any other reasonable basis

Appropriated funds are subject to what three basic fiscal constraints?

▪ Time. Period of Availability (e.g., O&M is 1 year) and Bona fide need (e.g., services is generally when services are performed)▪ Purpose. Funds expended for the purpose established▪ Amount. Funds cannot be obligated in excess of the appropriation amount established

As Contracting Officer, you have a unique role when it comes to representing the United States of America. Please take a minute or two to describe this unique role, paying particular attention to your allegiance to the US Government versus the contractor in decisions regarding tax-payer dollars.

"Contracting officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contracting officer does not— (1) Require that a duty be performed at a particular office or activity; or (2) Restrict in any way a contracting officer in the performance of any duty properly assigned.

Explain the difference between suspension and debarment. FAR 9.4

-Suspension occurs when the agency acts under Federal Acquisition Regulation FAR 9.407 (and other applicable statutes, Executive orders and regulations) to temporarily disqualify a contractor from doing business with the federal government. A suspension action can cause a contractor to be ineligible to do business with the government for a temporary period pending the completion of an on-going agency investigation. The level of proof is less for a suspension ("adequate evidence") than for a debarment. Immediate Need; A temporary measure; there is a 12-mo month limit; Usually used pending the completion of investigation or legal proceedings; Based upon adequate evidence, usually an indictment -Debarment, on the other hand, is when the contracting agency pushes to exclude government contractors from contracting or subcontracting with the federal government for a specified period. The period of debarment is usually three years. Being placed on the debarment list under FAR 9.4 can result from a criminal conviction, being found liable for civil action, environmental violations, contract fraud, forgery or simply poor performance and providing false statements to the government.

Once all receivables have been delivered/completed and verified by the customer/COR, the ACO or KO reviews the contract files for remaining closeout actions. Why is contract closeout so important? What actions need to be taken in closeout? Closeouts is required per FAR 4.804, it is necessary to ensure all actions under contract are complete, final payment is processed, and left-over funds are deobligated.

1. Required deliveries completed and accepted by the GOV. 2. All services performed and accepted by GOV. 3. All option provisions if any expired. 4. GOV gives the contractor notice. Past performance evaluation (if required). Completion settlement and final voucher submitted. Second, release of claims signed. DD 1594 Contract Completion Statement and 1597.

Who is the "responsible Government Audit Agency" for the Department of Defense, and what is their role and responsibility?

42.101 -- Contract Audit Responsibilities. The Defense Contract Audit Agency (DCAA) is the responsible Government audit agency (other than educational institutions and nonprofit organizations).

One of your specialists is new to contracting policies and procedures and asks you to explain a "D&F". How would you describe a D&F?

A D&F is Written approval by an authorized official that is required by statue or regulation as a prerequisite to taking certain contract actions. A D&F is composed of two parts: (1) a determination that sets forth a conclusion or decision, and (2) findings that are statements of fact or rationale essential to support the determination and cover each requirement of the statute or regulation. Definition: "Determination and Findings" means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The "determination" is a conclusion or decision supported by the "findings.'' The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation.

Your contract requires a modification. Address the different types of modifications that could be executed. Describe the steps you would take in executing the modification and include in your discussion the different modification authorities and what documentation would be necessary to support the modification action.

A D&F is a prerequisite for modification, extension, and ratification. Change Order: Any written change in the terms and scope of the contract. These changes can be in the specifications, drawings, designs, method of packaging or shipment, time or place of delivery, and quantity or type government provided material. Unilateral order signed by the KO (Based on the changes Clauses) Quantities may not be unilaterally adjusted by the changes clause. Commercial contras cannot be changed unilaterally. Changes cannot exceed limitation of costs and funds and must be within the scope of the contract. Three things needed to execute an option: 1. Need 2. Funds available 3. Option is advantageous to the GOV Administrative Change: Unilateral changes not affecting substantive rights of the parties. These changes to paying office, name of KO, contracting office. Etc. Constructive Change: occurs when the contract work is actually changed but the procedures of the change clause have not been followed. Same effect as a formal change order. An increased burden of the contractor is compensable. Example, contractor fails to complete project with in the specified date and time, and the government allows work to continue without approval. Bilateral changes are treated as a sole source and require a J&A How do you determine whether or not a change is within scope? The FAR itself does not provide a definition of "scope." Instead each determination is made on a case-by-case basis. Over the years the GAO and the federal courts have articulated a number of factors that can guide the Contracting Officer's scope determination. The primary consideration is whether a potential offeror (in the original procurement) would have reasonably anticipated that this type of change would occur. To quote the U.S. Court of Appeals for the Federal Circuit (in AT&T Communications, Inc. v. Wiltel, Inc., 1 F.3d 1201 (Fed. Cir. 1993)) the question is "whether the solicitation for the original contract adequately advised offerors of the potential for the type of changes during the course of the contract that in fact occurred, or whether the modification is of a nature which potential offerors would reasonably have anticipated." In 2012 the Court of Federal Claims (in American Apparel, Inc., v. U.S., No. 12-293 C) reviewed the facts in a number of cases and summarized some questions that the Contracting Officer should consider in making the determination of whether potential offerors could reasonably have anticipated the change: · Does the modification substantially change the type of work, performance period and costs as between the original contract and the modified contract? · Is it essentially the same performance or not? · Is there a lack of resemblance to the original procurement? · Is there a significant addition or subtraction of the quantity of work? · Is there additional time spent on performance of the contract when such time is extended in order to add significantly more quantity or new requirements to the contract? These examples are not all-inclusive, so we encourage you to consult with your legal counsel on your specific situation.

What is the difference between a Delivery Order and Task Order?

A Delivery Order is used for the delivery of supplies while a Task Order is used for the performance of tasks (i.e., services).

You are a contracting officer and one of your customers has requested you execute a Fiscal Year end purchase; however, funds are not yet available. His Commander has told him to request that you execute the purchase anyway as funds will be available and that Commander would so state in writing. How would you proceed with this particular commodity procurement?

A certification of funds availability from the Resource Manager is necessary and not the Commander. This could lead to an Anti-Deficiency Act violation.

Discuss the differences in FAR Part 12 commercial procurement and non-commercial procurement (FAR 14, 15) (for procurement not using FAR 13.5, commercial test procedures).

A noncommercial item cannot be purchased using FFP. DoD Source Selection Procedures are not required for FAR Part 12 Streamlined Acquisitions Procurements of commercial items are more streamlined and less burdensome on the contracting officer in that they are subject to a set of simplified acquisition procedures set forth in FAR Part 12 (or Part 8). In noncommercial item acquisitions, contractors are subject to three highly burdensome requirements: 1) the FAR's cost principles, 2) the Cost Accounting Standards, and 3) the Truthful Cost or Pricing Data Act. Cost principles, as governed by FAR Part 31, define what costs can be recovered under a government contract. Before a cost can be charged to the government, it must be 1) allowable, 2) reasonable, and 3) allocable. The Cost Accounting Standards require contractors to maintain a particular type of accounting system and delineate how to account for certain types of costs. The Truthful Cost or Pricing Data Act requires vendors to submit certain cost or pricing data if the contract is expected to exceed $750,000 so that the contracting officer may make a price reasonableness determination. As part of complying with this statute, contractors must submit a certificate attesting to the validity of prices and representations to the government.

What is the difference between and Agency Protest and a GAO protest?

An Agency protest stays within the agency, where a GAO protest goes to the Government Accounting Office. A timely written objection to the agency or GAO by an interested party (10 days after contract award or 5 days after a debrief). Three types of protests. 1. Agency 2. GAO 3. Fed Claims Court. Rule 4: The agency shall submit a complete report to the GAO within 30 days that a protest has been filed or within 20 days after receipt under the express option. The GAO issues its recommendation on a protest within 100 days from the date of filing of the protest with the GAO or within 65 days under the express option.

A legally binding contract must contain what elements?

An offer and an acceptance. 1. Component Parties (capacity, competence, and Authority) 2. Mutual Assent (binding offer, valid acceptance, and meeting of the minds) 3. Consideration (the bargained for legal value of the deal) 4. Certainty of terms (the contract must be unambiguous) 5. Lawful purpose (Violations of the law will not be enforced)

How would you define depth and breadth of an offeror's experience to be included in a solicitation/evaluation?

Breadth of experience reflects the Offeror's experience in performing the full range/all of the efforts required. Depth of experience reflects the magnitude, significance, and applicability/relevance of the Offeror's experience in performing each of the efforts required. An offeror's past performance should only be included if it is similar in nature to the new solicitation that is being evaluated. It could be the qualifications/certification that the offeror has or previous/relevant work that the offeror had completed.

How do you determine what clauses to include in a solicitation / contract?

By using the Clause Matrix in FAR 52.3 Provisions and clauses Matrix and incorporating clauses as directly by local policies. It depends on the contract type (Commercial vs. noncommercial), If the contract has option years, Inclusion of GFP, OCONUS Contracts. FAR Clause 52.222-50, "Combating Trafficking in Persons" is required in all solicitations and contracts? See FAR 22.1705(a). The KO shall insert FAR Clause 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, in solicitations and contracts for services to be performed on Government installations?

The COR has noticed that the contractor may be acquiring "Contractor Acquired Property" (CAP) that was authorized for purchase in the contract. The contractor reportedly told the COR that they were not tracking the purchase or the location, etc., of the property because they (contractor) purchased it, not the Government. What would you do in this instance?

CAP is not required to be recorded by DoD until it is delivered to DoD. (45.101). CAP becomes GFP at the conclusion of the contract.

As a contracting officer, you are responsible for ensuring the funds proposed for use on the contract are appropriate not only in amount, but also proper appropriation and availability with respect to time (e.g., year of expiration, expiration, etc.). Please tell me how you determine this by looking at the "fund cite". Funding Codes

Colors of money: Procurement 3 years, RDT&E 2 years, O&M 1 year, MILPERS 1 year, MILCON 5 years. The first two digits are the component (21: Army, 57: AF), the next digit is last of the appropriated year (7 for 2017). The next four digits are the type of procurement (2020 is O&M 1 year money and 2031-2035 is appropriations money 3 year money) The last four digits are the DODAC

How would you mentor a new Contract Specialist (recent intern graduate) that has been assigned to your team? What tools would you provide to your specialist in accomplishing their duties? What tools do you use in accomplishing your duties?

Conduct an Initial counseling that covers duties and expectations. Set goals and priorities. Review and approve their Individual Development Plan (IDP), Assign a coach and mentor. I would mentor a new CS assigned to my team by helping them through a common SAT purchase, explaining the steps and procedures involved. I would show them local SOPs, Policy Letters, PCF, SAM, FARsite, and WAWF.

What is the difference between price and cost analysis?

Cost analysis is certified cost and pricing data and price analysis is done every time. Cost realism is required for all cost type contracts. CPA is required over the TINA threshold of $750K. A "price analysis" will be the usual procedure followed in a competitive situation and in situations where items are being procured which are sold in the commercial marketplace to the general public. A "price analysis" is an evaluation of the offeror's price relative to the prices being offered by other vendors and being paid by the general public for the same or similar items. The essential factors, which must be present in order to make a "price analysis," are as follows: •The product must be a "commercial product" (i.e., one for which there is a basis of comparison in the commercial marketplace). Price analysis would not be suitable, for example, for research and development items, or for one-of-a-kind items for which there was no basis of comparison. •It is not necessary that competing products be exactly identical to the product being offered, but you must be able to compare the products' capabilities and their respective price differences in light of those varying capabilities. By such comparisons one is able to make value judgments that a particular product's performance capabilities warrant a higher or lower price than a competing product. A "cost analysis" will be required whenever a price analysis cannot be performed. A cost analysis entails the review and evaluation of the separate cost elements and the proposed profit of an offeror's cost proposal. A cost analysis is conducted to perform an opinion on the degree to which the proposed cost, including profit, represents what the performance of the contract 'should cost', assuming reasonable economy and efficiency. A cost analysis will be appropriate in the following situations: •The product or service being offered is not susceptible to being evaluated against other commercially available items of similar products or services. Examples would include a procurement for professional services where no competing price proposals are submitted, as in a procurement for architectural-engineering services where only one cost proposal is solicited from the highest ranking firm, or a sole-source procurement for other types of services. •When change orders are issued to contracts requiring the contractor to do work whose cost can only be evaluated by examining the various cost elements, such as labor, materials, travel, etc

You are a PCO and a new trainee comes to you seeking advice. She says she just had a conversation with the resource manager who referred to funds categorized by status as either active, expired, or cancelled. She doesn't understand the differences. Can you explain the differences between the 3 status categories?

Current- money available for new obligations that has not yet expired under the terms for that appropriation, i.e O&M is 1 year, MILCON is 5 years, procurement is 3 years Expired-Money whose availability has expired for new obligations, but are available to make adjustments and liquidate previous obligations (2-6 years) Canceled: Money that is no longer available for any purpose (After 6 years)

With respect to subcontracting, what is "eSRS" and why is it important?

Electronic Subcontracting Reporting System (eSRS) provides the government with insight as to how its contracting dollars are being distributed among small and disadvantaged businesses. This authoritative source of subcontracting information provides government users the ability to generate reports and creates higher visibility and increased transparency into subcontracting accomplishments across the government.

In large construction/service contracts involving FAR Part 15 source selection procedures, what are the major responsibilities of the Source Selection Authority (SSA)?

Ensure proper and efficient conduct; appoint chairpersons for the Source Selection Evaluation Board (SESB) or Source Selection Advisory Council (SSAC) when used ( greater than $100M); ensure Source Selection Team (SST) members are knowledgeable of procedures; ensure SST members have requisite experience, skills and training; ensure realistic source selection schedules are established; ensure all involved are knowledgeable about the Procurement Integrity Act; make determination to award w/o discussions or enter into negotiations; select the proposal that offers the best value and document the rationale in the Source Selection Decision Document.

Why is inspection and acceptance important to the Government?

FAR 46.5 Risk of loss of or damage to supplies shall remain with the contractor until, and shall pass to the Government upon Delivery or Acceptance. After 30 days without rejection, it is considered accepted by the GOV. The KO wants to ensure the COR inspects all received supplies and services to ensure we get what we ordered and are good stewards of the taxpayers money. To prevent fraud, waste and abuse. It is part of the quality assurance.

If a contractor is included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, what are the rules on continuation of current contracts with the contractor?

FAR 9.405-1 Continuation of current contracts. (a) Notwithstanding the debarment, suspension, or proposed debarment of a contractor, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head directs otherwise. A decision as to the type of termination action, if any, to be taken should be made only after review by agency contracting and technical personnel and by counsel to ensure the propriety of the proposed action. (b) For contractors debarred, suspended, or proposed for debarment, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not— (1) Place orders exceeding the guaranteed minimum under indefinite quantity contracts; (2) Place orders under Federal Supply Schedule contracts, blanket purchase agreements, or basic ordering agreements; or (3) Add new work, exercise options, or otherwise extend the duration of current contracts or orders.

What is a Blanket Purchase Agreement?

FAR Part 13. ▪ Not a formal contract▪ Simplified method of filling anticipated repetitive needs for supplies/services against pre-negotiated price list▪ Can only be used if no existing requirements contract exists for same supply/service▪ Avoids writing numerous purchase orders▪ Establish parameters to limit purchases to individual items or commodity groups or classes, or permit the supplier to furnish unlimited supplies or services▪ Does not exempt agency/individual from keeping obligations and expenditures within available funds (Money is only obligated upon issuance of "call" rather than when BPA is established

When a contractor signs a Certificate of Current Cost or Pricing Data, what does the certificate constitute

FAR Part 15. The certificate does not constitute a representation as to the accuracy of the contractor's judgment on the estimate of future costs or projections. It applies to the data upon which the judgment or estimate was based. This distinction between fact and judgment should be clearly understood. If the contractor had information reasonably available at the time of agreement showing that the negotiated price was not based on accurate, complete, and current data, the contractor's responsibility is not limited by any lack of personal knowledge of the information on the part of its negotiators.

Explain the concept of "Unbalanced Pricing".

FAR Part 15. ▪ Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices▪ Exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated▪ Contracting Officers shall consider the risk to the Government associated with the unbalanced pricing to determine the competitive range and in making the source selection decision▪ Contracting Officer shall consider whether award of the contract will result in paying unreasonably high prices for contract performance▪ An offer may be rejected if determined that the lack of balance poses an unacceptable risk to the Government

You are in a source selection and according to the RFP the offerors are to submit a paper copy and an electronic version of their offer. One offeror submits both versions, on time, one hour before closing time for receipt of proposals. However, the next day, when the electronic version is loaded to begin evaluations, it is found to be defective and cannot be read. What do you do and why?

FAR Part 15. ▪ What to do? Either use the paper copy only or ask the offeror to submit another electronic version. Make sure resubmitted electronic copy is the same as the paper version.▪ Why? No one has been harmed or disadvantaged by this action. The electronic version is merely for the convenience of the Government. ▪ FAR. If any portion of a proposal received by the Contracting Officer electronically or by facsimile is unreadable, the Contracting Officer shall immediately notify the offeror and permit the offeror to resubmit the unreadable portion of the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror and documented in the file. The resubmission shall be considered as if it were received at the date and time of the original unreadable submission provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

What are some of the factors a Contracting Officer should consider in selecting the contract type?

FAR Part 16. ▪ Price competition (fixed-price contract)▪ Type and complexity of the requirement▪ Urgency of the requirement▪ Period of performance▪ Contractors technical capability and financial responsibility▪ Adequacy of contractors accounting systems▪ Extent and nature of proposed subcontracting▪ Acquisition history

The Contracting Officer under multiple-awards contracts must provide each awardee a fair opportunity to be considered for each order exceeding $3,000. What are the exceptions to this Fair Opportunity to Compete concept?

FAR Part 16. ▪ Urgent need drives unacceptable delay ▪ Unique or highly specialized capabilities drives only one awardee is capable of performing▪ Logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original award▪ Order necessary to fulfill minimum quantity requirements ▪ Order over the SAT and a statute expressly authorizes or requires that the requirement be made from a specified source ▪ Set aside orders for small business concerns

What part of the FAR covers "Cost Accounting Standards (CAS)", what are they, and when do they apply?

FAR Part 30 - Cost Accounting Standards Administration. 30.201-4 -- Contract Clauses. (a) Cost Accounting Standards. (1) The contracting officer shall insert the clause at FAR 52.230-2, Cost Accounting Standards, in negotiated contracts, unless the contract is exempted (see 48 CFR 9903.201-1 (FAR Appendix)), the contract is subject to modified coverage (see 48 CFR 9903.201-2 (FAR Appendix)), or the clause prescribed in paragraph (c) of this subsection is used. (2) The clause at FAR 52.230-2 requires the contractor to comply with all CAS specified in 48 CFR 9904 (FAR Appendix), to disclose actual cost accounting practices (applicable to CAS-covered contracts only), and to follow disclosed and established cost accounting practices consistently

What is the main purpose of the post award orientation? What are some inappropriate purposes?

FAR Part 42. The main purpose is to help both Government and contractor personnel to achieve a clear and mutual understanding of all contract requirements, and to identify and resolve potential problems. The post award orientation is not intended to alter the final agreement arrived at in any negotiations leading to contract award or to substitute for the contractor's fully understanding the work requirements at the time offers are submitted. The three types are VTC, TELECON, and face to face (preferred).

You receive a letter from a contractor requesting a no cost time extension. The contractor states that he is behind schedule due to his subcontractor's slow progress. The requiring activity concurs with the request for the extension and recommends that it be processed as an "Excusable Delay". He says it is an "Excusable Delay" because the delay is not the fault of the prime contractor. How would you respond?

FAR Part 52. ▪ A subcontractor's slow progress is not an excusable delay. ▪ "Excusable Delay" is defined as something beyond the reasonable control of the contractor, and without its fault or negligence, such as, acts of God or the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.▪ Response to contractor: An extension may be granted; however, not because of a subcontractor's slow progress.

Address the importance of acquisition planning. What are some things that you, as a KO, can do to assist the customer in acquisition planning? Additionally, discuss when formal acquisition planning is required.

FAR Part 7 This planning shall integrate the efforts of all personnel responsible for significant aspects of the acquisition. The purpose of this planning is to ensure that the Government meets its needs in the most effective, economical, and timely manner. Agencies that have a detailed acquisition planning system in place that generally meets the requirements of 7.104 and 7.105 need not revise their system to specifically meet all of these requirements. The KO can help the customer determine the correct contract type and appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts.

Where is profit allowed and not allowed under a fixed-price contract terminated for convenience?

Far Part 49. Profit is allowed on preparations made and work done by the contractor for the terminated portion of the contract but not on the settlement expenses. Anticipatory profits and consequential damages are not allowed. Profit is not allowed for material or services that, as of the effective date of termination, have not been delivered by a subcontractor, regardless of the percentage of completion.

What is "FPDS-NG" and why is it important? As a contracting officer, what steps will you take to personally ensure data being reported is accurate?

Federal Procurement Data System - Next Generation. The ability to look at contracts across government agencies, in greater detail, is a key component in establishing trust in our government and credibility in the professionals who use these contracts. Further, it provides opportunity for the government to better assess where its money is being spent, thereby offering opportunities to better determine how to most effectively and efficiently expend those resources. FPDS-NG contains contracting data that allows for this kind of insight. It is also relied upon to create recurring and special reports to the President, Congress, Government Accountability Office, federal executive agencies and the general public.

Why is it important to fully document the contract file?

For transparency, to give a full picture of everything that occurred during contract performance. "Contra Proferendum" Whomever wrote the contract is responsible. There is no time limit that concerns the integrity of the procurement process or community. the documentation in the contract files SHALL be sufficient to constitute a complete history of the transaction for the purpose of: (1) Providing a complete background as a basis for informed decisions at each step in the acquisition process; (2) Supporting actions taken; (3) Providing information for reviews and investigations; and (4) Furnishing essential facts in the event of litigation or congressional inquiries? See FAR 4.801(b) and FAR 4.803. This may be accomplished by annotating the Contract File Index, using a memo for record or a timeline of events/summary of events. The contract file should stand on its own without the KO having to verbally explain every little detail.

As Contracting Officer, how do you view guidance versus policies versus regulations versus laws or statutes?

Guidance = Advice, Policies = Local Directives, Regulations = Federal Laws

You receive a customer's procurement package. In it, the PWS addresses key personnel required. The customer wants to evaluate the availability and commitment of the proposed key personnel when evaluating offers. What would you recommend the customer include in the instructions to offerors for proposal submission requirements and evaluation factors?

I would recommend that the customer include a requirement for commitment letters from all vendors and state in the solicitation that key personnel with also be evaluated by both their qualifications and by evaluating their commitment letter. Section L - Instructions, Conditions and Notices to Bidders, Section M - Evaluation Factors for Award.

On a full and open competitive negotiated acquisition, you have received five proposals and determined that discussions are needed, what is the process of determining which offerors are in the competitive range for these discussions?

If the Contracting Officer decides that an offeror's proposal should no longer be included in the competitive range, the proposal will be eliminated from further consideration for award. The Contracting Officer must provide written notice of this decision to unsuccessful offerors in accordance with FAR Part 15.503(a). The notice to each offeror must state (1) the basis for excluding/eliminating its offer, (2) the basis for the determination, and (3) that a revision of its proposal will not be considered. The Contracting Officer must prepare a written competitive range determination based on all evaluation factors, including a complete rationale for decisions to include or exclude specific proposals from the competitive range. This document is the Competitive Range Determination memorandum.

What would be some of the reasons where the Contracting Officer would need to provide written consent before a prime contractor is allowed to enter into a subcontract?

If the contract exceeds 150K and a subcontracting opportunity exists. In addition, a MOD or new work in excess of $150K. Not required for personal service contracts, small business, or OCONUS. 44.201-1 -Consent requirements. (a) If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. Subcontracts may be identified by subcontract number or by class of items (e.g., subcontracts for engines on a prime contract for airframes).

The COR has reported to you that the contractor has failed to deliver a service per the contract requirements. What actions should you take as the Contracting Officer in this instance? FAR Part 46.

Issue a Cure Notice must be issued prior to any termination actions. 52.249-8(a)(2). Allow the KTR 10 days to "cure" the fault. For service contracts the resolution is a LVL II or III Non-Conformance Report (NCR), allowing 10 days for a Corrective Action Plan (CAP).

You have received a sole source proposal. How would you determine the price to be fair and reasonable? Address any differences when dealing with different dollar thresholds, contract type, etc. (i.e., cost analysis and/or price analysis).

It depends on the threshold and if it is a commercial buy and if there is sufficient competition. We always do a price analysis but not a cost analysis unless it is noncommercial and or above the TINA threshold of $750K. I would use the IGCE, conduct MR, look at previous similar efforts and draw on my experience. The complexity, contract value and type of the effort would determine how much effort I would put forth. Cost Analysis would be for a cost type contract and price analysis would be for FFP. The FAR provides guidance for the requirements information included in the J&A. Pursuant to FAR 6.302 there are limited circumstances that allow for contracting using other than full and open competition. These are: 1. 6.302-1-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 2. 6.302-2-- Unusual and Compelling Urgency. 3. 6.302-3-- Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services. 4. 6.302-4-- International Agreement. 5. 6.302-5-- Authorized or Required by Statute. 6. 6.302-6-- National Security.6.302-7-- Public Interest. There are three types of competition: 1. Full and Open 2. Full and Open after exclusion of sources 3. Other than full and open sources.

Explain the "Bona Fide Needs" rule.

It is a rule of appropriations law. It mandates that a fiscal year's appropriations only be obligated to meet a legitimate—or bona fide—need arising in (or sometimes before) the fiscal year for which the appropriation was made. Penalty is Job, 2 years in Jail and $5K fine or both.

How do you determine a prospective contractor to be responsible? Are there any differences in that process for contracts under the SAT versus contracts exceeding the SAT? If so, what are they?

KOs are responsible for ensuring that contract awards are made only to responsible prospective contractors. This requirement is for competitive and non-competitive contracts. Before awarding a contract above SAT, the KO must review information provided in Federal Awardee Performance and Integrity Information System (FAPIIS). 1. Does the company have adequate financial resources or able to attain them 2. Will the company be able to comply with required delivery or performance schedule? 3. Have a satisfactory performance record. 4. Have a satisfactory record of integrity and business ethics.

If you have a competitive requirement, how will you determine the Best Value Approach to use in regards to choosing LPTA or Tradeoff? Also, give at least one example when each is appropriate.

LPTA is when price is the most important factor. Lowest price, no tradeoff. Tradeoff is when other factors outweigh cost. It is the most flexible. We always consider cost. Evaluation of factors in mandatory on contracts exceeding $1MIL. (Price, quality or technical, Past Performance). Tradeoff would usually be used in more complicated requirements where certain qualities are more important to the customer than others. LPTA would be used for simpler supply buys.

Your customer has submitted a requirement and states that only one source can meet their requirements. Describe your process/steps that you will take in evaluating, processing and approving or rejecting a sole source acquisition? Discuss any differences in the process based on different threshold levels. Sole source Justification and Approval.

Market research to confirm market conditions. Document it with a J&A with facts that support sole source. $650 or less KO, $650-12.5MIL competition advocate, 12.5 MIL - $85MIL is the PARC. 6.303-1 -- Requirements. (a) A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer -- (1) Justifies, if required in 6.302, the use of such actions in writing; (2) Certifies the accuracy and completeness of the justification; and (3) Obtains the approval required by 6.304. (b) The contracting officer shall not award a sole-source contract under the 8(a) authority (15 U.S.C. 637(a)) for an amount exceeding $22 million unless-- (1) The contracting officer justifies the use of a sole-source contract in writing in accordance with 6.303-2; (2) The justification is approved by the appropriate official designated at 6.304; and(3) The justification and related information are made public after award in accordance with 6.305. (c) Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. (d) Justifications required by paragraph (a) above may be made on an individual or class basis. Any justification for contracts awarded under the authority of 6.302-7 shall only be made on an individual basis. Whenever a justification is made and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly. (e) The justifications for contracts awarded under the authority cited in 6.302-2 may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the acquisitions.

Your contractor presents you with a request for equitable adjustment (claim). Describe your process/steps that you will take in evaluating, processing and approving a claim? FAR 33.206 Initiation of a claim.

Only the KO has the authority to settle a claim. Two things needed for a claim. There is a 6 year statute of limitations to file a claim. 1. A complaint. 2. KO issues a KO final decision. A T4D is considered a final decision. For a REA there needs to be 1. Contractor must assert their right to Entitlement and evidence. 2. A quantity or dollar amount. There are two types of entitlements 1. Direct and 2. Consequential. The government will pay direct costs and will not always pay consequential costs.

What is the order of precedence for a solicitation or contract in accordance with FAR 52.215-8? For example, the specifications require a different item than is stated in the Schedule (Section B). What does the contractor use?

Order of precedence Rule: UCF: a tiebreaker based on where the argument is in the contract and not in the contract itself. (a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) The specifications.

You have received competitive proposals in a trade-off situation. You are required to evaluate realism as well as the reasonableness of the cost/price. How would you evaluate each of these?

Realism analysis under the FAR is used to determine "whether your low price reflects a lack of understanding of contract requirements or risk inherent in your technical approach." Reasonableness analysis during source selection evaluations is typically conducted to determine whether your price is too high. Cost realism analysis Shall be performed on Cost-reimbursement contracts. May be used in competitive fixed price incentive contracts. Must be the probable cost of contract performance developed in cost realism analysis to determine best value. May also use cost realism as a factor in evaluating offers understanding of contract technical requirement and risk.

How do you determine if a small business category is applicable to your procurement? What documentation is needed to support this determination? What are different categories in the small business program?

Refer to FAR Part 19. To determine the correct SB category, I would talk to my SB POC and get an approved DD 2579. The FED GOV's policy is to maximize practicable opportunity in its acquisitions to small businesses. The goal is to award 23% of contracts to small businesses. Small businesses must be registered as such with the SBA. The categories of small businesses are 8(a) Small Disadvantaged Business (members of a disadvantaged group: African American, Hispanic, Asian, Native American, woman, or veteran owned). Small Business Programs, only applies to contracts in the Unites States or its outlying areas? See FAR 19.000(b). However, FAR 19.6, Certificates of Competency and Determinations of Responsibility apply to contracts worldwide when dealing with U.S. small business concerns.

Your customer wants to include GFP in a solicitation and the resulting contract. What do you do? How is GFP adjusted during the administration of the contract?

Reference FAR Part 45.201(a) that compels the contracting officer to "insert a listing of the Government property to be offered in all solicitations where Government-furnished property is anticipated." The Government Property FAR clause at 52.245-1(d)(1) (this clause is required per FAR 45.107, in ALL cost-type contracts and fixed-price contracts when the Government will provide Government property) stipulates that "the Government shall deliver to the Contractor the Government-furnished property described in this contract.". Under a FP contract the contractor retains title. Under a cost reimbursement contract, the government retains title. The contractor can request equitable adjustment if GFP is not given in good working order and timely. It is required for actions above the SAT.

Discuss your understanding of SAM (System for Award Management Exclusions) and how / when it is to be utilized.

SAM is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. SAM is always utilized to validate the contractors Certs and Reps. Contractors must be registered in SAM to contract with the Federal government.

What is the different between Simplified Acquisition Threshold (SAT) and Simplified Acquisition Procedures (SAP)?

SAT means $150K, except for supplies and services that, as determined by the Head of the Agency, are to be used to support a contingency operation than the term means $300K for any contract awarded and performed or purchase made inside the US; $1M outside the US. ▪ SAP are procedures that can be used for procurements that fall under FAR Part 13. Simplified acquisition procedures (SAP) are the methods prescribed in FAR Part 13 for purchasing supplies or services. They are designed for relatively simple Government requirements, and their use is subject to designated dollar thresholds. Examples of items commonly purchased using SAP include office supplies, computer software, and groundskeeping services

A Battalion Commander is very passionate about the welfare of his Soldiers. During a barracks inspection, he notices that the three microwaves in the common area are broken. He has expressed out loud to his Adjutant that he would like the microwaves fixed immediately. The adjutant, quickly to please, orders the Barracks NCO to fix the microwave situation. The E-5 wanting to make a good impression takes it upon himself to purchase the three microwaves with the GPC card. He gives the invoice to the Adjutant who in turn submitted an invoice for $500.00 worth of microwaves that have already been delivered. What do you do?

STOP! Find out what exactly has occurred and if an Unauthorized Commitment has occurred.

Your customer has submitted an urgent requirement and believes that we should limit the number of sources or go to only one source. Describe your process/steps that you will take in validating the urgency and either processing and approving a sole source/limited source J&A or denying it. Address any leniencies associated with urgency (synopsis, posting, etc.) if any.

See answer #16.

When are you required to synopsize contract actions? Discuss both the solicitation as well as contract award. Address the differences (if any) between synopsis and posting a solicitation. Also, address some of the exceptions to synopsis.

Synopsis of award: Except for contract actions described in the exception paragraph below, contracting officers must synopsize through the GPE awards exceeding $25,000 that are- 1. Covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see FAR Subpart 25.4); or 2. Likely to result in the award of any subcontracts. However, the dollar threshold is not a prohibition against publicizing an award of a smaller amount when publicizing would be advantageous to industry or to the Government. Exception: A notice is not required if -- 1. The notice would disclose the executive agency's needs and the disclosure of such needs would compromise the national security; 2. The award results from acceptance of an unsolicited research proposal that demonstrates a unique and innovative research concept and publication of any notice would disclose the originality of thought or innovativeness of the proposed research or would disclose proprietary information associated with the proposal; 3. The award results from a proposal submitted under the Small Business Innovation Development Act of 1982 (Pub. L. 97-219); 4. The contract action is an order placed under an indefinite delivery type contract; 5. The award is made for perishable subsistence supplies; 6. The award is for utility services, other than telecommunications services, and only one source is available; 7. The contract action-- i. Is for an amount not greater than the simplified acquisition threshold; ii. Was made through a means where access to the notice of proposed contract action was provided through the GPE; and Permitted the public to respond to the solicitation electronically

When is certified cost and pricing data required? What are the exceptions to certified cost and pricing data?

TINA threshold is $750K or more. Used when there are not normal market forces. i.e. one bidder, or govt. unique item. Bill of materials that is current, accurate, and complete. Not used for competitive contracts. Three exceptions: 1. Competition 2. Commercial 3. Waiver

Describe the Anti-deficiency Act (ADA) and list some actions that would constitute a violation of it. What are the potential penalties for a violation of the ADA?

The ADA establishes civil and criminal penalties for federal employees who fail to comply with laws appropriating and authorizing the use of federal funds. Specifically, the ADA prohibits federal employees from spending money: • For a purpose different from that authorized by Congress • At a time when such funds are not authorized by Congress • In excess of the amount authorized by Congress A knowing and willful violation of the ADA is considered a Class E Felony subject to a $5,000 fine, 2 years imprisonment, or both.

What is the Berry Amendment and when does it apply?

The Berry Amendment is a statutory requirement that restricts the Department of Defense (DoD) from using funds appropriated or otherwise available to DoD for procurement of food, clothing, fabrics, fibers, yarns, other made-up textiles, and hand or measuring tools that are not grown, reprocessed, reused, or produced in the United States. The Berry Amendment has been critical to maintaining the safety and security of our armed forces, by requiring covered items to be produced in the United States. With respect to textiles and clothing, the Berry Amendment has been critical to the viability of the textile and clothing production base in the United States.

What is a CICA stay and why is it important?

The Competition in Contracting Act (CICA) requires the Contracting Officer to withhold award of a contract or, if the contract has already been awarded, to suspend contract performance when a protest is properly filed to the agency under FAR 33.103 or to the General Accounting Office (GAO) under FAR 33.104. This is known as the CICA automatic stay requirement. CICA permits the agency to override the automatic stay if certain conditions are met. These requirements are generally laid out in FAR 33.103(f) for agency protests and FAR 33.104(a) and (c) for protests files with the GAO.

What is a DD 254 used for? What are the KO's responsibilities concerning DD 254s in the contract if one is required?

The DD Form 254 is a resource for providing security requirements and classification guidance to a contractor. The DD Form 254 is a U.S. publication referenced in the DFAR and applied to contracts involving access to classified information by U.S. contractors.

What do you envision is the role of your CORs? When are you required to appoint one? What authorities are you allowed to delegate to your COR? What authorities are not delegable to the COR?

The KO usually delegates surveillance and status reporting under FAR PART 42. The COR is the eyes and ears of the Contracting Officer. Shall be certified and maintain certification. CORs are not authorized to make commitments. CORs must be a government employees. CORs duties are to promptly inspect services, ID if they meet or do not meet AQL, SAT or UNSAT completion, and complete performance evaluation. The COR accepts and inspects goods and services. At the DoD level, the guidance for when a COR is required to be designated is not tied to a dollar threshold. It requires a more subjective analysis surrounding the risk of contract performance and oversight the government wishes to have. That said, there is guidance for use in making this decision. Unless you have local or agency level policy we are unaware of, the guidance you need can be found at DFARS PGI 201.602-2(iv)(A), which states: "Contracting officers shall designate a COR for all service contracts, including both firm fixed price and other than firm fixed price contracts, awarded by a DoD component or by any other Federal agency on behalf of DoD. The surveillance activities performed by CORs should be tailored to the dollar value/complexity of the specific contract for which they are designated. Contracting officers may exempt service contracts from this requirement when (each of) the following three conditions are met: (1) The contract will be awarded using simplified acquisition procedures; (2) The requirement is not complex; and (3) The contracting officer documents the file, in writing, why the appointment of a COR is unnecessary. For cost reimbursement contracts that are not service contracts, contracting officers shall either retain or delegate surveillance activities to a COR or DCMA." If there is no COR assigned; then ultimately the contracting officer is responsible for monitoring contractor performance. This makes sense considering that when a COR is appointed it is some of the contracting officer's authority/responsibility they are being delegated.

What is a QASP and when is it required?

The Quality Assurance Surveillance Plan (QASP) is Used in Performance Based Service Contracts to assess contractor performance. Required for contracts in excess of $2,500 IAW the Service Contract Act. The Performance Work Statement (PWS) is the heart of a service acquisition. It describes the requirement in terms of measurable outcomes. Acceptable Quality Level (AQL) is what the contractor needs to accomplish to get paid. When a COR is appointed for contracts, a surveillance plan (QASP) shall be prepared, unless specifically exempted in writing by the contracting officer? See page 2 of DASA(P) Memo dated Oct 21 2010 titled "Post Award Oversight and Surveillance of Contracts". Quality assurance surveillance plans (QASPs) should describe how the COR will monitor the contractor's performance regarding trafficking in persons such that non-compliance with FAR Clause 52.222-50, Combating Trafficking in Persons, is brought to the immediate attention of the KO? See DFARS 222.1703 and PGI 222.1703. DFARS 246.401 provides, in part, "for contracts for services, the contracting officer should prepare a quality assurance surveillance plan to facilitate assessment of contractor performance." DFARS 237.172, in turn, directs that "these plans should be tailored to address the performance risks inherent in the specific contract type and the work effort addressed by the contract."

What are some of the benefits of competition? What are some barriers to competition?

The benefits are innovation and cost savings. The barriers are one source, unusual or compelling urgency, expert services, international agreement, required by statute, national security, or public interest. There are three types of competition: 1. Full and Open 2. Full and Open after exclusion of sources 3. Other than full and open sources.

How do you determine the most appropriate contract type? Give examples of when you would use the different types.

The contract type depends on the complexity, threshold, how well defined the requirement is, Commercial vs. developmental. The two types of contracts are fixed price (known price, work defined) and cost reimbursement (cannot define costs, work not defined). Incentive contracting include Cost Plus Incentive Fee (CPIF) and Fixed price incentive Fee (FPIF). CPIF have a min and max fees based on cost savings incentive. FPIF has no min or max fee but has a ceiling price more profit for less costs. Less profit for more costs. Target costs / target profit.

If a Contracting Officer issues a unilateral change under the Changes Clause, what responsibility, if any, does the contractor have to continue performance?

The contractor must continue performance of the contract as changed, except when the contract is subject to clauses Limitation of Costs or Limitation of Funds where the contractor is not obligated to continue performance or incur costs beyond the limits established.

Describe the different types of terminations available. Address both noncommercial (FAR Part 49) and commercial (FAR PART 12) terminations. Discuss the termination procedures and remedies (if any) of each

There are three types of terminations. 1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2. Anticipatory breach 2. Termination for Cause (T4Cause) A T4Cause and T4C are for commercial contracts. 3. Termination for Convenience settlement agreement, no dispute. Reasons to terminate for convenience: Lack of funds, in the best interest of the Government, change in situation or technology. A small business termination must be reported to the SBA. T4C Best interest no breach. All payments stop at termination. An improper T4D is settled as if it was a T4Convenience. No cure notice needed past delivery date. Show cause sent after due date, may be used but not required.

What is the difference between a commercial "Test Program" procurement (FAR 13.5) and a commercial procurement that is not utilizing the test program (FAR 12)?

They both use the SAP procedures. Part 13.5 threshold is $7 million, while commercial is $150K. Test program is for certain commercial items up to $7 million and Simplified Acq Procedures could be used. Commercial procurement not utilizing test program (FAR 12) can be used with procedures in FAR Parts 13, 14 , and 15.

You have received competitive proposals in an LPTA situation. How would you determine the prices to be fair and reasonable?

Through the competition of the technically acceptable proposals. 1) Make a determination if lowest offeror offer is technically acceptable - move to award or 2) if the lowest price is not technically acceptable then move on to the next lowest offeror...The prudent Contracting Officer must be able to support the determination of fair and reasonable in a manner to which they are willing to put their signature. There is a large degree of discretion for the Contracting Officer in this area, so what in their judgment meets the standard?

What is unbalanced pricing, and how should you address it?

Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Exists when, despite an acceptable total evaluated price, the price of one or more contracted line items is significantly over or understated. KOs shall consider the risk to the GOV associated with the unbalanced prices to determine the competitive range and in making the source selection decision. KOs shall consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if determined that the lack of balance poses an unacceptable risk to the GOV. The KO must level the playing field and compare apples to apples. FAT Part 15

How is the VCE-COR tool used by the KO? What is it used for?

VCE-COR was replaced by the CORT Tool. It is used to appoint CORs and to document Contractor Performance. contracting officers shall appoint a properly trained Contracting Officer's Representative (COR) in writing before awarding any service contract if one or more of the following apply: total dollar value of contract (including options) is greater than $150,000; action is complex or critical service; poor prior contract past performance;

On 3 Sep 2013 the KO awarded a contract for computer purchases using FY13 O&M funds. The computers were to be delivered upon completion of a new building expected sometime early in CY 14, but the contractor could have delivered the computers almost immediately upon contract award. Are there any fiscal issues here?

Yes. O&M (3400) funds are for one year. You cannot cross FYs unless there is an exception. This could be considered as a violation of the bona fide need rule. The lead-time exception does not apply since the delivery delay is based on the government's request and not the reality of when the contractor could actually deliver the computers. Bona Fide Needs Rule

Six months ago you retired from the Army as a Contracting Officer. While a Contracting Officer, you participated "personally and substantially" just prior to retirement as member of a Joint Board for the USAF's new Boeing KC-46 Pegasus Aerial Tanker/refueling plane. Although both programs are with Boeing, neither have anything to do with the other. Given this scenario, could you accept an employment offer from Boeing as Assistant Integrator, F/A-18F landing systems (fighter jet landing system)?

You may not accept employment for two years after you leave the federal government. Consult with legal.

What should you do if you have any suspicion of any ethics violation or fraud? How do you mentor and train your customer on ethics and fraud concerns?

You need to document the facts and report it to the agency, CID, DoD IG, DCAA. Do not investigate it. You can mentor and train the customer on ethics and fraud concerns by ensuring that they receive annual ethics training and complete an OGE-450 if required.

What are the three types of indefinite-delivery contracts and explain the use for each type?

▪ Definite Quantity - Provides for delivery of a definite quantity of supplies and services for a fixed period. ▪ Requirements - Provides for filling all requirements during a specified period (from one contractor. ▪ Indefinite Quantity - Provides for an indefinite quantity within stated limits. The Government places orders for individual requirements.

Under what circumstances is ratification of an unauthorized commitment permitted?

▪ Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment;▪ The ratifying official has the authority to enter into a contractual commitment;▪ The resulting contract would otherwise have been proper if made by an appropriate contracting officer;▪ Contracting Officer reviewing unauthorized commitment determines the price to be fair and reasonable;▪ The Contracting Officer recommends payment and legal counsel concurs in the recommendation;▪ Funds are available and were available at the time the unauthorized commitment was made; and▪ The ratification is in accordance with any other limitations prescribed under agency procedures.

What additional liabilities does the contractor incur when a fixed-price contract is terminated for default (in lieu of a termination for convenience)?FAR Part 49

▪ The Government is not liable for the contractor's costs on undelivered work and is entitled to the repayment of any advance and progress payments applicable to that work. ▪ The contractor is liable to the Government for any excess costs incurred in acquiring supplies and services similar to those terminated for default.

Please describe what is meant by an "Unsolicited Proposal" according to FAR 15.6, and explain in basic terms the relationship between full and open competition and the acceptance of an unsolicited proposal.

"Unsolicited proposal" means 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?

What is the dollar threshold that establishes the need for a Department of Labor wage determination.

$2,500