Co Study

Front 1

What must a PCO do before exercising an option?

Back 1

Determine that:
1.) Funds are available
2.) The request fulfills an existing government need
3.) Exercising the option is the most advantageous method price and other factors considered.
4.) The option was synopsized IAW FAR 5

*If the price is not evaluated at time of contract award, J&A must be submitted to SAF/AQ
**Terms and Conditions must not change.

Front 2

At a minimum, Pre-Award debriefings shall include:

Back 2

1.) Agency's evaluation of significant elements in the offeror's proposal
2.) A summary of the rationale for eliminating the offeror from the competition
3.) Reasonable responses to relevant questions about whether RFP was followed when eliminating.

Front 3

Post-Award Debriefings Shall Include?

Back 3

1.) USG evaluation of significant weaknesses or deficiencies;
2.) The overall evaluated cost or price and technical rating of the successful offeror and the debriefed offeror.
3.) The overall ranking of all offerors
4.) A summary of rationale for award.
5.) COMMERCIAL: Make and model of successful offeror
6.) Reasonable responses to relevant questions

Front 4

7 Exceptions to Full & Open Competition?

Back 4

1.) Only 1 responsible offeror
2.) Unusual & Compelling Urgency
3.) Industrial Mobilization
4.) International Agreement
5.) Authorized or Required by Statute
6.) National Security
7.) Public Interest

Front 5

Business Clearance for Competitive Acquisitions Means?

Back 5

Approval to issue solicitation (AFFARS 5301.9000 (c)(1))

Front 6

Business Clearance for Sole-Source Acquisition Means?

Back 6

Approval to Begin Negotiations

Front 7

Contract Clearance for Competitive Acquisitions w/ and w/o Discussions is what?

Back 7

1.) W/o discussions: Approval by CA for the SSA to make the decision to award.
2.) W/ discussions:
- Approval by CA for SSA to request FPR IAW FAR 15.307
- Approval by CA for the SSA to make a Source Selection Decision

Front 8

Contract Clearance for Non-Competitive Acquisitions Means What?

Back 8

Approval by CA to award a contract or contract mod/action.

Front 9

Excluded from Business or Contract Clearances Are?

Back 9

1.) Actions that create a UCA, undefinitized change order, undefinitized long lead contract.
2.) Orders issued against existing contracts IAW basic contract T&Cs; except task orders for services issued against multiple award IDIQ contracts including GSA schedules.
3.) Incremental fundings that do not exceed dollar amounts specified in original approved clearance.
4.) Mods solely for changes as a result of Service Contract Labor Standards statute wage rates/fringe benefits or Fair Labor Standards Act minimum wages.

Hint 9

5.) Amendments to solicitations and modifications to orders that are solely administrative in nature.
6.) Contract actions that solely provided incremental or award fee funding or that are solely admin in nature, no change to T&Cs or type of funds.
7.) Priced options previously established in basic contract/order and that are exercised IAW established prices and T&Cs of the contract/order, as long as the option exercise period has not expired & options were approved during contract clearance of basic contract/order

Front 10

Ratification Approval Authority and MP for Ratification Process

Back 10

1.) The SCO/SCCO for actions equal to or greater than $30k
2.) The chief of contracting office for less than $30k

MP5301.602-3

Front 11

What does "bundling" mean?

Back 11

Consolidating 2 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 small business concerns due to...

Front 12

Three Categories of OCI

Back 12

1.) Biased Ground Rules
2.) Impaired Objectivity
3.) Unequal Access

Front 13

Four ways to deal with OCI?

Back 13

1.) Avoid
2.) Neutralize
3.) Mitigate
4.) Waive (HCA for AF)

Front 14

What are the four types of subcontracting plans?

Back 14

1.) Individual
2.) Master
3.) Commercial
4.) Comprehensive

Front 15

MIRTs in competitive acquisitions?

Back 15

Competitive Acquisitions over $50M
1.) MIRT #1: Review Draft ASP/AP
2.) MIRT #2: Review RFP
3.) MIRT #3: Review Draft Competitive Range/Award w/o discussions
4.) MIRT #4: Review Draft FPR
5.) MIRT #5: Review of Draft SSD

Front 16

Three types of Assistance Instruments?

Back 16

1.) Grants
2.) Cooperative Agreements
3.) Other Transactions

Front 17

Who bears the expense on FOB Destination?

Back 17

The Contractor

Front 18

Nine exemptions to FOIA?

Back 18

1.) Classified in the interest of national defense
2.) Internal personnel rules
3.) Specific Statute (list on CoP/SP)
4.) Trade Secrets/commercial financial info
5.) Priveleged in litigation/attorney-client privilege
6.) Personnel/Medical files/invasion of personal privacy
7.) Law enforcement - deprive person of fair trial
8.) Financial Institutions
9.) Geographical maps info/data about WELLS

Front 19

What is "form, fit and function data"?

Back 19

Technical data that describe the required overall physical, functional, and performance characteristics (along w/ qualification requirements, if applicable) of an item, component or process to the extent necessary to permit identification of physically and functionally interchangeable items.

Hint 19

Or, from Nash, data that relate to items, components or processes and are sufficient to enable physical and functional interchangeability, as well as data identifying source, size, configuration, mating and attachment characteristics, and performance requirements.

Front 20

The focal point on export controls within the DoD is...?

Back 20

The Defense Technology Security Administration (DTSA) (DFARS PGI 204.73)

Front 21

What is DoD policy for GFP?

Back 21

All GFP must be recorded in the DoD Unique Item Indentification (IUID) Registry as defined in the clause at DFARS 252.211-7007.

Front 22

5 Types of Synopses

Back 22

1.) Pre-solicitation notice
2.) Sources Sought
3.) Notice of Contracting Action
4.) Announcements of Contract Award (provides subcontracting opportunities)
5.) Long Range Acquisition Estimates (Assists Industry in Planning)

Front 23

What are the 3 Elements of a Warranty?

Back 23

1.) Design and manufacturing
2.) Materials and workmanship
3.) Essential Performance Requirements (EPR)

Front 24

What is a constructive change?

Back 24

An oral or written communication, act or omission by the CO or other authorized government official that is construed as having the same effect as a written change order. A constructive change consists of two elements:

Hint 24

1.) A change element, which calls for examination of the work done by the contractor and to determine whether it went beyond the minimum standards demanded by the contract; and
2.) a government causation element (either an order or fault), which required the contractor to perform work that was not a necessary part of the contract.

Front 25

FAR Part 12 does not apply to?

Back 25

1.) At or below micro-purchase threshold
2.) Using the SF44
3.) Using the imprest fund
4.) Using the Govermnent-wide purchase card as a method of purchase rather than only a method of payment.
5.) Directly from another federal agency

Front 26

What types of ADR are available to the PCO?

Back 26

1.) Mediation
2.) Non-Binding Arbitration
3.) Third party

Front 27

What are 3020 funds?

Back 27

Missle Procurement

Front 28

What are 3080 funds and when are they used?

Back 28

3080 funds are "Other Procurement" funds and may be used for:
1.) Investment equipment >= $250k
2.) Installation of Investment Equipment

Front 29

What are 3011 and 3300 funds?

Back 29

1.) 3011 funds: Ammo (3 year)
2.) 3300 MILCON (5 year)

Front 30

What are the exceptions to the Bona Fide Need Rule?

Back 30

1.) Lead-time exception (An agency may contract in one fiscal year for delivery in a subsequent year if the material contracted for will not be obtainable on the open market at the time needed for use)
2.) Stock Level Exception (Bona Fide need rule does not prevent maintaining a legitimate inventory at reasonable and historical levels so as to avoid disruption in operations)
3.) Continuing Need (If a need arises during a particular FY and agency chooses not to satisfy it

Front 31

What are the 6 statutory exceptions to the Fair Opportunity requirement (IDIQ)

Back 31

Over $3,000 (or $2,500) and...
1.) The need for equipment or services ordered is of such unusual urgency that providing such opportunity to all ktrs would result in unacceptable delays in fulfilling need;
2.) Only one contractor is capable of providing the equipment or services required at the level of quality required b/c the equip or services ordered are unique or highly specialized.
3.) In the interest of economy and efficiency because it is a logical follow-on to an order already issued on

Hint 31

4.) Meet a minimum guarantee.
5.) For orders exceeding the SAT, a statute expressly authorizes or requires the purchase be made from a specified source.
6.) Small business set-aside

Front 32

Conditions for a ratification to be met?

Back 32

1.) Supplies or services received and accepted by the government or the government has or will get a benefit from the unauthorized action
2.) The ratifying official has the authority to enter into a contractual agreement
3.) The resulting contract would otherwise have been proper if made by a warranted CO
4.) The CO reviewing the unauthorized commitment determines the price to be fair and reasonable
5.) The CO recommends payment and legal counsel concurs in the recommendation unless agency procedures expressly do not require such concurrence
6.) Funds are currently and were available at the time the unauthorized commitment was made.

Front 33

When should the CO insert the clause at 52.210-1, Market Research? What does it say?

Back 33

In solicitations and contracts over $5M for the procurement of items other than commercial items.

Clause states:
Before awarding subcontracts over the simplified acquisition threshold for items other than commercial items, the Contractor shall conduct market research to:

1.) Determine if commercial items or, to the extent commercial items suitable to meet the agency's needs are not available, nondevelopmental items are available that: a.) meet the agency's requirements, b.) could be modified to meet the agency's requirements; or c.) could meet the agency's requirements if those requirements were modified to a reasonable extent, and...
2.) Determine the extent to which commercial or nondevelopmental items could be incorporated at the component level.

Front 34

What is a latent defect?

Back 34

A defect that exists at the time of acceptance but cannot be discovered by reasonable inspection

Front 35

What is a make-or-buy program?

Back 35

That part of a contractor's written plan for a contract identifying those major items to be produced or work efforts to be performed in the prime contractor's facilities and those to be subcontracted.

Front 36

What is a "non-developmental item"?

Back 36

1.) Any previously developed item of supply used exclusively for governmental purposes by a Federal agency, a state or local government, or a foreign government with which the US has a mutual defense cooperation agreement.
2.) Any item described in paragraph (1) that requires only minor modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency
3.) Any item of supply being produced that does not meet the requirements of paragraph (1) or (2) solely because the item is not in use yet.

Front 37

What is a fixed price contract with economic price adjustment and what are the three general types?

Back 37

Definition: An FFP contract with EPA provides for upward and downward revision of the stated contract price upon the occurrence of specified contingencies.

Types:

1.) Adjustments based on established prices
2.) Adjustments based on actual costs of labor or material
3.) Adjustments based on cost indexes of labor or material

Front 38

What is intellectual property and what are the two main categories?

Back 38

IP is a product of the intellectual processes that has a commercial value.

Two main categories:
1.) Patent Rights
2.) Technical Data and Computer Software Rights

Front 39

What are data rights?

Back 39

Data rights are different classes of licenses that the government may purchase by contract.

Note:

- The government does not own the data
- The government has a license to use the data in a particular way for particular purposes

Front 40

What type of data can the DoD take rights to automatically, regardless of funding source and regardless of whether it is commercial or non-commercial data?

Back 40

1.) "Form, fit and function" technical data
2.) When data produced for the contract was specified as an element of performance
3.) OMIT technical data
- Data necessary for operation, maintenance, installation or training purposes
4.) Data previously provided to the government without restrictions
5.) A correction or change to technical data furnished to the contractor by the government

Front 41

List the categories of data rights

Back 41

1.) Unlimited Rights
2.) Limited Rights
3.) Restricted Rights
4.) Government Purpose Rights
5.) Standard Commercial License Rights
6.) SBIR Rights
7.) Specifically negotiated rights

Front 42

What are the process definitions for evaluating tech data?

Back 42

Assertions - the contractor identifies tech data and software to be furnished with restrictions; contractor can update assertions during contract performance

Verification - The process through which the acq team validates the basis for the assertion is accurate and IAW DFARS policy

Clarification - Government requests additional explanation or documentation of an assertion

Challenge - The Govt negotiation position is that assertions may not be valid (usually based on funding source

Front 43

What are the two types of CPFF contracts?

Back 43

1.) Term
2.) Completion

Front 44

What are TIAs?

Back 44

Assistance Instruments used to stimulate or support research. Also, a kind of agreement that may be either a CA or an OT depending on the patents rights provisions contained in the agreement.

Also, TIA can also be defined as a class of assistance instrument with the primary purpose of fostering commercial-military integration. TIAs are used in defense research programs in order to foster the best technologies for future defense needs.

Front 45

How to encourage maximum response to solicitations by small business?

Back 45

1.) Allow max amount of time practicable for submission of offers
2.) Furnish specs, plans, and drawings with solicitations or furnish info as to where they may be obtained or examined.
3.) Provide to any small biz concern, upon request, copy of bid sets, specs and other assistance
4.) Draft RFPs

Front 46

What is a protest?

Back 46

A written objection by an interested party to any of the following:
1.) Solicitation or other request by agency for offers for a contract for procurement of property and services.
2.) The cancellation of the solicitation or other request
3.) An award or proposed award of the contract
4.) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

Hint 46

According to contract reference book, it is a written objection, submitted by an interested party in writing, protesting an agency solicitation for offers, the cancellation of a solicitation, or the award or proposed award of a contract. Protests can be made to (1) the procuring agency before or after award (FAR 33.103); (2) the GAO, within 10 calendar days after the grounds for protest are known or should have been known, (3) the court of federal claims.

Front 47

What criteria must a valid unsolicited proposal meet?

Back 47

1.) Innovative and unique
2.) Independently originated and developed by offeror
3.) Be prepared w/o gov supervision, endorsement, direction, or direct gov involvement.
4.) Include sufficient detail to permit a determination that it would be beneficial.
5.) Not an advance proposal for known requirement
6.) Not address a previously published agency requirement.

(Must be submitted to SAF/AQ for disposition)

Front 48

Where to go for Finance Questions?

Back 48

DoD 7000.14-R, Financial Management Regulations

Front 49

What are progress payment max percentages?

Back 49

80% for large business
90% for small business
95% for small disadvantaged businesses

Front 50

Changes - Fixed Price (FAR 52.243-1) allows changes to what (supplies)?

Back 50

1.) Drawings, designs or specs when the supplies to be furnished are to be specifically manufactured for the USG in accordance w/ drawings, designs or specs.
2.) Method of shipment or packing
3.) Place of delivery

Front 51

Changes - Fixed Price (FAR 52.243-1) allows changes to what (services other than A&E, or other professional services w/ no supplies)?

Back 51

1.) Description of services performed
2.) Time of performance
3.) Place of performance of the services

Front 52

What are the types of commercial financing?

Back 52

1.) Advanced
2.) Interim
3.) Installment (do not use unless it is shown to be required)

Front 53

Seven Steps to the Service Acquisition Process?

Back 53

1.) Form a team
2.) Review Current Strategy
3.) Market Research
4.) Requirements Definition
5.) Acquisition Strategy
6.) Execute Strategy
7.) Manage Performance

Per MP5301.602-2(d), Designation, Assignment and Responsibilities of a Contracting Officer's Representative (COR)

Front 54

What Exchanges w/ Offerors after receipt of proposals may take place?

Back 54

1.) Clarifications and award w/o discussions
2.) Communications w/ Offerors before establishment of competitive range. (Only initiate communications with offerors on the bubble; only past performance information the offeror has not had a chance to respond to should be discussed)
3.) Discussions (Negotiations in a competitive environment)
4.) Negotiations

Front 55

What is the small business requirement for SBIR program?

Back 55

Company must have less than 500 employees

Front 56

When should a CO solicit sealed bids?

Back 56

1.) Time permits the solicitation, submission and evaluation of sealed bids.
2.) The award will be made on the basis of price and other price-related factors.
3.) It is not necessary to conduct discussions w/ the responding officers about their bids.
4.) There is reasonable expectation of receiving more than one sealed bid.

Front 57

Systems acquisitions normally designated as major are those that...?

Back 57

1.) Directed at and critical to fulfilling an agency mission need.
2.) Entail allocating relatively large resources for the particular agency.
3.) Warrant special mgmt attention, including specific agency head decisions.

Front 58

What is an imprest fund?

Back 58

Cash fund of a fixed amount established by an advance of funds, w/o charge to an appropriation, from an agency finance or disbursing officer to a duly appointed cashier, for disbursement as needed from time to time in making payment in cash for relatively small amounts.

Front 59

What is Davis-Bacon and when does it apply?

Back 59

Applies to ktrs and sub-ktrs performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration or repair (including painting or decorating) of public buildings or public works.

All ktrs & sub-ktrs must pay laborers & mechanics no less than the locally prevailing wages & fringe benefits as determined by DoL.

Front 60

Goal of an assistance instrument?

Back 60

The transfer of a thing of value (i.e., money, property or services) to accomplish a public purpose of support or stimulation, as authorized by law.

Front 61

At a minimum, grants and CAs must do what?

Back 61

Must obtain a paid up license and march-in rights in any patents developed under the grant or CA

Front 62

OTs issued pursuant to 10 USC 2371 may only be used for purposes of what?

Back 62

Basic, applied and advanced research. (This establishes the cost share)

Front 64

How can you determine whether a TIA is a CA or an OT?

Back 64

- If a TIA includes provisions for a paid up license and march-in rights in patents, then it is a CA
- If a TIA includes less restrictive patent provisions, then it is an OT

Front 65

Must TIA recipients be a for-profit firm?

Back 65

Yes. Recipient is a for-profit firm or a consortium containing a for-profit firm.
(50/50 cost share required unless waived)

Front 66

Order of preference to determine type of data required when other than certified cost and pricing data is required?

Back 66

1.) Determine if info is available within the government
2.) Determine if the information is available from sources other than the offeror.
3.) Obtain information from the offeror.

Front 67

What is a savings/reopener clause?

Back 67

It is a special contract provision that creates a right for an equitable adjustment to the contract price. The equitable adjustment can be triggered by the occurrence of an event, the non-occurrence of an event or some future event or condition that has an unpredictable outcome.

Front 68

What is in the D&F sent to the HCA for a TINA waiver

Back 68

1.) Property or services being purchased by the government cannot be reasonably obtained w/o grant of waiver
2.) Price can be determined reasonable w/o cert cost or pricing data.
3.) Demonstrated benefits to waiver
4.) Significant change to previous waivers
5.) Congressional Reporting Requirements for waivers over $15M (commercial too)

Front 69

When must you use the clause that prohibits excessive pass-through costs? What is the clause #?

Back 69

Clause is 52.215-22 and must be used in any action over $650k, except when:
1.) An FFP or an FPEPA with adequate price competition
2.) An FFP or FPEPA for commercial items

If work by sub exceeds 70% of total cost of work to be performed, things to be done IAW this clause.

Front 70

What are the six elements of a contract?

Back 70

1.) Legal capacity
2.) Offer
3.) Acceptance
4.) Consideration
5.) Clear Terms
6.) No illegal acts to be performed

Front 71

Two things to do before TforD

Back 71

1.) If the contractor fails to perform some of the other provisions of the contract or fails to make progress as to endanger performance of the contract, the CO shall send the contractor a notice specifying the failure and providing 10 days (or longer) in which to cure the failure. May be made part of "show cause". Upon expiration 10 days later, the CO may issue a notice of TforD if problem not cured.

2.) Issue show cause - notice shall call attention to the contractual liabilities if contract is terminated for default; this should be done if termination for default appears appropriate and notified the contractor of the situation.

Front 72

Approvals for T&M?

Back 72

D&F for T&M (and Labor-Hour) that no other contract type is suitable. Must be done before an option is exercised.

1.) If T&M exceeds $1M the D&F must be approved by the senior contracting official w/in the activity. (Cannot be delegated)
2.) HCA must approve if the base period plus any options is greater than 3 years. (Cannot be delegated)
3.) If T&M is < or = $1M, D&F approved one level above CO.

Front 73

What four things can affect the finality of acceptance of a supply?

Back 73

1.) Latent Defect
2.) Fraud
3.) Gross Mistake
4.) As otherwise provided in the contract.

Front 74

What are the statutory limitations on price or fee?

Back 74

1.) For experimental, developmental or research work performed under CPFF, fee shall not exceed 15%
2.) Other CPFF, fee may not exceed 10%

Front 75

What is the order of precedence among the various sections of a contract?

Back 75

Taken from FAR 52.215-8, Order of Precedence - Uniform Contract Format:
Any inconsistency shall be resolved by giving precedence in the following order:
1.) The schedule (excluding specs) (Sections A thru H not C)
2.) Representations and other instructions (Sections K, L, & M)
3.) Contract Clauses (Section I)
4.) Other docs, exhibits, and attachments (Section J)
5.) The specifications (Section C)

Front 76

What are the sections of a uniform contract?

Back 76

A - Solicitation/Form
B - Supplies/Services and Price/Costs
C - Desc/Spec/SOW
D - Packaging and Marking
E - Inspection and Acceptance
F - Deliveries & Performance
G - Contract Admin Data
H - Special Clauses
I - Contract Clauses
J - Attachments
K - Certs & Reps
L - Instruc to Offerors
M - Eval Factors for Award

Front 77

The CO may stay performance of a contract w/in the time period IAW 33.104(c)(1) if the CO makes a written determination that...?

Back 77

1.) A protest is likely to be filed
2.) Delay of performance is, under the circumstances, in the best interests of the US

Bid protests to GAO include automatic stay (CICA) while protest is being litigated if filed in timely manner.

Bid protests to court of federal claims do not have automatic stay.

Front 78

Agencies should make their best efforts to resolve agency protests w/in how many days?

Back 78

35 days after the protest is filed

Front 79

Contract Disputes Act of 1978, as amended, establishes procedures and requirements for?

Back 79

1.) Asserting and Resolving Claims subject to the Act
2.) The payment of interest on contractor claims
3.) Certification of Contractor Claims
4.) A civil penalty for contractor claims that are fraudulent or based on misrepresentation of fact.

Front 80

Timely reporting of what should be done in 3 days on FAPIIS?

Back 80

1.) Final termination for cause or default notices
2.) Nonresponsibility determination
3.) final determination that a contractor has submitted defective cost or pricing data.
4.) determinaton of contractor fault in that ktr or subktr gross negligence, etc. cause serious pain or death

Front 81

CBAR Requirements?

Back 81

1.) Upload pre and post business clearance documentation for all FAR Part 12 & 15 sole source acquisitions greater than $25M
2.) Biz clearance docs uploaded to CBAR must be signed by CO and others
3.) Must be marked "FOUO"
4.) Biz clearance docs NLT 30 days after award.
5.) Upload PNM and Pre-PNM

Front 82

Micro-purchase threshold for Service Contract Act?

Back 82

$2,500

Front 83

Who prepares the SS plan?

Back 83

The PCO and SSEB chair (with assistance from SSEB members if necessary) (AFFARS)

Front 84

SB Specialists are required to review all acquisitions...?

Back 84

Greater than $10,000 (save SBIR/STTR but to include awards against GSA instruments) - review is documented on DD Form 2579

Front 85

At a minimum the SSP shall include what?

Back 85

1.) Background and Objectives
2.) Acq Strategy
3.) SST and discussion of roles
4.) Communications (process and controls)
5.) Evaluation factors and sub factors.
6.) Documentation (what will be prepared)
7.) Schedule of events
8.) Non-gov personnel
9.) Securing SS materials

Front 86

What must all source selections evaluate?

Back 86

1.) Cost or Price
2.) Quality of Product or Service (to include technical, past performance and small biz participation)

Front 87

What must all solicitations state?

Back 87

Shall state, at a minimum, whether all evaluation factors other than price, when combined, are:
1.) Significantly more important
2.) Approximately equal
3.) Significantly less important

Front 88

How is past performance evaluated in a competitive SS?

Back 88

Relevancy, Recency and Performance to determine Confidence Assessment

Front 89

When must a small biz subcontracting plan be submitted & what are exceptions?

Back 89

Required for actions and mods over $650,000 w/ subktr opportunities (negotiated & sealed bidding) Ineligible if not sent.
Exceptions:
1.) From small biz concerns;
2.) For personal services contracts
3.) Contracts or mods that will be performed entirely outside US
4.) Mods or contracts that do not contain clause at 52.219-8, Utilization of Small Biz Concerns

Front 90

What is the DoD threshold for public announcement of contract awards (Form 1279)?

Back 90

$6.5M, face value and excluding unexercized options.

UCAs, report the NTE amount. Later, if definitized amount exceeds NTE by more than $6.5M, report only the amount exceeding the NTE.

Front 91

What is a gross mistake amounting to fraud?

Back 91

A mistake so serious or uncalled for as not to be reasonably expected, or justifiable, in the case of a responsible contractor; a mistake that cannot be reconciled in good faith.

Front 92

Limitations on contract to neutralize, avoid, or mitigate OCI?

Back 92

1.) Providing Systems Engineering and Technical Direction
2.) Preparing specifications or work statements
3.) Providing Evaluation Services
4.) Obtaining access to proprietary information.
5.) Limitations on contractor to perform lead systems integrator functions.
6.) Limitations on systems engineering and tech assistance contracts.

Front 93

Define "Broad Agency Announcement".

Back 93

BAA: Competitive procedure for basic and applied research.
- General in nature
- Not related to a specific weapon system or hardware procurement.

Front 94

Advantages of BAA?

Back 94

1.) Open communication throughout process (evaluator may contact offeror directly for proposal clarification during evaluation)
2.) Whole or part of proposal can be acquired
3.) Can award contract or assistance
4.) Flexibility - SS Procedures not required.

Front 95

Standard evaluation criteria for BAAs?

Back 95

1.) Technical
- Tech/Cost proposals evaluated at same time and categorized as Category I, II or III

2.) Cost/Price

3.) Risk Assessment

Front 96

What types of BAAs do adequate price competition not apply?

Back 96

1.) Open
2.) Open w/ Calls (price competition contemplated)
3.) Staggered Closed (price competition contemplated for proposals received by specified date and time)

Front 97

What is a claim?

Back 97

A written demand or written assertion by one of the contract parties seeking, as a matter of right, the payment of money in a certain sum, the adjustment or interpretation of contract terms or other relief arising under or relating to the contract.

Front 98

Essential Elements of ADR?

Back 98

1.) Existence of an issue in controversy;
2.) A voluntary election by both parties to participate in the ADR process
3.) An agreement on alternative procedures and terms to be used in lieu of formal litigation
4.) participation in the process by officials of both parties who have the authority to resolve the issue in controversy.

Front 99

Claims over $100,000 must certify to what?

Back 99

1.) Made in good faith
2.) Supporting data accurate and complete
3.) Amount accurately reflects contract adjustment for which government is liable
4.) can only be made by a person authorized to bind contractor w/r/t claim.

Front 100

COs must publicize contract actions in order to do what?

Back 100

1.) Increase competition
2.) Broaden industry participation in meeting USG requirements
3.) Assist small business concerns in obtaining contracts and subcontracts.

Front 101

Exceptions to Synopsis?

Back 101

1.) Compromise National Security
2.) Unusual and Compelling Urgency
3.) Foreign government/International agreement or treaty
4.) Expressly authorized or required by statute
5.) Utility services and only one source is available
6.) Order placed under ID contract
7.) Acceptance of proposal under SB Innovation Dev Act

Hint 101

8.) Acceptance of unsolicited research proposal
9.) Perishables
10.) Brand name commercial items for resale
11.) Actions under existing contract previously synopsized
13.) Action performed outside US
14.) under SAT
15.) Services of an expert in any current or anticipated litigation or dispute.

Front 102

When should RADs be reported, to whom shall they be reported at what threshold?

Back 102

Approved RADs w/ an estimated annual value of $10M or more shall be reported to the SMS quarterly. (AFI63-138)

Front 103

When should an Early Strategy and Issues Session (ESIS) be held?

Back 103

Typically 120 days before the ASP for services, typically valued at over $100M

Front 104

Part 8, agencies shall satisfy requirements for what supplies or services from or through specified sources, as applicable?

Back 104

1.) Public Utilities Services (Part 41)
2.) Printing related supplies (subpart 8.8)
3.) Leased motor vehicles (subpart 8.11)
4.) Strategic and critical materials from inventories exceeding national defense stockpile requirements
5.) Helium

Front 105

As required by the Small Biz Act and Office of Federal Procurement Policy Act, COs must disseminate info on proposed contract actions how?

Back 105

1.) Proposed actions expected to exceed $25,000, synopsizing on GPE
2.) If > $15,000 and < $25,000, display in public place an unclassified notice of solicitation or copy of the solicitation

(Must remain posted for 10 days)

Front 106

What are some intellectual property categories?

Back 106

1.) Patent (right to exclude others from making, using or selling an invention)
2.) Copyright (restrictions on copy, etc a creative work)
3.) Trademark
4.) Trade Secret (info that 1. Has economic value by not being known by public, 2. Owner takes reasonable steps to protect the disclosure)

Front 107

Two types of restrictive markings?

Back 107

1.) Non-conforming (DFARS 252.227-7013, Rights in Technical Data -- Non-commercial items)
2.) Unjustified

Front 108

Financing in order of preference?

Back 108

1.) Private finance without government guarantee (not intended for contractor to obtain private financing at unreasonable terms or from other agencies)
2.) Customary contract financing other than loan guarantees and certain advanced payments.
3.) Loan guarantees
4.) Unusual contract financing
5.) Advance payments

Front 109

Does LPTA permit trade-offs between price and non-price factors?

Back 109

No - see FAR 15.101-2

However, past performance may be used to determine responsibility. If past performance is included as a factor, the ratings are either "acceptable" or "unacceptable"

Front 110

What should all LPTAs evaluate?

Back 110

1.) Cost/Price
2.) Acceptability of product or services

(All factors should be evaluated separately and evaluated on an "acceptable" or "non-acceptable" basis)

Front 111

Where to go for DoD and AFFARS mandatory SS procedures?

Back 111

1.) MP5315.3, Source Selection (Revised 27 Mar 13)
2.) DoD SS procedures dated 04 Mar 11

Front 112

The contracting officer shall set aside an acquisition or class of acquisitions for competition among small businesses when...?

Back 112

Per FAR 19.502-1

1.) It is determined to be in the best interests of maintaining or mobilizing the Nation's full productive capacity, war or national defense programs
2.) Assuring a fair proportion of government contracts in each industry category is placed w/ small biz concerns; and the circumstances described in 19.502-2 or 19.502-3(a) exist.

Front 113

What is an "individual" subcontracting plan?

Back 113

A subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Hint 113

Per DPAP Memo:

- 1 contract, 1 plan
- goals support planned subktr for 1 contract
- covers entire contract period (including options)
- Contains mandatory elements
- Submit Subcontracting Reports: 1.) ISR (semiannually), 2.) SSR (semiannually for DoD)

Front 114

What is a "master" subcontracting plan?

Back 114

A subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. Also...

Hint 114

Master plans shall be effective for a 3-year period after approval by the CO; it is incumbent on the ktr to maintain and update. These master plans are established at a plant or division-wide basis.

Front 115

What gives grant officers their authority to enter into assistance?

Back 115

Grant Officers given authority by statute (SecDef statute 10 USC 2391) or authority provided to DoD under 10 USC 2358 and federal statutes that give direct authority.

Front 116

What are some of the main conditions necessary to have defective pricing?

Back 116

1.) Information in question fits the definition of cost or pricing data.
2.) Accurate, complete and current data existed and were reasonably available to ktr before agreement on price.
3.) A, C, and Current data were not submitted or disclosed to the CO or one of the authorized reps of the CO
4.) The USG relied on the defective data in negotiating w/ the contractor
5.) USG reliance on defective data caused an increase in contract price.

Front 117

Is a Basic Ordering Agreement a contract? Why or why not?

Back 117

Authority: FAR 16.703

No, each order is considered a new requirement. Therefore, you must seek proposer approval and competition. Additionally, it does not contain the element of consideration.

Front 118

Agencies shall not consolidate contract requirements when? Exceptions?

Back 118

Agencies shall not consolidate contract requirements with an estimated total value exceeding $2M unless the Acq strategy includes:
1.) the results of market research
2.) ID of any alternate contract approaches that would involve a lesser degree of consolidation
3.) A determination by SPE that consolidation is necessary and justified.

Front 119

As the process for approval of a scope determination is not in the FAR, how was the process determined?

Back 119

GAO Case Law

Front 120

What information is on a Certificate of Current Cost and Pricing Data?

Back 120

1.) ID of the proposal, request for price adjustment or other submission involved, giving the appropriate ID #
2.) Day, month and year when price negotiations were concluded and the price agreement was reached or, if applicable, an earlier date agreed upon between parties that is close as practicable to the date of agreement on price.
3.) Day, month and year of signing, which should be as close as practicable to date when the price negotiations were concluded and the contract price was agreed to.

Front 121

Purpose, time and amount refers to what in fiscal law?

Back 121

Purpose: Purpose Statute, funds be used only for purpose and programs for which appropriation was made

Time: Bona Fide Need, statutory - a fiscal year appropriation may be obligated only to meet a legitimate need, or bona fide need, arising in, or in some cases arising prior to but continuing to exist in, the FY for which the appropriation was made.

Amount: Anti-deficiency Act (ADA), you cannot spend funds you do not have and when you spend appropriated funds, they must be spent exactly for the reason Congress appropriated money for.

Front 122

Excusable delay is not permitted in the event of a strike if the contractor could have ended the strike by pursuing what actions?

Back 122

1.) Filing a charge w/ the National Labor Relations Board to permit the Board to seek injunctive relief in court;
2.) Using other available Government procedures
3.) Using private boards or organizations to settle disputes.

Front 123

Describe personal services contracts.

Back 123

A contract characterized by the employer-employee relationship it creates between the Government and contractor's personnel. The gov is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. Agencies shall not award personal services contracts unless specifically authorized by statute (FAR 37.104)

Front 124

Regulatory exemptions to Walsh-Healy Act?

Back 124

1.) Public Utility Services
2.) Supplies Manufactured Outside the US, Puerto Rico & US Virgin Islands
3.) Purchases against the account of a defaulting contractor where the stipulations of the Act were not included in the defaulted contract
4.) Newspapers, magazines, or periodicals, contracted for with sales agents or publisher reps, which are to be delivered by the publishers thereof.

Front 125

When does Walsh-Healey Apply?

Back 125

All contracts and subcontracts for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $15,000, shall include or incorporate by reference the stipulations required by the Act pertaining to such matters as minimum wages, maximum hours, child labor, convict labor and safe and sanitary working conditions.

Front 126

When should EVMS be used?

Back 126

1.) Cost or incentive contracts valued at $20M or more, EVMS shall comply with ANSI/EIA-748
2.) Cost or incentive contracts valued at $50M or more, EVMS shall be determined by a cognizant agency that it is in compliance with ANSI/EIA-748.
3.) Other in DFARS 234.201

Front 127

Explain a CRA

Back 127

CRA act passed by Congress to continue operations of the government when the normal appropriations acts have not been passed by the beginning of the fiscal year.

Front 128

What does it mean when funds are "committed"?

Back 128

A commitment is an administrative reservation of funds based on firm procurement requests, unaccepted customer orders, Directives and equivalent instruments

Front 129

What is a cardinal change?

Back 129

A change that is beyond the scope of the contract and, thus, cannot be ordered by the CO under the contract's Changes clause.

(NOT USED ANYMORE)

Front 130

How to determine whether work is in scope?

Back 130

Work lies within the scope of the contract if it can fairly and reasonably be regarded as within the contemplation of parties when the contract was entered into or if it is essentially the same work that the parties bargained for when the contract was awarded.

Front 131

What must be done to award a single-source IDIQ above $103M?

Back 131

Written determinaton from the HCA that:
1.) The Task or Delivery Orders expected are so integrally related that only a single source can reasonably perform the work.
2.) The contract provides only for FFP TO or DOs for a) products for which unit prices are established in the contract; or b) services for which prices are established in the contract for the specific tasks to be performed.

Hint 131

3.) Only one source is qualified and capable of performing the work at a reasonable price to the government; or
4.) It is necessary in the public interest to a award the contract to a single source due to exceptional circumstances.

(HCA must notify Congress w/in 30 days of determination; not applicable to architecture/engineering services)

Front 132

CO must not use multiple award approach for IDIQ contracts if what?

Back 132

1.) Only one contractor is capable of providing performance at level of quality required b/c supplies or services are unique or highly specialized.
2.) Based on CO knowledge of market, more favorable T&Cs will be provided if a single award is made.
3.) The expected cost of admin of multiple contracts outweighs expected benefits of making multiple awards;

Hint 132

4.) The projected orders are so integrally related that only a single contractor can reasonably perform the work;
5.) The total estimated value of the contract is less than the SAT;
6.) Multiple awards would not be in the best interests of the government.

Front 133

Agencies shall perform Acq planning and conduct market research for all acquisitions to promote and provide for what?

Back 133

1.) Acq of commercial items or non-developmental items to the maximum extent practicable.
2.) Full and open competition or competition to the maximum extent practicable.
3.) Selection of appropriate contract type IAW Part 16.

Front 134

When should acquisition planning begin?

Back 134

As soon as the agency need is identified.

Front 135

According to the FAR, the CO shall not employ options if...?

Back 135

1.) The ktr will incur undue risks (e.g., the price or availability of necessary materials or labor is not reasonably foreseeable)
2.) Market prices for the supplies or services involved are likely to change substantially; or
3.) The option represents known firm requirements for which funds are available unless (I) the basic quantity is a learning or testing quantity and (II) Competition for the option is impracticable once the initial contract is awarded.

Front 136

Is any approval required for an effort that is out of scope?

Back 136

Changes outside the scope of the original contract are considered new work and constitute a cardinal change and one of two things should happen:
1.) Compete the Requirement
2.) Get a J&A and seek proper approval

Tim

Front 137

What can a contractor do if a claim is denied?

Back 137

The contractor has 90 days to go to the Armed Services Board of Contract Appeals or 1-year to go to the court of federal claims.

Front 138

What is certified cost and pricing data?

Back 138

All facts, that as of the date of price agreement, or if applicable, an earlier date agreed upon between the parties that's as close as practicable to the date of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost and pricing data are factual, not judgemental; and are verifiable.

Front 139

What clause is used in all UCAs?

Back 139

FAR 52.216-24, Limitation of Government Liability.

Front 140

DoD policy states UCAs shall only be used when?

Back 140

1.) The negotiation of a definitive contract action is not possible in sufficient time to meet the Government's requirements; and
2.) The Government's interest demands that the contractor be given a binding commitment so that contract performance can begin immediately.

Front 141

When should a J&A be posted?

Back 141

The PCO has 14 days from contract award except in the case of unusual and compelling urgency where the PCO has 30 days to post the J&A. Do not post if using National Security.

Front 142

What is termination for default?

Back 142

T for D is generally the exercise of the Government's right to completely or partially terminate a contract b/c of the contractor's actual or anticipated failure to perform its contractual obligations.

Front 143

What is the SSAC's role in SS over $100M?

Back 143

To provide the SSA with a written comparative analysis of proposals and award recommendation for the SSA's consideration

Front 144

Use liquidated damages clauses only when?

Back 144

1.) The time of delivery or timely performance is so important that the government may reasonably expect to suffer damage if the delivery or performance is delinquent.
2.) The extent or amount of such damage would be difficult or impossible to estimate accurately or prove.

Front 145

Two underlying principles when dealing w/ organizational and consultant conflicts of interest?

Back 145

1.) Preventing the existence of conflicting roles that may bias a contractor's judgement;
2.) Preventing an unfair competitive advantage.

In addition to other situations described in 9.505, an unfair competitive advantage exists where contractor competing for award for any Federal contract possesses ...

Hint 145

1.) Proprietary information that was obtained from a Gov't official w/o proper authorization
2.) SS information that is relevant to the contract but is not available to all competitors, and such info would assist that contractor in obtaining the contract.

Front 146

Examples of sources of information the CO should use to determine contractor responsibility?

Back 146

1.) SAM
2.) Records and experience data, including verifiable knowledge of personnel within contracting office, etc.
3.) Pre-award survey reports
4.) The prospective contractor
5.) Commercial sources of supplier info of a type offered to buyers in private sector.
6.) Other sources
7.) FAPIIS

Front 147

What are the basic responsibility standards?

Back 147

1.) Ability to obtain resources
2.) Satisfactory performance record
3.) Affliliated concerns

Front 148

When should 52.209-5, certification regarding responsibility matters, and 52.209-7, information regarding responsibility matters be included in a solicitation?

Back 148

Cert - over the SAT
Info - over $500k

Front 149

When is it generally not a good idea to request a Pre-Award Survey?

Back 149

FFP contracts at or below the SAT or contracts that involve the acquisition of commercial items.

Front 150

Early effective dates... Decribe.

Back 150

1.) Approval for the use of an early effective date is at the directorate or division PK level or equivalent. After reaching agreement on terms, conditions, price, and if funds are available, the CO may advise a prospective ktr in writing of the USG's intent to use an early effective date before the contract mailing (award/signed) date. The early effective date shall not be earlier than the price agreement date.
2.) State in the notice that any costs recognized in a resulting contract shall be limited to those allowable, allocable and reasonable; costs that would normally be recognized if incurred after contract award. Also state if there is no contract, all incurred costs shall be at the ktr's own risk

Hint 150

3.) Provide contractual coverage with a letter contract, or other appropriate UCA, if the USG intends to direct a prospective contractor, accept benefits of efforts, or make payments before definitive contract mailing date.
4.) Obtain legal review for early effective dates established more than 30 days prior to the envisioned contract award date.

(AFMC MP 5304.101-90)

Front 151

Difference between Buy American and Berry Amendment?

Back 151

Buy American: Over $3,000, restricts end products w/ two-part test; article must be manufactured in US and the cost of domestic components must exceed 50% of cost of all components. D&F approval, level above CO for < or = to SAT, Chief of Contracting office > SAT but < $1.5M HCA or immediate deputy for Acq > $1.5M

Berry Amendment: DoD only, required for acquisitions above SAT, list of articles on DPAP site, only USD or SECAF can approve a waiver.

Front 152

When the CO must determine the nature of the work/requirement (Type A, B, C) to determine if a COR is needed, what do Type A, B, and C represent?

Back 152

Type A: Fixed-price, low performance risk requirements

Type B: Other than fixed-price, low performance risk requirements.

Type C: Unique requirements that necessitate a professional license, higher education or specialized training.

Front 153

CO shall set aside any acquisition over $150k for small business participation when there is reasonable expectation that...?

Back 153

1.) Offers will be obtained from at least 2 responsible small biz concerns offering the products of different small business concerns.

2.) Award will be made at fair market price. Total small biz set-asides shall not be made unless such a reasonable expectation exists. In R&D set-asides, there must also be a reasonable expectation of obtaining from small biz the best scientific and tech sources consistent w/ the demands of the proposed acquisition for the best mix of cost, performances and schedules.

Front 154

The CO shall set aside a portion of an acquisition, except for construction, for exclusive small business participation when...?

Back 154

1.) A total set-aside is not appropriate;
2.) The requirement is severable into 2 or more economic production runs or reasonable lots;
3.) 1 or more small business concerns are expected to have the technical competence and productive capability to satisfy the set-aside portion of the requirement at fair market price;

Hint 154

4.) The acquisition is not subject to simplified acquisition procedures;
5.) A partial set-aside shall not be made if there is a reasonable expectation that only 2 concerns (1 large & 1 small) with capability will respond with offers unless authorized by the head of a contracting activity on a case by case basis. Similarly, a class of acquisitions, not including construction, may be partially set-aside. Under certain specified conditions, partial set-asides may be used in conjunction with multi year contracting procedures.

Front 155

What specific benefits must be realized to determine bundling to be necessary & justified compared to benefits it would derive from contracting to meet those requirements if not bundled?

Back 155

1.) 10% of estimated contract or order value (include options) if the value is $94M or less; or
2.) 5% of the estimated contract or order value (include options) or $9.4M, whichever is greater, if value exceeds $94M

Front 156

Equal Opportunity Procedures for contracts & subcontracts valued at what?

Back 156

Threshold: $10M or more...

Procedures:
1.) If above $10M, the CO shall request clearance from the appropriate OFCCP regional office before: (i) award of any contract, including any indefinite delivery contract or letter contract, (ii) modification of an existing contract for new effort that would constitute a contract award.

Hint 156

2.) Preaward clearance for each proposed contract and each proposed first-tier sub of $10M or more shall be requested by the CO directly from the OFCCP regional office(s).

DO NOT NEED PREAWARD CLEARANCE FOR:

1.) The specific proposed contract is listed in OFCCP's National Preaward Registry.
2.) Projected award date is within 24 months of proposed contractor's Notice of Compliance date in the Registry; and
3.) The CO documents the Registry review in the contract file.

Front 157

What are AF Better Buying Power Practices?

Back 157

Think of living room
1.) Manage affordability/efficiency throughout life cycle
2.) Use contract type/incentives effectively.
3.) Enhance competition
4.) Enhance Tradecraft of Services
5.) Optimize use of small business
6.) Leverage Buying Power

Hint 157

7.) Be an informed buyer of commercial items
8.) Conduct a rigorous cost/price analysis
9.) Employ innovative Profit/Fee analysis techniques
10.) Use DCAA/DCMA services effectively
11.) Conduct effective contract negotiations.

Front 158

What is a multi-year contract?

Back 158

Special contracting method that allows purchase of supplies or services for more than 1, but no more than 5, program years, even though the total funds ultimately required to be obligated for subsequent years are not available at the time of contract award. Allows contractor to conduct production and capitalization planning in a more efficient environment than that which characterizes the annual appropriations and acquisition cycle.

Front 159

According to BBP 2.0, when should planning stages for follow-on acquisitions begin?

Back 159

1.) No later than 36 months prior to expiration of existing contract.

2.) For service acquisitions > $100M, use predictive scheduling tool to assist with planning.

Front 160

Air Force Procedures Using Military Interdepartmental Purchase Requests (MIPRS) are detailed in what AFI and MP?

Back 160

AFI 65-116

MP5317.5 - Interagency Acquisition

Front 161

Which MP contains HCA delegations and non-delegable responsibilities?

Back 161

MP5301.601(a)(i) - Head of Contracting Activity Matrix

Front 162

What AFI is for Acquisition of Services?

Back 162

AFI 63-138

Front 163

What are the acquisition procedures for replenishment parts when data is not available?

Back 163

1.) When items of identical design are not required, the Acq may still be conducted through full & open competition by using a performance spec or other similar tech requirement or purchase description that does not contain data w/ restricted rights. Two methods are:
- Two-step sealed bidding
- Brand name or equal purchase descriptions

Hint 163

2.) When other than full and open competition is authorized under FAR Part 6, acquire the part from the firm that developed or designed the item or process, or its licenses, provided productive capacity and quality are adequate and price is fair and reasonable.

Front 164

What are "March-In" rights?

Back 164

The right of the government to require a contractor or sub that has made a subject invention to grant another party a license to use that invention if it is determined that the contractor has not achieved practical application of the invention or that a license is needed for public purposes.

Front 165

What are the types of BAA solicitations?

Back 165

1.) One Step (due by specific date, standard 45 day proposal prep, evaluated and selected for individual negotiation)
2.) Two-Step (Step 1: White paper ROM, 30 day response, late rule applies, evaluated and selected for 2nd step/Step 2: 30 day proposal prep, selected Offerors full tech/cost proposals, evaluated & selected for individual negotiation, those not selected may still submit)
3.) Open (Proposal submittals at any time, solicitation open for extended period, late rule does not apply, proposals evaluated after submittal and either selected or not, no adequate price competition)

Hint 165

4.) Open w/ Calls (Open for extended period, describes one or more areas of interest, solicitation for specific project or tech areas announced in calls, late rule applies, proposals evaluated & selected for individual negotiation as in one step, APC contemplated)
5.) Staggered Closed (BAA specifies date & time for receipt of proposals but allows submission after, likelihood of funding after date drops, evaluated and selected for individual negotiation, APC contemplated for proposals received by specific date & time)

Front 166

When should COs provide property to contractors?

Back 166

When it is clearly demonstrated that:
1.) Doing so is in the USG's best interest:
2.) The overall benefit to the Acq significantly outweighs the increased cost of admin, including ultimate property disposal;
3.) Providing the property does not substantially increase the government's assumption of risk; and
4.) USG requirements cannot otherwise be met.

Front 167

Procedures for resolving contract audit recommendations?

Back 167

A significant disagreement exists when the CO's pre-negotiation plans to sustain less than 75% total questioned costs and recommendations in a DCAA audit report on proposal > $10M. When disagreements occur, the CO shall attempt to resolve issues w/ auditor prior to business clearance. If not, CO should document results of meeting w/ auditor & include reasons for the disagreement w/ specific elements of cost questioned. The CO will provide the auditor w/ written communication of the disagreement.

Hint 167

Should DCAA request AF mgmt review, the CO will advance the issue through mgmt chain & provide name & phone # of SCO or SCCO to the cognizant DCAA rep. If still disagree, the SCO or SCCO will advance the issue to the HCA to support any request from DCAA for further resolution.

Front 168

Five elements of documentation required when considering the use of Cost-Reimbursment contract type?

Back 168

1.) Use of a cost-reimbursable (CR) contract type is justified.
2.) Approval at least one level above CO
3.) Gov't resources available to monitor the CR contract.
4.) The contractor has an adequate accounting system in place during the entire contract.
5.) How requirements might transition to FFP in the future.

Front 169

Limitations on subcontracting clause is what and what does it say?

Back 169

FAR 52.219-14

Small business concerns and 8(a) concerns; contractor agrees that -

Services (except construction) - At least 50% of cost of contract performance incurred for personnel shall be expended for employees of the concern

Supplies (other than procurement from a nonmanufacturer of such supplies) the concern shall perform work for at least 50% of the cost of mfg the supplies, not including the cost of materials.

Front 170

What is modular contracting?

Back 170

The use of one or more contracts to acquire Information Technology systems in successive, interoperable increments.

Front 171

When should modular contracts be awarded?

Back 171

To avoid obsolescence, a modular contract for IT should, to the maximum extent practicable, be awarded within 180 days after the date on which the solicitation is issued. If award cannot be made w/in 180 days, agencies should consider cancellation of the solicitation IAW 14.209 or 15.206(e). To the maximum extent practicable, deliveries should be scheduled to occur w/in 18 months after issuance of solicitation.

Front 172

What must all J&A packages include that are submitted for review and approval one level above the CO?

Back 172

Per Memo dated 15 Apr 13, the J&A package must include the J&A for the predecessor acquisition as a reference document.

Front 173

What clause must be included in all contracts subject to CAS that outlines actions a CO must take when a DoD contractor's business systems contain a significant deficiency?

Back 173

Per memo dated 18 Mar 13, DFARS 252.242-7005 must be included in all contracts subject to CAS.

Front 174

What are the J&A approval levels?

Back 174

1.) <= $650k, Chief of Contracting Office (delegable to CO, consistent w/ warrant level)
2.) > $650k =< $12.5M, Procuring Activity Competition Advocate (not further delegable)
3.) > $12.5M <= $85.5M, PEO, head of procuring activity, (delegable to flag/general officer or civilian SES)
4.) > $85.5M, SPE, not further delegable. (Must also be coordinated w/ DAS(C) or the ADAS(C) and approved by the SPE.

Front 175

What are the general ASP requirements?

Back 175

1.) Take place as early on as possible in Acq planning process to develop a systematic and disciplined approach to achieve an efficient/effective acquisition.
2.) PM or CO (if PM not assigned) must conduct an ASP for all ACAT programs and AFPEO/CM acquisitions.
3.) For other contracting acquisitions, ASPs must be convened for all acquisitions that require an AP. ASP chair may establish streamlined ASP procedures for acquisitions < $10M
4.) ASP chairperson is authorized to waive requirement for an ASP

Front 176

Who approves acquisitions to be purchased through a contract or task order that is not performance based?

Back 176

The Services Designated Official (SDO) - if more than 50% of requirement, measured in $, is performance based, the requirement can be considered a performance-based services acquisition.

Front 177

What is the current situation w/ accelerated payments to small business subcontractors?

Back 177

A new FAR clause has been included, FAR 52.232-40, and requires the prime, upon receipt of accelerated payment from the USG, to make accelerated payments to small biz subs. All new solicitations after 26 Dec 13 and resultant contracts and includes commercial items.

Front 178

What are the principal purposes of a warranty?

Back 178

1.) To delineate the rights and obligations of the contractor and government for defective items and services; and,
2.) To foster quality performance

Front 179

If a contractor is placed on EPLS (now SAM), what are rules of continuation of current contracts w/ contractor?

Back 179

1.) Agencies may continue contracts or subcontracts in existence at the time the ktr was debarred, suspended or proposed for debarment unless the agency head or designee directs otherwise.
2.) May continue to place orders against existing contracts in the absence of a termination.
3.) Agencies shall not renew or otherwise extend the duration of current contracts or consent to subcontracts unless the agency head or a designee authorized representative states, in writing, the compelling reasons for renewal or extension.

Front 180

To determine whether a warranty is appropriate for a specific acquisition, the CO shall consider what factors?

Back 180

1.) Nature and use of the supplies or services.
2.) Cost
3.) Administration and Enforcement.
4.) Trade Practice
5.) Reduced requirements.

Front 181

Describe the use of warranties in a cost reimbursement type contract?

Back 181

Except for the warranties in clauses at 52.246-3, Inspection of Supplies -- CR, and 52.246-8, Inspection of R&D -- CR, the CO shall not include warranties in CR contracts. DFARS gives one exception to the rule: Clause for Warranty of Data.

Front 182

To facilitate the pricing and enforcement of warranties, the CO shall ensure that warranties clearly state what?

Back 182

1.) Exact nature of the item and its components and characteristics that the ktr warrants;
2.) Extent of the ktr's warranty including all of the ktr's obligations to the gov't for breach of warranty;
3.) Specific remedies available to the gov't; and
4.) Scope and duration of warranty.

Front 183

The CO shall consider what general guidelines when preparing warranty T&Cs?

Back 183

1.) Extent of ktr obligations.
2.) Remedies
3.) Duration of warranty
4.) Notice
5.) Markings
6.) Consistency

FAR 46.706

Front 184

Describe subcontracting plans for commercial contract.

Back 184

Covered by a commercial plan, which is a subktr plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof. Once a commercial plan has been approved, the USG shall not require another sub plan from the same ktr while the plan remains in effect as long as the product or service being provided by the ktr continues to meet the definition of a commercial item. FAR 19.704(d)

Hint 184

Per DPAP memo:

- preferred for contractors furnishing commercial items
- applies to entire production of commercial items sold by either entire company or a portion thereof
- based on ktr's fiscal year
- annual plan (applies to ALL government contracts in effect during that period)
- contains mandatory elements
- submit subktr reports
- SSR (annually)

Front 185

"Fault" in a constructive change can take the form of what?

Back 185

1.) Implied Warranty of Specifications
2.) Superior knowledge.

Claims concerning:
1.) Contract interpretation
2.) Defective specifications
3.) Nondisclosure of Information
4.) Impractibility of Performance
5.) Breach of Duty to cooperate and,
6.) Acceleration

Front 186

Where can you find detailed procedures on the closeout process?

Back 186

FAR at 4.804; charges the office administering the contract w/ this responsibility after receiving evidence of its physical completion. Generally speaking, most of these requirements are applicable to grants. Admin of FAR and non-FAR contractual instruments in conjunction w/ PM or PO and ACO can alleviate the potential for untimely contract closeouts.

Front 187

What is MAJCOM, Center level, directorate level, division level, branch level?

Back 187

MAJCOM: AFMC
Center: AFLCMC
Directorate: AFLCMC/WN (Agile Combat Support)
Division: AFLCMC/WNS (Simulators division)
Branch: AFLCMC/WNSK (Sims contracting branch)

Front 188

What does HCA, ADAS(C) and DAS(C) stand for?

Back 188

HCA: Head of Contracting Activity
DAS(C): Deputy Assistant Secretary (Contracting)
ADAS(C): Assistant Deputy Assistant Secretary (Contracting)

Front 189

When business clearance is to be done by DAS(C)/ADAS(C) the business clearance request must include, at a minimum, what?

Back 189

1.) A brief description of the contract action;
2.) The desired date of business clearance approval;
3.) The estimated dollar amount; and
4.) The POC for the assigned AQC action officer to contact.

Front 190

What is the HCA? SPE?

Back 190

HCA is SAF/AQC director
SPE is SAF/AQ director

Front 191

What is Small Business Plan Clause for DoD contracts and what are some key points?

Back 191

DFARS 252.219-7003

The master subcontracting plan is approved by the Contractor's cognizant contract administration activity.

Contractor shall submit reports to eSRS

Front 192

What does "Warranty of Data" clause state?

Back 192

DFARS 252.246-7001

..."the contractor warrants that all technical data delivered under this contract will at the time of delivery conform with the specifications and all other requirements of this contract. The warranty period shall extend for 3 years after completion of the delivery of the line item of data of which the data forms a part; or any longer period specified in the contract.

Front 193

How is a warranty impacted if the government specifies or doesn't specify the design of the item?

Back 193

If the USG specifies the design of the end item and its measurements, tolerances, materials, tests or inspection requirements, the contractor's obligations for correction of defects is usually limited to defects in workmanship or failure to conform to specifications. If the USG does not specify the design, the warranty extends to the usefulness of the design.

Front 194

Four elements of an FPIF contract?

Back 194

1.) Target cost
2.) Target Profit
3.) Ceiling Price
4.) Profit adjustment formula

Front 195

What are limitations on FPIF contracts, i.e. when can this contract type be used?

Back 195

The contract type may only be used when:
1.) The contractor's accounting system is adequate for providing data in support to support negotiation of final cost and incentive price revision; and
2.) Adequate cost or pricing information for establishing reasonable firm targets is available at the time of initial contract negotiation.

Front 196

Elements of a CPIF contract?

Back 196

1.) Target cost
2.) Target fee
3.) Min and Max fees
4.) Fee adjustment formula

Front 197

What types of acquisitions are not subject to the Berry Amendment (DFARS 225.7002-1)?

Back 197

1.) Acquisitions at or below the SAT
2.) Acquisition of any Berry Amendment covered items if the Secretary concerned determines the items grown, reprocessed, reused or produced in the US cannot be acquired as and when needed in a satisfactory quality and sufficient qty at US market prices. (Requirement at DFARS 205.301 for synopsis within 7 days after contract award when using this exception)
3.) Acquisiton of items listed in FAR 25.104(a)
4.) Acquisitons outside of US I support of combat ops.
5.) Acquisitons of perishable foods by or for activities located outside the US for personnel of those activities.

Hint 197

6.) Acquisitions of food or hand or measuring tools in support of (a) contingency ops, (b) for which use of other than competitive procedures has been approved on the basis of unusual and compelling urgency.
7.) Emergency acquisitions by activities located outside the US for personnel of those activities.
8.) Acquisitons by vessels in foreign waters
9.) Acquisitions of items specifically for commissary resale.
10.) Others listed under DFARS 225.7002-2

Front 198

Supporting documentation for a Domestic Nonavailability Determination?

Back 198

1.) An analysis of alternatives that would not require a DNAD, and
2.) A written certification by the requiring activity, with specificity, why such alternatives are unacceptable.
3.) Approval by one of the officials authorized to make a DNAD:
- AF specific, (a) Secretary of Air Force, SECAF

Front 199

Can Multi-Year Contracting be used for R&D?

Back 199

No

Front 200

What are the two types of Multi-Year Contracts?

Back 200

1.) Non-Economic Order Quantity (EOQ)
2.) EOQ

Front 201

What are the four (4) Weighted Guidelines profit factors?

Back 201

1.) Performance risk (Technical and Management/Cost Control Risk components)
2.) Contract Type Risk
3.) Facilities Capital Employed
4.) Cost Efficiency

DFARS 215.404-71

Front 202

Where can one find information on the cost efficiency factor? Briefly summarize.

Back 202

Find information: DFARS 215.404-71-5

This special factor provides an incentive for contractors to reduce costs. To the extent that the contractor can demonstrate cost reduction efforts that benefit the pending contract, the CO may increase the pre-negotiation profit objective by an amount not to exceed 4% of total objective cost to recognize these efforts. 8 Criteria listed under DFARS 215.404-71-5(b)

Front 203

What is needed to use a Multi-Year Contract (MYC)?

Back 203

DFARS 217.171 - 174:

Before entering into MYC, you should have:
1.) Explicit approval from Congress (major multi-year programs only)
2.) Adequate production and advanced procurement funds earmarked for the contract for the entire period of the MYC; and
3.) An established amount of validated savings (or cost avoidance) to be generated by using the MYC approach.

Front 204

Content in D&F for T&M contracts?

Back 204

1.) Include a description of the market research conducted.
2.) Establish that it is not possible at the time of placing the contract or order to accurately estimate the extent or duration of the work or to anticipate costs w/ any reasonable degree of certainty.
3.) Address why a CPFF term contract or order is not appropriate.
4.) Establish that the requirement has been structured to minimize the use of T&M/Labor hour requirements.
5.) Describe plans to minimize the use of T&M/Labor-Hour contracts in the future.

Front 205

When should a written Acquisiton Plan be prepared?

Back 205

1.) acquisitions for development, when the total cost of all contracts for the acquisition program is estimated at $10M or more
2.) acquisitions for production or services when the total cost of all contracts for the acquisiton program is estimated at $50M or more for all years or $25M or more for any fiscal year.
3.) Any other acquisition considered appropriate by the dept or agency
4.) Written plans are NOT required in acquisitions for a final buy or one-time buy.

Front 206

What are acquisitions that do not require an AP or SASS?

Back 206

1.) Task/Delivery Orders issued in strict compliance w/ the terms of the basic contract except non-DOD orders >= $10M;
2.) Mods within scope of contract;
3.) Replenishment Parts except for those replenishment buys that require design; development, verification testing, and approval before start of production;
4.) Basic research under funding category 6.1

Front 207

Acquisitions less than $10M that require AP documentation?

Back 207

1.) Limited experience w/ the specified requirement and there is a moderate to high risk of not completing Acq successfully
2.) Where incentives (e.g. Award fee, incentive fee) are to be included;
3.) Where there is a history of protests or performance problems; and
4.) Acq being conducted as an AFFARS 5315.3 SS. When the SSA is the CO, a SASS may be used in lieu of an AP.

Front 208

Can the SSA be the PCO for acquisitions w/ a total estimated value of $100M or more?

Back 208

No.

Front 209

Two tools for conducting market research in a source selection?

Back 209

1.) Industry Days (info and feedback important to framing the USG Acq strategy (e.g. Pre-solicitation conference, pre-proposal conference)
2.) Draft RFPs

(From DoD SS Procedures)

Front 210

When is a Past Performance Evaluation required in a SS?

Back 210

1.) $5M for systems and operations support & fuel;
2.) $1M for services, IT and health care.

Front 211

Who grants waivers to AFI 63-138?

Back 211

Waivers may only be granted by the SAE through the SMS or as specified in delegations enumerated in Service Management Agreements (SMS) executed w/ responsible SDOs. SDOs shall submit waiver requests through the SMS for coordination and forwarding to SAE, unless a unique arrangement is defined in an SMA.

Front 212

A performance based service acquisition consists of what?

Back 212

1.) Early Strategy and Issues Session (ESIS)
2.) Acquisition Strategy
3.) Market Research
4.) Performance Work Statement (PWS)

(AFI 63-138)

Front 213

What elements are critical to the successful delivery of performance-based services?

Back 213

Per AFI63-138

1.) Use of MFTs
2.) Deliberate acquisition planning
3.) Well defined requirements (e.g. PWS, QASP)
4.) Mgmt of service delivery through active surveillance of services
5.) Adequate resourcing (personnel, funding, org support)
6.) Accurate and timely CPARS

Front 214

What is DoD Instruction 5000.02?

Back 214

Titled, "Operation of the Defense Acquisition Program" - updates policy for the management of all acquisition programs IAW reference (a), the guidelines of OMB and Budget Circular A-11. Applies to OSD, the Military Depts, and such

Front 215

General requirements for Acquisition Strategy Panels (ASP)?

Back 215

1.) ASPs should take place as early as possible in the acquisition planning process to develop a systematic and disciplined approach to achieve an efficient/effective acquisition.
2.) The PM, or CO if PM not assigned, must conduct ASP for all ACAT programs and AFPEO/CM acquisitions.
3.) For other contracting acquisitions, ASPs must be convened for all acquisitions requiring an AP. The ASP chairperson may establish streamlined ASP procedures for Acquisitons <$10M

Hint 215

4.) For commodity council acquisitions, the commodity council director must conduct an ASP
5.) The ASP chairperson is authorized to waive the requirement for an ASP.

Front 216

When should the acquisition strategy be coordinated with a cognizant small business specialist?

Back 216

If the estimated contract or order value is $8M or more.

Front 217

Explain, in general terms, two-step sealed bidding?

Back 217

1.) First step, technical proposals (no prices) are received and evaluated.
2.) Sealed bid - those who submitted sufficient technical proposals then submit their sealed bids.

Front 218

What does AFPEO/CM stand for?

Back 218

Air Force Program Executive Officer for Combat & Mission Support

Front 219

How to determine ACAT level?

Back 219

See DoDI 5000.02, Enclosure 3

Front 220

What clause applies to termination decisions for commercial items?

Back 220

Termination for Cause

FAR 52.212-4

(Note: The CO shall send a cure notice prior to terminating a contract for a reason other than late delivery)

(USG right after termination for cause shall include all remedies available to any buyer in the marketplace. USG preferred remedy is will be to acquire similar items from another ktr and to charge the defaulted contractor w/ any excess reprocurement costs w/ any incidental or consequential damages incurred b/c of termination.

Front 221

The multi-year procedure is compatible with what types of Source Selection?

Back 221

1.) Sealed bidding, including two-step
2.) Negotiation

Front 222

What to do if only one offer is received in response to a competitive source selection?

Back 222

Per DPAP Memo dated 24 Nov 2010.

1.) Take required action to promote competition, and
2.) To ensure the price is fair and reasonable and to comply with the statutory requirement for certified cost & pricing data.

If only one offer received w/ competitive procedures and solicitation allowed for fewer than 30 days for receipt of proposals, CO shall:
1.) Consult w/ requiring activity as to whether the requirement document should be revised to promote competition
2.) Resolicit, allowing an additional period of at least 30 days for receipt of proposals (unless waiver from HCA received)

Hint 222

If only one offer received and 30 days allowed for, or the solicitation has been re-advertised and still only one offer is received, CO shall:
1.) Conduct negotiations w/ the offeror, unless this requirement is specifically waived by the HCA. The basis for these negotiations shall be either Certified Cost & Pricing data or Other Than Certified Cost and Pricing Data, as appropriate.
2.) In no event should the negotiated price exceed the price originally offered.

Front 223

What are the four areas of concern for the Anti-Deficiency Act (ADA)?

Back 223

1.) Exceeding an appropriation
2.) In advance of an appropriation
3.) Exceeding an apportionment
4.) Accepting Voluntary Services

Front 224

Is a J&A written for the "International Agreement" exception to full and open competition?

Back 224

No, it is an IACR - International Agreement on Competitive Restrictions

Front 225

How can synopsis process be streamlined when acquiring commercial items?

Back 225

The synopsis required by FAR 5.203 and the issuance of the solicitation can be combined into a single document. Therefore, it is not necessary to publicize a separate synopsis 15 days before the issuance of the solicitation.

Front 226

Elements to decide whether contract is a personal services contract?

Back 226

1.) Performance on site
2.) Principal tools provided by the government
3.) Services are applied directly to the integral effort of agencies or an organizational sub part in furtherance of assigned function or mission.
4.) Comparable services, meeting comparable needs, are performed in the same or similar agencies using civil service personnel.
5.) The need for the type of service can reasonably be expected to last beyond one year.
AND...

Hint 226

6.) The inherent nature of the service (or manner provided) reasonably requires directly or indirectly USG direction or supervision of contractor employees in order to adequately protect the USG interest; retain control of the function involved; or retain full personal responsibility for the function supported in a duly authorized Federal office or employee

Front 227

How does funding work on an FPI contract?

Back 227

Funds must be obligated up to target price.

Funds must be committed up to ceiling price.

Front 228

Subcontract considerations for certified C&P?

Back 228

The contractor shall submit; or cause to be submitted by the subktrs, certified C&P data to the government for subcontracts that are the lower of either;
1.) $12.5M or more;
2.) Both more than pertinent certified C&P threshold & more than 10% of the prime's proposed price unless the CO believes such submission is necessary.

Front 229

What is "scope of the contract"?

Back 229

All work that was fairly and reasonably within the contemplation of the parties at the time the contract was made. Changes beyond the scope are cardinal changes.

Front 230

When are written APs required?

Back 230

(A) Development effort - $10M or more.
(B) Production/Services - $50M or more OR $25M in any fiscal year.
(C) Other efforts when considered appropriate by the department or agency

Front 231

When is a Life-Cycle Management Plan required?

Back 231

- REQUIRED for all new ACAT I & II programs
- MDA discretion for ACAT III programs

*If not LCMP, AP required IAW DFARS 207.103(d)(i)

Front 232

Explain the procedure for unauthorized commitments in the AFFARS MP?

Back 232

1.) CO initiates an investigation by requesting the offices involved provide documentation and evidence concerning the unauthorized commitment.
2.) Commander of the org ensures the following are provided the CO w/in 30 days of request:
- Report on circumstances, to include a statement of corrective action/non-action taken to prevent a re-occurrence of the event.
- Signed statement from the individual who made commitment w/ details of incident.
- Relevant documents and records.

Hint 232

3.) CO analyzes the documentation and, if ratification is appropriate prepare a file to contain:
- Statement of CO to summarize case and address each element contained in FAR 1.602-(c)
- Legal opinion
- Ktr's invoice w/ relevant correspondence
- The report by the org in which the unauthorized commitment occurred
4.) Ratification statement
5.) Over $30k send through channels for SCCO review

Front 233

When certified cost or pricing data are not required, shall obtain data other than certified C&P data as necessary to establish a fair and reasonable price using what order of preference?

Back 233

1.) Data related to prices (e.g. established catalog or market prices, sales to non-governmental and governmental entities), relying first on data available within the government;
2.) On data obtained from sources other than the offeror; and, if necessary,
3.) On data obtained from the offeror - should include appropriate data on the prices at which the same or similar items have been sold previously, adequate for evaluating the reasonableness of the price.

Front 234

Generally, contractors are not held liable for loss of Government property under the following types of contracts?

Back 234

1.) Cost-Reimbursement
2.) Time-and-Material
3.) Labor-hour
4.) Fixed Price contracts awarded on the basis of submission of certified cost or pricing data.

Front 235

How to tell what year funds to use?

Back 235

Think of "funds for a legitimate need that arises in the year for which the appropriations were made." Therefore, if you have a requirement for a supply and GFE was defective and caused problems, the contractor should be paid w/ funds from the fiscal year that the contract was awarded.

Front 236

Legal review is not normally required for what?

Back 236

1.) Funding actions without any other changes
2.) Unilateral exercise of pre-priced options that were reviewed and approved at the time of award of the basic contract.

Front 237

CO must obtain legal review on AFMC non-operational contract actions expected to exceed $1M when?

Back 237

1.) Solicitations and amendments, except administrative amendments.
2.) Proposed contracts and modifications.
3.) Orders for supplies or services under indefinite delivery contracts including Federal Supply Schedules (FSS)
4.) Orders under blanket purchase agreements (BPA) established under FSS

Front 238

When can a contractor file an agency protest after award?

Back 238

Agency must receive notice within 10 days after contract award or within 5 days after a debriefing date offered to the protester, whichever is later.

Front 239

What is a "issue in controversy"?

Back 239

A material disagreement between the Government and the contractor that:
1.) May result in a claim or
2.) Is all or part of an existing claim.

Front 240

When should the government effect a no-cost settlement instead of issuing a termination notice?

Back 240

1.) It is known the contractor will accept one
2.) Government property was not furnished
3.) There are no outstanding payments, debts due the government, or other contractor obligations

Front 241

What is USG profit policy?

Back 241

1.) Agencies making noncompetitive contract awards over $100,000 totaling $50M or more a year:
- shall use a structured approach for determining the profit or fee objective in those acquisitions that require cost analysis; and
- May prescribe specific exemptions for situations in which mandatory use of a structured approach would be clearly inappropriate.

Front 242

Where does the concept of Bona Fide Need come from?

Back 242

The GAO's "Principles of Federal Appropriations Law (The Red Book)"

Chapter 5, "Availability of Appropriations: Time", Volume 1

Front 243

What is an antecedent liability?

Back 243

A government liability that arises and is enforceable under a provision in the original contract. (Think REAs, other things)

Front 244

When should a CO cancel a solicitation?

Back 244

Under the following circumstances:

If, in the judgement of the CO, ...an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective Offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the CO shall cancel the original solicitation and issue a new one, regardless of the stage of acquisition (FAR 15.206(e))

Front 245

When can a fixed-price contract be incrementally funded?

Back 245

1.) The contract (excluding any options) or any exercised option-
- Is for severable services
- Does not exceed one year in length
- Is incrementally funded using funds available (unexpired) as of the date the funds are obligated, or;

2.) The contract uses funds available from multiple (two or more) FY and -
- The contract is funded w/ R&D appropriations, or
- Congress has otherwise authorized incremental funding.

Front 246

When is a Small Business Innovative Research (SBIR) program required?

Back 246

Required for federal agencies with extramural R/R&D budgets in excess of $100M

Must expend not less than 2.7% of budget on SBIR programs (3.2% by FY17) and must go directly to SBIR firms

Front 247

What are the Buy American Act approval levels for D&Fs to waive the act?

Back 247

1.) Level above the CO for acquisitions valued at or below SAT
2.) Chief of Contracting Office for acquisitions w/ a value greater than SAT but less than $1.5M
3.) HCA or immediate deputy for acquisitions valued at $1.5M or more.

Front 248

How to determine price reasonableness of services not offered and sold competitively in substantial quantities in the marketplace, but are of a type ...?

Back 248

1.) The CO may request the offeror to submit prices paid for the same or similar commercial items under comparable terms and conditions by both USG and commercial customers; and
2.) If this is not enough, other information regarding the basis for price or cost, including information on labor costs, material costs and overhead rates may be requested.

Front 249

When determining whether a warranty is appropriate for a specific acquisition, the CO must consider what?

Back 249

1.) Nature and use of supplies or services
2.) Warranty cost
3.) The feasibility of administration and enforcement,
4.) whether warranty is customary in the trade, and
5.) Whether warranty costs can be offset by reduced quality assurance requirements.

Front 250

What is the acquisition strategy?

Back 250

The overall concept and approach of an acquisition program for acquiring a capability to meet the USG's requirements. The strategy considers all aspects of a program such as acquisition approach, contracting, logistics, etc. The results, when briefed, are presented at a meeting called the Acquisition Strategy Panel (ASP)

Front 251

Where does a contract award documented on a 1279 report get posted? To whom does it get sent?

Back 251

www.defense.gov/contracts

Submitted to SAF/LLP

MP5305.303

Front 252

What type of instruments is 10 USC 2358 the legislative authority for?

Back 252

Grants, Cooperative Agreements

10 USC 2358 authority - basic, applied and advanced R&D having a benefit as well as potential commercial application. Cost sharing permitted but not required.

Front 253

What authorities does 10 USC 2371 give?

Back 253

Is in addition to 10 USC 2358; gives OT authority and mandates the 50/50 cost share requirement while permitting relaxed cost and financial mgmt standards.

Front 254

Clearance thresholds to award for Grants, TIAs, OTs for research are what?

Back 254

- Less than $1M, Grants/Agreements Officer
- $1M < $10M, AFRL/RQKC Review
- $10M < $25M, AFRL/RQK Branch Chief
- $25M and greater, AFRL/PK clearance

Front 255

Who may assume the role of CAA for competitive acquisitions above $1B?

Back 255

The DAS(C) or ADAS(C) at their discretion, may assume CAA, and requests must be submitted to SAF/AQC 10 working days prior to convening the acquisition strategy panel (ASP) or staffing of the acquisition plan.

Front 256

Can a terminated contract be reinstated?

Back 256

Yes, upon written consent of the contractor, the CO may reinstate the terminated portion of a contract in whole or in part if it is determined in writing that;
1.) Circumstances clearly indicate a requirement for the terminated items; and
2.) Reinstatement is advantageous to the government.

Front 257

The TCO shall execute a no-cost settlement if...?

Back 257

1.) The contractor has not incurred costs for the terminated portion of the work, or;
2.) The contractor is willing to waive the costs incurred and
3.) No amounts are due the USG under the contract.

Front 258

What should a settlement under an FFP terminated for convenience compensate the contractor for?

Back 258

1.) A settlement should compensate the contractor fairly for the work done and the preparations made for the terminated portions of the contract, including a reasonable allowance for profit (business judgement)
2.) Primary objective is to negotiate a settlement by agreement...

...also, the TCO shall allow profit on preparations made and work done by the ktr for the terminated portion of the contract but not settlement expenses. Profit should not be allowed the ktr for material or services that, as of the effective date of termination, have not been delivered by a sub.

Front 259

What is a "settlement agreement"?

Back 259

A written agreement, in the form of a contract modification, settling all or a severable portion of a settlement proposal.

Front 260

What are the bases for settlement proposals in a T for C situation on an FFP contract?

Back 260

1.) Inventory basis
2.) Total cost basis
3.) Other basis

Inventory basis preferred.

Front 261

Under contracts containing the Default clause at 52.249-8, the USG has the right, subject to the notice requirements of the clause, to terminate the contract completely or partially for default if the contractor fails to what?

Back 261

Contractor fails to...

1.) Make delivery of the supplies or perform the services within the time specified in the contract.
2.) Perform any other provision of the contract; or
3.) Make progress and that failure endangers performance of the contract.

Front 262

DoD Peer Reviews in Non-Competitive Acquisitons?

Back 262

Threshold is $500M and two reviews are conducted:

1.) Phase 1 review occurs prior to the commencement of negotiations.
2.) Phase 2 review occurs prior to contract award.

Front 263

When is a quality assurance surveillance plan required?

Back 263

The requirement for a QASP shall be addressed and documented in the contract file for each contract except those using SAT procedures.

Services: CO should prepare a QASP to facilitate assessment of contractor performance.

Supplies: CO should address the need for a QASP.

Front 264

What to reference for Economy Act?

Back 264

MIPR - DD Form 448
AFI 65-116

(AF funds that expire in a given FY must be awarded to a contract or task order within 90 days of acceptance of MIPR or by 30 Sep of given FY, whichever occurs first)

Front 265

What are the two categories of MIPRs?

Back 265

1.) Reimbursable (Category I): The assisting agency obligates its own funds to fill the order or perform the service. The DFAS reimburse the assisting/servicing agency using the requiring activity's fund cite. The MIPR # is the source document # throughout life of acquisition.

2.) Direct Cite (Category II): The assisting agency directly cites the PM's fund cite on the resulting contract. The DFAS pays the performing contractors directly from the requiring activity's fund cite. The contract # is the source document # throughout the life of the acquisition.

Front 266

Can a contractor appeal a T for D?

Back 266

Yes, the contractor has the right to an appeal under the Disputes clause.

Front 267

When must a proposal kick-off and proposal walk-through meeting be scheduled?

Back 267

All sole source actions greater than $50M and any UCA greater than $1M

Front 268

What is a qualifying proposal?

Back 268

A proposal containing sufficient data for the DoD to do complete and meaningful analyses and audits of the -
1.) Data in the proposal
2.) Any other data that the CO has determined DoD needs to review in connection w/ the contract.

Front 269

The CO should obtain approval from whom for UCAs?

Back 269

CO shall obtain approval from the head of the contracting activity before:
1.) Entering into a UCA. The request for approval must fully explain the need to begin performance before definitization, including the adverse impact on agency requirements resulting from delays in beginning performance.
2.) Including requirements for non-urgent spare parts and support equipment in a UCA. The request should show that inclusion of the non-urgent items is consistent with good business practices and in the best interests of the US.
3.) Modifying scope of UCA when performance has already begun. The request should show that the modification is consistent w/ good business practices and in best interests of US.

Front 270

How to determine whether a cost is allocable?

Back 270

Allocable if assignable or chargeable to one or more cost objectives on the basis of relative benefits received or other equitable relationship. Subject to the foregoing, a cost is allocable to a government contract if:
1.) It is incurred specifically for the contract;
2.) Benefits both the contract and other work, and can be distributed to them in a reasonable proportion to the benefits received;
3.) Is necessary to the overall operation of the business, although a direct relationship to any particular cost objective cannot be shown.

Front 271

What is the difference between expenses and investments? What funds can be used for each?

Back 271

1.) Expenses - the costs of resources consumed in operating and maintaining DoD, such as services, supplies and utilities.
2.) Investments - the costs that result in the acquisition of, or an addition to, end items; benefit current and future periods and generally are of a long-term character.

Hint 271

Expense:
- O&M (3400)
- MILPERS (3500)

Investment:
- Procurement (3010)
- MILCON (3300)

Expense & Investment
- RDT&E (3600)

Front 272

How much time does an offeror have to protest after basis of protest is known for protests to GAO?

Back 272

No later than 10 days after basis of protest is known or should have been known, whichever is earlier.

For GAO protests, 4 CFR Part 21 (GAO Protest Bid Regulations) supersedes FAR 33.104(c) and allows for protests up to 10 days after debriefing date.

Front 273

When does a UCA management plan need to be reported?

Back 273

For all UCAs with an estimated value exceeding $5M for each reporting period.

Plan includes elements listed in PGI 217.7405

Front 274

What is a UCA?

Back 274

Per DFARS definition:
"Undefinitized Contract Action" means any contract action for which the contract terms, specifications, or price are not agreed upon before performance is begun under the action. Examples are letter contracts, orders under BOAs, and provisioned item orders, for which the price has not been agreed upon before performance has begun.

Front 275

What types of Source Selection are on the best value continuum?

Back 275

1.) Full trade-off
2.) Lowest Price Technically Acceptable.

Front 276

When should past performance be evaluated in source selections for negotiated competitive acquisitions?

Back 276

1.) For systems and operations support acquisitions expected to exceed $5M;
2.) For services and IT acquisitions expected to exceed $1M

Front 277

Of the 71 contract admin functions a CO normally delegates to a CAO, which ones can't be retained unless the cognizant Federal agency has designated the CO perform those functions.

Back 277

1.) Negotiate forward pricing rate agreements
2.) Establish final indirect cost rates and billing rates for those contractors meeting the criteria for CO determination in Subpart 42.7
3.) In connection w/ CAS
- Determine adequacy of ktr's disclosure statements
- determine whether disclosure statements are in compliance w/ CAS
- Determine the ktr's compliance w/ CAS and disclosure statements
- Negotiate price adjustments and execute supplemental agreements under CAS clauses.

Hint 277

4.) Determine the adequacy of the ktr's accounting system. The ktr's accounting system should be adequate during the entire period of contract performance. The adequacy of the contractor's accounting system and its associated internal control system, as well as contractor compliance w/ CAS, affect the quality and validity of the contractor data upon which the government must rely for its management oversight of the ktr and ktr performance.

Front 278

What is provisioning?

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"Means the process of determining and acquiring the range and quantity of spare and repair parts, and support and test equipment required to operate and maintain an end item for an initial period of service."

PGI 217.7601

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What is required for a Blanket Purchase Agreement (BPA)?

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1.) Description of agreement
2.) Extent of obligation
3.) Purchase limitation
4.) Individuals authorized to purchase under the BPA.
5.) Delivery tickets
6.) Invoices

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What do you do before exercising an option for FFP contracts containing spare parts?

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The CO shall perform a cost or price analysis of the proposed spare parts. The CO shall use an appropriate sampling technique or request field pricing assistance, and document the contract file with the results of the cost or price analysis.

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In a competitive source selection, non-government advisors may not do what?

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Non-government advisors, who may be authorized access to portions of the proposal required for technical judgement, but are prohibited from proposal rating, ranking or recommending selection. Not allowed to participate in offeror oral presentations, discussions, USG decision making meetings unless invited by SSEB chair to be present during particular meeting portion to provide specific technical information associated with specific portion of an offeror's proposal for which their advice was solicited and received. In NO EVENT should they be allowed to access an offeror's past performance or CPARS info and must have special OCI provisions.