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146 Cards in this Set
- Front
- Back
This Act makes it imperative that contractors be paid within the established time frames or they will be entitled to an interest penalty
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Prompt Payment Act of 1982
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Is prompt payment discount used as evaluation criteria?
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NO
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How are contractor payments made?
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Using EFT mechanisms using information submitted through CCR
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what is the preferred way to purchase and pay for micro-purchases?
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GPC- paid to contractor immediately bu third party then gov't reimburses third party (ex- bank that issued card)
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what allows payment under limited conditions to a contractor prior to the Gov't verification that supplies have been received and accepted?
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fast payment procedure
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a contractor under this act may assign their rights to be paid amounts due as a result of the performance of a contract to a bank or other financial institution
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Assignment of Claims Act
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3 types of payments used in commercial purchases
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- commercial advance payment
- commercial interim payment - delivery payment |
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payment made before any performance of work under the contract and the total amount of these payments shall not exceed 15% of the contract price
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commercial advance payment (commercial purchase type)
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means a payment made after some work has been done and are considered to be contract financing payments- commercial
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commercial interim payment- (commercial purchase type)
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means a payment for accepted supplies or services including payments for accepted partial deliveries
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delivery payment (commercial purchase type)
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payments made before any performance of work under the contract, may be provided on any type of contract
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advance payments
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what is the least preferred method of contact financing and should not be authorized if other types of financing are available
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advance payments
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primarily used in fixed-price construction contracts- gov't makes these monthly as the work proceeds-
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progress payments
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Progress payments are required to be paid ____ days after the designated billing office receives a proper payment request
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14 days
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when is a contract file considered closed?
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when the CO receives evidence of receipt of property/ physical completion and final payment
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who must prescribe procedures for the handling, storing and disposing of contract files?
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Agencies
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which AFI implements the federal policy to rely on the private sector to maximum extent practicable for the performance of commercial activities
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AFI 38-203
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what are the 4 steps in the AF commercial activities program?
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DIRC
1- determination process- (is it gov't or commercial) 2- inventory- 3- review- 4- cost comparison- cost effectiveness from in-house to contract |
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How is the process of acquiring architect/ engineering services unique?
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only process in which the CO does not select the firms to be awarded contracts- a board of experts in the field and gov't acquisitions does
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two avenues for short selection process for contract UNDER the SAT- Architect and Engineering Services
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1- board reviews offers, develops final selection list from responders and sends it to CO for negotiation and award
2- Chairperson reviews offers and send final list to the agency head for review and approval- if the agency head accepts list they forward to CO for negotiation/ award- if not they send it back to Chairperson for revision |
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this program expedites contract award of civil engineering requirements by reducing civil engineer design work and acquisition lead time
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SABER
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what types of contracts is SABER best suited for?
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non-complex, minor construction that require minimum design
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the board/ chairperson approving ARch/Eng construction must hold discussions with how many firms about using recovered materials/ efficient energy?
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3
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what type of contract is SABER?
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fixed-price IDIQ contract with provisions for economic price adj.
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2 benefits of SABER
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- improved customer service/ responsiveness
- highly motivated contractor that produces good quality in timely manner |
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made up of the detailed task specifications along with a standard unit of measure and a unit price for each
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UPB- Unit price book
* localization is key |
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factors that are multiplied against the standard unit prices in the UPB (unit price book) in calculating DO prices
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Coefficients
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an initial deployment element of personnel and equipment within a specific unit type code- consists of equipment and personnel required to establish an austere operational capability for a period up to 7 days
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advance echelon (ADVON)
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pre-determined set of forces from which tailored force packages will be deployed in support of theater commands
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AEF- Air expeditionary forces
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a defined area of land and/or sea in which responsibility is specifically assigned to the commander of the area for the development and maintenance f installations
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AOR- Area of Responsibility
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means an emergency involving military caused by natural disasters, terrorists or required military operations
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contingency
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person with delegated contracting authority to enter into, administer and terminate contracts on behalf of the gov't in support of contingency
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CCO- Contingency Contracting Officer
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plan for a single or series of connected operations to be carried out simultaneously or in succession
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OPLAN- operational plan
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5 character alphanumeric code used in automated planning systems that uniquely identifies a specific unit capability
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UTC- Unit type code
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as a minimum, warrants will specify contracting authority up to the _____ on the face of the warrant- (contingency operations)
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SAT
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3 requirements for CCO's
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- military personnel
- AFSC 64PX and 6C0XI - certified at appropriate level in APDP - completion of CON 234 is highly encouraged |
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support of deployment phase where CCO's first priority is basic life support requirements
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Phase I- initial deployment- first 30-45 days of deployment
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support of deployment phase where CCOs will generally be heavily involved in supporting the beddown of arriving forces and a responsive purchasing system is established
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Phase II- activities during build-up
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In What deployment phase is a responsive purchasing system established?
what are the three parts included in it? |
- Phase II
- requirements requisitioning controls - funding and disbursing - purchasing methods |
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Which deployment phase focuses on sustainment contracting which provides contracting support from the completion of the build-up phase through the duration of the contingency
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Phase III- contingency contracting during sustainment
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Which deployment phase consists of closeout contracts, contract action reporting and after-action reports?
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Phase IV- activity during termination/ redeployment
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In a deployed environment what will the GPC Cardholder (CCO) do in regards to the GPC purchases if they have or do not have internet access?
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have- reconcile transactions with banks electronic access system
do NOT have- cardholder will coordinate wit hthe approving official and the approving official will reconcile all transactions on behalf of card holder |
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CCOs can make open market purchases up to what amount is the purchase is made outside US, from vendor outside US for use outside US and GPC is used in same manner as SF44
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$200,000
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what is the first step in contract administration
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read the contract
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when does the administration of a simplified acquisition or contract admin normally begin?
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after award and continues until final payment is made and contract files are closed
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Who's responsibility (the CO or contractor) is it to develop and apply quality assurance procedures
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CO
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Who's responsibility (the CO or contractor) is it to verify whether of not supplies/ services conform to contract requirements
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CO
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Who's responsibility (the CO or contractor) is it to mainatin records reflecting quality assurance actions
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CO
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Who's responsibility (the CO or contractor) is it to report any defects observed in design or technical requirements
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CO
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Who's responsibility (the CO or contractor) is it to recomend changes necessary to provide more effective operations
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CO
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Who's responsibility (the CO or contractor) is it to control the quality of supplies and services
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contractor
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Who's responsibility (the CO or contractor) is it to provide only those supplies/ services that conform to contract requirements
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Contractor
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Who's responsibility (the CO or contractor) is it to ensure that vendors/ suppliers have an aceptable quality control system
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Contractor
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Who's responsibility (the CO or contractor) is it to perform all inspections and test required by the contract
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Contractor
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what should documentation be like for contracts under SAP?
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kept to a minimum
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The storage of files must comply with what FAR part?
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4
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what is the gov't submitting proposal- they are competing to get award
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Competitive sourcing
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contracts for commercial items rely on the contractor's existing ___ system as a substitute for compliance with the Gov't inspection and testing before the tender of items for acceptance
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QA- quality assurance
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who do post-award conferences assist? (service)
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small busn, small disadvantaged and womne- owned business concerns
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what three methods can a post award be conducted by for a SERVICE contract?
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-letter
- teleconference -face to face conference |
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what form is used at a checklist when planning for face to face conferences?- its later used as documentation when the conference is completed
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DD Form 1484
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after a face to face conference, who is responsible for preparing the report for the post-award conference that serves as documentation for the contract file or the post-award conference report?
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the chairperson
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The key elements on what report are:
-names and affiliations of all participants - main points discussed and all agreements - areas requiring resolution -names of participants assigned responsibility for further action - completion dates for the actions - where should this document be included? |
- DD Form 1484
- needs to be given to CO the contractor and others as appropriate- needs to be included in contract file |
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What AFI covers QA training?
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AFI 63-124- Performance Based Service Acquisitions
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What are the two phases of QA training covered by the PBSA- (Performance Based Service Acquisitions) and who teaches each?
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Phase I- taught by QAPC Quality Assurance Program Coordinator
- teaches QA personnel background and technical terms about PBSA world (P flight) - Phase II- taught by contract administrator of service contract - covers specific contract requirements for contract |
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after the award of construction contract- what are the two wasy the CO can inform the contractor of significant matters?
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- explanatory letter
- pre-construction conference |
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For a construction contract- if the CO decides to hold a pre- construction conference what clasue must be included in the solicitation and award?
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clause at FAR 52.236-26
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clause at FAR 52.236-5 requires the contractor to obtain the approval of what?
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contractor must get CO's approval of the material or articles which the contractor wants to use
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What form does the contractor use to submit samples of approval for construction work?
Who pays for the samples and delivery? |
- AF Form 3000- submitted to
CO - contractor pays |
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what does the CO do with the 4 copies of the AF Form 3000 submited by contractor?
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- keeps one
- send other 3 to CE for approval- theye make recommendation and return to CO for approval- then after CO approves they send a finalized copy to CE and contractor and one goes into contract |
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For construction contracts that are expected to exceed the SAT and have a performance time greater than 60 days they must include what clause>?
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- clause at FAR 52.236-15- schedules for contstruction contracts
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What form should the contractor use to document their progress schedule?
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AF Form 3064
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What are the AF forms 3064 and 3065?
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3064- overall schedule of progress for construction contract- overall plan they hope to acheive
3065- schedule for exaclty where we are in project- submitted weekly |
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What are the two way the AF form 3065 can be submitted?
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- contractor and CE prepare seperate reports covering the same period
- contractor submits the completed report through CE and CE reviews it and forwards to CO |
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If supplies or services are not conforming in all respects to contract requirements what happens?
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normally contractors are given opportunity to corect them when it can be accomplished WITHIN the required delivery schedule
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what is implied warranty of merchantability?
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product is reasonably fit if used for its ordinary purpose
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what is implied warranty of fitness?
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gov't uses an item for something other than what it is normally used for- not inteded purpose
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Who designates the CCO?
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HCA- Heads of Contracting Activities
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How are express warranties included in the contract?
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addendum
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what are 3 of the 4 things that must be determined by the CO prior to exercising an option
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1. ensure funds are available
2. fulfills an existing gov't need 3. most advantageous method 4. option was synopsized |
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if a non-commercial purchase order is to be terminated- what clause is used for the authority
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52.213-4
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listing the functions that apply to the administration of a contract, such as post award orientation conferences, negotiation and execution of contract... etc- also defined as management
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administration
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the gov't only performs follow up on contract performance when ______?
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they are notified of a problem
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What are the steps of follow up?
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After being notified of contractor's failure to perform you must:
1. read PO and ensure you understand it 2. get status of order from contractor 3. document decision you make based on what info you get about status |
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3 performance monitoring objectives
(gov't monitors contract performance to ensure supplies are delivered on time) |
- find potential delinquencies
- isolate specific performance problems - revealing actual default |
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does the gov't ever waive its right to conduct inspection?
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NO
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post-award conferences aid both the gov't and contractor to do what 2 things?
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- achieve a clear and mutual understanding of contract
- identify and resolve potential problems |
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post-award conferences can help new contractors understand what two things?
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- how gov't does busn
- terms of contract |
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Which AFI covers QA training?
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AFI 63-124
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Phase I training of QA provides QA Personnel with the following information (3 things):
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- seven steps to PBSA training
- review of applicable AFI's - review of the DoD PBSA guide |
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when does preconstruction orientation take place?
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after award before work begins
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What items are discussed during preconstruction meeting?
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labor standards, clauses, wage determination, responsibilities under contract
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When do construction contracts need to include clause at FAR part 52.236-15- Schedules for construction contract?
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- expected to exceed SAT
- performance time greater than 60 days - a lot of times still helpful even if under 60 days |
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acceptance for simplified acquisition is ultimately whose responsibility even though someone else may do the work?
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CO
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in many organizations it is whose responsibility to assure "quality" performance on the part of the contractor
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buyer's
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For commercial acquisitions, what 4 things shall the CO ensure?
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- supplies/services meet requirements
- nonconforming ones are rejected - contractor fulfills quality requirements - rely on contractor's existing QA system as a substitute for the gov't inspection system |
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each contract where nonconforming supplies are accepted shall be modified to provide for what two things?
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- equitable price reduction
- other consideration |
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notice of rejection should include ____ and be furnished ____
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- reasons for rejection
- furnished promptly to contractor - and be in writing |
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which FAR reference provides for implied warranty for fitness/ merchantability
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FAR 52.212-4
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Only CO's acting ________ are empowered to execute contract modifications on behald of gov't
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within the scope of their authority
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before executing any changes to the contract, ensure that it does not exceed _____
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the general scope of the contract
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the CO shall not execute a contract mod that causes an increase in funds without having first obtained what?
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certification of funds availability
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2 broad categories of modifications
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bilateral and unilateral
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contract modification that is signed by both the contractor and CO- 2 ppl have to agree
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bilateral
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3 things bilateral mods are used to do:
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- make adjustments from issuance of change order
- definitize letter contracts - reflect other agreements |
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contract mods that are signed by only the CO
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unilateral mods
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4 things unilateral mods are used to do:
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- administrative changes
- issue change orders - changes other than those authorized by changes clause (ie options clause) - issue termination notices |
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on what form does the CO complete the appropriate section to reflect the reason for modification?
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SF 30
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all mods must reference the appropriate ______
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modification authority
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Form used for Amendment of solicitation/ modification of contract
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SF 30
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means a unilateral change that does not affect the substantive rights of the parties (must be in writing)
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administrative change
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used to correct typographical errors, change appropriation data, change paying office
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administrative change
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used to change the course of action previously agreed upon in the contract
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change order
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what type of mod is used for change orders?
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unilateral- follow up with supplemental/ bilateral for pricing info
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if change orders are not forward priced, they will require what 2 documents?
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- change order
- supplemental agreement reflecting the resulting equitable adjustment |
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_____ type of mod is agreed to by both parties of the contract
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supplemental/ bi
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CO may exercise options only after determining that: (4 things)
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- funds are available
- fulfills gov't need - most advantageous method - synopsized IAW FAR part 5 |
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2 steps CO must follow to properly exercise option
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- gov't provides contractor preliminary written notice 60 days before contract expires
- issue a unilateral modification (SF 30) to "exercise" the option and obligate funds |
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contractor delays can be categorized under two headings:
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excusable (contractor is not liable for excess cost incurred) and non excusable
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delinquency notice that is issued when the CO is considering terminating for default- try to help remedy the situation
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cure notice
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a realistic period of ____ days or more is considered sufficient for gov't purposes
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10 days
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preliminary notice given to the contractor by the CO when T4D appears appropriate- once you know they have failed
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show-cause letter
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the show-cause letter should be sent immediately upon expiration of the _____
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delivery date with no delivery received
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what two types of failures can be documented in file when determination of failure to perform is present
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- failure to deliver by a specific date
- failure to perform substantial part of the requirement by specific date |
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under which clause does the gov't have the contractual right to terminate a contract completely or partially because of the contractor's actual or anticipated failure to perform its contractual obligations
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Termination for Default
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3 ways a contractor may default on a contract:
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- failure to make delivery
- failure to perform - failure to make progress so as to endanger performance of the contract |
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what 3 actions are considered if it would NOT be in the gov't best interest to terminate the contract?
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- allow contractor to continue performance under revised delivery schedule
- allow contractor to continue performance through an arrangement with a third party - issue a no-cost termination settlement agreement- if requirement no longer exists and contractor is not liable to the gov't |
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situations that may call for termination for convenience
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- technological changes
- program realignment - equipment deficiency - funding cut backs - contract that was improperly terminated for default can be converted to a termination for convenience |
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when can the gov't terminate a contract for sole convenience?
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when acquiring non-commercial items UNDER the SAT
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how is the contractor compensated after a termination for convenience?
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- % of contract price is paid reflecting % of work performed and reasonable charges that resulted from termination if they can prove it
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when can a contract be terminated if it is the gov't best interest? (diff than just sole convenience)
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- when acquiring non-commercial items ABOVE the SAT
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what type of right is a termination for convenience? (uni/bi)
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unilateral right- usually followed by bilateral supplemental agreement reflecting change in price
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what part of the FAR shall be followed when terminating a commercial acquisition contract?
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- FAR part 12 takes precedence, Part 49 can be used as guidance
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Who should the CO consult with before terminating for cause
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counsel
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The paragraph in 52.212-4 entitled "excusable delay" requires contractors to do what?
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notify the CO ASAP after commencement of any excusable delay
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when the CO terminates a contract for commercial items for the gov't convenience, the contractor shall be paid how?
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- % of contract reflecting work that was done
- charges the contractor can prove resulted directly from termination |
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If the PO has NOT been accepted in writing by the contractor and is to be cancelled what does the CO need to do?
- what to do if accepted/ not accepted by contractor |
1. notify the contractor in writing that is has been cancelled
2. request contractors written acceptance of cancellation 3a. if it is accepted and no costs were incurred- done 3b. if contractor does not accept or claims costs were incurred, CO must process the termination action IAW FAR parts 12 and 49 |
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____ has overall responsibility for administration of the contract against the GSA schedule and can serve as liaison b/n contractor and using agency
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GSA
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Talking about DO- the right to issue contract modifications, exercise options, change terms and conditions and termination of basic contract is reserved solely for ______
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GSA contracting officer
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whose responsility is it to answer questions related to payment and the money itself, like you haven't been paid yet.
- whose responsibility is it to answer questions about amounts |
- billing office
- CO |
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who is primarily responsible for collecting debts resulting from failure of contractors to properly replace, repair or correct supplies lost, damaged or not conforming to purchase requirements
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CO
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who can change the original medium to facilitate storage for closeout contracts as long as the requirements of FAR Part 4 are satisfied?
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Agencies (us)
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In regards to competitive sourcing, it is the policy of the US gov't to do what 3 things?
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- achieve economy and enhance productivity
- retain inherently gov't functions in-house - rely on the commercial sector to the maximum extent possible |
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short term selection process- even though the CO does not participate in the actual selection process, as CO they are still responsible for negotiation of _______
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price fair and reasonable
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How does Contracting authority flow to support contingency operations
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Secretary of the AF as agency head- Assistant secretary of AF- commanders of the organizations (HCA)- HCA designates CCO
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which AFI covers the rules and guidelines for use of the GPC in a contingency environment
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AFI 64-117
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