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67 Cards in this Set

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What are the main requirements for GFP stemming from the upcoming FIAR Audit?

All FY15 contract awards must include the appropriate GFP clauses and GFP items must be in the standard formatted Section J attachment




All previous year contracts will be modified only if it is no cost to the Government

When are GFP clauses mandatory?

  1. All cost type and T&M solicitations
  2. All fixed-price solicitations and contracts when providing property
  3. Commercial contracts where GFP > SAT is furnished or where contractor directed to acquire property for use in contract that is titled to the Government

What are the mandatory and optional GFP clauses?

  1. FAR 52.245-1 (Government Property)
  2. FAR 52.245-9 (Use and Charges)
  3. DFARS 252.211-7007 (Reporting of GFP to the DoD UID Registry)
  4. DFARS 252.245-7001 (Tagging, Labeling and Marking of GFP)
  5. DFARS 252.245-7002 (Reporting Loss of Government Property)
  6. DFARS 252.245-7003 (Contractor Property Management System Admin.)
  7. DFARS 252.245-7004 (Reporting, Reutilization, and Disposal)



Optional:


DFARS 252.245-7000 (Government-Furnished Mapping, Charting, and Geodesy Property)

Where can you find more information about the required Section J attachment format for GFP?

DFARS PGI 245.103.72 instructs you on the format that is required. At the PGI there is a link to the DoD Procurement Toolbox where you can download the fillable electronic formats and convert your existing formats.

Discuss the recent release of contracting templates by SAF/AQCP.

SAF/AQCP has been updating all AF Contracting templates in phases. The latest was posted 14 May 15. All can be accessed from the AF Contracting Central Knowledge Center.

What was the content of the SAF/AQC Leadership Blog entry from 13 May 15?

  • Contingency Contracting mission transitioned to Army in CENTCOM, but still have ~100+ deployment taskings in AF. Shifting to a focus on CCO training, exercises, prep for next contingency
  • OCSJX-15 overview & praise; keep the learning going and share lessons learned so we can be ready for the next war/humanitarian mission/disaster relief

What was the content of the SAF/AQC Leadership Blog entry from 19 Mar 15?

1. Leadership vector emphasizes flexibility, innovation, & adaptation to align with BBP 3.0:



  • Vision: “Agile Contracting…Enabling Affordable War-Winning Capability On-Time”
  • Mission: “Develop and execute innovative business strategies and cost effective Contracting solutions.”


2. Priorities:


  • People and resources: AcqDemo conversions & 64P CFETP published
  • Processes: AF CO Test revised, AFFARS Templates updated, CON-IT
  • Performance: OCSJX-15 planning, Business Clearance & Peer Review lessons learned document, senior contracting leader monthly telecom, strategic sourcing initiatives, expanded GPC use

What is the overarching theme of BBP 3.0 and why?

“Achieving Dominant Capabilities through Technical Excellence and Innovation”




Concern that the nation's technological superiority is at risk

What are some new emphasis areas that have arisen as a result of the overarching theme of BBP 3.0?

Long-range research and development, cybersecurity, commercial technology, prototyping and experimentation, Modular Open System Architecture (MOSA), global technology, organic engineering capabilities, STEM education

There is more continuity than change in BBP 3.0. What are some of the continuing core initiatives?


  • Ensuring programs we pursue are affordable
  • Mandating that our managers identify & pursue “should cost” savings opportunities
  • Providing effective incentives to industry
  • Emphasizing competition
  • Reducing bureaucracy
  • Improving acquisition of contracted services
  • Building our professionalism

What are the 8 focus areas of BBP 3.0?

  1. Achieve Affordable Programs
  2. Achieve Dominant Capabilities While Controlling Lifecycle Costs
  3. Incentivize Productivity in Industry and Government
  4. Incentivize Innovation in Industry and Government
  5. Eliminate Unproductive Processes and Bureaucracy
  6. Promote Effective Competition
  7. Improve Tradecraft in Acquisition of Services
  8. Improve the Professionalism of the Total Acquisition Workforce

According to BBP 3.0, what are a few examples of ways to Achieve Affordable Programs?

Consider cost of desired weapon systems in future budgets prior to initiating; affordability caps on production/sustainment; review at milestone decisions

According to BBP 3.0, what are examples of ways to Achieve Dominant Capabilities While Controlling Lifecycle Costs?

“Should cost” continues as a focus; stronger partnerships among acquisition, requirements, and intel communities; stronger DoD level long range R&D plans; cybersecurity throughout product lifecycle

According to BBP 3.0, what are examples of ways to Incentivize Productivity in Industry and Government?

Align profitability with DoD goals; appropriate contract types & increase use of incentive type; increase Performance-Based Logistics; more commercial technology; better ROI on DoD labs; more productive corporate IRAD

According to BBP 3.0, what are examples of ways to Incentivize Innovation in Industry and Government?

Increase prototyping & experimentation; plan for tech insertion/refresh in lifecycle; modular open systems architecture; increase access to SBIR data; give industry draft tech requirements early & involve them in concept definition; clear and objective “best value” definitions to industry

According to BBP 3.0, what are examples of ways to Eliminate Unproductive Processes and Bureaucracy?

Acquisition chain of command responsibility & accountability; reduce cycle times; streamline documentation reqt’s & staff reviews; remove unproductive requirements imposed on industry

According to BBP 3.0, what are examples of ways to Promote Effective Competition?

Create/maintain competitive environments; improve DoD outreach for technology & global markets; increase SB participation; better market research

According to BBP 3.0, what are examples of ways to Improve Tradecraft in Acquisition of Services?

Strengthen contract management outside normal acquisition chain (installation commanders); improve reqt’s definition for services; better effectiveness/productivity with technical & engineering services

According to BBP 3.0, what are examples of ways to Improve the Professionalism of the Total Acquisition Workforce?

Higher standards for key leadership positions; stronger professional qualifications; strengthen organic engineering capabilities; ensure able to monitor R&D activities; improve ability to mitigate technical risk; increase DoD support for STEM education

What is the expectation for making a CID based on the DPAP Memo from 4 Feb 15 on "Commercial Item Determinations and Pricing?"

Within 10 days

According to the DPAP memo on 4 Feb 15 on "Commercial Item Determinations and Pricing," what should the CO do if market data is not available?

CO can use a variety of methods to determine a fair and reasonable price, to include parametric estimating, should cost, analogous pricing, and cost-based

According to the DPAP memo on 4 Feb 15 on "Commercial Item Determinations and Pricing," what documentation is required when requesting other than certified cost or pricing data?

1. Justification about why required


2. Copy of request to contractor


3. Contractor's response either with the data or with a reason why they won't provide

According to the DPAP memo on 4 Feb 15 on "Commercial Item Determinations and Pricing," what is the CO's primary focus, whether or not we deem the item commercial?

Are we paying a fair and reasonable price?

What is the content of the 24 Apr 15 AFMC PK memo on "Outsourcing of Contracting?"

COs shall make no new awards for contractor personnel to perform contracting or related functions except for 5 things: price/cost evaluation support (no negotiating), contract close-out, data collection/compilation/analysis, clerical/admin support, or training




More important due to continuing budgetary constrainst, DoD guidance to reduce contractor support, and refinement of inherently government functions

What was one of the big changes as a result of the AFFARS revision dated 6 Apr 15?

Business and contract clearance thresholds above $5M and below the SAF/AQC thresholds were removed from AFFARS and given to SCOs to implement

What is the content of the 23 Apr 15 ASD(R&E) memo regarding "Requirement to Post DoD Grant Awards on a Public Website in Searchable Format?"

All grants awarded on/after 9 Dec 14 must be posted on a public website. Public website being developed will be managed by DTIC.




Big change is that an abstract needs to be included, so grants officers may need to go back and produce one for grants since 9 Dec 14.

What are the business and contract clearance thresholds established by the AFMC PK memo from 7 Apr 15 called "Clearance Thresholds for AFMC?"

Kept them the same as they had been in AFFARS prior to them being removed from AFFARS




  • Noncompetitive >= $500M & Competitive >= $1B = SAF/AQC (Business Clearance Only)
  • Noncompetitive > $50M < $500M & Competitive > $50M < $1B = SCCO
  • $25M - $50M = One level below SCCO
  • $5M < $25M = Two levels below SCCO

What is the content of the DoD Class Deviation from 27 Mar 15 regarding "Extension of Contract Authority for Advanced Component Development and Prototype Units?"

Expiration date is changed from 30 Sep 14 to 30 Sep 19 in DFARS 234.005-1(2), which allows for adding CLINs or options for provision of advanced component development or prototype of technology developed under the contract if the item is the result of work already performed under the contract.

What is the content of DFARS Case 2011-D038, released on 26 Mar 15, regarding "Deletion of Text Implementing 10 U.S.C. 2323?"

The statute has expired for the DoD’s Small Disadvantaged Business program, including the establishment of a specific goal with the overall 5% SDB goal for HBCU & minority institutions

What is the content of DFARS Case 2015-D006, released on 26 Mar 15, regarding "Use of Military Construction Funds?"

  • Requires offerors bidding on DoD military construction contracts to provide opportunity for competition to American steel producers, fabricators, and manufacturers
  • Also restricts use of funds in certain countries, including countries bordering the Arabian Gulf

What is the content of the AFLCMC/PK Memo dated 24 Mar 15 regarding the Waiver for MIRTs 1 and 4?

  • MIRTs not required for CDPs 1 (Draft ASP Brief/AP) or 4 (FPR Request)
  • Existing review processes & clearance review/approval will be used for these CDPs (as required)
  • CAA for competitive efforts must be invited to attend ASP and Initial Evaluation Briefing

What is the content of the OUSD Comptroller Memo on 9 Mar 15 titled "Unspecified Minor Military Construction Thresholds?"

Most applicable to us, the FY15 NDAA increases the threshold for minor construction using O&M from $750K to $1M

What is the content of FAR Case 2014-008, dated 2 Mar 15, on "Management and Oversight of the Acquisition of Services?"

Provides definition of “uncompensated overtime” and an adjusted hourly rate for proposal purposes when hours > 40 are included for employees exempt from Fair Labor Standards Act

What is the content of FAR Case 2013-001 from 2 Mar 15 regarding "Ending Trafficking in Persons?"

Contractors & subs must disclose to their employees key conditions of employment, starting with wages and work location. Employees will not be charged recruiting fees. ID/IQ contracts shall be modified to include clause for future orders. Contractors must notify Government of violations & can be terminated if violations occur

What is the content of the DPAP Memo from 27 Feb 15, "Updated List of Codes for Federal Prison Industries Competition?"

Updated list of the product codes where FPI is not a mandatory source (if > 5% of the DoD market is FPI). Acquisitions will be competitive for those codes and FPI must be included if they submit an offer. List is updated annually by DoD.

What is the content of DFARS Case 2014-D022 from 26 Feb 15 "Domestic Source Restrictions on Certain Naval Vessel Components?"

Amends DFARS to include 4 new sections that identify and restrict naval components to be acquired domestically

What was included in the DFARS PGI 242.7502 update on 26 Feb 15 regarding Accounting System Clarification?

  1. PGI amended to permit award of a CR contract if contractor’s accounting system contains deficiencies AND the CO determines the contractor’s accounting system is adequate to accumulate costs applicable to the contract
  2. Basically, if DACO provides clear guidance that the deficiency doesn’t impact negotiations, include in PNM. If the guidance is not sufficient or extensive back & forth with DCMA/DCAA, then you will make an independent determination and include D&F in file tab 8

What is the content of the DoD Class Deviation "Contracting for Cloud Services" from 9 Feb 15?

COs must include a new DFARS clause regarding Cloud Computing for any contracts or orders that involve cloud computing services

What is required by the DoD Class Deviation (5 Feb 15) titled "Prohibition with Entities that Require Certain Internal Confidentiality Agreements?"

New provision and clause required for any actions involving FY15 funds. The language prohibits companies from having internal policies against reporting fraud, waste, or abuse or that make employees sign internal confidentiality agreements that restrict reporting these things
What is the content of DFARS Case 2015-D004 from 29 Jan 15, "Updated Descriptions of PSGs Subject to Trade Agreements?"
No changes to the actual list of end products covered by Trade Agreements, just changes the term Federal Supply Groups to Product Service Groups to match Product & Services Code Manual
What does DFARS Case 2013-D007 (29 Jan 15) "Further Implementation of Trafficking in Persons Policy" cover?
Ensures employees of DoD contractors are fully aware of labor rights and have a means to report suspected violations to DoD IG

Discuss the content of the SAF/AQC Memo from 29 Dec 14 regarding the "National Security Exception to Full & Open Competition?"

  • Provides clarification about National Security exception to full & open based on an Office of General Counsel opinion.
  • Basically, we are not authorized to use this exception to go sole source simply because something is classified. We must only use it to limit competition in narrow circumstances where disclosure of our need to more than one source would compromise national security

What is the content of the DoD Class Deviation (29 Dec 14) regarding "Ban on FY15 funds for businesses with a delinquent tax liability or felony conviction?"

  1. FY15 funds made available by the appropriations act or any other act cannot be given to firms that have an unpaid Federal tax liability or that have been convicted of a felony within the preceding 24 months
  2. Requires a provision where the offerors check yes or no for each of these two questions

What is the content of the DoD Class Deviation on 29 Dec 14 regarding the "Acquisition of the American Flag?"

  • FY15 funds cannot be used to purchase American flags over the SAT unless manufactured in the US, consistent with the Berry Amendment (except for commissary resale)
  • Must include clause to this effect in all solicitations and contracts

Based on the DoD Class Deviation from 24 Dec 14, what is the new expiration date for the Test Program for Certain Commercial Items?

The Class Deviation makes the program permanent based on the FY15 NDAA

Based on the DoD Class Deviation form 24 Dec 14, when is the Comprehensive Small Business Subcontracting Plans Test Program extended to?

31 Dec 2017

What is the content of FAR Case 2014-017 (15 Dec 14) on "Prohibition on contracting with Inverted Domestic Corporations?"

  1. Amends FAR provisions that address Government-wide prohibition on contracts with any foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity
  2. Contractors have to certify that this does not apply to them in their Reps & Certs as part of FAR 9.108-3. Basically, we want to make sure companies we do business with aren't abusing the tax system by being located in tax havens

What is the content of DFARS Case 2014-D010 from 11 Dec 14, "Foreign Commercial Satellite Services?"

Based on requirement in NDAA FY14 that contractors must certify in Reps & Certs that they are not an entity in which the government of a covered foreign country has an ownership interest that would impact satellite operations or provides/uses launch services from those governments (applies to China, North Korea, Cuba, Iran, Sudan, and Syria)

What is the content of DFARS Case 2014-D013 (11 Dec 14), "Update Contractor and Government Entity (CAGE) Code Info?"

Based on FAR final rule, DFARS language no longer necessary because included in FAR. All offerors are required to obtain a CAGE code (previously only a DoD requirement)
What is the content of DFARS Case 2014-D014 from 11 Dec 14, "State Sponsors of Terrorism?"
Amends various parts of the DFARS to clarify & relocate coverage related to state sponsors of terrorism (Cuba, Iran, Sudan, and Syria). Contractors are required to disclose ownership interests by those countries and several other clauses are required
What is the content of DFARS Case 2013-D038 (11 Dec 14) on "Animal Welfare?"
  • Revises the DFARS to be consistent with DoDI 3216.01, thereby extending animal welfare coverage to development, test, and evaluation requirements which use live animals
  • Contractors must acquire and care for animals IAW Dept of Agriculture rules and must make facilities available for inspection by appropriate officials

One of the hot topics from the April 2015 AFMC Contracting Bulletin was FAPIIS reviews. What has been done incorrectly in the past?

Need to have a Government-only FAPIIS account, not simply check the public site. Register on www.ppirs.gov

According to the AFMC Contracting Bulletin from April 2015, what are HQ AFMC FM & PK leadership teaming up to focus on?

Contract closeout and the issue of expiring/canceling funds

The PK Roadshow from April 2015 discussed contractor signatures. How can we ensure the signer is authorized to sign on behalf of his/her company?

Check on SAM or get a letter from the contractor with authorized signers. See FAR 4.102

What are some of the mandatory strategic sourcing initiatives that have come out over the past several months?

  • 12 Mar 15: Mandatory Use Policy for Office Supplies
  • 29 Jan 15: Mandatory Use Policy for CONUS Purchase of Executive Office and Conference Furniture
  • 15 Jan 15: AF-wide Clinical Acquisition for Support Services (CLASS) Program contracts

According to the LPTA memo from Mr. Kendall dated 4 Mar 15, when is LPTA a viable alternative to other source selection approaches?

  1. There are well-defined requirements
  2. Risk is minimal for unsuccessful contract performance
  3. Price is a significant factor in the SS
  4. There is neither value, need, nor inclination to pay for higher performance

What is the content of the DPAP Memo from 25 Feb 15 titled "Product Service Code (PSC) Selection Tool?"

  • PSC Selection Tool has completed beta testing and is in production. It’s designed to save time and increase PSC-selection consistency across the Department (i.e. by grouping PSCs by DoD’s taxonomy for the acquisition of services and supplies to speed the process of selection).
  • It provides recommended NAICS for many PSCs. The tool is available at https://www.psctool.us.

What is the content of the DPAP Memo from 25 Feb 15 regarding "CO’s Required Use of DFARS 252.204-7012 – Safeguarding Unclassified Controlled Technical Information (CTI)?"

  • CO’s have not been including this clause, but it has been required since 18 Nov 13. The AF is required to report compliance to DPAP and the AF is currently at 22% compliance
  • New PGI is in place to provide further guidance. Contractors must have a minimum set of security controls on IT systems, report cyber incidents, and support DoD damage assessments

The AFMC Contracting Bulletin from Jan 2015 discusses a Shutdown Guide for AF Contracting Activities. Discuss this guide briefly.

  • A guide was created that addresses potential actions/considerations in the event of a Government shutdown…posted on AF Contracting Central
  • Covers excepted activities/funded activities, non-excepted contract guidance, option exercise, GPC, RFP guidance, FMS/Government personnel, RDT&E indefinite appropriations

What is the content of the DPAP Memo from 30 Jan 15 regarding "Item Identification and Valuation?"

  • A DPAP audit of 2 year procurement data of supply contracts showed that compliance with DFARS Subpart 252.211-7003 was less than 50%. Requires quarterly compliance reports from each component now.
  • Bottom line, items meeting IUID marking requirements must be listed in contracts and all required clauses must be used to ensure contractors are complying

How was DoD Instruction 5000.02, Operation of the Defense Acquisition System recently updated?

The new version emphasizes BBP 3.0 principles and tailoring of program structure, content, and decision points to the product being acquired

What are some takeaways about the new electronic J&A process and where can you find more information?

  • J&A Tool on SharePoint required if over $12.5M; attach previous J&As, show the math, recent and thorough market research
  • The AF Electronic J&A Process Guide walks through the process

According to the Business Clearance & Peer Review Lessons Learned, can contractors claim that actuals are allowed on a FFP contract?

No, this is false

According to the Business Clearance & Peer Review Lessons Learned, what is DPAP's preferred contract type?

FPI

According to the Business Clearance & Peer Review Lessons Learned, what amount of time should you build into the milestone schedule for these events?

Plan 10 business days each for both Peer Review and Business Clearance. Plus an additional 5 days for the requirement to submit the documents in advance

According to the Business Clearance & Peer Review Lessons Learned, what is a technique you can use if contractors aren't providing the data that is requested (mentioned in subcontracts section)?

Inform DCMA and have them take steps to decertify the contractor's estimating system

According to the Business Clearance & Peer Review Lessons Learned, how should proposal preparation be treated?

Profit should be minimized - look to CR, CPFF with low fee




We should be getting out of the business of paying for proposal prep costs directly