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181 Cards in this Set

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  • Back
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Who is responsible for identifying the requirement?

The buying activity

True or false: the seller’s offer must align to their sales plan and risk strategy

True

Who’s responsible for administering the contract?

The buyer and the seller

What do most sellers have to support their contract performance?

Compliance system

Who’s responsible for ensuring sufficient funds?

The CO

The structured process for Pre-Award buyer and seller disagreement is called a _______?

Protest

Who develops a solicitation?

The government

Who prepared an offer?

The seller

Who has responsibility for quality while the contract is being performed during the post award phase?

The seller

Personal COI is in far part__?

FAR Part 3

Organizational COI is in FAR PART _?

FAR part 9

Contract management must focus on risk management which is also known as?

Risk mitigation

What document do you use to document a business decision such as the use of a specific contract?

A determination and findings.

What will the CO complete at the conclusion of negotiations?

Price Negotiation Memorandum (PNM)

What must the CO complete prior to negotiating a sole source contract?

Justification and approval

Which statement is correct regarding deviations to the FAR or agency regulations?

Deviations allow agency noncompliance with mandatory procurement regulations

What does FAR 1.202-c state that the contract management system must focus on?

Risk mitigation

What document is used to justify a sole source award?

Justification and approval

What form is used for commercial product and commercial service solicitation and contract?

SF1449

What method must be used to disseminate information regarding a proposed contract action exceeding $25,000?

Government point of entry

What does the Kickbacks statute prohibit any person from doing?

1. Providing, attempting to provide, or offering to provide any kickback.



2.soliciting, accepting, or attempting to accept any kickback



3. Including, directly or indirectly, the amount of any kickback in the contract price charged by a subcontract to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the government.


True or false: federal employees are prohibited from soliciting or accepting gifts offered because of the employees officialn position or gifts offered by a prohibited source.

True

What are the broad categories of OCI?

Unequal access, impaired objectivity, and biased ground rules.

What are the three basic approaches to contractors and the agency for dealing with OCI issues?

Avoid, neutralize, mitigate

3 examples of organizational conflict of interest

Unequal access, impaired objectivity, and biased ground rules

Which of the following may info costs fraud in gov contracting?

A.

If contractor prepared or assists in preparing a requirements document for a competitive acquisition, the contractor may:

Compete if the contractor is sole source, or it has participated in the design or development work, or more than one contractor has been involved in preparing the work statement

A contractor officer plays on the same recreation league softball team as an employee of a contractor who will be competing on a contract for which the CO is the source selection authority. Can this be an issue?

Yes, it could provide the appearance of a conflict of interest

An example of contractor bid and proposal information would be:

Contractor indirect costs and labor rates

Life cycle costs consists of:

Acquisition costs


Supporting costs


Disposal costs


Operating costs

Market research will be conducted when:

On an ongoing. Asks and appropriate circumstances

Which authority is legally binding in government contracting and recognized by the courts?

Actual authority

In DoD contracting, who has the authority to enter into a legally binding contract?

The CO

What is express actual authority?

Created by explicit language, either in writing or verbal

What form is used to appoint a CO?

SF 1409

T/F:each authority is delegate unless otherwise stated otherwise:

True

Essential elements of a contract

Capacity


Mutual assent


Consideration


Lawful purpose

True or false: a contract is defined as a mutually binding legal relationship obligating the seller to furnish the supplies or services including construction and the buyer to pay for them

True

Is market research strategic or tactical or both?

Both

What are the competitive procedures available for use in fulfilling the requirements for full and open competition?

Sealed bids, competitive proposals, Combination of competitive procedures, other competitive procedures

Agencies may exclude a particular source from a contract action in order to establish or maintain an alternative source or sources. These include what sources?

Set asides for small business concerns


Section 8a competition


Set aside for HUBZONE small business concerns.

What statutory authorities, including applications and limitations, permit contracting without providing for full and open competition?

Only one responsible source and no other supplies or services will satisfy agencies needs


Unusual and compelling urgency


National security


Public interest

What FAR part talk about Conflict of Interest?

Far part 9

OCI FAR 9.508

Need to know example of OCI

What section of the FAR discusses warranty terms and conditions?

FAR 46.706

What are the two types of warranties?

Implied warranties and express warrsnties

What part of the FAR discussed contract changes?

FAR part 43

What part of the far discusses modifications (bilateral and unilateral)?

Far part 43.103

Is making an administrative change bilateral or unilateral?

Unilateral

Is definitizing letter contracts unilateral or bilateral?

Bilateral

Is issuing termination notices unilateral or bilateral?

Unilateral

Is making negotiated adjustments results from the issuance of a change order unilateral or bilateral?

Bilateral

What are the types of contract modifications?

Bilateral and unilateral

What FAR part speaks on terminating contracts?

FAR part 49

What is FAR Part 49?

Termination of Contracts

What is FAR Part 43?

Contract Modifications

Termination for default in a commercial environment is known as

Termination for cause (example commercial item)

FAR 52.212-4

Clause has terms for commercial items

What are the two main types of terminations for noncommercial contracts?

Termination for convenience


Termination for default

True or false: termination for cause is similar to default termination except it applies to commercial contract formats?

True

When is a cure notice issued?

Performance problems do not involve terms of delivery


Contractor fails to make progress and performance is endangered



At least 10 days remain for contract performance and correction of the problem can be reasonably expected in time remaining.

A show cause is used either after the cure notice fails to correct the delinquency of when there is sufficient time remaining in the schedule. Less than how many days qualifies for this?

10 days

Which of the following types of authority usually includes authority to do what is usual, customary, and necessary to accomplish an action?

Express actual authority

Which of the following is considered an essential element of a contract?


A. Mutual exclusivity


B. Business acumen


C. Consideration


D. Usability framework

C. Consideration

Which of the following is NOT an essential element of a contract?


A. Capacity


B. Mutual assent


C. Lawful purpose


D. Permission

D. Permission

How many exceptions to the Competition in Contracting Act of 1984 (CICA) must apply before the CO must document the contract file with the reason for other than full and open competition?

One exclusion applies

What is the process of collecting and analyzing information about industry capabilities to satisfy needs?

Market research

Which essential element of a contract stated that a contract cannot be enforced if any term of agreement is against the law?

Lawful purpose

What FAR apart discusses government property?

FAR 45.102

What is FAR Part 19?

Small Business Programs

What is FAR PART 32?

Contract Financing


FAR part 32.702 discusses Contract Funding

The government is ordinarily required to furnish all property necessary to perform gov contracts? T/F?

False

What is the government’s policy in describing agency needs?

A. Promote full and open competition.

What are some effective methods of industry engagement?

“Sources sought solicitation”.


RFI distribution


Pre-solicitation conference or Industry Day


One-on-One interaction.


Solicitation of feedback on draft RFP

Market research means collecting and analyzing information about capabilities within the market to satisfy agency needs. True or false?

True

What is FAR apart 15?

Contracting by negotiation

When does FAR part 12 not apply to the acquisition of commercial items?

At or below the micro-purchase threshold


Using the SF44


Using the impress fund


Using the governmentwide commercial purchase card as a method of purchase rather than only as a method of payment.


Directly from another agency.

What is FAR Part 12?

Acquisition of Commercial Products and Commercial Services

Why does FAR Part 13 prescribe simplified acquisition procedures?

Reduce administrative costs.


Improve opportunities for small businesses rd to obtain fair proportion of Gov. contracts


Promote efficiency and economy in contracting.


Avoid unnecessary burdens for agencies and contractors

What is FAR Part 13?

Simplified Acquisition Procedures

True or false: FAR 13 says agencies shall use simplified acquisition procedures to the maximum extent possible for all purchases of supplies or services not exceeding the SAT (including purchases at or below the micro-purchase threshold).

True.

True or false: contract types vary according to the degree and timing of the responsibility assumed by the contractor for costs of performance and the amount t and nature of the profit incentive offered to the contractor for achieving or exceeding goals

True

What are the two broad categories of contract type?

Fixed price and cost-reimbursement

True or false: a cost-reimbursement type contract placed upon the contractor maximum risk and responsibility for all costs and resulting profit or loss.

False

A cost-plus-a-percentage-of-cost system of contracting is prohibited

True

What are the elements of a fixed-price-incentive firm contract?

Target cost, target profit, ceiling price, and profit adjustment formula

True or false: a contract-plus-incentive-fee contract specified a target cost, a target fee, minimum and maximum fees, and a fee adjustment formula.

True

What are the TWO forms of cost-plus-fixed-fee contracts?4

Completion and term

What is a PIID?

A unique number identifying each solicitation, contract, agreement, or order and related procurement instrument.

True or false: supplementary PIIDs are used to identify amendments to solicitations and modifications to contracts, orders, and agreements.

True

The UCF contains_____?

Part I- The Schedule


Part 2- Contract Clauses


Part 3- lists of Focs, Exhibits, and Other Attachments


Part IV - Representations and Instructions

True or False: upon award, CO’s shall physically include Part IV in the resulting contract, and retain it in the contract file.

False

What is the first step in identifying a requirement to ensure it will support or improve the agency’s mission and performance goals and objectives?

C. Identify the problem

According to FAR 7.105, what are the two main parts of a written acquisition plan?

Acquisition background and objectives and plan of action

What is the most suitable contracting method for an acquisition of other than commercial products or commercial services expected to exceed $250,000, where the quality of the item is more important than the price paid?

Contracting by negotiation

When conducting market research, what must an agency do?

First consider mandatory sources before considering commercial sources

The contract for that places the least risk on the government and the greatest risk on the contractor is:

Firm-fixed price

Which of the following is not a reason that the government may provide GFP and/or government-furnished information?

It results in decreased competition to enable more efficient source selection.


Not true. ^

What level of competition is required for acquisitions using SAP?

Competition to the maximum extent possible

Prior to receipt of proposals, one-on-one meetings with potential offererors are encouraged. True or false?

True

True or false: defining acquisition requirements so they can be met with commercial products and/or commercial services is preferred

True.

True or false: the actual text of all provisions and clauses are contained in numerical order in FAR Part 52.

True

FAR 52.212-1, -3, -4, and -5 should be in all commercial contracts. True or false.

True

What is FAR 52.212-4?

It contains contracts terms and conditions for commercial products and commercial services

What best describes the reason for a solicitation provision?

Tells a potential offer or how it’s proposal will be evaluated and considered for award

What best describes the reason for a contract clause?

Requires a contractor to deliver an item by a specific date

Where is the text of required contract claims used and provisions found?

FAR Part 52

What is a change to a solicitation called?

An amendment

Unusual and compelling urgency due to what situation permits other than full and open competition?

A natural disaster

What type of solicitation for a negotiated procurement above the SAT called?

Request for proposal

When does a provision apply?

Before award

Which of the following is true regarding amendments of IFB?

An amendment must be accomplished to correct a defective invitation.

What is the purpose of publicizing contract actions expecting to exceed $25,000?

Enhance the competition, broaden industry participation, and assist small business concerns in obtaining contract and subcontracts

When must a notice of a proposed procurement exceeding $25,000 be posted on the GPE?

At least 15 days before the issuance of a solicitation

What type of presocilitation exchange should be used to develop and identify potential sources?

Pre solicitation notice

The GPE is where the public can view public can view current business opportunities for requirements valued at what?

$25,000

What is true about the use of sf1449 for commercial acquisitions that exceed the SAT?

Should not be used

How are contractors able to shape requirements to their offerings?

Make recommendations to the government that will showcase their solution is the best fit?

True or false: teaming arrangements create greater risk for the prime contractor

True

What market and sales strategy occurs when a company moved into new markets to bring existing products and services to new markets?

Market development

Which of the following best represents the order of opportunity pursuit process from broadcast focus to narrow focus?

Business development, capture management, pursuit management, proposal management.

Which of the following statements regarding proposal color review teams is true?

.color review grand provide a structured process for reviewing and refining the proposal

Cost realism analysis may not be used on fixed price incentive contracts?

False because of the incentive you can you cost realism analysis

What does a reasonable price mean?

A price that a prudenent competent buyer would be willing to pay👍🏾

When is price analysis used?

To verify that the overall price is fair and reasonable.


To evaluate data other than certified cost or pricing data to determine cost reasonableness or cost realism.


When certified cost or pricing data are not required


.

Weighted Guidelines form

DD form 1547

.

According to FAR 2.101, what is true about cost or pricing data?

It is factual and it includes all facts that may or may not affect price negotiations

Which of the following are exceptions to obtaining certified cost or pricing data?

Adequate price competition m, commercial items, and items set by law

A contractor assumes the least cost risk in which type of contract?

Cost plus fixed fee reimbursement contract

What indicated unbalanced pricing, when the overall price appears reasonable but the price of one or more of the contract line items is significantly over or understated?

Price/cost analysis

Price definition

Cost plus all fee or profit allocable to the contract type

The DoD weighted guidelines is a structured approach used to determine a fair and reasonable price. In the DoD’s approach, which of the following factors are considered?

Contract types, performance risk, and cost efficiency

For the ufc inspections and acceptance is found in?

Section E

Who is responsible for making the best value decision?

Co or SSA

Who serves as the primary business advisor for a source selection?

CO to the SSA.

Where in the solicitation would a contractor find information about the source selection method and evaluation factors?

Section M

When would SSEB evaluators be provided with instructions?

Before receipt of the offerors’ proposals

A hand delivered proposal is 5 minutes late due to the offeror getting lost. May the offeror’s proposal be considered?

No. It may not be considered since it arrived after the closing time specified in the solicitation.

A hand delivered proposal is 5 minutes late due to the offeror getting lost. May the offeror’s proposal be considered?

No. It may not be considered since it arrived after the closing time specified in the solicitation.

If an offeror lacks relevant past information history, how much evaluators rate the lack of information?

Not evaluate the offeror favorably or unfavorably on past performance.

Who is normally responsible for preparing an evaluation report that explains the basis for each offeror’s rating?

The chair person of the Source Selection Evaluation Bord

When evaluating final proposals what should evaluators do?

Evaluate them against the evaluation factors in the solicitation.

When using the tradeoff approach to source selection, award may be made based on what?

May be based to a higher priced. Technically superior proposal

What just a notification of award issued to unsuccessful offeror include?

The number of proposals received

In acquisitions in FAR Part 15, when must cost or price be evaluated?

In every acquisition, regardless of type

FAR 15.304 required which one of the following to be included as an evaluation factor (unless otherwise determined by the CO)?

Past performance

What are the most successful scoring or rating methods for trade off?

The most successful methods allow the maximum flexibility in making trade offs among factors

To be legally responsive, a bid must conform to which essential elements of the IFB?

Price, quantity and quality, delivery.

True or false: factors and significant sh factors that will affect contract award and their relative importance must be stated in the solicitation.

True

The CO has obtained information that a potential offeror does not have adequate financial resources to perform the contract or the ability to obtain them. What will this info be used to determine about the offeror?

Responsibility

A protest is a written objection by whom?

An interested party.

An interested party can be best defined as what type(s) of an offeror?

An actual or prospective offeror whose direct economic interested would be affected by the award of a contact or by the dailies to award a contract

An interested party can be best defined as what type(s) of an offeror?

An actual or prospective offeror whose direct economic interested would be affected by the award of a contact or by the failure to award a contract

How many protest venues are there?

3. With the agency. GAO. And U.S. Court of Federal Claims

On receiving that a protest has been filed with the GAO before award, what may the CO do?

Award the contract provided that the HCA approved the action based on urgent and compelling circumstances

When must protest alleging apparent in properties in a solicitation be filed with the agency?

Any time before bid opening or the closing date for receipt of proposals

Which of the following has jurisdiction to hear bid protest courts?

US court of federal claims

What is true about protests to the GAO?

Protests may be filed directly by an interested party without first filing with the agency

Which of the following statements is TRUE in relation to protests filed before GAO?

A protest is proceeding to resolve a disagreement in connection with the award (or proposed award) of a government contract.

What is true about the contracts Disputes statute?

Claims in excess of $100,000 must be certified when submitted to be considered

What is a written demand by one of the contracting parties seeking payment of money, adjustment or interpretation of contract terms, or other relief called?

Claim

An appeal from the CO’s final decision (COFD) may be filed before the board of contract appeals. If with the board, when must the appeal be field?

Within 90 days of the COFD

What is a written demand by one of the contracting parties seeking payment of money, adjustment or interpretation of contract terms, or other relief called?

Claim

An appeal from the CO’s final decision (COFD) may be filed before the board of contract appeals. If with the board, when must the appeal be field?

Within 90 days of the COFD

The gob’s policy for settling disputes with a contractor included all of the following except

.

What is a written demand by one of the contracting parties seeking payment of money, adjustment or interpretation of contract terms, or other relief called?

Claim

An appeal from the CO’s final decision (COFD) may be filed before the board of contract appeals. If with the board, when must the appeal be field?

Within 90 days of the COFD

The gov’s policy for settling disputes with a contractor included all of the following except

Issue CO’s final decision and encourage the contractor to file a claim

Before a dispute can be elevated to formal status as a claim, which of the following must occur?

The claim must be properly certified if it’s in excess of $100,000.



The CO must request a COFD


The contractor must submit the claim in writing

What part of the FAR prescribed police’s and procedures for assigning and performing contract administration and contract audit services?

FAR Part 42

True or False: the CO may delegate additional functions to the CAO beyond those listed in FAR 42.302.

False

When GPE is provided it must be in working condition and provided in a timely manner. True or false:

True

Where in the FAR can you find COR responsibilities?

FAR 13.203

True or false: in a post award meeting, the CO will conduct a preliminary meeting of gov personnel and will designate or act as the chairperson at the conference.

True

What should the contract management plan include, other than being simple and precise as possible?

What must be done, when it must take place, who must do it, how it is accomplished, and where it is to be accomplished

True or false: the COR plays an important role in the post-award phase of the acquisition and is the “eyes and ears” of the CO?

True

True or false: The DD Form 1484A may be used in conducting the conference and in preparing the conference report

True. DD1484a is the Post-Award Conference Record

What is UCF Section I?

Contract clauses

What is UCF Section J?

List of attachments

What is UCF Section C?

Description, specifications, and statements of work.

What is far part 45? What is FAR part 32?

FAR Part 45-GPE


32 contract financing