2. 1 Click to add the title of your presentation Breakout Session # E18, CFCM FAR REVIEW 3 Name Jack R. Hott, CPCM, Fellow Manager, Contract Compliance Fluor-B&W Portsmouth LLC Date July 31, 2012 Time 2:30 PM – 3:45 PM

3. 2 Session A18 Part 1; Federal Acquisition Regulations System Part 2; Definitions of Words and Terms Part 10; Market Research Part 6; Competition Part 9; Contractor Qualifications Part 12; Acquisition of Commercial Items Part 13; Simplified Acquisition Procedures Certified Federal Contracts Manager

4. 3 Session B 18 Part 14; Sealed Bidding Part 15; Contracting By Negotiation Part 39; Acquisition of Information Technology Part 36; Construction and Architect-Engineer Contracts Part 19; Small Business Programs Part 29; Taxes

5. Certified Federal Contracts Manager 4 Session E18 Part 37; Service Contracting Part 22; Application of Labor Laws to Government Acquisitions Part 44; Subcontracting Policies and Procedures Part 45; Government Property Part 38; Federal Supply Schedule Contracting Part 42; Contract Administration and Audit Services Part 51; Use of Government Sources by Contractor

6. Certified Federal Contracts Manager 5 Session F18 Part 32; Contract Financing Part 34; Major System Acquisition Part 43; Contract Modifications Part 17; Special Contracting Methods Part 49; Termination of Contracts Part 24; Protection of Privacy and Freedom of Information Part 16; Types of Contracts

7. FAR Part 37; Service Contracting 6 FAR Subpart 37.1, Service Contracts Nonpersonal service are not subject to supervision and control usually prevailing in relationships between the government and its employees Personal service is characterized by and employer/employee relationship normally obtained through direct hire Obtaining personal services by contract circumvents federal law unless authorized by Congress

8. FAR Part 37; Service Contracting 7 FAR Subpart 37.2; Advisory & Assistance Services Considered a legitimate way to improve government services and operations FAR Subpart 37.3; Dismantling, Demolition, or Removal of Improvements Subject to either Service Contract Act or the Davis-Bacon Act FAR Subpart 37.6; Performance-Based Acquisition A performance work statement (PWS) may be prepared by the government or result from a statement of objectives (SOO) prepared by the government where the offeror proposes a PWS

9. FAR Part 37; Service Contracting 8 Which of the following is NOT a characteristic of performance-based acquisitions? a.Performance-based acquisitions require the contracting officer (CO) to provide the plan on how the vendor is to deliver the solution. b.Measurable performance standards give both parties a method to assess results c.Specifications are not used. d.Performance-based acquisition offers incentives. ANSWER:SOURCE: FAR 37.601(b)

10. FAR Part 22; Application of Labor Laws to Government Acquisitions 9 FAR Subpart 22.1; General Agencies are required to maintain sound relations with industry and labor and not undertake the conciliation, mediation or arbitration of labor disputes Agencies shall cooperate and encourage contractors to cooperate with Federal and State agencies responsible for enforcing labor requirements Labor laws and Executive Orders covered in FAR Part 22 Contract Work Hours and Safety Standards Act Davis-Bacon Act (wage determination) Use of Project Labor Agreements for Federal Construction Projects

11. FAR Part 22; Application of Labor Laws to Government Acquisitions 10 Labor laws and Executive Orders covered in FAR Part 22 (continued) Walsh-Healey Public Contracts Act Equal Employment Opportunity Nondiscrimination Because of Age Service Contract Act (wage determination) Equal Opportunity for Veterans Employment of Workers with Disabilities Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor Notification of Employee rights Under the National Labor Relations Act

12. FAR Part 22; Application of Labor Laws to Government Acquisitions 11 Labor laws and Executive Orders covered in FAR Part 22 (continued) Combating Trafficking in Persons Employment Eligibility Verification (e-Verify)

13. FAR Part 22; Application of Labor Laws to Government Acquisitions 12 69. All of the following are true concerning Project Wage Determinations EXCEPT: a.They are issued at the specific request of a contracting agency. b.They are effective for 180 calendar days from the date of determination. c.They are used only when no general wage determination applies. d.They apply only to the contracts for which they were issued. ANSWER: _____SOURCE(S): FAR 22.404-1(b)

14. FAR Part 44; Subcontracting Policies & Procedures 13 FAR Subpart 44.2; Consent to Subcontracts Consent requirements Advanced notification requirements FAR Subpart 44.3; Contractors’ Purchasing Systems Reviews When to perform CPSR Granting, withholding, or withdrawing approval Subcontracts for commercial items and commercial components FAR 52.244-6, Subcontracts for commercial items (DEC 2010)

15. FAR Part 44; Subcontracting Policies & Procedures 14 100. If a contractor has an approved purchasing system, a.consent is required for subcontracts identified in the subcontracts clause of the contract. b.purchases below the Simplified Acquisition Threshold must be reviewed by the Contracting Officer. c.only items on the Government Qualified Products List may be used. d.F.O.B. origin may not be used. ANSWER: _____ SOURCES(S): FAR 44.201-1(a)

16. FAR Part 45; Government Property 15 FAR Subpart 45.1; General Government-furnished property Contractor-acquired property Not generally require contractors to establish property management systems that are separate from contractor established system to manage contractor-owned property FAR 52.245-1, Government Property (AUG 2010) FAR 52.245-1, Alternate I (AUG 2010)

17. FAR Part 45; Government Property 16 101.Which of the following is NOT defined as Government Property? a.Government-furnished property b.Contractor-acquired property c.property owned by or leased to the Government or acquired by the Government under the terms of the contract d.surplus property ANSWER: _____ SOURCE(S): FAR 45.101

18. FAR Part 38; Federal Supply Schedule Contracting 17 FAR Subpart 38.1; General Simplified process of acquiring commercial supplies and services in varying quantities while obtaining volume discounts Indefinite-delivery contracts are awarded using competitive procedures FSA awards Federal Supply Schedule contracts and may authorize other agencies to award schedule contracts

19. FAR Part 38; Federal Supply Schedule Contracting 18 92. The Federal Supply Schedule program provides Federal agencies: a.sources for meeting repetitive requirements on a scheduled basis. b.a simplified process for obtaining commercial supplies and services at prices associated with volume buying. c.a mandatory source for frequently used supplies and services at prices associated with volume buying. d.a simplified process for obtaining complex services that the requiring agency does not have the expertise to buy. ANSWER: _____ SOURCE: FAR 38.101

20. FAR Part 42; Contract Administration and Audit Services 19 Subpart 42.1; Contract audit responsibilities DCAA for contractors other than educational institutions and nonprofit organizations (OMB Circular A-133, Audits of Institutions of Higher Education and other Non-Profit Institutions Subpart 42.2; Contract Administration Services Delegation of contract administration or specialized support services to the cognizant CAO listed in the Federal Directory of Contract Administration Services Components (maintained by the Defense Contract Management Agency)

21. FAR Part 42; Contract Administration and Audit Services 20 FAR Subpart 42.3; Contract administration office functions 42.302 (a) List of functions normally delegated to CAO (71 functions) 42.302 (b) List of functions performed only if specifically delegated (11 functions) FAR Subpart 42.5; Postaward Orientation Guidelines and selecting contracts and conducting orientations with contractor and government representatives FAR Subpart 42.6; Corporate Administrative Contracting Officer

22. FAR Part 42; Contract Administration and Audit Services 21 FAR Subpart 42.6; Corporate Administrative Contracting Officer (CACO) Corporate-wide policies affecting more than one ACO CACOs are listed in the Directory of Contract Administration Services Components FAR Subpart 42.7; Indirect cost rates Certification of indirect rates Billing rates Final indirect cost rates Contracting Officer determination Auditor determination

23. FAR Part 42; Contract Administration and Audit Services 22 FAR Subpart 42.8; Disallowance of costs Notice of intent to disallow cost Disallowing costs after incurrence FAR Subpart 42.9; Bankruptcy Protect the Government’s interests FAR Subpart 42.11; Production surveillance and reporting FAR Subpart 42.12; Novation and change-of-name agreements FAR Subpart 42.12; Suspension of work, stop-work orders, and government delay of work Terminate, cancel stop-work, extend period of stop-work Government delay of work

24. FAR Part 42; Contract Administration and Audit Services 23 FAR Subpart 42.15; Contractor performance information CPARS FAR Subpart 42.16; Small business contract administration CO make every reasonable effort to respond in writing within 30 days FAR Subpart 42.17; Forward pricing rate agreements FPRA vs. FPRR

25. FAR Part 42; Contract Administration and Audit Services 24 96. Which of these is NOT a normal function of a contract administration office? a.Review the contractor's compensation structure and insurance plans. b.Conduct post-award orientation conferences. c.Assist the contractor in management of its subcontractors. d.Determine the contractor's compliance with Cost Accounting Standards. ANSWER: ____ SOURCE(S): FAR 42.302(a)(1-70)

26. FAR Part 51; Use of Government Sources by Contractors 25 FAR Subpart 51.1; Contractor use of government supply sources FAR 52.251-1, Government supply sources (AUG 2010) Contracting Officer authorization letter FAR Subpart 51.2; Contractor use of interagency fleet management system (IFMS) vehicles FAR 52.251-2 (JAN 1991), Interagency fleet management system vehicles and related services Contracting Officer authorization to contact GSA regional fleet manager

27. FAR Part 51; Use of Government Sources by Contractors 26 108. Which of the following is an example of a contract under which contractors could be authorized to use Government supply sources? a.Government firm-fixed price contract b.Contract under the Javits-Wagner-O’Day Act c.A negotiated contract with a contractor that has no other Government cost-reimbursement type contracts d.Time and materials contracts for repair of commercial equipment ANSWER: _____ SOURCE(S): FAR 51.101