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NCMA Proprietary CFCM Exam Chapter Study Group Guide 2012-2013 Prepared by Jack Hott, CPCM, Fellow The material in these slides is intended as reference.

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Presentation on theme: "NCMA Proprietary CFCM Exam Chapter Study Group Guide 2012-2013 Prepared by Jack Hott, CPCM, Fellow The material in these slides is intended as reference."— Presentation transcript:

1 NCMA Proprietary CFCM Exam Chapter Study Group Guide Prepared by Jack Hott, CPCM, Fellow The material in these slides is intended as reference material only and should not be used as the sole-source for exam preparation.

2 NCMA Proprietary Section 1: FAR Parts 1-9,  1 Federal Acquisition Regulations System  2 Definitions of Words and Terms  3 Improper Business Practices & Personal Conflicts of Interest  4 Administrative Matters  5 Publicizing Contract Actions  6 Competition Requirements  7 Acquisition Planning  8 Required Sources of Supplies & Services  9 Contractor Qualifications  16 Types of Contracts  17 Special Contracting Methods  18 Emergency Acquisitions 1

3 NCMA Proprietary FAR Part 1 - Federal Acquisition Regulations System  FAR Subpart 1.1 Purpose, Authority, Issuance –1.102 Statement of Guiding Principles – Performance Standards – Acquisition Team – Role of the Acquisition Team –1.108 FAR Conventions Words and Terms, Delegation of Authority, Dollar Thresholds, Application of FAR Changes 2

4 NCMA Proprietary FAR Part 1 - Federal Acquisition Regulations System (cont’d)  FAR Subpart 1.2 Administration –Two councils (DAR Council and CAA Council must agree on all revisions) –FAR Secretariat (GSA supports, publishes and prints)  FAR Subpart 1.3 Agency Acquisition Regulations –Limited to those necessary to implement FAR policies –Additional policies, procedures, provisions or clauses that supplement FAR to satisfy specific agency needs 3

5 NCMA Proprietary FAR Part 1 - Federal Acquisition Regulations System (cont’d)  FAR Subpart 1.6 Contracting Officers –Contracting Officers have authority to enter into, administer, or terminate contracts –No contract shall be entered into unless the CO ensures that all requirements of law, executive orders, regulations, and all other applicable procedures clearances and approvals have been met –Unauthorized commitment & ratification –A Contracting Officer's Representative (COR) assists in the technical monitoring/administration of a contract 4

6 NCMA Proprietary FAR Part 1 - Federal Acquisition Regulations System (cont’d)  FAR Subpart 1.7 Determinations and Findings –D&F is a special form of written approval by an authorized official that is required by statue or regulation as a prerequisite to take certain contract actions –The “determination” is a conclusion or decision supported by the “findings” –A D&F may be for a single contract action or a class of contract actions 5

7 NCMA Proprietary FAR Part 1 - Federal Acquisition Regulations System (cont’d) According to the FAR: a.An unauthorized commitment may be ratified as long as funds are available. b.The Contracting Officer is the ratification approval authority for actions up to $2,500. c.Agencies should take positive action to preclude the need for ratification actions. d.Proper delegation of micro-purchase authority eradicates any need for ratification procedures. Answer: _____Source: FAR

8 NCMA Proprietary FAR Part 2 - Definitions of Words and Terms  FAR Subpart 2.0 Scope of Part –Defines words and terms that are frequently used in the FAR –Cross-references to other definitions in the FAR of the same word or term –Provides for incorporation of these terms in solicitations and contracts by reference –Other parts/subparts may define words/terms only applying to the part, subpart or section where it is defined 7

9 NCMA Proprietary FAR Part 2 - Definitions of Words and Terms (cont’d)  FAR Subpart 2.1 Definitions (Examples) –Commercial Item means – –Certified cost or pricing data means – –Data other than cost or pricing data means – –Micro-purchase means – –Simplified acquisition threshold means – –Inherently governmental function means – 8

10 NCMA Proprietary FAR Part 2 - Definitions of Words and Terms (cont’d) Which of the following is a commercial item? a.A nondevelopmental item, if the procuring agency determines the item was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments. b.An item that evolved from an item which has not been sold to the general public c.A commercial item that has received modifications not available in the commercial marketplace. d.A nondevelopmental item used exclusively for governmental purposes Answer: _____Source(s): FAR

11 NCMA Proprietary FAR Part 3 - Improper Business Practices & Personal Conflicts of Interest  FAR Subpart 3.1 Safeguard –Avoid any conflicts of interest or appearance of conflicts of interest in government-contractor relationships  FAR Subpart 3.2 Contractor Gratuities to Government personnel –FAR Gratuities  FAR Subpart 3.3 Reports of Suspected Antitrust Violations –Activities that evidence violation of antitrust laws 10

12 NCMA Proprietary FAR Part 3 - Improper Business Practices & Personal Conflicts of Interest (cont’d)  FAR Subpart 3.4 Contingent Fees –FAR , Covenant Against Contingent Fees  FAR Subpart 3.5 Other Improper Business Practices –Buy-in –FAR , Anti-Kickback Procedure –FAR , Restriction on Subcontractor Sales to the Government  FAR Subpart 3.6 Contracts With Government Employees or Organizations Owned or Controlled by Them 11

13 NCMA Proprietary FAR Part 3 - Improper Business Practices & Personal Conflicts of Interest (cont’d)  FAR Subpart 3.7 Voiding and Rescinding Contracts –Statutory authority to void an illegally gained contract  FAR Subpart 3.8 Limitation on the Payment of Funds to Influence Federal Transactions –FAR Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions  FAR Subpart 3.9 Whistleblower Protections for Contractor Employees –Prohibits discharge, demotion or other discrimination for disclosure of information to an authorized government representative 12

14 NCMA Proprietary FAR Part 3 - Improper Business Practices & Personal Conflicts of Interest (cont’d)  FAR Subpart 3.10 Contractor Code of Business Ethics –FAR Contractor Code of Business Ethics and Conduct  FAR Subpart 3.11 Preventing Personal Conflicts of interest for Contractor Employees Performing Acquisition Functions –FAR Preventing Personal Conflicts of Interest 13

15 NCMA Proprietary FAR Part 3 - Improper Business Practices & Personal Conflicts of Interest (cont’d) Contractors’ arrangements to pay contingent fees for soliciting government contracts have long been consider contrary to public policy because: a.they discourage competition. b.such arrangements may lead to attempted or actual exercise of improper influence. c.they result in excessive overhead cost. d.accountability of costs is difficult to track. Answer: _____Source: FAR

16 NCMA Proprietary FAR Part 4 - Administrative Matters  FAR Subpart 4.1 Contract Execution –Only Contracting Officers shall sign contract on behalf of the United States  FAR Subpart 4.5 Electronic Commerce in Contracting –Federal Government shall use electronic commerce whenever practicable or cost-effective  FAR Subpart 4.6 Contract Reporting –Public record of awards exceeding $25,000  FAR Subpart 4.7 Contractor Retention of Records –Establishes minimum retention of records for audit and review 15

17 NCMA Proprietary FAR Part 4 - Administrative Matters (cont’d)  FAR Subpart 4.8 Government Contract Files –Organization, control and closeout of contract files  FAR Subpart 4.11 Central Contractor Registration –Registration and disclosure of contractors and contractor information  FAR 4.12 Annual Representations and Certifications –Specifies annual requirement –ORCA Online Representation and Certification Application 16

18 NCMA Proprietary FAR Part 4 - Administrative Matters (cont’d)  FAR Subpart 4.13 Personal Identity Verification –FAR Personal Identity Verification of Contractor Personnel (E-Verify)  FAR Subpart 4.14 Reporting Executive Compensation and First-Tier Subcontract Awards –FAR Reporting Executive Compensation and First-Tier  FAR 4.15 American Recovery and Reinvestment Act –FAR American Recovery and Reinvestment Act – Reporting Requirements 17

19 NCMA Proprietary FAR Part 4 - Administrative Matters (cont’d) Contract with a corporation shall be signed: a.by the chief financial officer. b.by the head of the contracts department. c.in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. d.by the chief executive office. Answer: _____Source: FAR

20 NCMA Proprietary FAR Part 5 - Publicizing Contract Actions  FAR Policy –Contracting Officers must publicize proposed contract actions in order to: Increase competition Broaden industry participation Assist small businesses in obtaining contracts and subcontracts  FAR Subpart 5.1 Dissemination of information –Greater than $25,000 synopsize in a government-wide point of entry (GPE) –Greater than $15,000 but not greater than $25,000 displayed in a public place or any appropriate electronic means 19

21 NCMA Proprietary FAR Part 5 - Publicizing Contract Actions (cont’d)  FAR Subpart 5.2 Synopsis of Proposed Contract Actions –FAR lists exceptions to synopsis requirement –FAR identifies publicizing and response time requirements  FAR Subpart 5.3 Synopses of Contract Awards –Exceeding $25,000 synopsis of awards –Exceeding $4,000,000 public announcement and make information available 20

22 NCMA Proprietary FAR Part 5 - Publicizing Contract Actions (cont’d)  FAR Subpart 5.4 Release of Information –Limitations on release of confidential, proprietary or information restricted under the Freedom of Information Act –Release of long-range acquisition estimates 21

23 NCMA Proprietary FAR Part 5 - Publicizing Contract Actions (cont’d) What is the dollar threshold for public announcement of contract awards? a.$500,000 b.$4,000,000 c.$5,000,000 d.$10,000,000 Answer: _____Source: FAR

24 NCMA Proprietary FAR Part 6 - Competition Requirements  Full and Open Competition (FAR 2.101) when used with respect to a contract action, means that all responsible sources are permitted to compete  Exclusions –Establishing or maintaining alternative sources –Set-asides: 8 (a), SB, HUBZone, SDVOSB, EDWOSB, local firms during major disaster or emergency  Competition Advocates, review and report and take action: –Acquire commercial items –Achieve full and open competition –Challenge requirements restricting competition and commercial item 23

25 NCMA Proprietary FAR Part 6 - Competition Requirements (cont’d)  Other Than Full and Open Competition – Only one responsible source and no other supplies or services will satisfy agency requirements – Unusual or compelling urgency – Industrial mobilization; engineering, developmental, or research capability; or expert services – International agreement – Authorized or required by statue – National security – Public interest 24

26 NCMA Proprietary FAR Part 6 - Competition Requirements (cont’d) The Contracting Officer's certification can serve as approval of the justification for other than full and open competition for a proposed contract NOT exceeding: a.$25,000. b.$650,000. c.$1,500,000. d.$5,500,000. Answer: ____Source: FAR 6.304(a)(1) 25

27 NCMA Proprietary FAR Part 7 - Acquisition Planning  Acquisition planning is defined as the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner and at a reasonable cost  Acquisition planning should begin as soon as the agency need is identified 26

28 NCMA Proprietary FAR Part 7 - Acquisition Planning (cont’d)  FAR Subpart 7.2 Planning for the Purchase of Supplies in Economic Quantities  FAR Subpart 7.3 Contractor Verses Government Performance  FAR Subpart 7.4 Equipment Lease or Purchase  FAR Subpart 7.5 Inherently Governmental Functions 27

29 NCMA Proprietary FAR Part 7 - Acquisition Planning (cont’d) Acquisition planning should begin: a.when a purchase requisition is received. b.when a statement of work is received. c.as soon as the agency need is identified. d.within 30 days of receipt of the purchase requisition. Answer: _____Source: FAR (a) 28

30 NCMA Proprietary FAR Part 8 - Required Sources of Supplies and Services  FAR Subpart 8.1 Excess Personal Property –First source of supply  FAR Subpart 8.4 Federal Supply Schedule –Also known as GSA schedules, Multiple Award Schedules, GSA Advantage 29

31 NCMA Proprietary FAR Part 8 - Required Sources of Supplies and Services (cont’d)  FAR Subpart 8.5 Acquisition of Helium –Major purchases through Federal helium suppliers managed through the Bureau of Land Management  FAR Subpart 8.6 Acquisition from Federal Prison Industries, Inc. –Agencies are encouraged to purchase from UNICOR 30

32 NCMA Proprietary FAR Part 8 - Required Sources of Supplies and Services (cont’d)  FAR Subpart 8.7 Acquisition From Nonprofit Agencies Employing People Who Are Blind or Severely Disabled –Federal committee establishes the procurement list for purchase from Ability One  FAR Subpart 8.8 Acquisitions of Printing and Related Supplies –Printing must be done by or through the Government Printing Office (GPO)  FAR Subpart 8.11 Leasing of Motor Vehicles –Guidance for agencies when vehicles are not available through GSA 31

33 NCMA Proprietary FAR Part 8 - Required Sources of Supplies and Services (cont’d) Which of the following is the name of GSA’s electronic system that allows ordering activities to post requirements, obtain quotes, and issue orders electronically? a.GSA Advantage b.GSA Stock c.e-Buy d.Customer Supply Center Answer: _____Source: FAR (d) 32

34 NCMA Proprietary FAR Part 9 - Contractor Qualifications  FAR Subpart 9.1 Responsible Prospective Contractors –Adequate financial resources –Comply with delivery/performance schedules –Satisfactory past performance –Necessary organization, experience, accounting controls –Necessary production, construction, equipment, facilities –Otherwise qualified and eligible to receive award  FAR Subpart Special standards –Special standards may be particularly desirable for unusual expertise or specialized facilities needed for adequate contract performance 33

35 NCMA Proprietary FAR Part 9 - Contractor Qualifications (cont’d)  FAR Subpart 9.3 First Article Testing and Approval –Contractor has not previously furnished the item –Changes in processes or specifications –Production discontinued for an extended period –History of problems during product life –Product is described by a performance specification  FAR Subpart 9.4 Debarment, Suspension, and Ineligibility – Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only – May continue contracts/subcontracts in existence at the time of debarment/ suspension 34

36 NCMA Proprietary FAR Part 9 - Contractor Qualifications (cont’d)  Subpart 9.5 Organizational Conflicts of Interest –Management support services –Consultant or other professional services –Assistance in technical evaluations –Engineering and technical direction –May create an actual or potential conflict of interest on future acquisition  Contracting Officer is required to: –Identify/evaluate potential OCI –Avoid, neutralize or mitigate significant potential conflicts before award 35

37 NCMA Proprietary FAR Part 9 - Contractor Qualifications (cont’d)  FAR Subpart 9.6 Contractor Team Arrangements –Teaming arrangements may be desirable and the Government will recognize its validity provided the arrangements are identified and relationships fully disclosed in an offer or after submission before the arrangement becomes effective –Does not limit the right to consent –Does not relieve the prime contractor responsibility –Does not limit policies on competitive contracting, subcontracting, and component breakout after initial production or at any other time 36

38 NCMA Proprietary FAR Part 9 - Contractor Qualifications (cont’d) Normally, testing and approval is appropriate in contracts for: a.research and development. b.products requiring qualifications before award. c.products normally sold in commercial market. d.products requiring an approved first article to serve as a manufacturing standard. Answer: ______Source: FAR

39 NCMA Proprietary FAR Part 16 - Types of Contracts  FAR Subpart 16.1 Selecting Contract Types –Sealed-bid contracts shall be FFP or FP-EPA –Cost-plus-percentage-of-cost are prohibited by law –Factors to consider: Price competition (price analysis/cost analysis) Type & complexity of the requirement Combining contract types Urgency of requirement Period of performance Contractor technical capability and financial responsibility Adequacy of contractor’s accounting system Concurrent contracts Extent and nature of proposed subcontracting 38

40 NCMA Proprietary FAR Part 16 - Types of Contracts (cont’d)  FAR Subpart 16.1 Selecting Contract Types  FAR Subpart 16.2 Fixed-Price Contracts  FAR Subpart 16.3 Cost-Reimbursement Contracts  FAR Subpart 16.4 Incentive Contracts  FAR Subpart 16.5 Indefinite-Delivery Contracts  FAR Subpart 16.6 Time-and-Materials, Labor-Hour, and Letter Contracts  FAR Subpart 16.7 Agreements 39

41 NCMA Proprietary FAR Part 16 - Types of Contracts (cont’d) Which of the following is a true contract type allowed by the FAR? a.Cost-plus-allowable-fee contract b.Cost-plus-fixed-fee contract c.Cost-plus-a-percentage-of-cost contract d.Cost-plus-firm-fee contract Answer: _____ Source(s): FAR ,

42 NCMA Proprietary FAR Part 17 - Special Contracting Methods  FAR Subpart 17.1 Multi-Year Contracting –Used to acquire known requirements up to five years –Take advantage of lower costs, standardization, continuity of production, annual startup costs, etc.  FAR Subpart 17.2 Options –Unilateral right of the buyer –Exercise of options is by written notice IAW terms of the contract –May require some “new award” actions (EPLS, wage determination, etc.) 41

43 NCMA Proprietary FAR Part 17 - Special Contracting Methods (cont’d)  FAR Subpart 17.4 Leader Company Contracting –Unique technique to develop additional sources  FAR Subpart 17.5 Interagency Acquisitions –Indefinite delivery contracts allowing other agencies to place orders  FAR Subpart 17.6 Management and Operating Contracts –Operation, maintenance, or support, on behalf of a Government- owned or controlled research, development, special production, or testing establishment 42

44 NCMA Proprietary FAR Part 17 - Special Contracting Methods (cont’d) The Contracting Officer may exercise options only after determining that: a.funds are available. b.funds are available and the requirements covered by the option fulfills an existing Government need. c.market prices for supplies or services are likely to change substantially. d.the requirements covered by the option fulfills an existing Government need. Answer: _____Source(s): FAR (c)(2), (c) 43

45 NCMA Proprietary FAR Part 18 - Emergency Acquisitions  Flexibilities and threshold relaxation to support emergencies, contingency operations and major disasters  Examples –Increased ceilings for micro-purchase and Simplified Acquisition Threshold –Expanded use of PL and DPAS –Preference for local contractors 44

46 NCMA Proprietary FAR Part 18 - Emergency Acquisitions Which acquisition flexibility requires an emergency declaration or designation of contingency operations? a.Limiting sources and/or full and open competition when the requirement is urgent b.Use of the Defense Priorities and Allocations System (DPAS). c.$10,000 micro purchase for defense against or recovery from nuclear, biological, chemical, or radiological attack. d.Use of the authority of Public Law (concerning extraordinary contractual actions) to authorize advance payments to facilitate national defense). Answer: _____Source: FAR

47 NCMA Proprietary Section 2: FAR Parts  10 Market Research  11 Describing Agency Needs  12 Acquisition of Commercial Items 46

48 NCMA Proprietary FAR Part 10 - Market Research  When to conduct market research –Before developing new requirements –Before soliciting offers in excess of the SAT –Before soliciting offers less than the SAT and adequate information is not available –Before soliciting offers that could lead to a bundled contract –Before awarding a task order under an IDIQ in excess of SAT –Ongoing basis to identify capabilities of small businesses and new entrants 47

49 NCMA Proprietary FAR Part 10 - Market Research (cont’d)  What to look for in market research –Whether needs can be met by commercial items –Customary practices regarding modifications, warranty, buyer financing, discounting, contract type, quality, distribution and support, size and status of potential sources  Techniques for conducting market research –Knowledgeable individuals, recent market research, query government-side data, internet, catalogs, interactive meetings –If research indicates no commercial or nondevelopmental items available, then reevaluate the need 48

50 NCMA Proprietary FAR Part 10 - Market Research (cont’d) If market research indicates that neither commercial items nor nondevelopmental items are available to satisfy agency needs, agencies: a.must reevaluate the need and determine whether it can be restated to permit commercial or nondevelopmental items to satisfy them. b.may set-aside the procurement. c.are authorized to pursue the acquisition as a restricted procurement. d.shall solicit and award any resultant contract using FAR Part 12 policies and procedures. Answer: _____Source(s): FAR (c), (d) 49

51 NCMA Proprietary FAR Part 11 - Describing Agency Needs  Acquisition officials should state requirements with respect to an acquisition of supplies and services in terms of: –Functions to be performed, –Performance required, or –Essential physical characteristics.  Define requirements in terms that enable and encourage offerors to supply commercial items, or to the extent that suitable commercial items are not available, nondevelopmental items. 50

52 NCMA Proprietary FAR Part 11 - Describing Agency Needs (cont’d)  FAR Subpart 11.4 Delivery or Performance Schedules –Realistic and clearly stated  FAR Subpart 11.5 Liquidated Damages –Use only when delivery is so critical that the agency will suffer damage if delinquent and –Damage is difficult or impossible to estimate accurately or prove. 51

53 NCMA Proprietary FAR Part 11 - Describing Agency Needs (cont’d)  FAR Subpart 11.6 Defense Priorities and Allocations (DPAS) –DX rated ahead of DO rated ahead of non-rated orders  FAR Subpart 11.7 Variation in Quantity –Fixed-price supply contracts where variations are a normal commercial practice 52

54 NCMA Proprietary FAR Part 11 - Describing Agency Needs (cont’d) Contract delivery or performance schedules may by expressed by: a.the means determined by the requiring activity. b.specific number of days from the date of the contract specific time for delivery after receipt by the buyer of each order under the contract. c.any means the contractor specified in its bid or proposal. Answer: _____Source: FAR (a) 53

55 NCMA Proprietary FAR Part 12 - Acquisition of Commercial Items  Preference for commercial items (Title VIII of the Federal Acquisition Streamlining Act of 1994)  FAR Part 12 takes precedence over other parts of the FAR ( (c)) note: N/A below micro-purchase threshold and P-Card  Policy (12.101) –Conduct market research to meet needs with commercial items –Acquire commercial items or nondevelopmental items when available –Require prime contractors and subcontractors to incorporate commercial or nondevelopmental items as components of items supplied 54

56 NCMA Proprietary FAR Part 12 - Acquisition of Commercial Items (cont’d)  Commercial item defined in FAR as both goods and services –Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than government purposes, and Has been sold, leased, or licensed to the general public; or Has been offered for sale, lease, or license to the general public; or Any item that evolved from a commercial item and is not yet available in the commercial market place. 55

57 NCMA Proprietary FAR Part 12 - Acquisition of Commercial Items (cont’d)  Commercial item defined in FAR as both goods and services –Installation, maintenance, repair, training and other services in connection with commercial items regardless of whether the services are provided by the same source or at the same time –Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices 56

58 NCMA Proprietary FAR Part 12 - Acquisition of Commercial Items (cont’d)  Commercial limited to Firm-Fixed-Price, Fixed- Price-EPA and Time & Materials  Commercial items shall rely on contractors’ existing quality assurance systems  Commercial items limit the solicitation provisions and contract clauses  Commercial items use of commercial warranties  Past performance should be an important element of every evaluation and contract award for commercial items  57

59 NCMA Proprietary FAR Part 12 - Acquisition of Commercial Items (cont’d) Unless otherwise provided in section (b), agencies shall use which of the following contract type(s) for the acquisition of commercial items? a.Any type of contract. b.Fixed-price contract with prospective price redetermination c.Firm-fixed-price or fixed-price with economic price adjustment contracts. d.Cost-plus-incentive-fee contracts only. Answer: _____Source: FAR

60 NCMA Proprietary Section 3: FAR Parts  13 Simplified Acquisition Procedures  14 Sealed Bidding 59

61 NCMA Proprietary FAR Part 13 - Simplified Acquisition Procedures  Use simplified acquisition procedures to the maximum below Simplified Acquisition Threshold  Use of request for quotes and purchase orders  Limitation of certain laws below the SAT  Use of “bulk funding”  Maintain competition  Use of blanket purchase agreements, unpriced purchase orders, imprest funds, purchase cards, and SF 44 (Purchase Order-Invoice-Voucher)  Use of micro-purchase 60

62 NCMA Proprietary FAR Part 13 - Simplified Acquisition Procedures (cont’d) Imprest funds may be used for transactions up to: a.$25,000. b.$10,000. c.$1,000. d.$500. Answer: _____Source: FAR (a) 61

63 NCMA Proprietary FAR Part 14 - Sealed Bidding  FAR Subpart 14.1, Use of Sealed Bidding –Method of contracting that employs competitive bids, public bid opening, and awards –Award to the responsible bidder whose bid is responsive to the IFB, and most advantageous to the Government considering only price and price-related factors included in the IFB –Firm-Fixed-Price and Fixed-Price-EPA only 62

64 NCMA Proprietary FAR Part 14 - Sealed Bidding (cont’d)  FAR Subpart 14.2 Solicitation of Bids –Use Uniform Contract Format or simplified format –Allow reasonable amount of time for submission of bids  FAR Subpart 14.3 Submission of Bids –Must be received at the specified location no later than the exact time set for bid opening –Modification or withdrawal of bids is allowed up to the time of bid opening 63

65 NCMA Proprietary FAR Part 14 - Sealed Bidding (cont’d)  FAR Subpart 14.4 Opening of Bids and Award of Contract –Bid Opening Officer publically opens and reads aloud all bids and records all bids –After all bids are opened, an award will be made to lowest price responsive bid  FAR Subpart 14.5 Two-Step Sealed Bidding –Used to obtain the benefits of sealed bidding when adequate specifications are not available –Step one; technical proposal evaluation –Step two; sealed bids from technically acceptable offerors 64

66 NCMA Proprietary FAR Part 14 - Sealed Bidding (cont’d) The first step of two-step bidding involves: a.price analysis only. b.technical analysis only. c.price and technical analysis. d.historical analysis. Answer: ____Source: FAR (a) 65

67 NCMA Proprietary Section 4: FAR Part 15 - Contracting By Negotiation  FAR Subpart 15.1 Source Selection Processes and Techniques –Best value continuum (price/technical/past performance) –Tradeoff process –Lowest price technically acceptable –Oral presentation 66

68 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d)  FAR Subpart 15.2 Solicitation & Receipt of Proposals and Information –Exchanges before receipt of proposals –Request for proposals (Uniform Contract Format) A.Solicitation/contract form B.Supplies or services and prices/costs C.Description/specifications/statement of work D.Packaging and marking E.Inspection and acceptance F.Deliveries or performance G.Contract administration data H.Special contract requirements 67

69 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d)  FAR Subpart 15.2 Solicitation & Receipt of Proposals and Information –Request for proposals (Uniform Contract Format) continued I.Contract clauses J.List of attachments K.Representations, certification, and other statements L.Instructions, conditions, and notices to offerors M.Evaluation factors for award  Issuing Solicitations  Amending Solicitations 68

70 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d)  FAR Subpart 15.3 Source Selection  Select the proposal representing the best value.  Source Selection Authority  Evaluation factors –Areas of importance –Supports meaningful comparison of proposals –Price/cost is ALWAYS evaluated! –Past performance  Exchanges with offerors after receipt of proposals –Communication to establish competitive range –Competitive range –Exchanges with offerors in the competitive range –Proposal revisions 69

71 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d)  FAR Subpart 15.4 Pricing Policy –Certified cost or pricing data (when required & not) –Data other than certified cost or pricing data –Proposal analysis (price analysis vs. cost analysis) –Profit (structured approach to profit/fee objectives) –Certificate of current cost or pricing data –Defective certified cost or pricing data –Make or buy, forward pricing rate agreements, should-cost review, estimating systems –Table 15-2, Instructions for submitting certified cost/pricing data 70

72 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d)  Subpart 5.5 Preaward, Award, and Postaward Notifications, Protests, and Mistakes –Preaward/postaward notification to unsuccessful offerors –Preaward/postaward debriefing of offerors –Protests against award –Discovery of mistakes  Subpart 5.6 Unsolicited Proposals –Acceptance and negotiation of unsolicited proposals –Use and disclosure of data 71

73 NCMA Proprietary FAR Part 15 - Contracting By Negotiation (cont’d) Which statement about proposal revisions is true? a.A Contracting Officer may consider a revision to a proposal that has been eliminated or otherwise removed from the competitive range. b.Final proposal revisions may be oral. c.The Contracting Officer may request or allow proposal revisions to clarify and document understandings reached during negotiations. d.Cut off dates for submission of final proposal revisions are negotiated with each offeror. Answer: _____Source(s): FAR (a), (b) 72

74 NCMA Proprietary Section 5: FAR Parts 19, 22-25,  19 Small Business  22 Application of Labor Laws to Government Acquisitions  23 Environment, Energy, and Water Efficiency, Renergy Technologies, Occupational Safety, and Drug-Free Workplace  24 Protection of Privacy and Freedom of Information  25 Foreign Acquisition  27 Patents, Data, and Copyrights  28 Bonds and Insurance  29 Taxes 73

75 NCMA Proprietary Section 5: FAR Parts 19, 22-25, (cont’d)  30 The Cost Accounting Standards (CAS) Administration  31 Contract Cost Principles and Procedures  32 Contract Financing  33 Protests, Disputes, and Appeals  34 Major System Acquisition  35 Research and Development Contracting  36 Construction and Architect-Engineer Contracts  37 Service Contracting  38 Federal Supply Schedule Contracting  39 Acquisition of Information technology 74

76 NCMA Proprietary FAR Part 19 - Small Business Programs  FAR Subpart 19.3 Determination of Small Business Status for Small Business Programs –Representations and certifications, ORCA, CCR –North American Industry Classification System (NAICS)  FAR Subpart 19.5 Set-Asides for Small Business –Small business set-aside may be open to all small businesses –Set-aside may be a single acquisition or class of acquisitions (total or partial) –Market research shall be used to document why a set-aside is inappropriate 75

77 NCMA Proprietary FAR Part 19 - Small Business Programs (cont’d)  FAR Subpart 19.7 Small Business Subcontracting Program –Individual Contract Plan; specific contract, entire contract period (including options), based on planned first-tier subcontracting for the contract –Master plan; contains all required elements of an individual contract plan except goals –Commercial plan; applies to entire production of commercial items during the offeror’s fiscal year –Subcontracting plan shall be incorporated in the contract award –Reporting through the Electronic Subcontract Reporting System (eSRS) 76

78 NCMA Proprietary FAR Part 19 - Small Business Programs (cont’d)  Small Business Categories –Small Business –Small Disadvantaged Business –Woman-owned Small Business –Economically Disadvantaged Women-Owned Business –Veteran-Owned Small Business –Service-Disabled Veteran-Owned Small Business –HUBZone Small Business Concern –8(a) Program 77

79 NCMA Proprietary FAR Part 19 - Small Business Programs (cont’d) In making an award that requires a subcontracting plan, the CO must: a.assure that a subcontract plan has been requested. b.in undefinitized instruments, require a draft plan within 90 days after award or before definitization, whichever occurs first. c.ensure that an acceptable plan is made a material part of the contract. d.delay the award if the SBA representative does not complete their review within 90 days. Answer: _____Source(s): FAR

80 NCMA Proprietary FAR Part 22 - Application of Labor Laws to Government Acquisitions  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 79

81 NCMA Proprietary FAR Part 22 - Application of Labor Laws to Government Acquisitions (cont’d)  Labor laws and Executive Orders Covered in FAR Part 22 (cont’d) –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 80

82 NCMA Proprietary FAR Part 22 - Application of Labor Laws to Government Acquisitions (cont’d)  Labor laws and Executive Orders covered in FAR Part 22 (cont’d) –Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor –Notification of Employee rights Under the National Labor Relations Act –Combatting Trafficking in Persons –Employment Eligibility Verification (e-Verify) 81

83 NCMA Proprietary FAR Part 22 - Application of Labor Laws to Government Acquisitions (cont’d) 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: FAR (b) 82

84 NCMA Proprietary FAR Part 23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace  Sustainable Acquisition Policy  FAR Subpart 23.2 Energy & Water Efficiency and Renewable energy –FAR Subpart 23.4 Use of Recovered Materials and Biobased Products –FAR Subpart 23.5 Drug-Free Workplace –FAR Subpart 23.7 Contracting for Environmentally Preferable Products and Services –FAR Subpart 23.8 Ozone-Depleting Substances –FAR Subpart 23.9 Contractor Compliance with Environmental Management Systems 83

85 NCMA Proprietary FAR Part 23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace (cont’d) FAR Part 23 prescribes acquisition policies and procedures supporting the government’s program for: a.ensuring a smoke-free workplace. b.protecting and improving the quality of work and home life. c.recycling commercial newspapers. d.energy conservation, identification of hazardous materials, and the use of recovered materials. Answer: _____Source: FAR

86 NCMA Proprietary FAR Part 24 - Protection of Privacy and Freedom of Information  FAR Subpart 24.1 Protection of Individual Privacy –Application of the Privacy Action of 1974 requirements to contracts/subcontracts involving design, development, or operation of a system of records on individuals  FAR Subpart 24.2 Freedom of Information Act –Contracting Officer responsibilities for release of information under FOIA and protection of exempted from release information (classified, proprietary proposal information, personal, confidential commercial or financial information, etc.) 85

87 NCMA Proprietary FAR Part 24 - Protection of Privacy and Freedom of Information The Freedom of Information Act provides that information is to be made available to the public: a.by publication in the Washington Post. b.within 72 hours of the initial request. c.seven years after the contract is closed. d.upon request, providing a copy of a reasonably described record. Answer: _____Source: FAR

88 NCMA Proprietary FAR Part 25 - Foreign Acquisition  FAR Subpart 25.1 Buy American Act – Supplies –Domestic end products  FAR Subpart 25.2 Buy American Act – Construction Materials –Domestic construction materials  FAR Subpart 25.4 Trade Agreements –Applicability of agreements on acquisitions 87

89 NCMA Proprietary FAR Part 25 - Foreign Acquisition (cont’d) For manufactured noncommercial end products, the test to determine the country of origin under the Buy American Act is: a.a two-part test to define a foreign end product that is manufactured in a foreign country and the foreign cost of the components exceeds 50%. b.a two-part test to define a domestic end product. c.a two-part test to determine both a foreign and domestic end product. d.a two-part test to define a domestic end product that is manufactured in the United States and the domestic cost of the components exceeds 50%. Answer: _____Source: FAR

90 NCMA Proprietary FAR Part 27 - Patents, Data, and Copyrights  FAR Subpart 27.1 The Government encourages the maximum practical commercial use of inventions made under government contracts  FAR Subpart 27.2 Patent and Copyright infringement liability  FAR Subpart 27.3 Patent Rights Under Government Contracts  FAR Subpart 27.4 Rights in Data and Copyrights 89

91 NCMA Proprietary FAR Part 27 - Patents, Data, and Copyrights (cont’d) Which of the following statements is NOT true? a.The government encourages the maximum practical commercial use of inventions made under government contracts. b.The government recognizes rights in data developed at private expense, and limits its demands for delivery of that data. c.The government requires that contractors obtain permission from copyright owners before including copyrighted works owned by others in data to be delivered to the government. d.Generally, the government will refuse to award a contract on the grounds that the prospective contractor may infringe a patent. Answer: _____Source: FAR

92 NCMA Proprietary FAR Part 28 - Bonds and Insurance  FAR Subpart 28.1 Bonds and Other Financial Protections –Bid, performance and payment bonds  FAR Subpart 28.2 Sureties and Other Security for Bonds  FAR Subpart 28.3 Insurance –Under cost-reimbursement contracts –Workers’ compensation –General liability –Automobile liability –Aircraft public and passenger liability (performance involves use of aircraft) –Vessel liability (performance involves use of vessels) 91

93 NCMA Proprietary FAR Part 28 - Bonds and Insurance Performance and payment bonds are required or may be required for: a.construction contracts and services and supply contracts exceeding $2,000. b.construction contracts exceeding $150,000. c.any contract for services. d.construction contracts exceeding $150,000 and services and supply contracts exceeding the simplified acquisition threshold when necessary to protect the government’s interests. Answer: _____Sources: FAR , (a) & (a) 92

94 NCMA Proprietary FAR Part 29 - Taxes  FAR Subpart 29.1 Resolving Tax Problems –Contracting Officers should request assistance from agency designated legal counsel –When constitutional immunity from State or local taxation are at issue, discourage contractors from negotiating independently  FAR Subpart 29.2 Federal Excise Taxes –Solicit prices on a tax-exclusive basis when exempt and on a tax- inclusive basis when no exemption exists  FAR Subpart 29.3 State and Local Taxes –Generally, purchases and leases made by the Federal Government are immune from tax –Purchases by contractors/subcontractors, the right to exemption may not rest with the Government’s immunity 93

95 NCMA Proprietary FAR Part 29 – Taxes (cont’d) Generally, purchases and leases made by the Federal Government are: a.subject to state and local taxation. b.immune from state and local taxation. c.eligible for state and local tax rebates. d.subject to taxation only in states with Value Added Tax. Answer: _____Source: FAR

96 NCMA Proprietary FAR Part 30 - The Cost Accounting Standards (CAS) Administration  FAR Subpart 30.2 CAS Program Requirements –Applicability, solicitation provisions, contract clauses –Disclosure Statements and cognizant federal agency responsibilities  FAR Subpart 30.6 CAS Administration –Changes in disclosed or established cost accounting practices –Subcontract administration 95

97 NCMA Proprietary FAR Part 30 - The Cost Accounting Standards (CAS) Administration Cost Accounting Standards Board rules and regulations apply to: a.negotiated contracts and subcontracts. b.sealed bid contracts. c.contracts with small business concerns. d.bridge contracts. Answer: _____Source: FAR

98 NCMA Proprietary FAR Part 31 - Contract Cost Principles and Procedures  FAR Subpart 31.1 Applicability –Applicability by contract type  FAR Subpart 31.2 Contracts with Commercial Organizations –Allowability, reasonableness & allocability –Direct cost, indirect cost –Selected cost (cost principles)  FAR Subpart 31.3 Contracts with Educational Institutions 97

99 NCMA Proprietary FAR Part 31 - Contract Cost Principles and Procedures (cont’d)  FAR Subpart 31.3 Contracts with Educational Institutions –Office of Management and Budget (OMB) Circular No. A-21, Cost Principles for Educational Institutions  FAR Subpart 31.6 Contracts with State, Local, and Federally Recognized Indian Tribal Governments –Office of Management and Budget (OMB) Circular No. A-87, Cost Principles for State and Local Governments 98

100 NCMA Proprietary FAR Part 31 - Contract Cost Principles and Procedures (cont’d) Which of the following statements about advance agreements is NOT true? a.Advance agreements may only be negotiated with a particular contractor for a single contract. b.Advance agreements may be negotiated either before or during a contract. c.The agreements must be in writing. d.The agreements must be incorporated into applicable current and future contracts. Answer: _____Source: FAR

101 NCMA Proprietary FAR Part 32 - Contract Financing  FAR Subpart 32.1 Non-Commercial Item Purchase Financing –Methods and practices  FAR Subpart 32.2 Commercial Item Purchase Financing –Methods and practices  FAR Subpart 32.3 Loan Guarantees for Defense Production –Through Federal Reserve Banks 100

102 NCMA Proprietary FAR Part 32 - Contract Financing (cont’d)  FAR Subpart 32.4 Advance Payments for Non- Commercial Items –Least preferred method of contract financing  FAR Subpart 32.5 Progress Payments Based on Costs –Customary progress payments 80% (large business) 85% (small business)  FAR Subpart 32.6 Contract Debts –Debt collection and demand for payment 101

103 NCMA Proprietary FAR Part 32 - Contract Financing (cont’d)  FAR Subpart 32.7 Contract Funding –Anti-Deficiency Act  FAR Subpart 32.8 Assignment of Claims –Assignment of payment over from contractor to bank, trust or other financial institution  FAR Subpart 32.9 Prompt Payment –Payment within 30 days of receipt of a proper invoice and satisfactory contract performance  FAR Subpart Performance-Based Payments 102

104 NCMA Proprietary FAR Part 32 - Contract Financing (cont’d)  FAR Subpart Performance-Based Payments –Payments made on agreed to milestones or measureable criterion of performance  FAR Subpart Electronic Funds Transfer –Preferred method of payment on government contracts 103

105 NCMA Proprietary FAR Part 32 - Contract Financing (cont’d) Performance-based payments shall be used only: a.when the Contracting Officer and the offeror are able to agree on the performance-based payment terms. b.when the contract is a fixed-price type contract. c.when the contract does not provide for other methods of contract financing. d.when all of the above conditions are met. Answer: ____Source: FAR

106 NCMA Proprietary FAR Part 33 Protests, Disputes, and Appeals  FAR Subpart 33.1 Protests –Protests to GAO on solicitations or awards by interested parties  FAR Subpart 33.2 Disputes and Appeals –Contract Disputes Act of 1978 –Process and remedies under the Act 105

107 NCMA Proprietary FAR Part 33 Protests, Disputes, and Appeals (cont’d) Protests may be filed with: a.either the agency or the Government Accountability Office. b.the agency, the GAO or the General Services Board of Contract Appeals (ADP acquisitions). c.either the contracting officer or the U.S. Court of Federal Claims. d.small claims court for awards under the Simplified Acquisition Threshold. Answer: _____Source: FAR

108 NCMA Proprietary FAR Part 34 - Major System Acquisition  FAR Subpart Policy –Promote innovation and full and open competition –Express needs in terms of mission and not specified systems to satisfy needs –Focus resources on activities conducted in the initial stage of major programs –Sustain effective competition between alternative system concepts and sources for as long as it is beneficial 107

109 NCMA Proprietary FAR Part 34 - Major System Acquisition (cont’d)  FAR Subpart General requirements –Effective competition –Mission-oriented solicitation –Concept exploration contracts –Demonstration contracts –Full-scale development contracts –Full production  FAR Subpart 34.1 Testing, Qualification and Use Of Industrial Resources Developed Under Title III, Defense Production Act –Government shall pay for testing and qualification for use of resources covered under the Act 108

110 NCMA Proprietary FAR Part 34 - Major System Acquisition (cont’d)  FAR Subpart 34.2 Earned Value Management System –Required for major system acquisition, IAW OMB Circular A-11 –System must comply with ANSI Standard-748, Earned Value Management Systems –System must pass an Integrated Baseline Review covering the ability to project and attain cost objectives recognizing the relationship between budget, funding, schedule and work performed 109

111 NCMA Proprietary FAR Part 34 - Major System Acquisition (cont’d) The acquisition strategy tailored to a particular major system acquisition shall be developed by the: a.Contracting Officer. b.program manager. c.head of a contracting activity. d.acquisition manager. Answer: _____Source: FAR

112 NCMA Proprietary FAR Part 35 - Research and Development Contracting  General guidance on soliciting and awarding R&D  Guidance on contracting for R&D with educational and nonprofit organizations 111

113 NCMA Proprietary FAR Part 35 - Research and Development Contracting The responsibility for selecting the appropriate type of contract for an R&D requirement belongs to: a.program manager. b.contracting officer. c.acquisition manager. d.R&D chief. Answer: _____Source: FAR (b) 112

114 NCMA Proprietary FAR Part 36 - Construction and Architect- Engineering Contracts  FAR Subpart 36.1 Policy –Construction – sealed bid procedures –Architect-engineering (A&E) services – negotiation –Design/bid/build – two-phase negotiation  FAR Subpart 36.2 Construction –Detailed specifications using recognized government, industry and technical society standards –A&E (affiliates or subsidiaries) responsible for design is ineligible for award –Fixed-price contracts (lump-sum, unit price, or FFP/EPA) 113

115 NCMA Proprietary FAR Part 36 - Construction and Architect- Engineering Contracts (cont’d)  FAR Subpart 36.3 two-phase design build selection –Phase One technical evaluation of prospective offerors excluding cost or price related factors Purpose is to identify offerors for submission of Phase Two proposals (max 5 offerors) –Phase Two FAR 15 based best value proposals Submission of technical and price proposals Competitive negotiation 114

116 NCMA Proprietary FAR Part 36 - Construction and Architect- Engineering Contracts (cont’d)  FAR Subpart 36.6 Architect-Engineering Services –Competition under the Brooks Architect-Engineers Act (40 U.S.C. 1101) –Negotiations begin with the most technically preferred firm –Fee limited to 6% of estimated cost of construction excluding fees 115

117 NCMA Proprietary FAR Part 36 - Construction and Architect- Engineering Contracts (cont’d) The methodologies Contracting Officers shall use in acquiring construction contracts and architect- engineer services, respectively are: a.negotiation and sealed bids. b.sealed bids and negotiation. c.negotiation and negotiation. d.sealed bids and barter. Answer: _____Source: FAR

118 NCMA Proprietary FAR Part 37 - Service Contracting  FAR Subpart 37.1 Service Contracts –Nonpersonal services are not subject to supervision and control usually prevailing in relationships between the government and its employees –Personal service is characterized by an employer/employee relationship normally obtained through direct hire –Obtaining personal services by contract circumvents federal law unless authorized by Congress 117

119 NCMA Proprietary FAR Part 37 - Service Contracting (cont’d)  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 118

120 NCMA Proprietary FAR Part 37 - Service Contracting (cont’d) 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 (b) 119

121 NCMA Proprietary FAR Part 38 - Federal Supply Schedule Contracting  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 –GSA awards Federal Supply Schedule contracts and may authorize other agencies to award schedule contracts 120

122 NCMA Proprietary FAR Part 38 - Federal Supply Schedule Contracting (cont’d) 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

123 NCMA Proprietary FAR Part 39 - Acquisition of Information Technology  FAR Subpart 39.1 General –Risk management (schedule, technical obsolescence, cost, contract type, technical feasibility, dependencies between projects/systems, funding, program management –Modular contracting –Information technology services –Privacy –Year 2000 compliance (Y2K)  FAR Subpart 39.2 Electronic and information technology –Access to and use by individuals with disabilities –Exceptions to disability requirements 122

124 NCMA Proprietary FAR Part 39 - Acquisition of Information Technology (cont’d) Contracts to acquire information technology systems in successive, interoperable increments are known as: a.multi-year. b.successive. c.modular. d.alpha. Answer: _____Source: FAR

125 NCMA Proprietary Section 6: FAR Parts  42 Contract Administration and Audit Services  43 Contract Modifications  44 Subcontracting Policies and Procedures  45 Government Property  46 Quality Assurance  47 Transportation  48 Value Engineering  49 Termination of Contracts  50 Extraordinary Contractual Actions and The Safety Act  51 Use of Government Sources by Contractors 124

126 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services  Subpart 42.1 Contract Audit Services –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) 125

127 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services (cont’d)  FAR Subpart 42.3 Contract Administration Office Functions – (a) List of functions normally delegated to CAO (71 functions) – (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 126

128 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services (cont’d)  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 127

129 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services (cont’d)  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 Production Surveillance and Reporting  FAR Subpart Novation and Change-of-Name Agreements 128

130 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services (cont’d)  FAR Subpart Suspension of Work, Stop-Work Orders, and Government Delay of Work –Terminate, cancel stop-work, extend period of stop-work –Government delay of work  FAR Subpart Contractor Performance Information –CPARS  FAR Subpart Small Business Contract Administration –CO make every reasonable effort to respond in writing within 30 days  FAR Subpart Forward Pricing Rate Agreements –FPRA vs. FPRR 129

131 NCMA Proprietary FAR Part 42 - Contract Administration and Audit Services (cont’d) 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: ____Sources: FAR (a)(1-70) 130

132 NCMA Proprietary FAR Part 43 - Contract Modifications  FAR Subpart 43.1 General –Only Contracting Officers are empowered to execute contract changes –Bilateral modifications vs. unilateral modifications –Availability of funds  FAR Subpart 43.2 Change Orders –FAR , Changes-Fixed Price (AUG1987), CO authority to make unilateral changes with the scope of the contract –FAR , Change Order Accounting (APR 1984), accounting for cost of changes –Unpriced change order require a bilateral supplemental agreement 131

133 NCMA Proprietary FAR Part 43 - Contract Modifications (cont’d) Supplemental agreements are used to: a.issue change orders. b.issue termination notices. c.definitize letter contracts. d.make administrative changes. Answer: ____Source: FAR a 132

134 NCMA Proprietary FAR Part 44 - Subcontracting Policies and Procedures  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 Subcontracts for commercial items (DEC 2010) 133

135 NCMA Proprietary FAR Part 44 - Subcontracting Policies and Procedures (cont’d) 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: _____Source: FAR (a) 134

136 NCMA Proprietary FAR Part 45 - Government Property  FAR Subpart 45.1 General –Government-furnished property –Contractor-acquired property –Contractors generally not required to establish property management systems that are separate from contractor established system to manage contractor-owned property –FAR , Government Property (AUG 2010) –FAR , Alternate I (AUG 2010) 135

137 NCMA Proprietary FAR Part 45 - Government Property (cont’d) 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: FAR

138 NCMA Proprietary FAR Part 46 - Quality Assurance  FAR Subpart 46.2 Contract Quality Requirements –Commercial items, reliance on contractor inspection, standard inspection, higher-level quality requirements  FAR Subpart 46.4 Government Contract Quality –Source, destination, simplified acquisitions  FAR Subpart 46.5 Acceptance –Acceptance, Certificate of Conformance, transfer of title and risk of loss  FAR Subpart 46.7 Warranties –Use of warranties and warranty terms 137

139 NCMA Proprietary FAR Part 46 - Quality Assurance The inclusion of a warranty in federal government contracts is: a.forbidden by statute. b.allowed only in fixed-price contracts. c.allowed in all types of contracts. d.not required. Answer: _____Source: FAR

140 NCMA Proprietary FAR Part 47 - Transportation  FAR Subpart 47.2 Contracts for Transportation services  FAR Subpart 47.3 Transportation in Supply Contracts  FAR Subpart 47.4 Air Transportation by U.S.-Flag Carriers  FAR Subpart 47.5 Ocean Transportation by U.S.- Flag Vessels 139

141 NCMA Proprietary FAR Part 47 – Transportation (cont’d) A person holding himself or herself out to the general public to provide transportation for compensation is a: a.Contract carrier. b.Universal carrier. c.Common carrier. d.Commercial carrier. Answer: _____Source: FAR

142 NCMA Proprietary FAR Part 48 – Value Engineering  FAR 48.1 Policies and Procedures –Processing of Value Engineering Change Proposals (VECP)  FAR 48.2 Contract Clauses –Clauses for supply, services and construction contracts 141

143 NCMA Proprietary FAR Part 48 – Value Engineering There are two value engineering approaches, the a.Contractor approach and the government program. b.Government approach and the contractor program. c.Incentive approach and the mandatory program. d.Mandatory approach and the incentive program. Answer: _____Source: FAR

144 NCMA Proprietary FAR Part 49 - Termination of Contracts  Subpart 49.1 General Principles –The government reserves the right to termination (in whole or in part) a contract without breach of contract  Subpart 49.2 Termination for Convenience (fixed- price) –Terminate without cause BUT contractor is entitled to an equitable adjustment which will reflect in a supplemental agreement establishing the final contract price  Subpart 49.3 Reimbursement Contracts Termination for Convenience –Settlement of costs (including rate adjustments) and final fee 143

145 NCMA Proprietary FAR Part 49 - Termination of Contracts (cont’d)  FAR Subpart 49.4 Termination for Default (fixed- price) –Under default, the government is not liable for contractor cost of undelivered work  FAR Subpart 49.5 Contract Termination Clauses –Must be present in the contract  FAR Subpart 49.6 Contract Termination Forms and Formats –Important to follow since terminations can lead to litigation 144

146 NCMA Proprietary FAR Part 49 - Termination of Contracts (cont’d) A contract should not normally be terminated for convenience but should be permitted to run to completion when the price of the undelivered balance of the contract is less than: a.$25,000. b.$1,000. c.$5,000. d.$10,000. Answer: ____Source: FAR (c) 145

147 NCMA Proprietary FAR Part 50 - Extraordinary Contractual Actions and The Safety Act  FAR Subpart 50.1 Extraordinary Contractual Actions –Public Law –Executive Order

148 NCMA Proprietary FAR Part 50 - Extraordinary Contractual Actions and The Safety Act (cont’d) Authority for entering into or modifying contracts in order to facilitate the national defense under extraordinary emergency conditions is granted by: a.Public Law b.the head of the contracting activity. c.the Secretary of Defense. d.A level above the contracting officer. Answer: _____Source: FAR

149 NCMA Proprietary FAR Part 51 - Use of Government Sources by Contractors  FAR Subpart 51.1 Contractor use of Government Supply Sources –FAR , Government supply sources (AUG 2010) –Contracting Officer authorization letter  FAR Subpart 51.2 Contractor Use of Interagency Fleet Management System (IFMS) Vehicles –FAR (JAN 1991), Interagency fleet management system vehicles and related services –Contracting Officer authorization to contact GSA regional fleet manager 148

150 NCMA Proprietary FAR Part 51 - Use of Government Sources by Contractors (cont’d) 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: FAR

151 NCMA Proprietary FAR Part 52-Solicitation Provisions and Contract Clauses  While there are no questions on FAR 52 itself, there may be answers which refer to a clause that was prescribed by another FAR Part.  For example: The clause at FAR , “Contract Terms and Conditions-Commercial Items” is prescribed in FAR Part

152 NCMA Proprietary Multiple-Choice Questions  Stem –Read the FULL statement to understand what the question is asking  Key –The correct answer  Distracters –Plausible answers to those who cannot ascertain the correct answer 151


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