Download Back to Basic Certification Contracting Exam updated version and more Exams Advanced Education in PDF only on Docsity!
1 / 72
Back to Basic Certification Contracting
Exam updated version
- What are the 3 phases of contract life cycle?: Pre-Award, Award, and Post- Award
- The Pre-award phase consists of 2 primary activities, what are they?: Develop Solicitation and Develop Otter
- What one activity is in the award phase?: Form the Contract
- The post-award phase is comprised of 2 primary activities, what are they?: - Perform Contract and Close Contract
- Who develops a solitication?: The Government and the buyer
- Who prepares an offer?: The Contractor and the seller
- During the post-award phase while the contract is being performed, who has the responsibility for quality?: The seller
- What is the means by acquiring by contract with appropriated
2 / 72 funds of supplies or services by and for the use of the Federal Government through purchase or lease?: Acquisition
- What FAR part covers personal conflict of interest?: FAR Part 3
- What FAR part covers organizational conflict of interest?: FAR Part 9
- Who has the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract?: The Contracting Oflcer
- Openness for the contracting officer applies primarily to?: The Acquisition Team, Contractor, Otterors, and The Contracting Team
- What is a Determination and Findings (D&F)?: Determination is a conclusion or decision supported by the findings.
- What is a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions.: A Determination and Findings (D&F)
- What is it called when a practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR?: Deviation
- What is a summary of the contractor's proposal, any field
4 / 72
- This form is used to amend any solicitation or modify any contract.: SF 30 - Amendment of Solicitation/Modification of Contract
- This form may be used to award either negotiated contracts or contracts utilizing sealed bidding.: SF 33 - Solicitation, Otter, and Award
- This form is used for soliciting offers and awarding contracts expected to exceed the simplified acquisition threshold. These acquisitions must be for: (1) construction, alteration or repair; OR (2) dismantling, demolition, or removal of improvements.: SF 1442 - Solicitation, Otter & Award
- This form is required for solicitations for commercial items if the acquisition will exceed the simplified acquisition threshold. It is encouraged for commer- cial acquisitions not exceeding the simplified acquisition threshold.: SF 1449 - Solicitation/Contract/Order for Commercial Items
- This form is used for placing orders under indefinite-delivery contracts or if the SF 1449 is not used under simplified acquisition procedures.: DD 1155 - Order for Supplies or Services
- This form is used to facilitate a structured approach to profit/fee analysis.: DD 1547 - Record of Weighted Guidelines Application
5 / 72
- What aids both the Government and contractor personnel to (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems.: Postaward Orientation
- What is the general rule for ethical behavior?: The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government- contractor relationships.
- What was passed to deter subcontractors from making payments and con- tractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or a subcontract relating to a prime contract?: The Anti-Kickback Act of 1986
- Any contractor bid or proposal information delivered to the Government with restrictions on its use, modification, reproduction, release, performance, or display may not be provided to third parties unless the intended recipient completes and signs a what?: A Non-Disclosure Agreement
- A what is a situation in which a covered employee has a
7 / 72 competitors where such infor- mation would assist the contractor in winning the contract award?: Unequal Access (part of OCI)
- This may happen when a support contractor is performing duties that in- volve assessing or evaluating itself or a related entity.: Impaired Objectivity (part of OCI)
- This most often occurs when the contractor is writing the Statement of Work, performing systems engineering, or providing technical direction efforts.: Biased Ground rules (part of OCI)
- What are the 3 basic approaches available to contractors and the Agency for dealing with OCI issues?: (1) Avoid), (2) Neutralize, and (3) Mitigate
- Can you award to a contractor if you determine there is an OCI?: If an OCI exists, it may be best to cancel the RFP and make any needed changes to eliminate any conflict.
- Who shall analyze planned acquisitions in order to (1) Identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible; and (2) Avoid, neutralize, or mitigate significant potential conflicts before contract award?: The Contracting Oflcer
8 / 72
- Government business shall be conducted in a manner that is above re- proach, with complete impartiality, and with preferential treatment for none. True or False?: True
- No person or other entity may disclose contractor bid or proposal infor- mation or source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by the agency head or the contracting officer to receive such information. True or False?: True
- Federal employees are prohibited from soliciting or accepting gifts offered "because of the employee's official position" or gifts offered by a "prohibited source." True or Fale?: True
- A "personal conflict of interest" is a situation where an individual is employed by a defense contractor company and is in a position to materially influence DOD's recommendations and/or decisions and, because of his/her personal activities, relationships, or financial interests, may lack or appear to lack objec- tivity or appear to be unduly influenced by personal financial interest. True or False?: True
- What is FAR Part 10?: Market Research
10 / 72
- Who is the only team member of the acquisition team is authorized to award, change, or terminate a contract?: Contracting Oflcer
- What is the purpose of a post award orientation?: (1) achieve a clear and mutual understanding of all contract requirements and (2) identify and resolve potential problems
- What are the 2 types of authority?: (1) Actual and (2) Apparent
- What are the 2 types of Actual Authority?: (1) Express Actual Authority and (2) Implied Actual Authority
- What is created by explicit language, either in writing or verbal. It should be noted that the spoken word is generally as binding as the written word; however, it is sometimes more difficult to prove?: Express Actual Authority
- What is usually defined in general terms to include authority to do what is usual, customary and necessary to accomplish the action?: Implied Actual Authority
- What exists when someone reasonably believes an individual has the au- thority to act on behalf of the Government, based on his or her conduct, even though that individual has no actual authority
11 / 72 to bind the Government?: Apparent Authority
- 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?: Contracting Oflcer
- Each authority (apparent or actual) is NOT delegable unless specifically stat- ed otherwise. True or False?: False
- What are the 4 essential elements of a contract?: (1) capacity, (2) mutual assent, (3) consideration, and (4) lawful purpose
- What refers to the legal competence of a person to enter a valid contract?: - Capacity
- What means that parties involved in a contract must come to an agreement about the details of the transaction and each party either makes a promise or begins or renders performance? aka meeting of the minds.: Mutual Assent
- What is something of value that a promisor (the offeror) receives from a promisee (the offeree) in return for his or her
13 / 72 process?: Tactical Market Research
- The extent of market research will vary, depending on such factors as ur- gency, estimated dollar value, complexity, and past experience. True or False?- : True
- Contracting Officers shall promote and provide for what in soliciting offers and awarding Government contracts?: Full and Open Competition
- The competitive procedures available for use in fulfilling the requirement for full and open competition is what?: (1) Sealed Bids, (2) Competitive Proposals, (3) Combination of Competitive Procedures, and (4) other competitive procedures
- Generally, unless an exception applies or is otherwise expressly authorized by statute, Contracting Officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. True or False?:
- Agencies may exclude a particular source from a contract action in order to establish or maintain an alternative source or
14 / 72 sources. These include what? (6): (1) establishing or maintain alternate sources, (2) set asides for small business concerns, (3) Section 8(a) competition, (4) set asides for HubZone small business concerns, (5) set asides for economically disadvantaged women-owned small business (EDWOSB) concerns or women-owned small business (WOSB) concerns eligible under the WOSB Program, and (6) set-asides for local firms during a major disaster or emergency
- What are the statutory authorities (including applications and limitations) permit contracting without providing for full and open competition?: (1) only one responsible source and no other supplies or services will satisfy agency requirements, (2) unusual and compelling urgency, (3) national security, and (4) public interest
- Contracting officers shall purchase supplies and services from responsible sources at fair and reasonable prices. True or Fale?: True
- Acceptance constitutes acknowledgment that the supplies or services con- form with applicable contract quality and quantity requirements, except as subject to other terms and conditions of the contract. True or False?: True
- Supplies accepted at a place other than what shall not be
16 / 72 a carrier if transportation is f.o.b. origin; or (2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.
- Title to supplies shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title. True or False?: True
- Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform the contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. True or False?: True
- What are examples of excusable delays in solicitations and contracts for supplies, services, construction, and research and development?: (1) acts of the Government in either it's sovereign or contractual capacity, (2) fires, (3) quarantine restrictions, and (4) freight embargoes
- What 6 things shall the Contracting Officer consider when preparing warran- ty terms and conditions?: (1) extent of contractor obligations, (2)
17 / 72 remedies, (3) duration of the warranty, (4) notice), (5) consistency, and (6) marketing
- What are the 2 types of warranties for commercial products and services?: (1) Implied Warranties and (2) Express Warranties
- When drafting solicitations and contracts, contracting officers must identify for each line item number, subline item number, or exhibit line item number the applicable Prompt Payment clauses that apply to each item when the solicitation or contract contains items that will be subject to different payment terms. True or Fales?: True
- What are the 2 types of contract modifications?: (1) Bilateral and (2) Unilateral
- What is a contract modification that is signed only by the contracting offi- cer?: Unilateral Modification
- A what (supplemental agreement) is a contract modification that is signed by the contractor and the contracting officer?: Bilateral Modfication
- Bilateral modifications are used to what?: (1) Make negotiated equitable adjustments resulting from the issuance of a change order; (2) Definitize letter contracts; and (3)
19 / 72 right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations?: Termination for Default (T4D)
- A what is used either after the cure notice fails to correct the delinquency or when there is insufficient time remaining in the schedule - less than 10-days?- : Show Cause
- A cure notice is issued when?: (1) Contractor fails to make progress and performance is en- dangered, (2) Performance problems do not involve terms for delivery, and (3) At least 10 days remain for contract performance and correction of the problem can be reasonably expected in the time remaining.
- Termination for Cause is similar to a default termination except it applies to commercial contract formats. True or False?: True
- A show cause is used either after the cure notice fails to correct the delin- quency or when there is insufficient time remaining in the schedule - less than how many days?: 10 days
- What are the 3 phases of The Service Acquisition Process?: Planning Phase, Devel- opment Phase, and Execution Phase
20 / 72
- Acquisition planning should begin as soon as the agency need is identified. True or False?: True
- What is the Government's policy on describing agency needs?: (1) promote full & open competition, (2) minimize restrictive provisions, and (3) state requirements in terms of function, performance, & essential physical characteristics
- No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act,31 U.S.C.1341), unless otherwise authorized by law. True or False?: True
- The Government is ordinarily required to furnish all property necessary to perform Government contracts. True or False?: False
- Market Research is required by which FAR Part?: FAR Part 10
- What are the two types of Market Research?: Strategic (market surveillance) and Tactical (market investigation)
- What are some effective methods of industry engagement?: (1) Sources South So- licitation, (2) Request for Information (RFI) distribution, (3) Pre-Solicitation Conference of Industry Day, (4) One-on-one interactions, and (5) Solicitation of feedback on Draft RFP
- Why is Market Research conducted?: To determine the availability of
