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CORB QUESTIONS & ANSWERS
The Source Selection Decision Document for a construction Request for Proposal has just been signed and you now notice that the Davis-Bacon wage rate has just been modified. The award has not yet been signed by the contracting officer. What do you do? - Answers :You need to issue an amendment to all the offerors in the competitive range and provide them an opportunity to revise their pricing. Wage rates need to be up-to-date as of Day of Contract award for construction RFPs (FAR 22.404-6(c)). You are the KO in a Source Selection and your higher leadership is now giving you direction which you believe is contrary to your legal guidance. How do you handle and what would you do? - Answers :Discuss with leadership the reasoning for going the other way; discuss leaderships reasoning with legal; if still not sold, offer your reasoning for not agreeing with their proposed approach (follow-up with an email); if leadership "requires" their approach to be taken, have specialist work up contract in accordance with leadership approach; request that leadership sign off on contract and all associated documents; NEVER SIGN A CONTRACT YOU DO NOT FEEL COMFORTABLE SIGNING. MGT CANNOT MAKE YOU SIGN ANYTHING YOU FEEL IS NOT RIGHT. Explain the difference between an offeror's experience and an offeror's past performance. - Answers :Should indicate that experience reflects WHAT an offeror has done (similar to a resume) and past performance reflects HOW WELL the offeror performed the work (similar to a performance appraisal). A legally binding contract must contain what elements? - Answers :Must involve two or more parties that have the capacity to contract. Must show agreement, including offer, acceptance, and mutual assent. Must show something of value changing hands between the parties to a contract, or other inducement that leads a person to make a promise. Must be for a legal purpose. Must be in the correct form. Explain the "Bona Fide Needs" rule. - Answers :The Bona Fide Need rule (law) requires appropriated funds be used only for goods and services for which a need arises during the period of that appropriation's availability for obligation. The bona fide needs rule is a rule of appropriations law. It mandates that a fiscal year's appropriations be obligated only to meet a legitimate-or bona fide-need arising in (for sometimes before) the fiscal year for which the appropriation was made. It restricts this year's appropriated funds from being used to fund next fiscal year's requirements. For example, annual funds (such as operations and maintenance funding) appropriated for fiscal year (FY) 2014 are to be used to fund legitimate or genuine FY2014 needs and are not to be used to fund a need the agency won't actually have until FY2015. What is the order of precedence for a solicitation or contract in accordance with FAR 52.215-8? For example, the specifications require a different item than is stated in the Schedule (Section B). What does the contractor use? - Answers :Schedule (excluding
specifications); representations and certifications; contract clauses; other document, exhibits, and attachments; the specifications. Once all receivables have been delivered/completed and verified by the customer/COR, the ACO or KO reviews the contract files for remaining closeout actions. Why is contract closeout so important? What actions need to be taken in closeout? - Answers :Extremely important because excess funds may need to be deobligated; in addition, many types of contracts require the withholding of final payments, which can amount to large sums of money for the Contractor (cash flow issue). On a full and open competitive negotiated acquisition, you have received five proposals and determined that discussions are needed, what is the process of determining which offerors are in the competitive range for these discussions? - Answers :The Government evaluated proposals and determined which were the most highly rated and eligible for inclusion in the competitive range relying on the merits of each offer. The merits of each offer were determined on the basis of: (1) The quality of the technical proposal based on the ratings of each proposal against all evaluation criteria. (2) The proposed cost/prices. Those proposals not included in the competitive range will receive no further consideration and will be notified of this in accordance with FAR Part 15.503. If you have a competitive requirement, how will you determine the Best Value Approach to use in regards to choosing LPTA or Tradeoff? Also, give at least one example when each is appropriate. - Answers : How would you mentor a new Contract Specialist (recent intern graduate) that has been assigned to your team? What tools would you provide to your specialist in accomplishing their duties? What tools do you use in accomplishing your duties? - Answers : What is an unauthorized commitment? What steps do you take in evaluating, processing and approving an unauthorized commitment? - Answers :An unauthorized commitment is means an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. The act of approving an unauthorized commitment is called a ratification. Unauthorized commitments may be ratified only when the conditions of FAR 1.6 02 - 3(c) are met. a) Use of appropriated funds, b) Provided to or accepted by the Government - received a benefit, c) Ratification official has the authority to ratify, d) Resulting contract must otherwise be proper, e) Price must be fair & reasonable, f) Funds are available and were available at the time the action occurred, g) The CO recommends payments, h) It is IAW other requirements and limitations What do you envision is the role of your CORs? When are you required to appoint one? What authorities are you allowed to delegate to your COR? What authorities are not delegable to the COR? - Answers :A Contracting Officer's Representative (COR) is an individual designated by the Contracting Officer to act as their representative in the technical monitoring and surveillance of a contract. These individuals serve as subject
urgency (synopsis, posting, etc.) if any. - Answers :"Review the requirements for urgent procurements, FAR 6.302- 2 -- Unusual and Compelling Urgency. Ensure the J&A includes: (1) The date the requirement was first known and the circumstances leading to urgency. (2) The quantity of items or services appropriate for the urgent procurement with supporting rationale. An urgent procurement should rarely, if ever, contain an option quantity. (3) The required product or service delivery schedule. (4) The reason(s) for delay in initiating the acquisition if the date the requirement identified was such that normal contracting and production lead times could have achieved delivery by the required date. (5) The harm (financial or other) to the government that would result if the required delivery dates are not met. Include estimated expenses the government would likely incur due to the delay, and explain the basis for this estimate. (6) If the requiring office is specifying the source(s) appropriate for this procurement, explain the expertise required and discuss the contractors' capability to meet the urgent requirement. Synopsis not required if Unusual and Compelling Urgency. J&A's citing urgency shall be publically available 30 days after contract award. " How do you determine the most appropriate contract type? Give examples of when you would use the different types. - Answers :A wide selection of contract types is available to the Government and contractors to provide needed flexibility in acquiring the large variety and volume of supplies and services required by agencies. Contract types vary according to: (1) The degree and timing of the responsibility assumed by the contractor for the costs of performance, and (2) The amount and nature of the profit incentive offered to the contractor for achieving or exceeding specified standards or goals. (b) The contract types are grouped into two broad categories, fixed-price contracts, cost- reimbursement contracts. The specific contract types range from firm-fixed-price, in which the contractor has full responsibility for the performance costs and resulting profit (or loss), to cost-plus-fixed-fee, in which the contractor has minimal responsibility for the performance costs and the negotiated fee (profit) is fixed. In between are the various incentive contracts in which the contractor's responsibility for the performance costs and the profit or fee incentives offered are tailored to the uncertainties involved in contract performance. There are many factors that the contracting officer should consider in selecting and negotiating the contract type. They include the following: (a) Price competition. Normally, effective price competition results in realistic pricing, and fixed- price contract is ordinarily in the Government's interest. (b) Price analysis. Price analysis, with or without competition, may provide a basis for selecting the contract type. The degrees to which price analysis can provide a realistic pricing standard should be carefully considered. See FAR 15.404-1(b) (c) Cost analysis. In the absence of effective price competition and if price analysis is not sufficient, the cost estimates of the offeror and the Government provide the basis f How do you determine a prospective contractor to be responsible? Are there any differences in that process for contracts under the SAT versus contracts exceeding the SAT? If so, what are they? - Answers : Your contract requires a modification. Address the different types of modifications that could be executed. Describe the steps you would take in executing the modification and
include in your discussion the different modification authorities and what documentation would be necessary to support the modification action. - Answers : "Describe the different types of terminations available. Address both non commercial (FAR Part 49) and commercial (FAR PART 12) terminations. Discuss the termination procedures and remedies (if any) f each type of termination." - Answers :"Termination for Default - The Government's contractual right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations. Termination for Convenience - The Government's right to unilaterally terminate performance of work under a contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. Termination for Cause - This is an action that is only applicable to procurements accomplished under FAR Part 12. It is essentially the commercial equivalent of a termination for default. The Government may terminate a commercial contract, or any part thereof, for cause in the event of: (i) any default by the Contractor, or (ii) if the Contractor fails to comply with any contract terms and conditions, or (iii) fails to provide the Government, upon request, with adequate assurances of future performance. No-Cost Cancellation- This is an alternative to a Termination (Default/Cause/Convenience) for Contracts/Purchase Orders. This is essentially when the contractor and the Government agree to cancel or partially cancel a requirement without cost to either party. Remedies: Cure Notice and Show Cause Notice. Cure Notice advises the Contractor of a problem and provides an opportunity to correct within a specified time limit. Must be at least 10 days remaining in the performance period to issue a Cure Notice. May be followed by a Show Cause. Show Cause directs the Contractor to show why he should not be terminated for default " Discuss your understanding of SAM (System for Award Management Exclusions) and how / when it is to be utilized. - Answers : "You have received a sole source proposal. How would you determine the price to be fair and reasonable. Address any differences when dealing with different dollar thresholds, contract type, etc. (i.e., cost analysis and/or price analysis)." - Answers :" For actions, which don't require submission of cost and pricing data, prepare price analyses. A price analysis is the process of evaluating a proposed price without evaluating its separate cost elements or profit. For non-commercial procurements over $700k, certified cost or pricing data is required. A cost analysis should be prepared. A cost analysis is the review and evaluation of the separate cost elements, including profit, of an offeror's proposal. The following information can be used to determine a price fair and reasonable: (i) Market research; (ii) Comparison of the proposed price with prices found reasonable on previous purchases; (iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price; (iv) A comparison with similar items in a related industry; (v) The contracting officer's personal knowledge of the item being purchased; (vi) Comparison to an independent Government estimate; or (vii) Any other reasonable basis. You have received a sole source proposal. How would you determine the price to be fair and reasonable. Address
before accomplishing the award of any negotiated contract, The award of a subcontract at any tier, if the contractor and each higher-tier subcontractor were required to furnish cost or pricing data, or the modification of any sealed bid or negotiated contract expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract. Exceptions to certified cost or pricing data include: adequate price competition, prices are set by law or regulation, when acquiring a commercial item, a waiver has been granted, or when modifying a contract or subcontract for commercial items. One of your specialists is new to contracting policies and procedures and asks you to explain a "D&F". How would you describe a D&F? - Answers :A prerequisite to taking certain contracting actions. The "determination" is a conclusion or decision supported by the "findings". Determination and Findings" means 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. The "determination" is a conclusion or decision supported by the "findings.'' The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. If a contractor is included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, what are the rules on continuation of current contracts with the contractor? - Answers :Authority: FAR 9.405 -- 1. Agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head or a designee directs otherwise. 2. Ordering activities may continue to place orders against existing contracts, including indefinite delivery contracts, in the absence of a termination. 3. Agencies shall not renew or otherwise extend the duration of current contracts (i.e. exercise options), or consent to subcontracts, unless the agency head or a designee authorized representative states, in writing, the compelling reasons for renewal or extension. What is the difference between price and cost analysis? - Answers :Price analysis - involves overall evaluation of total price without evaluating its separate cost elements or profit and is required for all acquisitions. Based essentially on data that is obtained from sources other than the prospective KTR. Cost Analysis - involves review and evaluation of each separate cost element to include profit/fee. Describe the Anti-deficiency Act (ADA) and list some actions that would constitute a violation of it. What are the potential penalties for a violation of the ADA? - Answers :The Anti-deficiency Act means that Government officials have no authority to obligate or spend funds unless the funding is available prior to the obligation occurring. Some of the violations of the ADA include: a. Obligation in excess of available funds. b. Expenditure in excess of available funds. c. Involving the Government in a contract or obligation in advance of appropriations. d. Improper augmentation of appropriations e. Accepting most voluntary services. Administrative discipline including suspension without pay and removal from job, criminal prosecution (if knowing and willful violation) - up to two years imprisonment and $5,000 fine, and the contract may be declared null and void, although the contractor may still be owed compensation.
You are a PCO and a new trainee comes to you seeking advice. The trainee states that he/she just had a conversation with the resource manager who referred to funds categorized by status as either active, expired, or cancelled. The trainee doesn't understand the differences. Can you explain the differences between the 3 status categories? - Answers :1. Active - appropriation is available for obligation & disbursement. 2. Expired - Appropriations expire for new obligations at the end of the period for which they were appropriated, but are available to adjust and liquidate previous obligations for a 5 year period (available for disbursement, not new obligations). 3. Cancelled - no longer available for any purpose. Expired appropriations are cancelled at the end of the 5th full fiscal year following expiration. What are some of the benefits of competition? What are some barriers to competition? - Answers :Benefits of competition: 1) drives cost savings, 2) improves quality of product/service, 3) enhances solutions and the industrial base, 4) promotes fairness and openness leading to public trust, 5) prevents waste, fraud, and abuse, because KTR's know they must perform at a high level or else be replaced, 6) increases likelihood of efficiencies and innovations Keys to Effective Competition: 1) gather information from relevant sources in and outside the organization to support : a) commercial product/service that meet minimum requirement and mission needs: b) expand insight into commercial marketplace, 2) Use results to determine if: a) if capable sources exists, b) availability of commercial and/or non-developmental items The COR has reported to you that the contractor has failed to deliver a service per the contract requirements. What actions should you take as the Contracting Officer in this instance? - Answers :Contact the customer/COR first to confirm that the services were not performed. Would reach out to the contractor to understand why the services weren't performed, ie: Fact finding. The goal is to ensure that no one on the Government side provided direction that they did not have the authority to direct the contractor and to get the contractors story. From there, we have a couple of options, assuming no Gov't direction was provided. 1. Could issue a cure notice, which gives the contractor 10 days to cure the failure, if they do not, I could terminate for default. That is pretty aggressive, especially if we still need the services because getting another contractor in would obviously result in a break of service. The second approach would be to send a PCO letter and ask them for consideration for an extension in order to complete the performance. The considration is usually monetary, but other possibilities could be discussed. For either scenario, legal would also have to be involved. As Contracting Officer, you have a unique role when it comes to representing the United States of America. Please take a minute or two to describe this unique role, paying particular attention to your allegiance to the US Government versus the contractor in decisions regarding tax-payer dollars. - Answers :The candidate should discuss in general terms the role and responsibility of a Contracting Officer (eg, 1) The only person who can bind the US Government; 2) Must be fair and impartial, (etc., etc.). I think it important that the candidate also touch on the fact that they are to look at and consider both sides of every situation (US Government and industry) and make decisions on a
Explain the difference between severable and non-severable services. - Answers :A severable service is a service that can be separated into components that independently meet a separate need of the government. As a general rule, severable services are the bona fide needs of the fiscal year in which performed, however, DoD agencies may award severable services contracts that cross fiscal years, provided they do not exceed one year in duration. A non-severable service is a service that produces a single or unified outcome, product, or report that cannot be subdivided for separate performance in different fiscal years. Thus, the government must fund the entire effort with dollars available for obligaton at the time the contract is executed, and the contract performance may cross fiscal years. When would you use a bilateral modification versus an unilateral modification? - Answers :Bilateral modifications are negotiated changes such as delivery schedule change, funding change, significant change to the SOW, etc. A unilateral modification can be issued for administrative changes, change orders within the general scope of the contract, termination notices, etc. If the contract has an option (to extend the contract, to purchase additional supplies or services, etc.) the contract should have an option clause in it and then the option can be exercised unilaterally. Numerous modification authorities (and associated clauses) exist for modifications such as Engineering changes, changes to usage of government property, funding changes, etc. The Changes Clauses (52.243- X) allow for unilateral modifications. How do you determine whether or not a change is within the scope of the contract? - Answers :In general, a modification is considered to be outside the scope of an existing contract when there is a "material difference" between the contract as modified and the contract as it existed before the modification. The rule is to examine any changes in the type of work, performance period and costs between the contract as awarded and as modified. The PCO must look at the Acquisition Plan, the Scope of Work (SOW), the Pricing Negotiation Memorandum (PNM), Justification & Approval (J&A), to determine if the change was contemplated by the parties at the time of contract award. Neither dollar amount nor quantity of changes is sole determinantions deciding whether a change is in or out of scope. The proposed change must also be evaluated with the consideration as to whether it would have significantly affected the original competition (more or different offerors, different technical approaches in the proposals, use of commercial items, etc.). What is the essential element of every viable, sustainable protest to the GAO and the U.S. Court of Federal Claims? - Answers :"Competitive prejudice, No matter what procurement improprieties were made, if the offeror does not suffer competitive prejudice, the protest won't be sustained in their favor." As a KO, you recently terminated a contract for default, but the funds have expired. Are you able to use those de-obligated funds? - Answers :If the government has terminated the contract for default (or cause in the case of a commercial contract), the government can use the original funds for a replacement contract, even if the funds have expired, as long as these conditions apply: The contract was made in good faithA continuing bona fide need existsThe replacement contract is of the same size and scope as the original
contractThe replacement contract is awarded without undue delay after the original contract is terminated for defaultThe replacement contract is awarded to a different contractor Name as many techniques as you can to promote early exchange of information with industry? - Answers :RFIs; Sources Sought; Pre-sol/pre-proposal Conferences; Industry or Small business conferences; public hearings; Market Research; One-On-One Meetings with Potential Offerors; Pre-sol Notices; Draft RFPs. (FAR 15.201(c)) Name some of the inherently governmental functions that a contracting officer must be aware of when advising customers about their requirements. - Answers :"Ffunctions that include exercising of descretion in applying Gov authority; making value judgements, interpretation and execution of the laws of the US that bind the US to some action; determine, protect and/or advance US economic political territorial, property and other interests; significantly affect life liberty and property of private persons; exert ultimate control over the acquisition, use or disposition of the eroperty, real or personal, tangible or intangible of the US, including collection, control or disbursement of Federal funds. (FAR 2.101)" As a Contracting Officer, you are likely to work on numerous simplified acquisitions. During the process, you will often issue RFQs to vendors and receive their quotations. At what point in the process is a contract actually established? - Answers :"A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing, as defined at 2.101. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. (FAR 13.004(a)(b))" OSD recently implemented an annual reporting requirement for bridge contracts. What is your understanding of bridge contracts and why is this a matter of concern? - Answers :"Applicants should understand the concerns related to competition and the need to ensure proper acquisition planning to minimize the need for bridges. A bridge action describes a non-competitive action requiring a justification to include, but not limited to, a formal justification and approval (FAR Part 6 or 13.5), limited sources justification (FAR Part 8.4), and exception to fair opportunity (FAR Part 16.5), to retain the current or similar product or services as a result of delay in the negotiation and award of a follow-on contract. The timely re-competition and renegotiation of our continuing DoD product and service requirements represents a critical opportunity for securing the best deals in support of the warfighter. Bridge contracts represent a lost opportunity for savings that could be realized from new, competitively awarded contracts."
Please define a Certificate of Current Cost or Pricing Data and its purpose. What are some of the key things you would expect to see on the certificate before accepting the certificate? There are five exceptions to obtaining a Certificate - please list one of them.
- Answers :"The definition is as follows: A Certificate of Current Cost or Pricing Data certifies that to the best of the company's knowledge, the cost or pricing data submitted were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price. The purpose is to have the company commit as to the accuracy, completeness, and currency of submitted data. If the data is later found to be incorrect or appropriate data was not submitted, the government reserves the right to a downward contract price adjustment for any monetary damages incurred. Key things we would expect to see or review in a Certificate are: - The certificate is in the format shown in FAR 15.406- 2 - Current as of the date of agreement on price or an earlier agreed upon date - Signed by an authorized representative of the company and dated as close as practicable to the date when price negotiations were concluded - Check for qualifications or new information disclosed by the sweep and evaluate its impact on the negotiated price Exceptions (FAR 15.403-1(b)): Adequate Price Competition Prices set by law or regulation Commercial Item Waiver has been granted Modifying contract/subcontract for commercial items Other Exceptions (FAR 15.403-2) Exercise of pre-priced option Certified cost or pricing data are not required for proposals used solely for overrun funding or interim billing price adjustments. " You are working on a competitive RFP and are nearing completion of Sections L containing information and instructions for offerors, and Section M containing evaluation factors for award. You have just completed a cross-check of Sections L and M to make sure that there is correlation between the contents of the two sections and you are satisfied that there is 100% correlation. Your project manager comes into your office very excited and tells you that he wants to include a request for additional information in Sec L. In talking to him you find that this new information request is not related to any other information requested from the offerors in Sec L. You also know from your work on the RFP that there is no corresponding evaluation criterion in Sec M for this information. You ask him why he wants to include the request in the RFP and he states that this is important information that he absolutely has to obtain for - Answers :"It is critical that the information requested in Sec L be held to an absolute minimum and then be requested only to the extent that the information will be relevant to the evaluation criteria in Sec M. A sure protest loser is where information is received in a proposal, is not relevant to an evaluation criterion, and is considered in the final source selection decision. This situation is called an "undisclosed evaluation criterion" by the GAO. If the information is so critical to the success of the program, then why isn't there a corresponding evaluation criterion in Sec M that will consider the information in making the final source selection decision? " You are the Contracting Officer involved in a very difficult Firm Fixed Price negotiation which is proposed at $120M. At the present time the two sides are $15M apart. The USACE maximum position would allow movement of $8M. The Project Manager is concerned about the length of time the negotiation is taking and has asked you about
the possibility of offering the contractor a 50/50 split of the present positions. What would you tell the Project Manager? - Answers :"Unless the differences are small, the Government should never offer a 50/50 split with the contractor for the following reasons: If the contractor says "No", which is very likely with this magnitude of difference, the Government Negotiation Team has nowhere to goThe credibility of the Air Force Negotiation Team is now gone since it is now obvious that only Government management can settle the acquisitionA move of this sort allows little additional room for management to adjust (in this case only $500K) If you reserve the right to go back to your previous position if the split is not accepted you would be in the same situation as telling the jury to ignore the previous statement. In other words, the contractor now knows you can go at least to the split position and they will now negotiate with this knowledg" "Explain Tradeoff and Lowest Price Technically Acceptable (LPTA). When would each be beneficial to use. " - Answers :"The LPTA process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. LPTAs may be used in situations where the Government would not realize any value from a proposal exceeding the Government's minimum technical or performance requirements, often for acquisitions of commercial or non-complex services or supplies which are clearly defined and expected to be low risk. The LPTA process does not permit tradeoffs between price and non- price factors. See FAR 15.101-2. • Tradeoff Source Selection Process (see FAR 15.101-1). This process allows for a tradeoff between non-cost factors and cost/price and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best-value contract award. Further, it describes various rating approaches to evaluating proposals when using a tradeoff process. The application of this process, as well as general source selection principles, is discussed in the body of this document." "Define bundling and consolidation and explain their differences. " - Answers :" "Bundling," as defined in the FAR, is the term used to describe the act of combing two or more existing requirements into a single solicitation when one of the requirements was or could have been performed by a small business and the solicitation will be unsuitable for award to a small business and the work will be performed in the United States. "Consolidation" is the term used in the contract arena to describe the act of combining two or more existing requirements into a single solicitation. As recently defined in statute, for a consolidation to exist, a proposed services acquisition must be combining two or more requirements that were previously provided or performed under separate contracts. For construction, consolidation exists if two or more discrete sites are involved. Although small business participation is not a factor in determining whether a proposed strategy is a contract consolidation, small business participation is the primary factor in determining whether an acquisition is bundled. A bundled requirement is a consolidation that displaces one or more small businesses. In the most general terms, for DoD, a consolidation is the combining of two or more previous contracts into a single solicitation, and a bundled contract is a consolidation that is unsuitable for award to a small business as a prime contractor even though one or more
provided, some benefit is gained from the research accomplished to date. For Fixed Price contracts, incremental funding can only be used if: (see DFAR 232.702 Policy.. Fixed-price contracts shall be fully funded except as permitted by 232.703-1) (1) A fixed-price contract may be incrementally funded only if—(i) The contract (excluding any options) or any exercised option— (A) Is for severable services; (B) Does not exceed one year in length; and (C) Is incrementally funded using funds available (unexpired) as of the date the funds are obligated; or (ii) The contract uses funds available from multiple (two or more) fiscal years and— (A) The contract is funded with research and development appropriations; or (B) Congress has otherwise authorized incremental funding. The Limitation of Funds Clause (FAR 52.232- 22 - for Cost Reimbursement contracts) or the Limitation of Government Obligation clause (DFARS 252.232-7007 for Fixed Price contracts) caution the contractor that he is not obligated to incur costs, nor is the Government obligated to pay in excess of the amount allotted. Incremental funding is obligated to cover the amount allotted and any corresponding increment of fee." You are the Contracting Officer in Source Selection and dutifully following the FAR and DFARS, etc. on a particular issue. However, your higher leadership is now giving you "direction" which you believe is contrary to your legal guidance. What do you do? Do you comply with the legal guidance or the higher direction of leadership? - Answers : Once you determine the legal parameters, if there is still a conflict, discuss it with your supervisor, and possibly others in the chain of command in resolving the issue with higher leadership. The point is you do not have to "go it alone". Worst case scenario, if all this fails, remember that it is your warrant on the line. It is your obligation to ensure the integrity of the procurement system, and if that means that you won't sign off on something, then that may be the answer. On 3 Sep XX the PCO awarded a contract for computer purchases using FYXX O&M funds. The computers were to be delivered upon completion of a new building expected sometime early in CY 09, but the contractor could have delivered the computers almost immediately upon contract award. Are there any fiscal issues here? - Answers :"Authority: 31 USC 1502(a) "Bona Fide Needs Rule" Yes. O&M funds are for one year. You cannot cross FYs unless there is an exception. This could be considered a violation of the bona fide need rule. The lead-time exception does not apply since the delivery delay is based on the government's request and not the reality of when the contractor could actually deliver the computers." A small business submitted a proposal for a requirement and is the apparent awardee, but you cannot determine them to be responsible, what do you do? - Answers :"FAR: 19.602- 1 -- Referral (1) Withhold contract award (see 19.602-3); and (2) Refer the matter to the cognizant SBA Government Contracting Area Office (Area Office) serving the area in which the headquarters of the offeror is located, in accordance with agency procedures, except that referral is not necessary if the small business concern -- (i) Is determined to be unqualified and ineligible because it does not meet the standard in 9.104-1(g); provided, that the determination is approved by the chief of the contracting office; or (ii) Is suspended or debarred under Executive Order 11246 or Subpart 9.4."
You are the PCO of a requirement and the PDT is having a difficult time developing a PWS that they believe contractors will be able to easily propose to. What options can you provide to the PDT to help finalizing the PWS? - Answers :"Issue draft PWS on FBO for contractor comment. Additionally the entire draft solicitation could be developed/issued for contractor comment prior to finalizing. Issue a Statement of Objectives in lieu of a PWS and have the contractors propose a PWS. Another option is to develop a PWS thru a SAW." What is a CICA Stay? When would you request an override to a CICA Stay? - Answers : What is the Berry Amendment and when does it apply? - Answers :The Berry Amendment limits the use of funding appropriated or otherwise made available to DoD from being used to buy certain end items, components, or materials unless they are wholly of US origin or, in some circumstances, sourced from a qualifying country. End items include: Articles of clothing, Fibers, Yarns, Fabrics, Stainless Steel flatware, Hand measuring tools, Specialty Metals "On 3 Sep 12 the Procuring Contracting Officer (PCO) awarded a contract for computer purchases using FY12 OMA funds. The computers were to be delivered upon completion of a new building expected sometime early in CY 13, but the contractor could have delivered the computers almost immediately upon contract award. Are there any fiscal issues here? " - Answers :"Yes. OMA funds are current for one year. You cannot cross FYs unless there is an exception. This could be considered a violation of the bona fide need rule as the computers were for next year's requirement. The lead- time exception does not apply since the delivery delay is based on the government's request and not the reality of when the contractor could actually deliver the computers. " The COR has noticed that the contractor may be acquiring "Contractor Acquired Property" (CAP) that was authorized for purchase in the contract. The contractor reportedly told the COR that they were not tracking the purchase or the location, etc., of the property because they (contractor) purchased it, not the Government. What would you do in this instance? - Answers :Would have to review the contract to determine what type of contract it is, ie: FFP or cost. In accordance with the FAR, typically the Government has title to the contractor acquired property, but it depends on contract type and what is in the contract. See below for the different scenarios based on contract type. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. Under fixed - price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the contractor retains title to all property acquired by the contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property. Under cost type and time-and-material contracts, the Government acquires title to all property to which
and assessing the effect of other policy and management initiatives (e.g., performance based acquisitions and competition). You are reviewing a performance assessment in CPARS as a Assessing Officer. What are you looking for and why is it important? - Answers :(1) Ensure contract data is complete and correct (Interim/Final CPARS, contiguous performance dates, program title and contract description, etc.); Meaningful narrative for each assessed area; Specific events are called out for ratings other than Satisfactory and narrative supports the rating; Small Business narrative reflects CPARS policy for SB assessment (addresses SB goals, eSRS reporting, etc.); Assessments are objective and verifiable, not subjective. (2) Report data is used by other PCOs in evaluating past performance. Incomplete, inaccurate or insufficient CPARs may fail to provide necessary information with respect to relevance & contractor performance. Contractors may challenge unsubstantiated feedback. What are some of the benefits of competition? What Government inadequacies or mistakes in the specifications/PWS could cause a lack of competition? - Answers :Benefits: Better price, innovative solutions, more choices, allows strengths and weaknesses of vendors to be identified, allows us to spread the wealth. Inadequacies: Poorly defined requirement, too restrictive specifications (i.e. brand name), proprietary technology, lack of market research, customer loyalty (i.e., RA happy with current contractor). When acquiring commercial items, what contract type(s) are normally used? What type(s) are prohibited? - Answers :FAR 12.207: FFP, FFP w/EPA and TM/LH are acceptable. Any type of cost contracts or CLINs are prohibited. What determines a "personal" vs. "non-personal" services contract? - Answers :Personal: Appearance of employer/employee relationship between Government and contractor. Requires HCA approval. Only authorized by law. Non-personal: Consumer/provider relationship. Contractor directs his employees Explain the legal effect of quotations and how a contractor indicates acceptance of a purchase order? - Answers :A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. Supplier may indicate its acceptance of an order by notification to the Government, preferably in writing. Supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. What is the difference between obligation and commitment of funds? - Answers :Obligation - Act legally binding the Government to make payment (liability resulting from a contractual action i.e., supplemental agreement). Commitment - Setting aside
funds in response to a purchase requisition which remain committed until the goods or services are procured, thereby obligating the funds. Define what it means for a contractor to be Responsible. - Answers :Responsible: A prospective contractor must: Have adequate financial resources to perform the contract or the ability to obtain them; Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; Have a satisfactory performance record; Have a satisfactory record of integrity and business ethics; Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them; Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; Be otherwise qualified and eligible to receive an award under applicable laws and regulations. In other words, capable of performing the work as required. Under FAR 12.603, when a written solicitation will be issued, the contracting officer may use what procedure to reduce the time required to solicit and award contracts for the acquisition of commercial items? - Answers :Combined synopsis/solicitation procedure combines the synopsis required by 5.203 and the issuance of the solicitation into a single document. When using the combined synopsis/solicitation procedure, the SF 1449 is not used for issuing the solicitation. Synopsis prepared as described at 5.207. How does a contractor indicate acceptance of a purchase order? - Answers :Notification to the Gov't, preferably in writing, or Furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. If a contractor is included on the List of Parties Excluded from Federal Procurement and Non-procurement Programs, what are the rules on continuation of current contracts with the contractor? - Answers :FAR 9.405-1 Continuation of current contracts. (a) Notwithstanding the debarment, suspension, or proposed debarment of a contractor, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed for debarment unless the agency head directs otherwise. A decision as to the type of termination action, if any, to be taken should be made only after review by agency contracting and technical personnel and by counsel to ensure the propriety of the proposed action. (b) For contractors debarred, suspended, or proposed for debarment, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not— (1) Place orders exceeding the guaranteed minimum under indefinite quantity contracts; (2) Place orders under Federal Supply Schedule contracts, blanket purchase agreements, or basic ordering agreements; or (3) Add new work, exercise options, or otherwise extend the duration of current contracts or orders. What determinations must be made by the contacting officer prior to exercise of an option? - Answers :Funds are available, the requirement is still valid, it is the most advantageous method of fulfilling the requirement, the option was synopsized unless
