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CORB QUESTIONS AND ANSWERS
What is the difference between cost analysis and price analysis? (1 of 2) - Answers :1. Price analysis involves overall evaluation of total price and is required for all acquisitions. What is the difference between cost analysis and price analysis? (2 of 2) - Answers :2. Cost analysis involves an evaluation of each cost element to include profit or fee. What are the two preferred price analysis techniques to find fair and reasonable price? - Answers :1. Comparison of proposed prices received within a competitive solicitation.
- Comparison of proposed prices to historical prices paid for the same or similar items. Explain the difference between bundling and consolidation. - Answers :1. Consolidation is the combing of two (2) or more contracts into a single solicitation.
- Bundling is a consolidation that is unsuitable for award to a small business as a prime contractor even though one (1) or more of the previous contracts was performed (or could have been performed) by a small business. What is a concern of bundling and consolidation? - Answers :1. Effects on small business participation.
- Effects on competition. What are some advantages of bundling and consolidation? - Answers :1. May provide a cost savings or price reduction.
- Improvement of quality (same vendor)
- Reduction of acquisition cycle times.
- Better terms and conditions. A focus area of Better Buying Power is to "promote competition". Explain your role as a PCO in fulling this focus area. - Answers :1. Play an active role in the PDT and champion benefits of competition to obtain lower prices (through market research).
- Develop tools such as MATOCs.
- Evaluate options before exercising to ensure pricing is still fair reasonable.
- Limit IDCs to 3 years or less. When the Contracting Officer reviews the IGE - name some of the items that the IGE must contain as outlined in the AFARS and USACE Acquisition Instruction (UAI)? - Answers :The Contracting Officer shall ensure, prior to accepting an IGE; that:
- IGE contains enough detail to verify the validity of the offerors proposals;
- IGE provides sufficient narrative and analytical detail, to include reference material, to support its preparation;
- Certification that the IGE was developed independently;
- Must be signed by the preparer and their immediate supervisor.
What are performance-based payments (PBP)? - Answers :Performance-based Payments are the preferred contract financing method; if and/or when, the PCO and the contractor were able to agree on PBP terms. PBP terms are made for performance measured by quantifiable methods or accomplishment of defined events; they are not payments for accepting items. When are performance-based payments applicable? - Answers :Performance-based Payments are applicable to negotiated fixed-priced contracts not for commercial items. Applicable only to definitized contracts, and not available for use with any other method of contract financing. Both contractor and Government must agree on use of PBP and payment terms. Identify the five (5) exceptions for the requirement for Certified Cost or Pricing data on contracts and modifications expected to exceed the current threshold of $2M. - Answers :1. Prices agreed upon are based on adequate price competition;
- Prices agreed upon are based on prices set by law or regulation;
- When a commercial item is being acquired;
- When a waiver has been granted; or,
- When modifying a contract or subcontract for commercial items Name seven (7) listed standards to determine a prospective contractor responsible. - Answers :1. Have adequate financial resources to perform the contractor, or the ability to obtain them;
- Be able to comply with the required or proposed delivery or performance schedule;
- 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. List seven (7) circumstances permitting other than full and open competition. - Answers :1. Only one responsible source and no other supplies or services will satisfy Agency requirement;
- Unusual and compelling urgency;
- Industrial mobilization; Engineering, Development, or Research capability; or Expert services;
- International agreement;
- Authorized or required by statute;
- National security; and,
- Public interest. What are severable services? Provide an example. - Answers :Severable services are continuing and recurring in nature and can be separated into components that
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 faith A continuing bona fide need exists The replacement contract is of the same size and scope as the original contract The replacement contract is awarded without undue delay after the original contract is terminated for default The replacement contract is awarded to a different contractor 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 the contractor is entitled to reimbursement. If it is FFP and there was no deliverable, it may not matter that they are not tracking it for our purposes because we don't have title to it, however we paid for it, so there should be some record of it for invoicing purposes. Otherwise, if it is cost, we should have the rights. Would probably also set up a telecom with the customer, COR, legal, and the contracts to discuss and would follow up with a PCO letter to advise them that it is their responsibility to track the equipment, etc. Describe the difference between an OTA vs. a FAR based contract. - Answers :Other Transaction Authority (OTA) Contract is used for DoD or military services that need access to research and development projects or prototypes from commercial sources but require more flexibility than the traditional government acquisition process allows. OTAs can take many forms, most are used to build systems prototypes outside the
Federal Acquistion Regulations. They are especially ideal for creating and promoting new technologies from nontraditional sources. FAR based contracts are using Federal Acquisition Regulations and DFAR supplements as a procurement mechanism to purchase property of services for its use. These are governed by strict terms and conditions. Explain what strategic sourcing is. Are you aware of any strategic sources? How is this related to recent policy to conduct and submit a Business Case Analysis (BCA) for review and approval? What dollar thresholds apply to this requirement? - Answers :The collaborative and structured process of critically analyzing an organization's spending and using this information to make business decisions about acquiring commodities and services more effectively and efficiently. In order to develop strategic sourcing, there has to be a Business Case Analysis to see what the benefit of strategic sourcing is. Example of strategic sources are GSA, CHESS, OASIS. You receive a pricing report (inclusive of the technical evaluation) for a government recommended position on direct labor costs which reflects an amount that is significantly lower than the proposed amount. What might you rely upon in the development of your objective position and/or what you might seek during negotiations to support a movement towards an objective position? - Answers :Wage Determination, industry standards in the area, union agreement, and experience level available in the area What is the role the contracting officer in a formal source selection environment as it relates to the SSEB, Source Selection Advisory Council (SSAC), and Source Selection Authority (SSA)? Include a discussion of the primary activities and acquisition documents that the contracting officer is responsible for. - Answers :1. The contracting officer will manage all business aspects of the acquisition and work with the SSEB Chair to ensure the evaluation is conducted in accordance with the evaluation criteria specified in the solicitation. The contracting officer will advise and assist the SSA and SSAC Chair in the execution of their responsibilities. (DoD SSG)
- The contracting officer will serve as the focal point for inquiries from offerors and control exchanges with offerors as well as award the contract. The contracting officer will also ensure the safeguard of source selection information and approve access to source selection information.
- The contracting officer is responsible for maintaining the documents and source selection evaluation records, to include:
- the Source Selection Plan,
- Nondisclosure documents,
- the request for proposal,
- competitive range decision document,
- evaluation notices,
- the SSEB initial and final reports,
- the SSAC report which includes
- the comparative analysis,
- the source selection decision document,
What is the protest decision time period for GAO? - Answers :GAO issues its recommendation on a protest within 100 days from the date of filing of the protest with the GAO, or within 65 days under the express option Does the Govt incur interests on claims? Explain - Answers :33.208 Interest on claims.(a) The Government shall pay interest on a contractor's claim on the amount found due and unpaid from the date that-(1) The contracting officer receives the claim (certified if required by 33.207(a)); or(2) Payment otherwise would be due, if that date is later, until the date of payment.(b) Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Disputes statute, which is applicable to the period during which the contracting officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (See the clause at 52.232-17 for the right of the Government to collect interest on its claims against a contractor.)(c) With regard to claims having defective certifications, interest shall be paid from either the date that the contracting officer initially receives the claim or October 29,1992, whichever is later. However, if a contractor has provided a proper certificate prior to October 29,1992, after submission of a defective certificate, interest shall be paid from the date of receipt by the Government of a proper certificate. A KO is notified that a protest has been filed with GAO, what steps shall the KO and agency take in response to the protest? - Answers :Immediately after receiving notice of the protest from GAO, the agency must give notice of the protest to the awardee if an award has been made; if no award has been made, the agency must notify all bidders or offerors that have a substantial chance of receiving an award. Upon notice that a protest has been filed with the GAO, the contracting officer shall immediately begin compiling the information necessary for a report to the GAO. The agency shall submit a complete report to the GAO within 30 days after the GAO notifies the agency. Seek Legal assistance. What are the differences between apparent, implied and express authority? - Answers :Apparent authority - Not implied or expressed, UACs Express- Warrant Implied- Position to make decisions for US Government As the Contracting Officer on a source selection you recently sent out the notice to unsuccessful offerors and have received several requests for debriefings. Some of the requests are for pre-award debriefs and some are for post award debriefs. What are the things you may/may not tell the offerors in the debriefings? - Answers :Preaward debriefings shall include- (1) evaluation of significant elements in the offeror's proposal;(2) A summary of the rationale for eliminating the offeror from the competition; and (3) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition.
Preaward debriefings shall not disclose- (1) The number of offerors; (2) The identity of other offerors; (3) The content of other offerors' proposals; (4) The ranking of other offerors; (5) The evaluation of other offerors; or (6) Any of the information prohibited in 15.506(e). Post Award debriefing information shall include- (1) significant weaknesses or deficiencies in the offeror's proposal (2) The overall evaluated cost or price (including unit prices) and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror; (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection; (4) A summary of the rationale for award; (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror; and (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed. Don't Disclose (1) Trade secrets; (2) Privileged or confidential manufacturing processes and techniques; (3) Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and (4) The names of individuals providing reference i What additional liabilities does the contractor incur when a fixed-price contract is terminated for default (in lieu of a termination for convenience)? - Answers :The Government is entitled to obtain various forms of damages from the contractor as relief, and may also charge the contractor whatever additional costs result from reprocuring the supply or service. You receive a letter from a contractor requesting a no cost time extension. The contractor states that he is behind schedule due to his subcontractor's slow progress. The requiring activity concurs with the request for the extension and recommends that it be processed as an "Excusable Delay". He says it is an "Excusable Delay" because the delay is not the fault of the prime contractor. How would you respond? - Answers :▪ A subcontractor's slow progress is not an excusable delay.▪ "Excusable Delay" is defined as something beyond the reasonable control of the contractor, and without its fault or negligence, such as, acts of God or the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.▪ Response to contractor: An extension may be granted; however, not because of a subcontractor's slow progress.
