CORB QUESTIONS REVIEW, Exams of Social Sciences

CORB QUESTIONS REVIEW QUESTIONS

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CORB QUESTIONS REVIEW
9. You have a $250,000 Performance Based Service Acquisition for janitorial services.
What characteristics have to be included for it to be considered performance based? -
Answers :To be considered performance-based, an acquisition should contain, at a
minimum, the following elements:
1. Performance Work Statement (PWS) - Describe requirements in terms of measurable
outcomes rather than by means of prescriptive methods. (Required results rather than
either "how" the work is to be accomplished)
2. Measurable Performance Standards - To determine whether performance outcomes
have been met, defines what acceptable performance is (i.e., in terms of quality,
timeliness, quantity, etc.) and the method of assessing contractor performance against
performance standards
3. Performance incentives/disincentives - Addressed how to manage performance that
does not meet (or exceed) performance standards. While not mandatory, incentives
should be used, where appropriate, to encourage performance that will exceed
performance standards. Incentives can be both monetary and non-monetary.
4. QASP / Performance Assessment Plan - Describes how the government will assess
contractor performance against the performance standards contained in the PWS.
What are "Personal Services"? - Answers :Per FAR 37.104 Personal services contracts
are characterized by the employer-employee relationship created between the
Government and the contractor's personnel.
Obtaining personal services by contract, rather than by direct civilian or military hire,
circumvents the personnel laws and is subject to stringent limitations.
What are "Non-Personal Services"? - Answers :A non-personal services contract is a
contract under which the personnel providing the services are not subject to the
supervision and control usually prevailing in relationships between the government and
its employees. The company, not the individual, is hired to perform.
11. What's the difference between Personal and Non-Personal Services? - Answers
:The difference between government employees and contractor personnel is control.
Under a non-personal services contract, a contractor - not the government customer -
directs its employees and dictates its employees' compensation, benefits and rewards.
"Control" is the means and manner of a worker's performance, extent of supervision and
direction, type of work and skills required, and compensation.
What is Performance Based Contracting? - Answers :Performance Based Contracting is
a results-oriented contracting method that focuses on the outputs, quality, or outcomes
that may tie at least a portion of a contractor's payment, contract extensions, or contract
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CORB QUESTIONS REVIEW

  1. You have a $250,000 Performance Based Service Acquisition for janitorial services. What characteristics have to be included for it to be considered performance based? - Answers :To be considered performance-based, an acquisition should contain, at a minimum, the following elements:
  2. Performance Work Statement (PWS) - Describe requirements in terms of measurable outcomes rather than by means of prescriptive methods. (Required results rather than either "how" the work is to be accomplished)
  3. Measurable Performance Standards - To determine whether performance outcomes have been met, defines what acceptable performance is (i.e., in terms of quality, timeliness, quantity, etc.) and the method of assessing contractor performance against performance standards
  4. Performance incentives/disincentives - Addressed how to manage performance that does not meet (or exceed) performance standards. While not mandatory, incentives should be used, where appropriate, to encourage performance that will exceed performance standards. Incentives can be both monetary and non-monetary.
  5. QASP / Performance Assessment Plan - Describes how the government will assess contractor performance against the performance standards contained in the PWS. What are "Personal Services"? - Answers :Per FAR 37.104 Personal services contracts are characterized by the employer-employee relationship created between the Government and the contractor's personnel. Obtaining personal services by contract, rather than by direct civilian or military hire, circumvents the personnel laws and is subject to stringent limitations. What are "Non-Personal Services"? - Answers :A non-personal services contract is a contract under which the personnel providing the services are not subject to the supervision and control usually prevailing in relationships between the government and its employees. The company, not the individual, is hired to perform.
  6. What's the difference between Personal and Non-Personal Services? - Answers :The difference between government employees and contractor personnel is control. Under a non-personal services contract, a contractor - not the government customer - directs its employees and dictates its employees' compensation, benefits and rewards. "Control" is the means and manner of a worker's performance, extent of supervision and direction, type of work and skills required, and compensation. What is Performance Based Contracting? - Answers :Performance Based Contracting is a results-oriented contracting method that focuses on the outputs, quality, or outcomes that may tie at least a portion of a contractor's payment, contract extensions, or contract

renewals to the achievement of specific, measurable performance standards and requirements.

  1. Contractor ABC has 5 contracts, all part of a high-visibility Air Force program. The Air Force Program Manager contacts you and states he is concerned ABC will overrun this program as they don't appear to be making progress, but costs are accelerating. What would you do as the ACO? - Answers :As an ACO I would accomplish the following:
  2. Discuss situation with the Contractor to find out if there is any pending issues / status.
  3. Payment Review with PI and EVMS Specialist. Potential payment withhold of fee based on cost estimate at completion (CPIF type contract).
  4. Verify Business Systems Status (i.e. Estimating system, Accounting, etc.)
  5. Investigate with the IS to find out the physical progress is and what obstacles are preventing progress. Find out if Delay Notice (DN) has been issued and what the latest Revised Delivery Forecast (RDF) is.
  6. If EVMS is applicable, check with Engineering on current status of Schedule Performance Index (SPI), Cost Performance Index (CPI), and To Complete Price Index (TCPI).
  7. The contract administration office may at any time initiate a report to advise the contracting officer (and the inventory manager, if one is designated in the contract) of any potential or actual delay in performance. This advice shall -- (1) Be in writing; (2) Be provided in sufficient time for the contracting officer to take necessary action; and (3) Provide a definite recommendation, if action is appropriate.
  8. Contact PCO to ensure that they are aware of the situation and find out if any modifications / changes to the contract are in progress. Will there be Consideration or equitable price reduction. If authorized by PCO, issue show cause notice or cure notice.
  9. Review MOCAS disbursement history and determine what the historical burn-rate has been, and estimate how long the current funding will last at the current burn-rate.
  10. Reduce/suspend Progress Payments if applicable?
  11. Above all, protect the Government's interest.

The administrative functions that are normally delegated to an ACO are listed in FAR 42.302. There are 81 of them, three (3) of which are reserved specifically for the ACO. 1.Negotiating forward pricing rate agreements 2.Establishing final indirect cost rates and billing rates 3.Anything dealing with Cost Accounting Standards (CAS) The ACO assist in the evaluation of subcontracting plans, and for monitoring, evaluating, and documenting contractor performance. Additionally, the ACO work closely and serves as a mentor to Contract Specialist assigned to his or her team. This concludes my answer.

  1. What are the characteristics of a contract line item (CLIN)? - Answers :A CLIN has the following characteristics: a. Separately identifiable b. Separate Delivery Schedule c. Single Unit Price d. One fund citation e. Defined Inspection and Acceptance locations and requirements
  2. Explain what an Informational Subline item is. Explain what a Separately Identified Subline Item is. - Answers :PGI 204.
  • Informational Subline item - Relates directly to the CLIN because the Info SLIN does not have deliverables (i.e. Funding SLINs 000101, 000102)
  • Separately Identified Subline Item - Does not apply to the CLIN, because the CLIN does not have a deliverable. The rule applies to the SLIN (i.e. 0001AA, 0001AB)
  1. Discuss changes clause. - Answers :The Changes Clause is the cornerstone of the Government's ability to modify a contract for non-commercial items. This clause allows the Government to unilaterally make changes in the contract without requiring the contractor's concurrence. Commonly used Changes clauses are: 52.243- 1 -- Changes -- Fixed-Price. 52.243- 2 -- Changes -- Cost-Reimbursement 52.243- 3 -- Changes -- Time-and-Materials or Labor-Hours 52.243- 4 -- Changes 52.243- 5 -- Changes and Changed Conditions
  • Permits the PCO to make unilateral changes, in designated areas, within the general scope of work of the contract.
  • Change orders can only be issued by an ACO when delegated by the PCO.
  • Changes are accomplished by issuing a modification (SF30) to the contract (e.g. Drawings, Designs, Specifications, Method of Shipment, Place of Delivery).
  • Contractor must assert its right to equitable adjustment within 30 days of receipt of a written change order.
  • Unpriced change orders must contain definitization schedules that provide for definitization by the earlier of - 180 days after issuance of change order; or the date which the amount of obligated funds under the change order is >= 50% of the not-to- exceed price.
  1. When contracts involve Over and Above work procedures, what specialized controls will the ACO team need to initiate? - Answers :In accordance with DFARS 252.217- 7028, for Over and Above Work, the ACO and contractor shall negotiate (mutually agree) specific procedures for Government administration and contractor performance of over and above work requests." and "To the maximum extent practical, negotiate over and above work prior to performance of the work." If the parties cannot agree upon the procedures, the ACO has the unilateral right to direct the over and above work procedures to be followed. The ACO is responsible for negotiating and establishing O&A procedures. These procedures shall, as a minimum, cover:
  • The format, content, and submission of work requests by the Contractor.
  • Government review, verification, and authorization of the work; and
  • Proposal pricing, submission, negotiation, and definitization. The ACO shall authorize the contractor to proceed and execute a contract modifications to definitize all over and above work. The ACO may issue a blanket work request authorization describing the manner in which individual over and above work requests will be administered and setting forth a dollar limitation for all over and above work under the contract. The blanket work request authorization may be in the form of a letter or contract modification (Standard Form 30).
  1. What is an ODO contract? - Answers :In accordance with DCMA INST 118, an ODC contract is a contract where the PCO delegates to DCMA admin but requires payment admin to be performed by other than DFAS HQ0337/HQ0338/HQ0339. CMOs shall perform all contract admin functions under FAR 42.302 except for payment admin and certain aspects of closeout related to funds reconciliation. 59 & 67. Under what circumstances would you consider having a postaward orientation conference? - Answers :As an ACO you would schedule a postaward orientation conference if the following exist:
  • Nature and extent of the pre-award survey and any other prior discussions with the contractor
  • Type, value, and complexity of the contract
  • Complexity and acquisition history of the product or service
  • Review monthly canceling funds report provided by the CMO Technical Specialist.
  • Goal is to save 90% of the funds due to cancel within the fiscal year. Burn-down plan is tracked monthly and corrective action plans are required if not meeting burn-down objectives
  1. Contractor ABC has a substantial amount of Government contracts. They are acquired by XYZ Corporation. Explain the requirements for a Novation Agreement in this context. - Answers :In accordance with DCMA-INST 132, the requirements for a Novation Agreement are:
  2. Contractor must submit 3 signed copies of a written request to the contracting officer: a. Describing the proposed transaction b. List of affected contracts as of the date of the sale, including contract number and type of contract; buying activity; total contract value; remaining ULO. c. Evidence of the transferee's capability to perform d. Any other relevant information requested by the contracting officer.
  3. Contractor submits the following documents as they become available: a. Copy of instrument of transfer (bill of sale, court agreement, deed, merger) b. Certified copy of board of director's resolution of transfer of assets c. Certified copy of stock holder meeting minutes approving the transfer d. Authenticated copy of transferee's articles of incorporation, if formed e. Opinion of legal counsel for transferor and transferee stating transfer was properly effected under applicable law f. Independently audited balance sheets of both parties before and after transfer g. Evidence that any security clearance requirements have been met h. Consent of sureties on all contracts if bonds are required, or statement that none required.
  4. ACO shall notify the following offices upon receipt of request for Novation and give 30 days for comments/objections: a. Legal counsel b. Other affected CMO's and Contracting Offices c. Military Departments and NASA d. ACO determines adequacy of contractor submitted documents and requests corrective action if required. e. ACO reviews request to determine if in the Government's best interest, considering legal sufficiency and transferees ability to perform. f. ACO drafts an ARZ modification (block mod) in MDO and sends to the FIRM g. FIRM posts the modification along with the novation agreement on beh
  5. What is a constructive change and talk about what an ACO should do to help prevent a constructive change from happening? - Answers :A Constructive change are

statements, acts, or inaction by employees who are not authorized to make contractual changes. A constructive change is an oral or written act or failure to act by the Government official (in position of authority) that is construed by the contractor as having the same effect as a written change order. ACO can:

  1. Educate the contractor and DCMA Functional Specialists regarding the proper notification and handling of changes
  2. Notify the PCO of any potential contractual issues that may require clarification
  3. Assist the PCO in pre-award planning (i.e. contract financing event schedules)
  4. Conduct PAOC
  5. Explain privity of contract as it relates to prime and subcontracts? - Answers :Privity of contract is limited to the direct parties involved in the contract (i.e. Government and Prime Contractor OR Prime Contractor and Subcontractor). The Government has no privity of contract with a Prime contractor's subcontractors.
  6. What is a Cost Accounting Standards Board Disclosure Statement and how is it used in post award contract management? - Answers :DCMA INST 108 & FAR 30 - 31 + Appendix:
  • A Disclosure Statement (DS) is a written description of a contractor's cost accounting practices and procedures; methods contractor intends to follow for distinguishing direct costs from indirect costs and the basis for estimating, accumulating, and reporting costs associated with CAS-covered contracts.
  • A DS is required when...(See matrix).
  • The initial DS is reviewed by DCAA for adequacy and compliance. Subsequent revisions are reviewed by DCMA (ACO/DACO/CACO).
  • In post award contract management, during CRR the ACO shall ensure the applicable CAS clauses are included in KT. The CASBDS helps initially to ensure consist and uniform cost estimate procedures that are followed throughout the entire contract life cycle by the prime and subcontractors.
  • 3 types of changes (Required, Desirable, Unilateral). Contractor shall submit in writing a description of the change a minimum of 60 days before implementation. Required Change - need to comply with new or modified standards issued by CASB, ACO will negotiate equitable adjustments for any material cost impact on existing CAS- covered contracts Desirable Change - Contractor makes unilateral changes but ACO determines it is desirable, ACO will negotiate equitable adjustments on existing CAS-covered contracts Unilateral Change - ACO determines undesirable, Government will not pay increased cost
  1. Explain the differences in full and modified CAS coverage. - Answers :DCMA INST 108 (See CAS List of Standards and CAS Matrix) Full - Single CAS-covered contract award of $50M or more, or received $50M or more in net CAS-covered awards in most recent cost accounting period. All 19 CAS standards apply. CAS Disclosure Statement required.

d. Determine and document an action plan in a pre-negotiation objective memo (PNOM) or memo for record (MFR) - PNOM should address each Audit finding individually e. Continuously enter/update remarks of actions taken into CAFU and milestones f. Obtain Management Review of PNOM and Notice of Potential Noncompliance OR Initial Determination (if no noncompliance) g. Update Status in CAFU from Assigned > Planned > Resolved when "Actual Resolution Date" is entered. Update remarks as applicable. DISPOSITION: Dispositioned when ACO publishes Final Determination a. Time Frame - Disposition within 12 months of audit report issuance date b. Consult with legal if needed c. Implement plan, negotiate if necessary c. Document Decision - PNM, COFD, MFR d. Obtain Management Review (Board of Review if applicable) e. Questioned costs either approved or penalty amounts entered in CAFU f. "Actual Disposition Date" entered, and Remarks updated as necessary g. Advise DCAA of determination h. "Forward Date" entered (date of Disposition)

  1. You have a recent DCAA report on an audit of contractor ABC's accounting system. DCAA outlines 7 significant deficiencies. You do not agree with the conclusions drawn in the DCAA audit. (1.)What would you do? (2.) Also, You agree with DCAA that the deficiencies are significant; what action would you take? Also, within 25 days, contractor ABC responds to your Initial Determination. They provide a comprehensive Corrective Action Plan with root cause analysis, and detailed milestones for resolving the significant deficiencies. They project all will be well in 8 months. You get an email from DCAA stating the plan looks great, and if implemented will correct the deficiencies. (3.)What action would you take? (4.) Finally, you issue a Final Determination to disapprove the contractor's system and you need to pinpoint a group of contracts to implement withholds against - what should you look for? - Answers :As an ACO, I would do the following:
  2. Review all findings and if ACO disagrees with conclusions, discuss findings with auditor. ACO will notify DCAA in writing that he disagrees with findings along with rationale, draft an Initial Determination or COFD as applicable and request a HQ Board of Review (BoR).
  3. If agree with DCAA regarding deficiencies a. Review audit report and draft Initial Determination letter within 10 days of receipt of the audit report. b. Obtain CMO Contracts Director approval. c. Attach Draft Level III or IV CAR to the Initial Determination letter (DO NOT request a CAP) and send to contractor.

d. Request contractor provide response within 30 days. e. Update CAFU. f. ACO evaluates contractor response with auditor. g. Draft final determination within 30 days of receipt of response from contractor (include: disapproved system, notice of withhold 5% per system 10% max (2% if acceptable early CAP), list of affected contracts, CAP request, contractor 45 day suspense date to submit CAP). h. Obtain CMO Contracts Director approval of Contracting Officers Final Determination i. Request HQ CBS Panel review j. ACO sends final determination letter with CAR to contractor, implement withholds k. Update business system status in CBAR and CAFU l. Verify implementation of CAP and if acceptable start approval process

  1. See 2 - Reduce withhold to 2% with written notice to contractor.
  2. Contracts over $50 million which include the relevant clauses. DFARS 252.242- 7005 and applicable business system clause (Accounting, EVMS, Estimating, MMAS, Property, Purchasing).
  3. You have a 4 year old DCAA audit report on contractor XYZ's accounting system. In response to DCAA's out-brief at the conclusion of the review, XYZ submitted a CAP to the ACO assigned at that time. The ACO since retired, and you can find no evidence of activity past the CAP submission. XYZ is coded in CBAR as 'Not Evaluated". What action should you take? - Answers :As an ACO I would review DCMA-INST 131 para 4.1 and complete the following actions. a. Review legacy report with functional specialist/auditor and determine whether the findings indicate there are any significant deficiencies. b. If no significant deficiencies follow business systems approval process. (final determination, CMO Contracts Director approval, send to contractor, update CBAR). c. If significant findings or undetermined consider the following before requesting a follow-up audit:
    1. Age of legacy report
    2. Information available since last report
    3. Whether contractor submitted adequate CAP
    4. Was CAP reviewed for implementation
    5. Does auditor/functional specialist have any indication deficiencies still exist?
  4. Contractor reorganized, been acquired/sold such that legacy report does not reflect company's current organization. d. If review of risks warrants it. request follow-up review by auditor/functional specialist. e. Once follow-up report/audit received, proceed with process for approval or disapproval of business system. Update CBAR.
  5. What is a DCAA Form 1 and when is it used? Also, What is the ACO' responsibility relative to Form 1? - Answers :The DCAA Form 1 "Notice of Contract Costs Suspended

(2.)What, if anything would you do? Also, Same scenario, and on some of the contracts the ULO is equal to the obligated amount, ie: 100% of the obligated dollars are unliquidated. (3.) What would you do, if anything? - Answers :I would depends. Negative PP ULO means that the contractor received some form of contract financing. Therefore, if the contractor has not invoiced yet for shipments made then the Work in Progress (WIP) would not be liquidated yet. Payments could be pending.

  1. Check iRAPT and MOCAS. If however, the contractor has completed invoicing and DFAS did not recoup the outstanding WIP, then a 1797 would need to be sent to DFAS Recon for contract reconciliation.
  2. Check iRAPT and MOCAS to see if contractor has submitted invoices. Check to see if DFAS has rejected any invoices and determine why (i.e. bad LOA; wrong ACRN; wrong CLIN; etc.). May need a 1797 to DFAS if unable to determine cause. Verify obligation and ACRNs.
  3. You completed negotiation and settlement of Contractor ABC's overhead rates for 2011 in January of 2012. It is now January of 2013, and the contractor has not submitted final vouchers for 4 cost-type contracts completed in 2011. What would you do? - Answers :As the ACO, I would: a. Contact the contractor and notify them that they have 120 days after settlement of final indirect rates for all years of performance to submit their final voucher. b. The ACO can authorize an extension under extenuating circumstances (i.e. subcontracts closeout, outstanding claims, Government Property closeout; contract reconciliation). c. If FV not submitted, ACO can make Unilateral determination of amounts due to the contractor and document in a unilateral modification to the contract. Create Contractors Release of Claims and Contractors Assignment of Refunds, Rebates, or Credits.
  4. Discuss the difference between auditor determined and Contracting Officer determined final overhead rates. - Answers :Auditor determined-DCAA audits and negotiates rates ACO determined-DCAA audits and ACO negotiates rates based on audit
  5. What are the timeframes for closing different types of contracts? - Answers :DCMA- INST 135 SAP - After acceptance and final payment FFP - (Other than SAP) 6 months after physical completion Cost Reimbursement type - 36 months after physical completion

All Others (IDIQ, BOA) - 20 months after physical completion

  1. Before closing a contract, what items should the ACO check? - Answers :DCMA- INST 135
  2. Properly completed contract closeout checklist in eTools MCC.
  3. Balanced LISSR from SDW for FIAR purposes
  4. Z'd shipper
  5. Ensure MOCAS includes ECD, R2 comment and R9 comment if applicable.
  6. Verify that the contractor has been paid in full, and that any contract financing has been fully recouped.
  7. Address any excess or remaining funds; deobligate if FFP. If final voucher, ensure ACO Notebook Remarks include statement that funds are to be deobligated as part of the Q-Final process.
  8. Ensure all closeout issues are closed (i.e. Patents, Royalties, Property, Classified Material, Price revision, EPA, Price redetermination, Incentives)
  9. Interim or Disallowed costs (Form 1); litigation, subcontractor costs
  10. Final voucher package (if applicable)
  11. Explain the difference between contract financing payments and invoice payments. - Answers :FAR 32 Contract Financing Payments - means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government. Invoice Payments - means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
  12. What are some examples of financing payments? - Answers :• Commercial Item Financing (CFIA)
  • Progress Payments based on costs or based on a percentage or stage of completion
  • Performance-Based Payments (PBPs)
  • Advanced Payments
  • Loan Guarantees
  1. What is the least preferred method of contract financing? - Answers :FAR 32.106 - Order of Preference Advanced Payments
  2. On an Undefinitized Contractural Action (UCA) is there a ceiling on the amount of contract financing a contractor is eligible for? - Answers :DCMA-INST 102 (para 3.1.12) YES. Limit of 80% of the maximum liability of the Government under the UCA until definitized, or such lower limit specified elsewhere in the contract. Costs incurred for undefinitized work shall be segregated on PPRs from those costs eligible for higher progress payment rates (definitized work).
  3. You have a contract with Progress Payments as a method of financing. The contract requires the contractor to submit a "First Article" to Government for approval prior to

d. Delinquency in payment of costs of performance e. Fair value of undelivered work f. Loss contracts (use loss ratio) g. First Article Limitation h. Disapproved Business System withhold

  1. Progress payments are intended to be 'self liquidating' - what does that mean? - Answers :Self liquidating progress payments means that as the contractor performs progress payments will liquidate at the rate specified in MOCAS when the contractor submits a Receiving Report and Invoice in iRAPT. The balance of payment after liquidation (i.e. remaining 20%) will then be paid to the contractor until the balance of all progress payments have been recouped.
  2. Describe the differences between how a contractor is paid under Fixed Price and Cost Reimbursement contracts. - Answers :Fixed Price - Contractor is paid using an accepted Receiving Report and Invoice or a Services 2in1 Invoice. Cost Reimbursement - Contractor is paid allowable costs incurred and any applicable fee (less fee withholds) using a public voucher (BVN). Cannot invoice any more frequently than every two weeks.
  3. What statute ensures the government will pay contractors in a timely and cost effective manner? - Answers :Prompt Pay Act - Payment must be made 30 days after a valid invoice is received. Not applicable to contract financing payments.
  4. What type of payments are subject to the Prompt Pay Act clause? - Answers :All payments except contract financing payments. FAR32.901(b
  5. What is the due date for making payment of an invoice? - Answers :Later of the following two events:
  6. 30th day after the designated billing office receives a proper invoice from the contractor
  7. 30th day after Government acceptance of supplies or services
  8. Does the government pay a contractor interest for delinquent request for payment? - Answers :No
  9. Explain the purpose and use of an Assignment of Claims. Also, discuss the process for accomplishing an Assignment. - Answers :DCMA-INST 136 FAR 32 Assignment of Claims - means the transfer by the contractor to a bank, trust company, or other financial institution as security for a loan to the contractor, of its right to be paid by the Government for contract performance. (Private financing). Process: a. Verify the aggregate amount due is >=$1, b. Verify contract includes FAR 52.232- 23

c. Contractor must provide ACO copy of the assignment of claims (instrument) d. ACO gets legal review and then sign/date and return copy to contractor e. ACO ensures the bank is registered in SAM, setup for EFT f. ACO forwards copy of instrument to DFAS and PCO g. Release of Claims - when final payment is made need contractor and bank to sign-off releasing the Government from all liabilities, claims, obligations.

  1. You have many cost-type contracts (including some with incentives) assigned to you; the interim billings are via public voucher which are reviewed and approved by DCAA. What, if any, measures would you use to ensure the billings are complying with contract terms? - Answers :DCMA-INST 106 a. Review contract and any modifications for any special payment instructions b. Ensure contractor complies with Limitation of Cost / Limitation of Funds (FAR 52.232- 20 & 22) c. Ensure contractor withholds fee as required by FAR 52.216 (15% or $100, whichever is less) - Randomly selected voucher reviews d. Business system status review including any applicable withholds for disapproved business systems e. Periodically review billings to ensure they are based upon a reasonable projection of total estimated cost. For CPIF type contracts, ACO should adjust fee payments by applying under-run or over-run share ratio based on estimated cost at completion.
  2. What are the options available to the Government if a Contractor submits a non- conforming part? - Answers :The ACO can do the following: a. Reject the part & reduce contract price b. Accept the part with possible consideration c. Reject the part and have contractor repair/replace at the contractor's expense.
  3. What do you do if a part has a defect after acceptance? - Answers :FAR 46 a. Contact Contractor in writing and give opportunity to correct/replace if within delivery schedule b. Advise PCO c. Coordinate with Technical and QAR d. Determine if Minor / Major / Critical nonconformance? e. Is there a Warranty f. Latent defect (not readily known), fraud, gross mistakes amounting to fraud or Patent defect (exists at time of acceptance, not latent) g. Isolate lot in WIP - 100% inspection h. Take corrective action of nonconformance i. Governments right to price reduction/consideration for accepting nonconforming supplies/services
  4. What is a warranty, and would it apply before acceptance, after acceptance, or in both situations? - Answers :• Warranty - a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract. Can be expressed or implied.
  1. Are you required to issue a cure notice to the contractor prior to terminating the contract? Also, If a notice is not required, what action would you take next? - Answers :• It depends. Termination for convenience doesn't require cure notice (at Government's discretion). T4D if cure period is 10 days or more before delivery date, then Yes must issue cure notice.
  • Send written notification to the contractor and include: Contract number, T4C or T4D; effective date of termination; extent of termination; special instructions; and steps contractor should take to minimize impact on personnel.
  1. If you issued a notice and the contractor responded by stating that the reason he is delinquent is the Governments fault, would you still issue the termination for default? - Answers :No. Investigate the claim (consult legal), and if Government caused not issue T4D.
  2. Assuming the contract is terminated for default, can the contractor protest the termination? - Answers :Yes. Proof of default is borne by the Government.
  3. If the protest is not allowed, are there other methods of recourse available to the contractor? - Answers :• Notice of Appeal
  • Contractor can file a claim under ADR
  • REA
  1. Contractor ABC is 5 months delinquent to the established delivery schedule. Discuss how you would address this; first if it was a Government caused delay, then if it was a Contractor caused delay. - Answers :Government Caused - Discuss with the contractor, IS, QAR and PCO/customer to determine what caused the delay and what needs done to resolve the issue. Negotiate any potential modification to the contract. Modification could extend the delivery schedule to prevent the delinquency from counting against the contractor and/or provide equitable adjustment. May also consider T4C. Contractor Caused - Discuss with the contractor, IS, QAR and PCO/customer to determine what caused the delay and what needs done to resolve the issue. Negotiate any potential modification to the contract. Modification could extend the delivery schedule and/or revise the price (consideration). May also consider T4C or T4D. If T4D is considered, then issue a Show Cause Notice.
  2. Executive branch employees are subject to restrictions on the gifts that they may accept from sources outside the Government. Generally they may not accept gifts that are given because of their official positions or that come from certain interested sources ("prohibited sources"). What are the exceptions and how would you handle the situation if a contractor you work with sends/gives you a gift? - Answers :As per annual Ethics Training...Exceptions to Gifts from Prohibited Sources are:
  1. value is less than $20 and don't total more than $50/yr
  2. Because of a true personal relationship
  3. Are party/event that is widely attended
  4. Are modest items of food and refreshments
  5. Unrelated to DoD employment
  6. Available to general public ...However, in general, I would turn down any gift offered.
  7. Can you define the DoD Hotline, ie: what it is for, the number/website/email to access, the Instruction Number. What should you report and if you suspect any fraud, waste, abuse or mismanagement in your office how would you handle the situation? F/U: What should be reported? - Answers :DCMA INST 932 Complaint/Hotline Process and DCMA INST 906 Fraud, Waste and Abu
  • Definition-The Defense Hotline is a system wherein complaints are received, evaluated, investigated, and corrective measures are instituted. The Hotline can be used to provide complaints or information concerning alleged violations of laws, rules, or regulations; mismanagement, gross waste of funds, or abuse of authority; or a substantial and specific danger to the public health and safety involving the Department of Defense. The Hotline contributes to readiness and promotes efficiency, economy, and effectiveness in DoD programs and operations through the detection and prevention of fraud, waste
  • 1- 800 - 424 - 9098 [email protected], DCMA home page>Fraudnet
  • When reporting suspected activity, DCMA employees should provide a summary of the suspected fraud, waste or abuse which identifies the contractor and describes the circumstances. The summary should include pertinent background information such as the contract number, description of the product or service, when the activity occurred, and how the suspect activity affects the Government. Substantiating documentation should be retained. Work with CIC
  1. What should you report and if you suspect any fraud, waste, abuse or mismanagement in your office how would you handle the situation? F/U: What should be reported? - Answers :What to report:
  2. Violations of law, rule, or regulation
  3. Substantial and specific danger to public health or safety
  4. Contract and procurement regularities: a. Cost or labor mischarging b. Defective pricing c. Defective parts d. Bid rigging e. Product substitution f. Spare parts overpricing
  5. Bribery and acceptance of gratuities
  6. Significant cases of mismanagement