ACO CORB UPDATED CORE EXAM MANUAL QUESTIONS
AND SOLUTIONS GUARANTEE A+
✔✔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? - ✔✔KOs are responsible for ensuring that contract awards
are made only to responsible prospective contractors. This requirement is for
competitive and non-competitive contracts. Before awarding a contract above SAT, the
KO must review information provided in Federal Awardee Performance and Integrity
Information System (FAPIIS).
1. Does the company have adequate financial resources or able to attain them 2. Will
the company be able to comply with required delivery or performance schedule? 3.
Have a satisfactory performance record. 4. Have a satisfactory record of integrity and
business ethics.
✔✔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. - ✔✔A D&F is a
prerequisite for modification, extension, and ratification.
Change Order: Any written change in the terms and scope of the contract. These
changes can be in the specifications, drawings, designs, method of packaging or
shipment, time or place of delivery, and quantity or type government provided material.
Unilateral order signed by the KO (Based on the changes Clauses) Quantities may not
be unilaterally adjusted by the changes clause. Commercial contras cannot be changed
unilaterally. Changes cannot exceed limitation of costs and funds and must be within
the scope of the contract.
Three things needed to execute an option: 1. Need 2. Funds available 3. Option is
advantageous to the GOV
Administrative Change: Unilateral changes not affecting substantive rights of the
parties. These changes to paying office, name of KO, contracting office. Etc.
Constructive Change: occurs when the contract work is actually changed but the
procedures of the change clause have not been followed. Same effect as a formal
change order. An increased burden of the contractor is compensable. Example,
contractor fails to complete project with in the specified date and time, and the
government allows work to continue without approval. Bilateral changes are treated as a
sole source and require a J&A
How do you determine whether or not a change is within scope?
The FAR itself does not provide a definition of "scope." Instead each determination is
made on a case-by-case basis. Over the years the GAO and the federal courts have
articulated a number of factors that can guide the Contracting Officer's scope
determination. The primary consideration is whether a potential offeror (in the original
procurement) would have reasonably anticipated that this type of change would occur.
To quote the U.S. Court of Appeals for the Federal Circuit (in A
,✔✔Describe the different types of terminations available. Address both noncommercial
(FAR Part 49) and commercial (FAR PART 12) terminations. Discuss the termination
procedures and remedies (if any) of each - ✔✔There are three types of terminations.
1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2.
Anticipatory breach
2. Termination for Cause (T4Cause) A T4Cause and T4C are for commercial contracts.
3. Termination for Convenience settlement agreement, no dispute.
Reasons to terminate for convenience: Lack of funds, in the best interest of the
Government, change in situation or technology.
A small business termination must be reported to the SBA.
T4C Best interest no breach.
All payments stop at termination.
An improper T4D is settled as if it was a T4Convenience.
No cure notice needed past delivery date.
Show cause sent after due date, may be used but not required.
✔✔Discuss your understanding of SAM (System for Award Management Exclusions)
and how / when it is to be utilized. - ✔✔SAM is an official website of the U.S.
government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.
SAM is always utilized to validate the contractors Certs and Reps. Contractors must be
registered in SAM to contract with the Federal government.
✔✔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). - ✔✔It depends
on the threshold and if it is a commercial buy and if there is sufficient competition. We
always do a price analysis but not a cost analysis unless it is noncommercial and or
above the TINA threshold of $750K. I would use the IGCE, conduct MR, look at
previous similar efforts and draw on my experience. The complexity, contract value and
type of the effort would determine how much effort I would put forth. Cost Analysis
would be for a cost type contract and price analysis would be for FFP. The FAR
provides guidance for the requirements information included in the J&A. Pursuant to
FAR 6.302 there are limited circumstances that allow for contracting using other than
full and open competition. These are:
1. 6.302-1-- Only One Responsible Source and No Other Supplies or Services Will
Satisfy Agency Requirements.
2. 6.302-2-- Unusual and Compelling Urgency.
3. 6.302-3-- Industrial Mobilization; Engineering, Developmental, or Research
Capability; or Expert Services.
4. 6.302-4-- International Agreement.
5. 6.302-5-- Authorized or Required by Statute.
6. 6.302-6-- National Security.6.302-7-- Public Interest.
There are three types of competition: 1. Full and Open 2. Full and Open after exclusion
of sources 3. Other than full and open sources.
, ✔✔You have received competitive proposals in an LPTA situation. How would you
determine the prices to be fair and reasonable? - ✔✔Through the competition of the
technically acceptable proposals. 1) Make a determination if lowest offeror offer is
technically acceptable - move to award or 2) if the lowest price is not technically
acceptable then move on to the next lowest offeror...The prudent Contracting Officer
must be able to support the determination of fair and reasonable in a manner to which
they are willing to put their signature. There is a large degree of discretion for the
Contracting Officer in this area, so what in their judgment meets the standard?
✔✔You have received competitive proposals in a trade-off situation. You are required to
evaluate realism as well as the reasonableness of the cost/price. How would you
evaluate each of these? - ✔✔Realism analysis under the FAR is used to determine
"whether your low price reflects a lack of understanding of contract requirements or risk
inherent in your technical approach." Reasonableness analysis during source selection
evaluations is typically conducted to determine whether your price is too high. Cost
realism analysis Shall be performed on Cost-reimbursement contracts. May be used in
competitive fixed price incentive contracts. Must be the probable cost of contract
performance developed in cost realism analysis to determine best value. May also use
cost realism as a factor in evaluating offers understanding of contract technical
requirement and risk.
✔✔When are you required to synopsize contract actions? Discuss both the solicitation
as well as contract award. Address the differences (if any) between synopsis and
posting a solicitation. Also, address some of the exceptions to synopsis. - ✔✔Synopsis
of award: Except for contract actions described in the exception paragraph below,
contracting officers must synopsize through the GPE awards exceeding $25,000 that
are-
1. Covered by the World Trade Organization Government Procurement Agreement or a
Free Trade Agreement (see FAR Subpart 25.4); or
2. Likely to result in the award of any subcontracts. However, the dollar threshold is not
a prohibition against publicizing an award of a smaller amount when publicizing would
be advantageous to industry or to the Government.
Exception: A notice is not required if --
1. The notice would disclose the executive agency's needs and the disclosure of such
needs would compromise the national security;
2. The award results from acceptance of an unsolicited research proposal that
demonstrates a unique and innovative research concept and publication of any notice
would disclose the originality of thought or innovativeness of the proposed research or
would disclose proprietary information associated with the proposal;
3. The award results from a proposal submitted under the Small Business Innovation
Development Act of 1982 (Pub. L. 97-219);
4. The contract action is an order placed under an indefinite delivery type contract;
5. The award is made for perishable subsistence supplies;
6. The award is for utility services, other than telecommunications services, and only
one source is available;
7. The contract action--
AND SOLUTIONS GUARANTEE A+
✔✔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? - ✔✔KOs are responsible for ensuring that contract awards
are made only to responsible prospective contractors. This requirement is for
competitive and non-competitive contracts. Before awarding a contract above SAT, the
KO must review information provided in Federal Awardee Performance and Integrity
Information System (FAPIIS).
1. Does the company have adequate financial resources or able to attain them 2. Will
the company be able to comply with required delivery or performance schedule? 3.
Have a satisfactory performance record. 4. Have a satisfactory record of integrity and
business ethics.
✔✔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. - ✔✔A D&F is a
prerequisite for modification, extension, and ratification.
Change Order: Any written change in the terms and scope of the contract. These
changes can be in the specifications, drawings, designs, method of packaging or
shipment, time or place of delivery, and quantity or type government provided material.
Unilateral order signed by the KO (Based on the changes Clauses) Quantities may not
be unilaterally adjusted by the changes clause. Commercial contras cannot be changed
unilaterally. Changes cannot exceed limitation of costs and funds and must be within
the scope of the contract.
Three things needed to execute an option: 1. Need 2. Funds available 3. Option is
advantageous to the GOV
Administrative Change: Unilateral changes not affecting substantive rights of the
parties. These changes to paying office, name of KO, contracting office. Etc.
Constructive Change: occurs when the contract work is actually changed but the
procedures of the change clause have not been followed. Same effect as a formal
change order. An increased burden of the contractor is compensable. Example,
contractor fails to complete project with in the specified date and time, and the
government allows work to continue without approval. Bilateral changes are treated as a
sole source and require a J&A
How do you determine whether or not a change is within scope?
The FAR itself does not provide a definition of "scope." Instead each determination is
made on a case-by-case basis. Over the years the GAO and the federal courts have
articulated a number of factors that can guide the Contracting Officer's scope
determination. The primary consideration is whether a potential offeror (in the original
procurement) would have reasonably anticipated that this type of change would occur.
To quote the U.S. Court of Appeals for the Federal Circuit (in A
,✔✔Describe the different types of terminations available. Address both noncommercial
(FAR Part 49) and commercial (FAR PART 12) terminations. Discuss the termination
procedures and remedies (if any) of each - ✔✔There are three types of terminations.
1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2.
Anticipatory breach
2. Termination for Cause (T4Cause) A T4Cause and T4C are for commercial contracts.
3. Termination for Convenience settlement agreement, no dispute.
Reasons to terminate for convenience: Lack of funds, in the best interest of the
Government, change in situation or technology.
A small business termination must be reported to the SBA.
T4C Best interest no breach.
All payments stop at termination.
An improper T4D is settled as if it was a T4Convenience.
No cure notice needed past delivery date.
Show cause sent after due date, may be used but not required.
✔✔Discuss your understanding of SAM (System for Award Management Exclusions)
and how / when it is to be utilized. - ✔✔SAM is an official website of the U.S.
government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.
SAM is always utilized to validate the contractors Certs and Reps. Contractors must be
registered in SAM to contract with the Federal government.
✔✔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). - ✔✔It depends
on the threshold and if it is a commercial buy and if there is sufficient competition. We
always do a price analysis but not a cost analysis unless it is noncommercial and or
above the TINA threshold of $750K. I would use the IGCE, conduct MR, look at
previous similar efforts and draw on my experience. The complexity, contract value and
type of the effort would determine how much effort I would put forth. Cost Analysis
would be for a cost type contract and price analysis would be for FFP. The FAR
provides guidance for the requirements information included in the J&A. Pursuant to
FAR 6.302 there are limited circumstances that allow for contracting using other than
full and open competition. These are:
1. 6.302-1-- Only One Responsible Source and No Other Supplies or Services Will
Satisfy Agency Requirements.
2. 6.302-2-- Unusual and Compelling Urgency.
3. 6.302-3-- Industrial Mobilization; Engineering, Developmental, or Research
Capability; or Expert Services.
4. 6.302-4-- International Agreement.
5. 6.302-5-- Authorized or Required by Statute.
6. 6.302-6-- National Security.6.302-7-- Public Interest.
There are three types of competition: 1. Full and Open 2. Full and Open after exclusion
of sources 3. Other than full and open sources.
, ✔✔You have received competitive proposals in an LPTA situation. How would you
determine the prices to be fair and reasonable? - ✔✔Through the competition of the
technically acceptable proposals. 1) Make a determination if lowest offeror offer is
technically acceptable - move to award or 2) if the lowest price is not technically
acceptable then move on to the next lowest offeror...The prudent Contracting Officer
must be able to support the determination of fair and reasonable in a manner to which
they are willing to put their signature. There is a large degree of discretion for the
Contracting Officer in this area, so what in their judgment meets the standard?
✔✔You have received competitive proposals in a trade-off situation. You are required to
evaluate realism as well as the reasonableness of the cost/price. How would you
evaluate each of these? - ✔✔Realism analysis under the FAR is used to determine
"whether your low price reflects a lack of understanding of contract requirements or risk
inherent in your technical approach." Reasonableness analysis during source selection
evaluations is typically conducted to determine whether your price is too high. Cost
realism analysis Shall be performed on Cost-reimbursement contracts. May be used in
competitive fixed price incentive contracts. Must be the probable cost of contract
performance developed in cost realism analysis to determine best value. May also use
cost realism as a factor in evaluating offers understanding of contract technical
requirement and risk.
✔✔When are you required to synopsize contract actions? Discuss both the solicitation
as well as contract award. Address the differences (if any) between synopsis and
posting a solicitation. Also, address some of the exceptions to synopsis. - ✔✔Synopsis
of award: Except for contract actions described in the exception paragraph below,
contracting officers must synopsize through the GPE awards exceeding $25,000 that
are-
1. Covered by the World Trade Organization Government Procurement Agreement or a
Free Trade Agreement (see FAR Subpart 25.4); or
2. Likely to result in the award of any subcontracts. However, the dollar threshold is not
a prohibition against publicizing an award of a smaller amount when publicizing would
be advantageous to industry or to the Government.
Exception: A notice is not required if --
1. The notice would disclose the executive agency's needs and the disclosure of such
needs would compromise the national security;
2. The award results from acceptance of an unsolicited research proposal that
demonstrates a unique and innovative research concept and publication of any notice
would disclose the originality of thought or innovativeness of the proposed research or
would disclose proprietary information associated with the proposal;
3. The award results from a proposal submitted under the Small Business Innovation
Development Act of 1982 (Pub. L. 97-219);
4. The contract action is an order placed under an indefinite delivery type contract;
5. The award is made for perishable subsistence supplies;
6. The award is for utility services, other than telecommunications services, and only
one source is available;
7. The contract action--