CORB Study Guide Latest Version 2023

You receive a customer's procurement package. In it, the PWS addresses key personnel required. The customer wants to evaluate the availability and commitment of the proposed key personnel when evaluating offers. What would you recommend the customer include in the instructions to offerors for proposal submission requirements and evaluation factors? - I would recommend that the customer include a requirement for commitment letters from all vendors and state in the solicitation that key personnel with also be evaluated by both their qualifications and by evaluating their commitment letter. Section L - Instructions, Conditions and Notices to Bidders, Section M - Evaluation Factors for Award. Why is inspection and acceptance important to the Government? - FAR 46.5 Risk of loss of or damage to supplies shall remain with the contractor until, and shall pass to the Government upon Delivery or Acceptance. After 30 days without rejection, it is considered accepted by the GOV. The KO wants to ensure the COR inspects all received supplies and services to ensure we get what we ordered and are good stewards of the taxpayers money. To prevent fraud, waste and abuse. It is part of the quality assurance. Explain the difference between an offeror's experience and an offeror's past performance - Experience details work that the contractor has done in scale and scope. Past performance is a report of how well they did. Performance can be obtained by CPARS, Past Performance Retrieval System (PPIRS), and surveys. How would you define depth and breadth of an offeror's experience to be included in a solicitation/evaluation? - Breadth of experience reflects the Offeror's experience in performing the full range/all of the efforts required. Depth of experience reflects the magnitude, significance, and applicability/relevance of the Offeror's experience in performing each of the efforts required. An offeror's past performance should only be included if it is similar in nature to the new solicitation that is being evaluated. It could be the qualifications/certification that the offeror has or previous/relevant work that the offeror had completed. A legally binding contract must contain what elements? - An offer and an acceptance. 1. Component Parties (capacity, competence, and Authority) 2. Mutual Assent (binding offer, valid acceptance, and meeting of the minds) 3. Consideration (the bargained for legal value of the deal) 4. Certainty of terms (the contract must be unambiguous) 5. Lawful purpose (Violations of the law will not be enforced) Explain the "Bona Fide Needs" rule. - It is a rule of appropriations law. It mandates that a fiscal year's appropriations only be obligated to meet a legitimate—or bona fide—need arising in (or sometimes before) the fiscal year for which the appropriation was made. Penalty is Job, 2 years in Jail and $5K fine or both. 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? - Order of precedence Rule: UCF: a tiebreaker based on where the argument is in the contract and not in the contract itself. (a) The Schedule (excluding the specifications). (b) Representations and other instructions. (c) Contract clauses. (d) Other documents, exhibits, and attachments. (e) 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? Closeouts is required per FAR 4.804, it is necessary to ensure all actions under contract are complete, final payment is processed, and left-over funds are deobligated. - 1. Required deliveries completed and accepted by the GOV. 2. All services performed and accepted by GOV. 3. All option provisions if any expired. 4. GOV gives the contractor notice. Past performance evaluation (if required). Completion settlement and final voucher submitted. Second, release of claims signed. DD 1594 Contract Completion Statement and 1597. 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? - If the Contracting Officer decides that an offeror's proposal should no longer be included in the competitive range, the proposal will be eliminated from further consideration for award. The Contracting Officer must provide written notice of this decision to unsuccessful offerors in accordance with FAR Part 15.503(a). The notice to each offeror must state (1) the basis for excluding/eliminating its offer, (2) the basis for the determination, and (3) that a revision of its proposal will not be considered. The Contracting Officer must prepare a written competitive range determination based on all evaluation factors, including a complete rationale for decisions to include or exclude specific proposals from the competitive range. This document is the Competitive Range Determination memorandum. 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. - LPTA is when price is the most important factor. Lowest price, no tradeoff. Tradeoff is when other factors outweigh cost. It is the most flexible. We always consider cost. Evaluation of factors in mandatory on contracts exceeding $1MIL. (Price, quality or technical, Past Performance). Tradeoff would usually be used in more complicated requirements where certain qualities are more important to the customer than others. LPTA would be used for simpler supply buys. 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? - Conduct an Initial counseling that covers duties and expectations. Set goals and priorities. Review and approve their Individual Development Plan (IDP), Assign a coach and mentor. I would mentor a new CS assigned to my team by helping them through a common SAT purchase, explaining the steps and procedures involved. I would show them local SOPs, Policy Letters, PCF, SAM, FARsite, and WAWF. What is an unauthorized commitment? What steps do you take in evaluating, processing and approving an unauthorized commitment? - An unauthorized commitment is $$ committed by an individual who did not have the authority to obligate the $$. To approve a UC, you will need to go through the ratification process. Unauthorized commitments violate federal law, federal regulations, and the Government-wide Standards of Conduct for Federal Employees, and the DFARS. Ratification. Cases that cannot be ratified under FAR 1.602-3 may be subject to resolution as authorized by FAR Subpart 33.2, Disputes and Appeals. 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? - The KO usually delegates surveillance and status reporting under FAR PART 42. The COR is the eyes and ears of the Contracting Officer. Shall be certified and maintain certification. CORs are not authorized to make commitments. CORs must be a government employees. CORs duties are to promptly inspect services, ID if they meet or do not meet AQL, SAT or UNSAT completion, and complete performance evaluation. The COR accepts and inspects goods and services. At the DoD level, the guidance for when a COR is required to be designated is not tied to a dollar threshold. It requires a more subjective analysis surrounding the risk of contract performance and oversight the government wishes to have. That said, there is guidance for use in making this decision. Unless you have local or agency level policy we are unaware of, the guidance you need can be found at DFARS PGI 201.602-2(iv)(A), which states: "Contracting officers shall designate a COR for all service contracts, including both firm fixed price and other than firm fixed price contracts, awarded by a DoD component or by any other Federal agency on behalf of DoD. The surveillance activities performed by CORs should be tailored to the dollar value/complexity of the specific contract for which they are designated. Contracting officers may exempt service contracts from this requirement when (each of) the following three conditions are met: (1) The contract will be awarded using simplified acquisition procedures; (2) The requirement is not complex; and (3) The contracting officer documents the file, in writing, why the appointment of a COR is unnecessary. For cost reimbursement contracts that are not service contracts, contracting officers shall either retain or delegate surveillance activities to a COR or DCMA." If there is no COR assigned; then ultimately the contracting officer is responsible for monitoring contractor performance. This makes sense considering that when a COR is appointed it is some of the contracting officer's authority/responsibility they are being delegated.