Contracting Officer Study Group questions and answers well illustrated.

Contracting Officer Study Group questions and answers well illustrated. What are the 5 conforming markings on data deliverables? - correct answers.Per DFARS 252.227-7013: 1. Government Purpose Rights 2. Limited Rights/Restricted Rights 3. Special License Rights 4. Copyright Notices 5. SBIR Data Rights All others are non-conforming markings What determines the level of data rights the Government is entitled to? - correct answers.The source of funding used to develop an item or create the data ("Follow the funds"). Match the 3 main data rights categories with the appropriate funding level: - correct answers.1. Unlimited Rights - Fully funded by the Government 2. Government Purpose Rights - Partially funded by the Government 3. Limited/Restricted Rights - Not funded by the Government What is "assistance"? How does it differ from "acquisition"? - correct answers.Assistance has the principal purpose of transferring a thing of value, carrying out a public purpose of support, or stimulation authorized by law. Acquisition has the principal purpose of acquiring property or services for the direct benefit or use of the Government. What are the 4 types of assistance? - correct answers.1. Grants 2. Cooperative Agreements 3. Other Transactions for Research 4. Technology Investment Agreements What is the difference between grants, cooperative agreements, OTRs, and TIAs? - correct answers.In a grant, substantial involvement is not expected between the agency and the recipient. Paid-up license and march-in rights are required. In a cooperative agreement, substantial involvement is expected between the agency and the recipient. Paid-up license and march-in rights are required. In an OTR, there is a 50/50 cost share but the Government receives no Paid-up license or march-in rights. In a TIA, there is a 50/50 cost share with a for-profit business, and the Government receives no Paid-up license or march-in rights. What is the threshold for certified cost or pricing data? - correct answers.$750,000 What are the 5 exceptions to TINA? - correct answers.1. Adequate price competition 2. Commercial items 3. Modifying a contract or subcontract for commercial items 4. Price set by law or regulation (statute) 5. TINA Waiver What is the bona fide need rule? - correct answers.A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some cases arising prior to but continuing to exist in, the fiscal year for which the appropriation was made. As a PCO, what kinds of things could cause you to lose your warrant? - correct answers.A PCO loses his/her warrant upon retirement from employment, reassignment from the position requiring a warrant, termination of employment, or unsatisfactory performance. Terminations must be submitted in writing using the "Contracting Officer Appointment/Warrant Eligibility Transfer/Termination Request" template in AFFARS, and requests must be submitted at least 14 days in advance of the requested termination along with the reason. What are the conditions for a ratification to occur? - correct answers.(1) Supplies or services were received and accepted by the Government or the Government has or will get a benefit from the unauthorized action; (2) The ratifying official has the authority to enter into a contractual agreement; (3) The resulting contract would otherwise have been proper if made by a warranted CO; (4) The CO reviewing the unauthorized commitment determines the price to be fair and reasonable; (5) The CO recommends payment and legal counsel concurs in the recommendation, unless agency procedures expressly do not require such concurrence; (6) Funds are currently and were available at the time the unauthorized commitment was made; and (7) The ratification is in accordance with any other limitations prescribed under agency procedures What are the differences between apparent, implied, and express authority? - correct answers.Actual authority is either express or implied. Express actual authority to bind the Government exists in a contract only when the Constitution, a statute, or a regulation grants it to that agent in unambiguous terms. Implied actual authority exists when such authority is considered to be an integral part of the duties assigned to a Government employee and cannot exist without prior express actual authority. Apparent authority occurs when a principal makes others believe that she has conferred authority upon an agent by holding them out to the public or a third-party as the principal's agent. Apparent authority never binds the Government. How does a PCO get their authority? - correct answers.FAR 1.602-1 states that Contracting Officers must receive clear written instructions as to the limits of their authority from the appointing authority. FAR 1.603-1 states that agency heads or their designees may select and appoint contracting officers and terminate their appointments. For AFMC, the role of appointing official has been delegated to the Senior Center Contracting Official (SCCO), i.e. AFLCMC Director of Contracting. In a broader sense, authority to pay debts and obligate the Government stems from Article 1, Section 8 of the Constitution, which grants that authority to Congress. Congress gives authority to the Department of Defense, who in turn gives authority to the Assistant Secretary of the Air Force (Acquisition) (ASAF(A)), then to the MAJCOM SCO (HQ AFMC/PK), to the SCCO (AFLCMC Director of Contracting), and ultimately, to the PCO. Describe the differences between a MIRT and a Peer Review. - correct answers.Multi-functional Independent Review Teams (MIRTs) are comprised of cross-functional subject matter experts (SMEs). They act as an advisor to the Clearance Approval Authority (CAA) by validating each critical decision point (CDP), and are based on policy established in 2009. When clearance is required, the CAA must use a MIRT if the acquisition is over $50M and competitive, but the CAA may waive the MIRT or even specific CDPs within the MIRT based on acquisition/source selection history and procurement/source selection experience of the acquisition team (MIRTs 1, 4, & 5 are currently waived up to the level of the SCCO's authority - $1B for competitive). Also, at the discretion of the CAA, MIRTs can be used for competitive acquisitions < $50M or for sole-source at any dollar threshold. The CAA appoints the SMEs to constitute the MIRT, and they will review and assess CDPs as advisors. MIRTs will convene an out-brief with the source selection team at the conclusion of each CDP. There are 2 Pre-Business Clearance CDPs: (1) Review draft ASP brief/draft AP, and (2) Review Sections L & M of the RFP. The final 3 CDPs are Pre-Contract Clearance: (3) Review draft Competitive Range Brief or Award w/o Discussions Brief, (4) Review draft FPR, (5) Review draft Source Selection Decision briefing. Peer Review kicks in when we have an acquisition over $1 billion. There are three Peer Reviews required for competitive acquisitions, and two Peer Reviews required for sole source acquisitions. They are pre-solicitation, pre-FPR, and pre-award for competitive. They are pre-negotiation and pre-contract award for sole source. Peer reviews are also advisory, and are made up of senior leaders across DoD. DPAP chairs the peer review. Peer Reviews are also required POST-AWARD for service contracts over $1 billion. In general, what are the generic Air Force (AFFARS) procedures for handling ratification actions? Who are the approval authorities for ratifications? - correct answers.In general, the basic AFFARS MP is: The PCO begins investigation (asks for docs and evidence); and the Commander (where commitment occurred) provides w/in 30 days to PCO: Report on facts, corrective actions, disciplinary action, signed statement from person involved, relevant documentation/records regarding the unauthorized commitment. The PCO collects and analyzes and if ratification is appropriate, prepares file, that includes: • Summary of facts by PCO that addresses all elements from FAR 1.602-3 • Legal opinion • Invoice from contractor • Report from commander as above • Ratification statement (per language of reg) If more than $30K, PCO forwards file through wing commander for review by SCO/SCCO (per language in reg). After execution by the appropriate authority, the CO processes. The contract and the ratification statement are included in the contract. AFFARS MP 5301.602-3 says that PCOs may use ratification template when preparing ratifications The approval authority for ratification is HCA, but has been delegated per MP 5301.601(a)(i) to the SCCO (>$30K) or the COCO (<$30K). If a contractor refuses to settle within the latitude received at business clearance, what may you do? - correct answers.1. Reject the offer and continue negotiations. 2. Shake hands contingent upon CAA approval of the number (this seems applicable only if face-to-face negotiations; if email based, seek CAA approval before hand shake). 3. Get a subsequent Business Clearance from the CAA. What are the elements of a contract? - correct answers.There must be legal capacity to enter the contract, mutual assent (including offer, acceptance, and meeting of the minds), consideration, certainty of terms, lawful purpose, and a form permitted by law