CON 3990 Exam
A contract is not enforceable without - ANS-consideration
A cure notice - ANS-contractor fails to make progress
performance problems do not involve delivery
10 days remain for contact performance correction
A J&A should include - ANS-Description of action being approved
Description of supplies or services required + estimated value
statutory authority permitting other than full and open comp
demonstrate why specific KTR is required (instead of comp)
efforts made to solicit offers from other sources
determination of fair and reasonable anticipated cost
description of market research conducted
list of sources that expressed interest
statement of how agency may remove comp barriers in the future
KO certification
a show cause notice - ANS-issued after cure notice or when insufficient time to send both
(less than 10 days)
determine if circumstanse was out of contractor control
A trade show is an example of what type of market research? - ANS-strategic
All incentive contracts (schedule or performance) must also include what? - ANS-Cost
incentive or constraint
All unclassified award data must be - ANS-made accessible to the public via Federal
Procurement Data System (FPDS) if
above MPT or any mods which change previously reported contract data regardless of dollar
value
An offeror builds an offer based off of its own - ANS-business strategy and operating
procedures even though they are aware the Gov must follow laws and regulations
are all commercial changes bilateral? - ANS-yes
Are there any sources that should be excluded when the agency is describing its needs in a
Solicitation - ANS-No, we want full and open competition
At a minimum what must the KO discuss during negotiations? - ANS-deficiences, significant
weakensses, and advserse past performance
At what level are contract files maintained and why? - ANS-Maintained at the organizational
level to ensure
effective documentation of contract actions
accessibility by principal users
minimal establishment of duplicate and working files
safeguarding classified docs
conformance with agency regs
Can contract files be combined if appropriate? - ANS-Yes
can termination apply to all or parts of a contract? - ANS-yes
Can warranties be placed for particular aspects of an item (installation, components,
accessories0? - ANS-Yes
, chagne within scope is change order, out of scope change is - ANS-bilateral agreement
Change order is - ANS-an order from KO to change performance
KTR is required to do so unless cost reimbursement or inc funding contract
Changes clause permits - ANS-KO to make unilateral changes in general scope of contract
claim must be presented for decition within 6 years - ANS-
Communications from contracting professionals have influence over what? - ANS-Cost,
quality, and timeliness of products and services
contractors can appeal KO decisions with the - ANS-ANGENCY boards of contract appeals
Cost reimbursment or incrementally funded contracts the KTR is not obligated to -
ANS-continue perofrmane or incur cots beyond limits of limitations of cost /funds clause
decision time limits for claims - ANS-100k or less, 60 days after reciebing request from KTR
that decision be rendered or reasonable time
100k or more 60 days or less after receiving certified claim
Do all provisions that apply to commercial items apply to COTS items? - ANS-yes
Do whistleblower protections apply to any element of the intelligence community? - ANS-No
not in DFARS part 203
Does Market research include determining product characteristics, the capabilities of
supplies, and the business practices that surround them? - ANS-Yes
Does the contractors obligations under warranties extend to all defects discovered during the
warranty period, but do not include damage caused by the Government? - ANS-Yes
Does the SAP policy apply to requirements using required sources of supply under FAR part
8 or when using existing IDIQ/established contracts? - ANS-No
Does the warranty period extend the contractors liability for patent defects beyond a
reasonable time after acceptance by the Government? - ANS-No
express warranties - ANS-KOs required to take advantage of commercial warranties offered
to the general public
fixed price incetive contract - ANS-FP that provide for the adjustment of profit and
establishment of the final contract price by a formula based on the relationship of final
negotiated cost to total target cost
Generally speaking, which contracts utilize cost type vs fp type contracts? - ANS-Cost type
is for unknown parameters (R&D, no definite schedule or quantity)
FP type is for known parameters and costs (production)
How can a contract deal with OCI by avoiding? - ANS-exclude potential sources from
competition or eliminate a segment of work from a contract or task
How can a contract deal with OCI by mitigating? - ANS-OCI mitigation plan - reduce or
alleviate impact of unavoidable OCI to an acceptable level of risk
How can a contract deal with OCI by neutralizing? - ANS-encourage/facilitate support
contractor recusal, exclude or limit support contractor participation in source selection, bar
access to competition sensitive data
how can performance risk be reduced? - ANS-from high to low as requirement progresses
from vague to well-defined and uncertainty regaurding geasibility cost/time decreases
how is a requirements analysis for services conducted? - ANS-systematic review of your
requirement given the guidance of stakeholders
describe work in terms of results rather than how the work is accomplished or the number of
hours to be provided
identify essential processes and outputs or results required
How is acceptance executed? - ANS-acceptance certificate on an inspection or receiving
report form
A contract is not enforceable without - ANS-consideration
A cure notice - ANS-contractor fails to make progress
performance problems do not involve delivery
10 days remain for contact performance correction
A J&A should include - ANS-Description of action being approved
Description of supplies or services required + estimated value
statutory authority permitting other than full and open comp
demonstrate why specific KTR is required (instead of comp)
efforts made to solicit offers from other sources
determination of fair and reasonable anticipated cost
description of market research conducted
list of sources that expressed interest
statement of how agency may remove comp barriers in the future
KO certification
a show cause notice - ANS-issued after cure notice or when insufficient time to send both
(less than 10 days)
determine if circumstanse was out of contractor control
A trade show is an example of what type of market research? - ANS-strategic
All incentive contracts (schedule or performance) must also include what? - ANS-Cost
incentive or constraint
All unclassified award data must be - ANS-made accessible to the public via Federal
Procurement Data System (FPDS) if
above MPT or any mods which change previously reported contract data regardless of dollar
value
An offeror builds an offer based off of its own - ANS-business strategy and operating
procedures even though they are aware the Gov must follow laws and regulations
are all commercial changes bilateral? - ANS-yes
Are there any sources that should be excluded when the agency is describing its needs in a
Solicitation - ANS-No, we want full and open competition
At a minimum what must the KO discuss during negotiations? - ANS-deficiences, significant
weakensses, and advserse past performance
At what level are contract files maintained and why? - ANS-Maintained at the organizational
level to ensure
effective documentation of contract actions
accessibility by principal users
minimal establishment of duplicate and working files
safeguarding classified docs
conformance with agency regs
Can contract files be combined if appropriate? - ANS-Yes
can termination apply to all or parts of a contract? - ANS-yes
Can warranties be placed for particular aspects of an item (installation, components,
accessories0? - ANS-Yes
, chagne within scope is change order, out of scope change is - ANS-bilateral agreement
Change order is - ANS-an order from KO to change performance
KTR is required to do so unless cost reimbursement or inc funding contract
Changes clause permits - ANS-KO to make unilateral changes in general scope of contract
claim must be presented for decition within 6 years - ANS-
Communications from contracting professionals have influence over what? - ANS-Cost,
quality, and timeliness of products and services
contractors can appeal KO decisions with the - ANS-ANGENCY boards of contract appeals
Cost reimbursment or incrementally funded contracts the KTR is not obligated to -
ANS-continue perofrmane or incur cots beyond limits of limitations of cost /funds clause
decision time limits for claims - ANS-100k or less, 60 days after reciebing request from KTR
that decision be rendered or reasonable time
100k or more 60 days or less after receiving certified claim
Do all provisions that apply to commercial items apply to COTS items? - ANS-yes
Do whistleblower protections apply to any element of the intelligence community? - ANS-No
not in DFARS part 203
Does Market research include determining product characteristics, the capabilities of
supplies, and the business practices that surround them? - ANS-Yes
Does the contractors obligations under warranties extend to all defects discovered during the
warranty period, but do not include damage caused by the Government? - ANS-Yes
Does the SAP policy apply to requirements using required sources of supply under FAR part
8 or when using existing IDIQ/established contracts? - ANS-No
Does the warranty period extend the contractors liability for patent defects beyond a
reasonable time after acceptance by the Government? - ANS-No
express warranties - ANS-KOs required to take advantage of commercial warranties offered
to the general public
fixed price incetive contract - ANS-FP that provide for the adjustment of profit and
establishment of the final contract price by a formula based on the relationship of final
negotiated cost to total target cost
Generally speaking, which contracts utilize cost type vs fp type contracts? - ANS-Cost type
is for unknown parameters (R&D, no definite schedule or quantity)
FP type is for known parameters and costs (production)
How can a contract deal with OCI by avoiding? - ANS-exclude potential sources from
competition or eliminate a segment of work from a contract or task
How can a contract deal with OCI by mitigating? - ANS-OCI mitigation plan - reduce or
alleviate impact of unavoidable OCI to an acceptable level of risk
How can a contract deal with OCI by neutralizing? - ANS-encourage/facilitate support
contractor recusal, exclude or limit support contractor participation in source selection, bar
access to competition sensitive data
how can performance risk be reduced? - ANS-from high to low as requirement progresses
from vague to well-defined and uncertainty regaurding geasibility cost/time decreases
how is a requirements analysis for services conducted? - ANS-systematic review of your
requirement given the guidance of stakeholders
describe work in terms of results rather than how the work is accomplished or the number of
hours to be provided
identify essential processes and outputs or results required
How is acceptance executed? - ANS-acceptance certificate on an inspection or receiving
report form
