1|Page
CONTRACTING OFFICER UNLIMITED
WARRANT BOARD; NEW ACTUAL EXAM
WITH 100% VERIFIED ANSWERS
You are the PCO for Program Wild Card in Other Contracting valued at $50M. Two
months ago, you were seeking ASP and Acquisition Plan approval. Your ASP
authority, the SCCO, agreed to allow the ASP to serve as your Acquisition Plan as
long as the elements of an acquisition plan were all covered, such as an N/A chart.
You and your friendly procurement analyst ensured all elements of an Acq Plan
were covered, the ASP was held, and ASP/AP minutes were approved by the
SCCO. After ASP/AP approval, a J&A was approved in the amount of $50M. Two
days ago you released your RFP, today your PM has approached you to let you
know that real world events have resulted in a requirement change to buy more
Wild Card systems. Your PM asks to forego some planned test assets and increase
the maximum amount of WC production units based on increased funding,
changing your total to $80M. Anything you need to consider related to the J&A?
Anyt - Correct-answer-J&A: Per AFFARS 5306.304(e), if the contract value
changes after J&A approval but prior to award, you must submit an amendment
to the J&A authority. This is within the same threshold so you would not be
required to go to a higher level for J&A amendment approval.
ASP/AP: AFFARS 5307.104-91 Changes states "If a change occurs to the
program/acquisition that significantly affects the acquisition, the program
manager with the assistance of the contracting officer must prepare a revised AP
and a statement that summarizes the changes and obtain the approval from the
,2|Page
appropriate approval authority." You must return to the SCCO and get approval
for the change to the Acquisition Plan and ensure the file is properly documented.
You are the PCO on the XYZ missile tech support program. You intend to award an
IDIQ contract valued at $21M to include a prenegotiated fee for all task orders.
This prenegotiated fee will be captured in a special provision on the basic
contract. The special provision would require all task orders to use this
prenegotiated fee. During business clearance, your attorney determines your file
to be legally insufficient and has a specific write up that your position isn't
compliant with FAR 15.405(c) which states "The Government's cost objective and
proposed pricing arrangement directly affect the profit or fee objective. Because
profit or fee is only one of several interrelated variables, the contracting officer
shall not agree on profit or fee without concurrent agreement on cost and type of
contract."
However, you disagree with legal's perspective as you have historical cost from
the previous contract and most tasks - Correct-answer-1. You can take Legal's
advice, remove the clause, and negotiate each task separately. You could work
with legal to see if there is alternative clause language that includes the fee for
convenience but doesn't mandate it.
2. Per AFMC MP5301.602-2(c)(i)(90), "If legal review indicates that a proposed
course of action violates statute or regulation or is otherwise determined to lack
legal sufficiency, the Contracting Officer must resolve the matter with the
program attorney. Resolution of legal comments must be clearly stated in the
contract file. If efforts to resolve legal concerns are unsuccessful, the Contracting
Officer must highlight the unresolved issue in the clearance request and any
clearance briefing." Ultimately it is the CAA who would adjudicate.
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3. Be sure to document and have ensure the final decision documentation is
signed by the CAA.
You a PCO on the Rapid Acquisition Cell (RAC) supporting SOCOM. You have an
approved ASP and J&A for ABC missile and associated support. SOCOM intends to
send you funding for ABC missile support using Procurement funds just as soon as
they receive fall out funds. Your SOCOM customer asks you to go ahead and issue
the RFP. Can you issue the RFP? If so, what is required? Is there any alternative? -
Correct-answer-Per AFFARS MP 5332.7 a., Release of Solicitations in Advance of
Funding Availability:
When issuing solicitations in advance of available funds, the following statement
must be included in any such solicitation: "Notice to Offeror(s)/Supplier(s): Funds
are not presently available for this effort. No award will be made under this
solicitation until funds are available. The Government reserves the right to cancel
this solicitation, either before or after the closing date. In the event the
Government cancels this solicitation, the Government has no obligation to
reimburse an offeror for any costs."
(a) When the resulting contract is to be funded by Procurement or Research,
Development, Test, and Evaluation appropriations, the program/requirement
must be included in the President's budget as submitted to Congress, and the
program manager must provide the contracting officer a written statement. The
statement must be coordinated with FM at the Center level (or equivalent) or as
delegated to FM Organizational Senior Functional (OSF) that these investment
funds will be used for the proposed acquisition and, although not presently
available, a reasonable expectation exists that funding will be authorized and
available upon enactment of the Authorization and Appropriations Acts.
, 4|Page
You can issue the RFP subject to obtaining the approvals IAW AFFARS MP 5332.7,
including the required language. Another alternative is to send a draft RFP.
You have a UON for Acme Missile valued at $70M for sole source to Rockheed
Harton. You have all required acquisition plan approvals. This requirement meets
the DoD policy for UCA as the negotiation of a definitive contract action is not
possible in sufficient need to meet the requirement and the Government's
interest demands the contractor be given a binding commitment immediately.
Due to real world threats you must issue a UCA contract so the resulting missiles
are delivered on time. The period of performance will be 20 months. What needs
to be approved, who needs to approve it, and what is required prior to UCA
award? Is there anything in particular that you need to be concerned about
regarding J&A postings? - Correct-answer-Unless you have a -1 class J&A, a new
J&A will be required, probably a 6.302-2 Unusual and Compelling Urgency J&A.
Per FAR 6.302-2(d)(1)(ii), PoP of the effort in the J&A may not exceed 12 months
unless approved by HCA. In this case it is over 12 months so a D&F must be
approved by Deputy Assistant Secretary (DAS) for contracting. IAW AFFARS MP
5301.601(a)(i), the UCA approval must be approved by the SCCO and legal must
sign off as well. The UCA request must be approved prior to UCA award. Per FAR
6.302-2, the D&F (para d1) and J&A (para c4) may be approved after award.
However, a UCA J&A must be posted 30 days after award per FAR 6.305(b), so full
D&F and J&A coordination and approval may not be reasonable within the
posting deadline.
You are the PCO on a new source selection. Your team is encouraging the use oral
presentations in lieu of written presentations for the proposal's technical volume
CONTRACTING OFFICER UNLIMITED
WARRANT BOARD; NEW ACTUAL EXAM
WITH 100% VERIFIED ANSWERS
You are the PCO for Program Wild Card in Other Contracting valued at $50M. Two
months ago, you were seeking ASP and Acquisition Plan approval. Your ASP
authority, the SCCO, agreed to allow the ASP to serve as your Acquisition Plan as
long as the elements of an acquisition plan were all covered, such as an N/A chart.
You and your friendly procurement analyst ensured all elements of an Acq Plan
were covered, the ASP was held, and ASP/AP minutes were approved by the
SCCO. After ASP/AP approval, a J&A was approved in the amount of $50M. Two
days ago you released your RFP, today your PM has approached you to let you
know that real world events have resulted in a requirement change to buy more
Wild Card systems. Your PM asks to forego some planned test assets and increase
the maximum amount of WC production units based on increased funding,
changing your total to $80M. Anything you need to consider related to the J&A?
Anyt - Correct-answer-J&A: Per AFFARS 5306.304(e), if the contract value
changes after J&A approval but prior to award, you must submit an amendment
to the J&A authority. This is within the same threshold so you would not be
required to go to a higher level for J&A amendment approval.
ASP/AP: AFFARS 5307.104-91 Changes states "If a change occurs to the
program/acquisition that significantly affects the acquisition, the program
manager with the assistance of the contracting officer must prepare a revised AP
and a statement that summarizes the changes and obtain the approval from the
,2|Page
appropriate approval authority." You must return to the SCCO and get approval
for the change to the Acquisition Plan and ensure the file is properly documented.
You are the PCO on the XYZ missile tech support program. You intend to award an
IDIQ contract valued at $21M to include a prenegotiated fee for all task orders.
This prenegotiated fee will be captured in a special provision on the basic
contract. The special provision would require all task orders to use this
prenegotiated fee. During business clearance, your attorney determines your file
to be legally insufficient and has a specific write up that your position isn't
compliant with FAR 15.405(c) which states "The Government's cost objective and
proposed pricing arrangement directly affect the profit or fee objective. Because
profit or fee is only one of several interrelated variables, the contracting officer
shall not agree on profit or fee without concurrent agreement on cost and type of
contract."
However, you disagree with legal's perspective as you have historical cost from
the previous contract and most tasks - Correct-answer-1. You can take Legal's
advice, remove the clause, and negotiate each task separately. You could work
with legal to see if there is alternative clause language that includes the fee for
convenience but doesn't mandate it.
2. Per AFMC MP5301.602-2(c)(i)(90), "If legal review indicates that a proposed
course of action violates statute or regulation or is otherwise determined to lack
legal sufficiency, the Contracting Officer must resolve the matter with the
program attorney. Resolution of legal comments must be clearly stated in the
contract file. If efforts to resolve legal concerns are unsuccessful, the Contracting
Officer must highlight the unresolved issue in the clearance request and any
clearance briefing." Ultimately it is the CAA who would adjudicate.
,3|Page
3. Be sure to document and have ensure the final decision documentation is
signed by the CAA.
You a PCO on the Rapid Acquisition Cell (RAC) supporting SOCOM. You have an
approved ASP and J&A for ABC missile and associated support. SOCOM intends to
send you funding for ABC missile support using Procurement funds just as soon as
they receive fall out funds. Your SOCOM customer asks you to go ahead and issue
the RFP. Can you issue the RFP? If so, what is required? Is there any alternative? -
Correct-answer-Per AFFARS MP 5332.7 a., Release of Solicitations in Advance of
Funding Availability:
When issuing solicitations in advance of available funds, the following statement
must be included in any such solicitation: "Notice to Offeror(s)/Supplier(s): Funds
are not presently available for this effort. No award will be made under this
solicitation until funds are available. The Government reserves the right to cancel
this solicitation, either before or after the closing date. In the event the
Government cancels this solicitation, the Government has no obligation to
reimburse an offeror for any costs."
(a) When the resulting contract is to be funded by Procurement or Research,
Development, Test, and Evaluation appropriations, the program/requirement
must be included in the President's budget as submitted to Congress, and the
program manager must provide the contracting officer a written statement. The
statement must be coordinated with FM at the Center level (or equivalent) or as
delegated to FM Organizational Senior Functional (OSF) that these investment
funds will be used for the proposed acquisition and, although not presently
available, a reasonable expectation exists that funding will be authorized and
available upon enactment of the Authorization and Appropriations Acts.
, 4|Page
You can issue the RFP subject to obtaining the approvals IAW AFFARS MP 5332.7,
including the required language. Another alternative is to send a draft RFP.
You have a UON for Acme Missile valued at $70M for sole source to Rockheed
Harton. You have all required acquisition plan approvals. This requirement meets
the DoD policy for UCA as the negotiation of a definitive contract action is not
possible in sufficient need to meet the requirement and the Government's
interest demands the contractor be given a binding commitment immediately.
Due to real world threats you must issue a UCA contract so the resulting missiles
are delivered on time. The period of performance will be 20 months. What needs
to be approved, who needs to approve it, and what is required prior to UCA
award? Is there anything in particular that you need to be concerned about
regarding J&A postings? - Correct-answer-Unless you have a -1 class J&A, a new
J&A will be required, probably a 6.302-2 Unusual and Compelling Urgency J&A.
Per FAR 6.302-2(d)(1)(ii), PoP of the effort in the J&A may not exceed 12 months
unless approved by HCA. In this case it is over 12 months so a D&F must be
approved by Deputy Assistant Secretary (DAS) for contracting. IAW AFFARS MP
5301.601(a)(i), the UCA approval must be approved by the SCCO and legal must
sign off as well. The UCA request must be approved prior to UCA award. Per FAR
6.302-2, the D&F (para d1) and J&A (para c4) may be approved after award.
However, a UCA J&A must be posted 30 days after award per FAR 6.305(b), so full
D&F and J&A coordination and approval may not be reasonable within the
posting deadline.
You are the PCO on a new source selection. Your team is encouraging the use oral
presentations in lieu of written presentations for the proposal's technical volume
