Contracting Officer Study Group Exam with complete Solutions

Contracting Officer Study Group Exam with complete Solutions What are the 5 conforming markings on data deliverables? -answersPer 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? -answersThe 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: -answers1. 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"? -answersAssistance 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? -answers1. Grants 2. Cooperative Agreements 3. Other Transactions for Research 4. Technology Investment Agreements What is the difference between grants, cooperative agreements, OTRs, and TIAs? -answersIn 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? -answers$750,000 What are the 5 exceptions to TINA? -answers1. 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? -answersA 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? -answersA 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? -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? -answersActual 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? -answersFAR 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. -answersMulti-functional Independent Review Teams (MIRTs) are comprised of cross-functional subject matter experts (SMEs). They act as an adviso