FAC-C CERTIFICATION EXAM

Who develops a solicitation? - ANSThe government, and the buyer Who prepares an offer? - ANSThe contractor, and the seller During the post award phase while the contract is being performed, who has responsibility for quality? - ANSThe seller Acquisition - ANSFAR 2.101 tells us Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. Acquisition Team - ANSFAR 1.102-3 describes the Acquisition Team as consisting of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services. The KO's Role on the Acquisition Team - ANSFAR 1.102-4(a) states Government members of the Acquisition Team must be empowered to make acquisition decisions within their areas of responsibility, including selection, negotiation, and administration of contracts consistent with the Guiding Principles. In particular, the contracting officer must have the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract. KO Appointments - ANSFAR 1.603-2 requires appointing officials, when selecting contracting officers, to consider the complexity and dollar value of the acquisitions to be assigned and the candidate's experience, training, education, business acumen, judgment, character, and reputation. Examples of selection criteria - ANS-Experience in Government contracting and administration, commercial purchasing, or related fields. -Education or special training in business administration, law, accounting, engineering, or related fields. Knowledge of acquisition policies and procedures, including this and other applicable regulations. -Specialized knowledge in the particular assigned field of contracting. -Satisfactory completion of acquisition training courses. DOD KO Requirements - ANSDFARS 201.603-2 tells us that in order to qualify to serve as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold, a person must: -Have completed all contracting courses required for a contracting officer to serve in the grade in which the employee or member of the armed forces will serve. -Have at least 2 years experience in a contracting position. -Have received a baccalaureate degree from an accredited educational institution. -Meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense. -DFARS 201.603-2(2) also lists several exceptions and amplifications to the above qualifications for contracting officer appointments. FAR 1.602-2 - ANSContracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract , and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment. FAR 1.602-2(a) - ANSContracting Officers must ensure sufficient funds are available for obligation for each contract action. FAR 1.602-2(b) - ANSstates that contracting officers shall ensure that contractors receive impartial, fair, and equitable treatment. This applies to all types of communications, written and verbal. FAR 1.602-2(c) - ANSContracting officers shall request and consider the advice of specialists in audit, law, engineering, information security , transportation, and other fields, as appropriate. FAR 1.602-2(d) - ANSstates that contracting officers shall designate CORs in writing and furnish copies to the contractor and the contract administration office. Which part of the FAR gives the best guidance for personal conflict of interest? - ANSFAR part 3 Which part of the FAR gives the best guidance for organizational conflict of interest? - ANSFAR part 9 FAR 1.102-4(e) - ANSstates that contracting officers "should take the lead in encouraging business process innovations and ensuring that business decisions are sound." FAR 1.102-2(c)(2) - ANStells us the contracting system must focus on "risk management" rather than "risk avoidance." The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The contracting system should allow contracting professionals to take independent action based on their professional judgment. Along these lines, contracting professionals should exercise discretion, use sound business judgment, and comply with applicable laws and regulations in dealing with contractors and prospective contractors. All contractors and prospective contractors should be treated fairly and impartially but need not be treated the same. FAR 1.102-2(c) - ANSInstructs that the business of acquisition should be conducted with openness. FAR 1.102-2(c)(1) - ANSGoes on to say that not only must the system have integrity, but the actions of each member of the team must reflect integrity, fairness, and openness. Openness for the contracting officer applies primarily to? - ANSThe Acquisition Team, Contractors, Offerors, The Contracting Team FAR 1.102-2(a) - ANStells contracting professionals that a guiding principle of the Federal Acquisition System is to satisfy customers in terms of cost, quality, and timeliness of the delivered product or service. FAR 2.101(a) - ANStells us that a word or a term, defined in this section, has the same meaning throughout this regulation (FAR), unless- -The context in which the word or term is used clearly requires a different meaning; or Another FAR part, subpart, or section provides a different definition for the particular part or portion of the part. FAR 1.701 - ANS"Determination and Findings" means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The "determination" is a conclusion or decision supported by the "findings.'' The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. FAR 1.401 - ANSAn important definition to understand is "Deviation" (FAR 1.401). A deviation means any one or combination of the following: -The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. The omission of any solicitation provision or contract clause when its prescription requires its use. -The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR. -The use of a solicitation provision or contract clause prescribed by the FAR on a "substantially as follows" or "substantially the same as" basis if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR. -The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR. -The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with FAR 1.301(a). You need to document a business decision, such as the use of a specific contract type. What document will you create? - ANSA Determination and Findings At the conclusion of negotiations, the contracting officer will complete a? - ANSPrice Negotiation Memorandum Prior to negotiating a sole source contract, the contracting officer must complete a? - ANSJustification and Approval SF 26 - Award/Contract Form - ANSUsed to award negotiated contracts in which signatures of both parties on a single document is appropriate. SF 30 - Amendment of Solicitation/Modification of Contract Form - ANSUsed to amend any solicitation or modify any contract. SF 33 - Solicitation, Offer, and Award - ANSMay be used to award either negotiated contracts or contracts utilizing sealed bidding. SF 44 Purchase Order-Invoice-Voucher - ANSUsed for simplified acquisitions at or below the micro-purchase threshold, except for purchases under unusual and compelling urgency or in support of contingency operations. SF 1409 - Abstract of Offers - ANSPrescribed for use in recording bids. SF 1442, Solicitation, Offer, and Award (Construction, Alteration or Repair) - ANSUsed for soliciting offers and awarding contracts expected to exceed the simplified acquisition threshold. These acquisitions must be for: -Construction, alteration or repair; or -Dismantling, demolition, or removal of improvements. SF 1449 - Solicitation/Contract/Order for Commercial Items - ANSRequired for solicitations for commercial items if the acquisition will exceed the simplified acquisition threshold. It is encouraged for commercial acquisitions not exceeding the simplified acquisition threshold. DD 254 - Contract Security Classification Specification - ANSUsed to provide security classification guidance to U.S. contractors, and subcontractors as applicable, requiring access to information classified as "Confidential", "Secret", or "Top Secret". DD 1155 - Order for Supplies or Services - ANSUsed for placing orders under indefinite-delivery contracts or if the SF 1449 is not used under simplified acquisition procedures. DD 1547 - Record of Weighted Guidelines Application - ANSUsed to facilitate a structured approach to profit/fee analysis. DD 1861 - Contract Facilities Capital Cost of Money - ANSUsed to estimate the facilities capital cost of money and capital employed ( used in conjunction with the CASB-CMF and cost of money factors). FAR 5.101(a)(1) states that contracting officers must disseminate information on proposed contract actions as follows: - ANS-For proposed contract actions expected to exceed $25,000, by synopsizing in the Government-wide Point of Entry (GPE). -For proposed contract actions expected to exceed $15,000, but not expected to exceed $25,000. by displaying in a public place. FAR 42.501(a) - ANSstates a post award orientation aids both Government and contractor personnel to (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems. However, it is not a substitute for the contractor fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award. The Anit-Kickback Act of 1986 - ANS(now codified at 41 U.S.C. chapter 87, Kickbacks,) was passed to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or a subcontract relating to a prime contract.