CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
How is a warranty impacted if the Government specifies or
doesn't specify the design of the item? - <,Answers>>>If the
Government specifies the design of the end item and its
measurements, tolerances, materials, tests, or inspection
requirements, the contractor's obligations for correction of
defects is usually be limited to defects in material and
workmanship or failure to conform to specifications. If the
Government does not specify the design, the warranty extends
also to the usefulness of the design.
Where is profit allowed and not allowed under a fixed-price
contract terminated for convenience? - <,Answers>>>Profit is
allowed on preparations made and work done by the
contractor for the terminated portion of the contract but not on
the settlement expenses. Anticipatory profits and
consequential damages are not allowed. Profit is not allowed
for material or services that, as of the effective date of
termination, have not been delivered by a subcontractor,
regardless of the percentage of completion. The TCO may use
any reasonable method to arrive at a fair profit.
What additional liabilities does the contractor incur when a
fixed-price contract is terminated for default (in lieu of a
termination for convenience)? - <,Answers>>>1. The
Government is not liable for the contractor's costs on
undelivered work and is entitled to the repayment of any
advance and progress payments applicable to that work.
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
2. The contractor is liable to the Government for any excess
costs incurred in acquiring supplies and services similar to
those terminated for default.
Under a current contract, Contractor A is to do testing,
evaluation and validation of items to determine their use in a
particular area. You are the Contracting Officer on a new
source selection that will have the successful offeror
submitting items to be tested by Contractor A under the
current contract. Contractor A is one of many contractors who
have expressed interest in the new source selection. As a CO
what should you consider when determining if Contractor A
may be allowed to bid as a prime contractor on this new
source selection? - <,Answers>>>FAR 9.502(c) states "an
organizational conflict of interest may result when factors
create an actual or potential conflict of interest on an instant
contract, or when the nature of the work to be performed on
the instant contract creates an actual or potential conflict of
interest on a future acquisition." In this latter case, some
restrictions on future activities of the contractor may be
required.
In these cases, under FAR 9.504, the CO shall:
(1) analyze planned acquisitions in order to
(a) identify and evaluate potential conflicts of interests as
early in the acquisition process as possible; and
(b) avoid, neutralize, or mitigate significant potential
conflicts before contract award.
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
(2) obtain the advice of counsel and the assistance of
appropriate technical specialists in evaluating potential
conflicts and in developing any necessary solicitation
provisions and contract clauses
(3) before issuing the solicitation, recommend to the head of
the contracting activity a course of action for resolving the
conflict
(4) avoid creating unnecessary delays, burdensome
information requirements, and excessive documentation; and
(5) shall award the contract to the apparent successful offeror
unless a conflict of interest is determined to exist that cannot
be avoided or mitigated.
You get a call from the General who wants to know what
technical data rights the Air Force has in a military purpose
radar, which Company X is building for the Air Force. He
wants to compete future buys of the radar to save money. He
tells you he's pretty sure we "own" all the data since we are
paying a fortune for the radar. What do you tell him? Do you
have any questions for him? - <,Answers>>>Authority: FAR
52.227-14
The data rights the Air Force has in the radar depend upon the
extent to which the U.S. Government (DoD) paid to develop
the radar. If DoD agencies exclusively paid a contractor for
the development of the radar, the USAF would then have
"unlimited" rights in the data. If DoD funded part of the
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
development of the radar, generally speaking the USAF
would have "government purpose" rights in the data. If the
contractor exclusively funded the development of the radar
the USAF would only have "limited" rights - meaning the
USAF could not disclose this data to other contractors without
consent or in a very limited circumstances. To compete a
future effort, the USAF would need government purpose
rights or unlimited rights in the tech data.
Note: Even in an instance wherein the USAF of other DoD
agency exclusively funds the development of the radar via a
contractor, the U.S. agency would not assume ownership of
the data. The contractor "owns" the data while the USAF gets
an unlimited license to use the data
Describe, in general terms, the relationship between various
data rights under a contract for noncommercial items and
processes, and the types of funds used to develop the data? -
<,Answers>>>Authority: DFARS 227.7103-5
Generally, the Government obtains unlimited rights to data
developed exclusively with Government funds; the
Government obtains government purpose rights in data when
developed with mixed funding; the Government obtains
limited rights to data developed exclusively at private
expense.
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
How is a warranty impacted if the Government specifies or
doesn't specify the design of the item? - <,Answers>>>If the
Government specifies the design of the end item and its
measurements, tolerances, materials, tests, or inspection
requirements, the contractor's obligations for correction of
defects is usually be limited to defects in material and
workmanship or failure to conform to specifications. If the
Government does not specify the design, the warranty extends
also to the usefulness of the design.
Where is profit allowed and not allowed under a fixed-price
contract terminated for convenience? - <,Answers>>>Profit is
allowed on preparations made and work done by the
contractor for the terminated portion of the contract but not on
the settlement expenses. Anticipatory profits and
consequential damages are not allowed. Profit is not allowed
for material or services that, as of the effective date of
termination, have not been delivered by a subcontractor,
regardless of the percentage of completion. The TCO may use
any reasonable method to arrive at a fair profit.
What additional liabilities does the contractor incur when a
fixed-price contract is terminated for default (in lieu of a
termination for convenience)? - <,Answers>>>1. The
Government is not liable for the contractor's costs on
undelivered work and is entitled to the repayment of any
advance and progress payments applicable to that work.
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
2. The contractor is liable to the Government for any excess
costs incurred in acquiring supplies and services similar to
those terminated for default.
Under a current contract, Contractor A is to do testing,
evaluation and validation of items to determine their use in a
particular area. You are the Contracting Officer on a new
source selection that will have the successful offeror
submitting items to be tested by Contractor A under the
current contract. Contractor A is one of many contractors who
have expressed interest in the new source selection. As a CO
what should you consider when determining if Contractor A
may be allowed to bid as a prime contractor on this new
source selection? - <,Answers>>>FAR 9.502(c) states "an
organizational conflict of interest may result when factors
create an actual or potential conflict of interest on an instant
contract, or when the nature of the work to be performed on
the instant contract creates an actual or potential conflict of
interest on a future acquisition." In this latter case, some
restrictions on future activities of the contractor may be
required.
In these cases, under FAR 9.504, the CO shall:
(1) analyze planned acquisitions in order to
(a) identify and evaluate potential conflicts of interests as
early in the acquisition process as possible; and
(b) avoid, neutralize, or mitigate significant potential
conflicts before contract award.
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
(2) obtain the advice of counsel and the assistance of
appropriate technical specialists in evaluating potential
conflicts and in developing any necessary solicitation
provisions and contract clauses
(3) before issuing the solicitation, recommend to the head of
the contracting activity a course of action for resolving the
conflict
(4) avoid creating unnecessary delays, burdensome
information requirements, and excessive documentation; and
(5) shall award the contract to the apparent successful offeror
unless a conflict of interest is determined to exist that cannot
be avoided or mitigated.
You get a call from the General who wants to know what
technical data rights the Air Force has in a military purpose
radar, which Company X is building for the Air Force. He
wants to compete future buys of the radar to save money. He
tells you he's pretty sure we "own" all the data since we are
paying a fortune for the radar. What do you tell him? Do you
have any questions for him? - <,Answers>>>Authority: FAR
52.227-14
The data rights the Air Force has in the radar depend upon the
extent to which the U.S. Government (DoD) paid to develop
the radar. If DoD agencies exclusively paid a contractor for
the development of the radar, the USAF would then have
"unlimited" rights in the data. If DoD funded part of the
, CONTRACTING OFFICER UNLIMITED
WARRANT BOARD (2024-2025)VERIFIED
QUESTIONS AND ANSWERS.
development of the radar, generally speaking the USAF
would have "government purpose" rights in the data. If the
contractor exclusively funded the development of the radar
the USAF would only have "limited" rights - meaning the
USAF could not disclose this data to other contractors without
consent or in a very limited circumstances. To compete a
future effort, the USAF would need government purpose
rights or unlimited rights in the tech data.
Note: Even in an instance wherein the USAF of other DoD
agency exclusively funds the development of the radar via a
contractor, the U.S. agency would not assume ownership of
the data. The contractor "owns" the data while the USAF gets
an unlimited license to use the data
Describe, in general terms, the relationship between various
data rights under a contract for noncommercial items and
processes, and the types of funds used to develop the data? -
<,Answers>>>Authority: DFARS 227.7103-5
Generally, the Government obtains unlimited rights to data
developed exclusively with Government funds; the
Government obtains government purpose rights in data when
developed with mixed funding; the Government obtains
limited rights to data developed exclusively at private
expense.
