Contracting Officer Unlimited Warrant
Board
• You are the PCO on a Fixed Price settlement for missile stands. The stands had been
designed via the government and are built to print through the contractor. The first batch of five
stands was introduced last week and there are rumblings for your office that something is
inaccurate with them. They fall over when the wind blows too tough. DCMA inspected the
stands and consents with the contractor that the specification was followed exactly. Your PM
asks you to tell the contractor to place the manufacturing on keep till a restore may be decided.
How do you continue? - ANS-Call the contractor and endorse of the state of affairs and try to
work toward a plan to decrease prices while the upcoming answer is being devised. If the
contractor is not inclined to gradual paintings on his very own, you have to recall a forestall work
order (FAR forty two.1303) which should be issued "most effective if it's far advisable to suspend
paintings pending a decision by way of the Government and a supplemental settlement
imparting for the suspension is not possible."
Issuance of a prevent-paintings order shall be accredited at a degree better than the contracting
officer.
After a good deal deliberation and evaluation, you as the CO have determined that an object
proposed as business does now not satisfy the definition in FAR 2.101(b). You ask the
contractor to submit certifiable price or pricing information, however, the contractor refuses your
request and nevertheless insists that its product is industrial. What steps might you presently
take? - ANS-Explain your function once more to the contractor, emphasizing which you are the
CO; you have the very last dedication concerning commerciality; and failure of the contractor to
submit the facts is a serious scenario. 2) Elevate the impasse to control and solicit their assist
thru the leverage they have with their contractor counterparts. Three) Examine the opportunity
of some other source (not going at this point). Four) Ask the contractor to position into writing
that the employer refuses to deliver certifiable price or pricing information and the company will
withdraw its proposal if the CO persists in figuring out that the object isn't always commercial.
Five) If the contractor does what changed into requested in bullet (4) above, the next step might
be a TINA waiver request because the authorities cannot in any other case reap the item. 6)
The TINA waiver bundle would also need to address how the charge may be decided truthful
and reasonable without the submission of certified value or pricing records AND that there are
confirmed benefits to granting the waiver. 7) Finally, increase a strategy for obtaining this item in
the destiny.
As a PCO, what styles of things could motive you to lose your warrant? - ANS-A PCO loses
their warrant upon retirement from employment, reassignment from the placement requiring a
warrant, termination of employment, or unsatisfactory performance. Terminations must be in
,writing, and requests must be submitted 30 days in advance of the requested termination in
conjunction with the cause.
As a part of your UCA Definitization time table, there may be a milestone for "Submission of a
Qualifying Proposal." What are some steps you would possibly don't forget if the contractor does
no longer comply with that milestone in a timely manner? - ANS-Submission of a qualifying
concept in accordance with the definitization agenda is a fabric detail of the settlement. If the
contractor does now not comply, suspension of development bills IAW FAR 32.503-6 can be
used. DFARS mentions other suitable actions. This ought to include mentioning the deficiency
on a resultant CPAR or other beyond performance reports.
As the Contracting Officer on a source selection you recently despatched out the attention to
unsuccessful offerors and have obtained several requests for debriefings. Some of the requests
are for pre-award debriefs and some are for put up award debriefs. What are the things you
could/may not tell the offerors in the debriefings? - ANS-At a minimum, Pre-Award debriefings
shall encompass --
(1) The employer's assessment of sizable factors inside the offeror's proposal;
(2) A summary of the intent for casting off the offeror from the competition; and
(three) Reasonable responses to applicable questions on whether or not supply choice tactics
contained within the solicitation, applicable regulations, and other relevant authorities had been
observed in the process of doing away with the offeror from the competition.
Preaward debriefings shall now not reveal --
(1) The variety of offerors;
(2) The identity of other offerors;
(three) The content material of other offerors proposals;
(4) The ranking of different offerors;
(5) The assessment of different offerors; or
(6) Any of the data prohibited in 15.506(e).
For a Post-Award
(1) The Government's evaluation of the substantial weaknesses or deficiencies inside the
offeror's concept, if relevant;
(2) The typical evaluated value or price (which include unit expenses), and technical score, if
applicable, of the a success offeror and the debriefed offeror, and beyond performance statistics
on the debriefed offeror;
(3) The universal rating of all offerors, when any rating become advanced through the agency at
some stage in the supply choice;
(four) A summary of the reason for award;
(5) For acquisitions of commercial objects, the make and model of the item to be delivered by
the successful offeror; and
(6) Reasonable responses to relevant questions about whether or not supply choice methods
contained within the solicitation, applicable rules, and other relevant authorities were
accompanied.
,The debriefing shall no longer consist of factor-by means of-point comparisons of the debriefed
offeror's inspiration with the ones of other offerors. Moreover, the debriefing shall no longer
monitor any information prohibited from disclosure through 24.202 or exempt from launch below
the Freedom of Informatio
Can a T&M contract be used for a business service? - ANS-a) Except as furnished in paragraph
(b) of this phase, groups shall use company-constant-charge contracts or constant-fee contracts
with monetary fee adjustment for the purchase of business items.
(b) (1) A time-and-materials contract or exertions-hour settlement (see Subpart sixteen.6) may
be used for the purchase of business offerings while—
(i) The service is acquired beneath a contract presented using— Competitive Procedures, Fair
Opportunity, with an completed D&F
Can the PCO cite the "Changes Clause" to growth portions on a production settlement? -
ANS-No. The Changes Clause cannot be used to increase portions on a production agreement.
(a) The Contracting Officer can also at any time, by using written order, and with out be aware to
the sureties, if any, make changes within the general scope of this settlement in someone or
greater of the following:
(1) Drawings, designs, or specifications whilst the supplies to be supplied are to be in particular
manufactured for the Government according with the drawings, designs, or specs.
(2) Method of cargo or packing.
(3) Place of shipping.
Compare and contrast price evaluation and fee analysis. Describe while each are used. -
ANS-•Cost Analysis - Review and evaluation of the separate value factors and income in a
contractor's thought and the utility of judgment to decide how properly the proposed fees
constitute what the value of the settlement have to be, assuming reasonable economy and
efficiency.
•COST ANALYSIS is needed when (licensed) cost or pricing facts are required
•May be used to assess facts aside from price or pricing data
•Price Analysis - Price evaluation is the procedure of analyzing and evaluating a proposed rate
without comparing its separate cost elements and proposed income. (15.404-1(b)(1))
•Price evaluation will be used while price or pricing records aren't required.
• (15.404-1(a)(2))
• Examples: Commercial Acquisitions, TINA Waivers, Buys much less than $700k
• Even whilst fee analysis is needed, "Price evaluation must be used to confirm that the overall
rate supplied is fair and affordable." (15.404-1(a)(three))
•Methods
-Comparison of proposed prices acquired in response to the solicitation. (Preferred)
-Comparison of formerly proposed prices and former Government and commercial contract
fees with current proposed charges (Preferred)
-Use of parametric estimating techniques/software of difficult yardsticks
-Comparison with competitive posted rate lists, published marketplace expenses of
commodities, comparable indices, and discount or rebate preparations.
-Comparison of proposed charges with impartial Government cost estimates.
, -Comparison of proposed fees with costs acquired thru marketplace studies for the identical or
similar items.
-Analysis of pricing data provided by means of the offeror
•While the techniques are very exclusive, both are evaluation techniques we use to ensure we
get truthful and reasonable expenses.
Compare and evaluation progress bills & Performance Based Payments (PBP). - ANS--PBPs do
not need approved contractor accounting device, development payments do
-both aren't problem to interest provision of Prompt Payment Act
-both are settlement financing for default purposes
-PBPs are based totally on crowning glory of events at the same time as development bills are
given based on % of incurred prices
-PBP's are capped at ninety% rate, progress charge charge varies for massive (eighty%), small
(ninety%), SDB (ninety five%)
-PBP are desired
-must agree on phrases for PBPs otherwise you lodge to development bills
-Both are for FFP contracts only.
Compliance with the Berry Amendment (choice for home strong point metals) is an extremely
warm subject matter proper now. What have to a PCO do, in each a aggressive acquisition and
sole source acquisition, when handling Pre-Award Berry Amendment non-compliance? -
ANS-Part 1: Competitive acquisitions, except such as the proper clauses inside the RFP, consist
of extra language wherein contractor must state they can comply. If offeror can not comply with
BA necessities, he can be given possibility to revise notion to bring about compliant items. RFP
should kingdom that offerors who are currently in compliance can be greater exceedingly rated.
Offerors who can't become BA compliant may be taken into consideration nonresponsive. In
situations where no offeror can emerge as compliant by the point deliveries are to be made,
then technique Domestic Non-Availability Determination (DNAD) for offeror representing
first-rate fee to the authorities. CO should use high-quality judgment in case-by-case conditions,
document choice, and/or searching for better stage advice.
Part 2: In non-competitive acquisitions, CO shall galvanize upon the contractor to comply. If
contractor encountered preceding compliance troubles, Contractor shall describe how
compliance may be carried out previous to delivery and CO shall review their plan to assure it is
sensible. Of course, while contractor is 1) now not compliant, 2) no longer able to turn out to be
compliant, or three) might not comply and exchange source isn't always to be had, a DNAD
should be processed with contractor having duty to deliver appropriate justification.
Define Certified Cost or Pricing Data. - ANS-All statistics, that as of the date of rate agreement,
or if relevant, an earlier date agreed upon among the parties it really is as near as practicable to
the date of agreement on rate, prudent buyers and dealers might fairly count on to have an
effect on rate negotiations drastically.
Define value realism. When is a price realism evaluation required? - ANS-• "Cost realism"
manner that the fees in an offeror's idea—
(1) Are realistic for the paintings to be achieved;
(2) Reflect a clear information of the necessities; and
(three) Are steady with the numerous elements of the offeror's technical idea.
Board
• You are the PCO on a Fixed Price settlement for missile stands. The stands had been
designed via the government and are built to print through the contractor. The first batch of five
stands was introduced last week and there are rumblings for your office that something is
inaccurate with them. They fall over when the wind blows too tough. DCMA inspected the
stands and consents with the contractor that the specification was followed exactly. Your PM
asks you to tell the contractor to place the manufacturing on keep till a restore may be decided.
How do you continue? - ANS-Call the contractor and endorse of the state of affairs and try to
work toward a plan to decrease prices while the upcoming answer is being devised. If the
contractor is not inclined to gradual paintings on his very own, you have to recall a forestall work
order (FAR forty two.1303) which should be issued "most effective if it's far advisable to suspend
paintings pending a decision by way of the Government and a supplemental settlement
imparting for the suspension is not possible."
Issuance of a prevent-paintings order shall be accredited at a degree better than the contracting
officer.
After a good deal deliberation and evaluation, you as the CO have determined that an object
proposed as business does now not satisfy the definition in FAR 2.101(b). You ask the
contractor to submit certifiable price or pricing information, however, the contractor refuses your
request and nevertheless insists that its product is industrial. What steps might you presently
take? - ANS-Explain your function once more to the contractor, emphasizing which you are the
CO; you have the very last dedication concerning commerciality; and failure of the contractor to
submit the facts is a serious scenario. 2) Elevate the impasse to control and solicit their assist
thru the leverage they have with their contractor counterparts. Three) Examine the opportunity
of some other source (not going at this point). Four) Ask the contractor to position into writing
that the employer refuses to deliver certifiable price or pricing information and the company will
withdraw its proposal if the CO persists in figuring out that the object isn't always commercial.
Five) If the contractor does what changed into requested in bullet (4) above, the next step might
be a TINA waiver request because the authorities cannot in any other case reap the item. 6)
The TINA waiver bundle would also need to address how the charge may be decided truthful
and reasonable without the submission of certified value or pricing records AND that there are
confirmed benefits to granting the waiver. 7) Finally, increase a strategy for obtaining this item in
the destiny.
As a PCO, what styles of things could motive you to lose your warrant? - ANS-A PCO loses
their warrant upon retirement from employment, reassignment from the placement requiring a
warrant, termination of employment, or unsatisfactory performance. Terminations must be in
,writing, and requests must be submitted 30 days in advance of the requested termination in
conjunction with the cause.
As a part of your UCA Definitization time table, there may be a milestone for "Submission of a
Qualifying Proposal." What are some steps you would possibly don't forget if the contractor does
no longer comply with that milestone in a timely manner? - ANS-Submission of a qualifying
concept in accordance with the definitization agenda is a fabric detail of the settlement. If the
contractor does now not comply, suspension of development bills IAW FAR 32.503-6 can be
used. DFARS mentions other suitable actions. This ought to include mentioning the deficiency
on a resultant CPAR or other beyond performance reports.
As the Contracting Officer on a source selection you recently despatched out the attention to
unsuccessful offerors and have obtained several requests for debriefings. Some of the requests
are for pre-award debriefs and some are for put up award debriefs. What are the things you
could/may not tell the offerors in the debriefings? - ANS-At a minimum, Pre-Award debriefings
shall encompass --
(1) The employer's assessment of sizable factors inside the offeror's proposal;
(2) A summary of the intent for casting off the offeror from the competition; and
(three) Reasonable responses to applicable questions on whether or not supply choice tactics
contained within the solicitation, applicable regulations, and other relevant authorities had been
observed in the process of doing away with the offeror from the competition.
Preaward debriefings shall now not reveal --
(1) The variety of offerors;
(2) The identity of other offerors;
(three) The content material of other offerors proposals;
(4) The ranking of different offerors;
(5) The assessment of different offerors; or
(6) Any of the data prohibited in 15.506(e).
For a Post-Award
(1) The Government's evaluation of the substantial weaknesses or deficiencies inside the
offeror's concept, if relevant;
(2) The typical evaluated value or price (which include unit expenses), and technical score, if
applicable, of the a success offeror and the debriefed offeror, and beyond performance statistics
on the debriefed offeror;
(3) The universal rating of all offerors, when any rating become advanced through the agency at
some stage in the supply choice;
(four) A summary of the reason for award;
(5) For acquisitions of commercial objects, the make and model of the item to be delivered by
the successful offeror; and
(6) Reasonable responses to relevant questions about whether or not supply choice methods
contained within the solicitation, applicable rules, and other relevant authorities were
accompanied.
,The debriefing shall no longer consist of factor-by means of-point comparisons of the debriefed
offeror's inspiration with the ones of other offerors. Moreover, the debriefing shall no longer
monitor any information prohibited from disclosure through 24.202 or exempt from launch below
the Freedom of Informatio
Can a T&M contract be used for a business service? - ANS-a) Except as furnished in paragraph
(b) of this phase, groups shall use company-constant-charge contracts or constant-fee contracts
with monetary fee adjustment for the purchase of business items.
(b) (1) A time-and-materials contract or exertions-hour settlement (see Subpart sixteen.6) may
be used for the purchase of business offerings while—
(i) The service is acquired beneath a contract presented using— Competitive Procedures, Fair
Opportunity, with an completed D&F
Can the PCO cite the "Changes Clause" to growth portions on a production settlement? -
ANS-No. The Changes Clause cannot be used to increase portions on a production agreement.
(a) The Contracting Officer can also at any time, by using written order, and with out be aware to
the sureties, if any, make changes within the general scope of this settlement in someone or
greater of the following:
(1) Drawings, designs, or specifications whilst the supplies to be supplied are to be in particular
manufactured for the Government according with the drawings, designs, or specs.
(2) Method of cargo or packing.
(3) Place of shipping.
Compare and contrast price evaluation and fee analysis. Describe while each are used. -
ANS-•Cost Analysis - Review and evaluation of the separate value factors and income in a
contractor's thought and the utility of judgment to decide how properly the proposed fees
constitute what the value of the settlement have to be, assuming reasonable economy and
efficiency.
•COST ANALYSIS is needed when (licensed) cost or pricing facts are required
•May be used to assess facts aside from price or pricing data
•Price Analysis - Price evaluation is the procedure of analyzing and evaluating a proposed rate
without comparing its separate cost elements and proposed income. (15.404-1(b)(1))
•Price evaluation will be used while price or pricing records aren't required.
• (15.404-1(a)(2))
• Examples: Commercial Acquisitions, TINA Waivers, Buys much less than $700k
• Even whilst fee analysis is needed, "Price evaluation must be used to confirm that the overall
rate supplied is fair and affordable." (15.404-1(a)(three))
•Methods
-Comparison of proposed prices acquired in response to the solicitation. (Preferred)
-Comparison of formerly proposed prices and former Government and commercial contract
fees with current proposed charges (Preferred)
-Use of parametric estimating techniques/software of difficult yardsticks
-Comparison with competitive posted rate lists, published marketplace expenses of
commodities, comparable indices, and discount or rebate preparations.
-Comparison of proposed charges with impartial Government cost estimates.
, -Comparison of proposed fees with costs acquired thru marketplace studies for the identical or
similar items.
-Analysis of pricing data provided by means of the offeror
•While the techniques are very exclusive, both are evaluation techniques we use to ensure we
get truthful and reasonable expenses.
Compare and evaluation progress bills & Performance Based Payments (PBP). - ANS--PBPs do
not need approved contractor accounting device, development payments do
-both aren't problem to interest provision of Prompt Payment Act
-both are settlement financing for default purposes
-PBPs are based totally on crowning glory of events at the same time as development bills are
given based on % of incurred prices
-PBP's are capped at ninety% rate, progress charge charge varies for massive (eighty%), small
(ninety%), SDB (ninety five%)
-PBP are desired
-must agree on phrases for PBPs otherwise you lodge to development bills
-Both are for FFP contracts only.
Compliance with the Berry Amendment (choice for home strong point metals) is an extremely
warm subject matter proper now. What have to a PCO do, in each a aggressive acquisition and
sole source acquisition, when handling Pre-Award Berry Amendment non-compliance? -
ANS-Part 1: Competitive acquisitions, except such as the proper clauses inside the RFP, consist
of extra language wherein contractor must state they can comply. If offeror can not comply with
BA necessities, he can be given possibility to revise notion to bring about compliant items. RFP
should kingdom that offerors who are currently in compliance can be greater exceedingly rated.
Offerors who can't become BA compliant may be taken into consideration nonresponsive. In
situations where no offeror can emerge as compliant by the point deliveries are to be made,
then technique Domestic Non-Availability Determination (DNAD) for offeror representing
first-rate fee to the authorities. CO should use high-quality judgment in case-by-case conditions,
document choice, and/or searching for better stage advice.
Part 2: In non-competitive acquisitions, CO shall galvanize upon the contractor to comply. If
contractor encountered preceding compliance troubles, Contractor shall describe how
compliance may be carried out previous to delivery and CO shall review their plan to assure it is
sensible. Of course, while contractor is 1) now not compliant, 2) no longer able to turn out to be
compliant, or three) might not comply and exchange source isn't always to be had, a DNAD
should be processed with contractor having duty to deliver appropriate justification.
Define Certified Cost or Pricing Data. - ANS-All statistics, that as of the date of rate agreement,
or if relevant, an earlier date agreed upon among the parties it really is as near as practicable to
the date of agreement on rate, prudent buyers and dealers might fairly count on to have an
effect on rate negotiations drastically.
Define value realism. When is a price realism evaluation required? - ANS-• "Cost realism"
manner that the fees in an offeror's idea—
(1) Are realistic for the paintings to be achieved;
(2) Reflect a clear information of the necessities; and
(three) Are steady with the numerous elements of the offeror's technical idea.
