CORB || with certified answers.
The Source Selection Decision Document for a construction Request for Proposal has just been
signed and you now notice that the Davis-Bacon wage rate has just been modified. The award
has not yet been signed by the contracting officer. What do you do? correct answers You need to
issue an amendment to all the offerors in the competitive range and provide them an opportunity
to revise their pricing. Wage rates need to be up-to-date as of Day of Contract award for
construction RFPs (FAR 22.404-6(c)).
You are the KO in a Source Selection and your higher leadership is now giving you direction
which you believe is contrary to your legal guidance. How do you handle and what would you
do? correct answers Discuss with leadership the reasoning for going the other way; discuss
leaderships reasoning with legal; if still not sold, offer your reasoning for not agreeing with their
proposed approach (follow-up with an email); if leadership "requires" their approach to be taken,
have specialist work up contract in accordance with leadership approach; request that leadership
sign off on contract and all associated documents; NEVER SIGN A CONTRACT YOU DO NOT
FEEL COMFORTABLE SIGNING. MGT CANNOT MAKE YOU SIGN ANYTHING YOU
FEEL IS NOT RIGHT. Get to YES.
Explain the difference between an offeror's experience and an offeror's past performance correct
answers Should indicate that experience reflects WHAT an offeror has done (similar to a resume)
and past performance reflects HOW WELL the offeror performed the work (similar to a
performance appraisal).
A legally binding contract must contain what elements? correct answers Must involve two or
more parties that have the capacity to contract. Must show agreement, including offer,
acceptance, and mutual assent. Must show something of value changing hands between the
parties to a contract, or other inducement that leads a person to make a promise. Must be for a
legal purpose. Must be in the correct form
Explain the "Bona Fide Needs" rule. correct answers The Bona Fide Need rule (law) requires
appropriated funds be used only for goods and services for which a need arises during the period
of that appropriation's availability for obligation. The bona fide needs rule is a rule of
appropriations law. It mandates that a fiscal year's appropriations be obligated only to meet a
legitimate-or bona fide-need arising in (for sometimes before) the fiscal year for which the
,appropriation was made. It restricts this year's appropriated funds from being used to fund next
fiscal year's requirements. For example, annual funds (such as operations and maintenance
funding) appropriated for fiscal year (FY) 2014 are to be used to fund legitimate or genuine
FY2014 needs and are not to be used to fund a need the agency won't actually have until FY2015
What is the order of precedence for a solicitation or contract in accordance with FAR 52.215-8?
For example, the specifications require a different item than is stated in the Schedule (Section B).
What does the contractor use correct answers Schedule (excluding specifications);
representations and certifications; contract clauses; other document, exhibits, and attachments;
the specifications
Once all receivables have been delivered/completed and verified by the customer/COR, the ACO
or KO reviews the contract files for remaining closeout actions. Why is contract closeout so
important? What actions need to be taken in closeout? correct answers Extremely important
because excess funds may need to be deobligated; in addition, many types of contracts require
the withholding of final payments, which can amount to large sums of money for the Contractor
(cash flow issue).
On a full and open competitive negotiated acquisition, you have received five proposals and
determined that discussions are needed, what is the process of determining which offerors are in
the competitive range for these discussions? correct answers The Government evaluated
proposals and determined which were the most highly rated and eligible for inclusion in the
competitive range relying on the merits of each offer. The merits of each offer were determined
on the basis of: (1) The quality of the technical proposal based on the ratings of each proposal
against all evaluation criteria. (2) The proposed cost/prices. Those proposals not included in the
competitive range will receive no further consideration and will be notified of this in accordance
with FAR Part 15.503
What is an unauthorized commitment? What steps do you take in evaluating, processing and
approving an unauthorized commitment correct answers An unauthorized commitment is means
an agreement that is not binding solely because the Government representative who made it
lacked the authority to enter into that agreement on behalf of the Government. The act of
approving an unauthorized commitment is called a ratification. Unauthorized commitments may
be ratified only when the conditions of FAR 1.602-3(c) are met. a) Use of appropriated funds, b)
Provided to or accepted by the Government - received a benefit, c) Ratification official has the
authority to ratify, d) Resulting contract must otherwise be proper, e) Price must be fair &
, reasonable, f) Funds are available and were available at the time the action occurred, g) The CO
recommends payments, h) It is IAW other requirements and limitations
What do you envision is the role of your CORs? When are you required to appoint one? What
authorities are you allowed to delegate to your COR? What authorities are not delegable to the
COR correct answers A Contracting Officer's Representative (COR) is an individual designated
by the Contracting Officer to act as their representative in the technical monitoring and
surveillance of a contract. These individuals serve as subject matter experts and perform
surveillance of a contract to insure that the goods and services obtained meet the government's
acceptance standards. A COR may be designated other administration duties by the contracting
officer. A COR should be nominated by the requirements official as early as practicable in the
acquisition process. A COR assist in the technical monitoring or administration of a contract. (A)
Contracting officers shall designate a COR for all service contracts, including both firm-fixed-
price and other than firm-fixed-price contracts, awarded by a DoD component or by any other
Federal agency on behalf of DoD. The surveillance activities performed by CORs should be
tailored to the dollar value/complexity of the specific contract for which they are designated. The
COR does not have the authority to take any action, either directly or indirectly, that could
change the price/cost or fee, quantity, quality, scope, delivery schedule, labor mix or other terms
and conditions of the contract and/or task order. Only the contracting officer has the authority to
make such changes. CORs do not have contractual authority to issue directions or changes to any
contract or purchase order that affects price, quality, quantity, delivery, or any other aspect that
will change the terms and conditions of the contract. In cases where changes have been made by
unauthorized personnel, the Procuring Contracting Officer (PCO) must be immediately notified.
The PCO will then determine if the work performed was within the scope of the original
contract. If the work is determined to be outside the scope of the con
Your contractor presents you with a request for equitable adjustment (claim). Describe your
process/steps that you will take in evaluating, processing and approving a claim? correct answers
First you should notify your attorney that you have received an Request for Equitable
Adjustment (REA). Then, you will need to determine whether the contractor's request has any
merit. If you determine that the request has merit, you may attempt to negotiate a settlement with
the contractor, involving your attorney as you deem necessary. If negotiating with the contractor
is difficult, and the involvement of your program counsel has not helped, you may refer the case
to legal for formal Alternative Dispute Resolution (ADR). Formal ADR can be accomplished
either before or after the issuance of a final decision. If you determine that the REA is without
merit, you may still attempt to discuss the issues with the contractor prior to issuing the PCO's
final decision. Once a stalemate has occurred and the claim can't be resolved at the PCO level, a
final decision is issued and an appeal is processed. KO final decision.
The Source Selection Decision Document for a construction Request for Proposal has just been
signed and you now notice that the Davis-Bacon wage rate has just been modified. The award
has not yet been signed by the contracting officer. What do you do? correct answers You need to
issue an amendment to all the offerors in the competitive range and provide them an opportunity
to revise their pricing. Wage rates need to be up-to-date as of Day of Contract award for
construction RFPs (FAR 22.404-6(c)).
You are the KO in a Source Selection and your higher leadership is now giving you direction
which you believe is contrary to your legal guidance. How do you handle and what would you
do? correct answers Discuss with leadership the reasoning for going the other way; discuss
leaderships reasoning with legal; if still not sold, offer your reasoning for not agreeing with their
proposed approach (follow-up with an email); if leadership "requires" their approach to be taken,
have specialist work up contract in accordance with leadership approach; request that leadership
sign off on contract and all associated documents; NEVER SIGN A CONTRACT YOU DO NOT
FEEL COMFORTABLE SIGNING. MGT CANNOT MAKE YOU SIGN ANYTHING YOU
FEEL IS NOT RIGHT. Get to YES.
Explain the difference between an offeror's experience and an offeror's past performance correct
answers Should indicate that experience reflects WHAT an offeror has done (similar to a resume)
and past performance reflects HOW WELL the offeror performed the work (similar to a
performance appraisal).
A legally binding contract must contain what elements? correct answers Must involve two or
more parties that have the capacity to contract. Must show agreement, including offer,
acceptance, and mutual assent. Must show something of value changing hands between the
parties to a contract, or other inducement that leads a person to make a promise. Must be for a
legal purpose. Must be in the correct form
Explain the "Bona Fide Needs" rule. correct answers The Bona Fide Need rule (law) requires
appropriated funds be used only for goods and services for which a need arises during the period
of that appropriation's availability for obligation. The bona fide needs rule is a rule of
appropriations law. It mandates that a fiscal year's appropriations be obligated only to meet a
legitimate-or bona fide-need arising in (for sometimes before) the fiscal year for which the
,appropriation was made. It restricts this year's appropriated funds from being used to fund next
fiscal year's requirements. For example, annual funds (such as operations and maintenance
funding) appropriated for fiscal year (FY) 2014 are to be used to fund legitimate or genuine
FY2014 needs and are not to be used to fund a need the agency won't actually have until FY2015
What is the order of precedence for a solicitation or contract in accordance with FAR 52.215-8?
For example, the specifications require a different item than is stated in the Schedule (Section B).
What does the contractor use correct answers Schedule (excluding specifications);
representations and certifications; contract clauses; other document, exhibits, and attachments;
the specifications
Once all receivables have been delivered/completed and verified by the customer/COR, the ACO
or KO reviews the contract files for remaining closeout actions. Why is contract closeout so
important? What actions need to be taken in closeout? correct answers Extremely important
because excess funds may need to be deobligated; in addition, many types of contracts require
the withholding of final payments, which can amount to large sums of money for the Contractor
(cash flow issue).
On a full and open competitive negotiated acquisition, you have received five proposals and
determined that discussions are needed, what is the process of determining which offerors are in
the competitive range for these discussions? correct answers The Government evaluated
proposals and determined which were the most highly rated and eligible for inclusion in the
competitive range relying on the merits of each offer. The merits of each offer were determined
on the basis of: (1) The quality of the technical proposal based on the ratings of each proposal
against all evaluation criteria. (2) The proposed cost/prices. Those proposals not included in the
competitive range will receive no further consideration and will be notified of this in accordance
with FAR Part 15.503
What is an unauthorized commitment? What steps do you take in evaluating, processing and
approving an unauthorized commitment correct answers An unauthorized commitment is means
an agreement that is not binding solely because the Government representative who made it
lacked the authority to enter into that agreement on behalf of the Government. The act of
approving an unauthorized commitment is called a ratification. Unauthorized commitments may
be ratified only when the conditions of FAR 1.602-3(c) are met. a) Use of appropriated funds, b)
Provided to or accepted by the Government - received a benefit, c) Ratification official has the
authority to ratify, d) Resulting contract must otherwise be proper, e) Price must be fair &
, reasonable, f) Funds are available and were available at the time the action occurred, g) The CO
recommends payments, h) It is IAW other requirements and limitations
What do you envision is the role of your CORs? When are you required to appoint one? What
authorities are you allowed to delegate to your COR? What authorities are not delegable to the
COR correct answers A Contracting Officer's Representative (COR) is an individual designated
by the Contracting Officer to act as their representative in the technical monitoring and
surveillance of a contract. These individuals serve as subject matter experts and perform
surveillance of a contract to insure that the goods and services obtained meet the government's
acceptance standards. A COR may be designated other administration duties by the contracting
officer. A COR should be nominated by the requirements official as early as practicable in the
acquisition process. A COR assist in the technical monitoring or administration of a contract. (A)
Contracting officers shall designate a COR for all service contracts, including both firm-fixed-
price and other than firm-fixed-price contracts, awarded by a DoD component or by any other
Federal agency on behalf of DoD. The surveillance activities performed by CORs should be
tailored to the dollar value/complexity of the specific contract for which they are designated. The
COR does not have the authority to take any action, either directly or indirectly, that could
change the price/cost or fee, quantity, quality, scope, delivery schedule, labor mix or other terms
and conditions of the contract and/or task order. Only the contracting officer has the authority to
make such changes. CORs do not have contractual authority to issue directions or changes to any
contract or purchase order that affects price, quality, quantity, delivery, or any other aspect that
will change the terms and conditions of the contract. In cases where changes have been made by
unauthorized personnel, the Procuring Contracting Officer (PCO) must be immediately notified.
The PCO will then determine if the work performed was within the scope of the original
contract. If the work is determined to be outside the scope of the con
Your contractor presents you with a request for equitable adjustment (claim). Describe your
process/steps that you will take in evaluating, processing and approving a claim? correct answers
First you should notify your attorney that you have received an Request for Equitable
Adjustment (REA). Then, you will need to determine whether the contractor's request has any
merit. If you determine that the request has merit, you may attempt to negotiate a settlement with
the contractor, involving your attorney as you deem necessary. If negotiating with the contractor
is difficult, and the involvement of your program counsel has not helped, you may refer the case
to legal for formal Alternative Dispute Resolution (ADR). Formal ADR can be accomplished
either before or after the issuance of a final decision. If you determine that the REA is without
merit, you may still attempt to discuss the issues with the contractor prior to issuing the PCO's
final decision. Once a stalemate has occurred and the claim can't be resolved at the PCO level, a
final decision is issued and an appeal is processed. KO final decision.
