PREP
Negotiations are - Answer -Exchanges in either a competitive or sole source
environment between Government and offerors with the intent of allowing the offeror to
revise its proposal.
For competitive acquisitions, they take place after the establishment of a competitive
range and are called discussions.
Pre-Award Phase - Answer -First phase of K life cycle. Involves all the work performed
by both the buyer (Government or prime contractor) and seller (contractor or
subcontractor) in communicating the buyer's requirements and providing a solution to
those requirements. Requirement defining, budgeting/funding process, and acquisition
planning. Developing a comprehensive plan for fulfilling the requirement in a timely
manner at a reasonable price.
Phases of the Contract Process - Answer -Pre-Award
Award
Post-Award
Requirement - Answer -Product or service to be bought
Pre-Award 2 Primary Activities - Answer -Develop Solicitation
Develop Offer
Solicitation Planning - Answer -Buying activity must assess the need, analyze the
requirement, make sure that contract outcomes will be measurable and properly
incentivized, and verify the availability of funds. See FAR part 7, FAR Part 11
FAR part 7 - Answer -Acquisition Planning
FAR part 11 - Answer -Describing agency needs
Market Research Requirement - Answer -Buying activities MUST conduct market
research for requirements that exceed the SAT to identify suppliers, evaluate
requirement achievability, perform pre-offer conferences /communication as required by
law See FAR part 10
Risk Analysis - Answer -SHOULD be part of solicitation planning. Perform make-or-buy
decisions, conduct a supply or services determination, understand required schedule or
need of customer. Determine need for property (buyer or seller provided) & includes IP.
Make-or-buy FAR/DFARS Sections - Answer -FAR 15.407-2
DFARS 215.407-2
,Delivery or Performance Schedules FAR subpart - Answer -FAR subpart 11.4
FAR part 45 - Answer -Government Property
DFARS part 227 - Answer -Patents, Data, Copyrights
FAR part 27 - Answer -Patents, Data, and Copyrights
Contract type (When to determine and FAR part) - Answer -Before finalizing the
solicitation.
FAR part 16 Contract types
Also see FAR parts 12,13, 14, & 15
Request an offer - Answer -Use some form of solicitation and publicize so that offerors
are aware of the opportunity. See FAR parts 12, 13, 14, & 15 for solicitation methods.
FAR part 5 for publication.
Develop Offer - Answer -By Contractor/Subcontractor, the offer must align with offeror's
overall sales plan and risk strategy. Determine which parts of the K are subcontracted.
Communicate with buying activity to ensure offeror provide a superior solution.
Award Phase - Answer -Second phase of K life cycle. Involves all the work performed
by both the buyer and seller that produces an awarded contract. and K formation.
Proposal Analysis (FAR section) - Answer -FAR 15.404
Discussions - Answer -Buyer and seller may exchange ideas; may be informal or highly
structured as needed
Protest During Award (FAR/DFARS subpart) - Answer -Far subpart 33.1 and DFARS
233.1
Post-Award/Contract Administration - Answer -3rd phase of K life cycle. Involves all the
work performed by both the buyer and seller during contract performance, to include
changes to the contract, contract close-out, and sometimes termination of a contract.
FAR part 42 - Answer -Contract Administration and Audit Services
Contract Performance - Answer -Monitoring risk and assessing its impact on K
performance. Ensure compliance with k terms and conditions and contract technical
requirements during K performance up to K closeout or termination.
Quality of K Performance (what and who's responsible) - Answer -Schedule, cost,
successful delivery is the responsibility of the seller with buyer oversight to protect
interests of the stakeholders.
,Far part 46 - Answer -Quality Assurance
FAR part 44 - Answer -Subcontracting Policies and Procedures
FAR part 43 - Answer -Contract Modifications
FAR part 49 - Answer -Termination of Ks
Contract Closeout - Answer -The process of verifying all the requirements of the
contract are satisfied, settling unresolved matters, and reconciling the contract to make
final payment.
Contract Closeout Tasks - Answer -include validation of completion of K requirements,
disposition of property, settling sub-K issues, funds reconciliation, and final payment.
Buyer completes an assessment of seller performance for future Ks .
FAR 4.804 - Answer -Covers closeout of Government K files
FAR part 45 - Answer -Government Property
Who develops a solicitation? - Answer -The Government
The buyer
Who prepares an offer? - Answer -The seller
The contractor
During the post-award phase while the contract is being performed, who has
responsibility for quality? - Answer -The seller
Acquisition - Answer -FAR 2.101: 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... - Answer -at the point when agency needs are established
Acquisition includes - Answer -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 - Answer -FAR 1.102-3: includes representatives of the technical,
supply, and procurement communities but also the customers they serve, and the
contractors who provide the products and services.
CO's role - Answer -FAR 1.102-4(a) the CO 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.
CO appointments - Answer -FAR 1.603-2 requires appointing officials 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.
COs with authority to award/administer above SAT must - Answer -Have completed all
contracting courses required for a CO 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
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) lists exceptions and amplifications to the above qualifications
CO Responsibilities - Answer -FAR 1.602-2, Contracting 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. They have a wide latitude to exercise business
judgment.
COs must - Answer -- ensure sufficient funds are available for obligation for each
contract action. (FAR 1.602-2(a))
- ensure contractors receive impartial, fair, and equitable, treatment. (FAR 1.602-2(b))
-request and consider specialists' advice (FAR 1.602-2(c))
COR Appointment - Answer -COs shall designate CORs in writing and furnish copies to
the contractor and K admin office.
FAR Guiding Principles - Answer -FAR 1.102
- Satisfy the customer in terms of cost, quality, and timeliness of the delivered product
or service.
- Minimize administrative operating costs.
- Conduct business with integrity, fairness, and openness.
- Fulfill public policy objectives.
Contractor Employee Conflict of Interest (COI) - Answer -FAR subpart 3.11
Where a contractor employee has some interest that could impair their ability to act
impartially and in the best interest of the Gov. when performing under a K.