CON 3910 CONTRACTING CERTIFICATION EXAM
PREP QUESTIONS
The contracting process consists of three Contract Life Cycle Phases: - Answer -Pre-
award, Award, and Post-award.
The first contract life cycle phase is Pre-Award - Answer -The pre-award phase
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 (product or service to be
bought) definition, the budgeting/funding process, and acquisition planning typically start
before the contracting process.
The pre-award phase consists of two primary activities: - Answer -Develop Solicitation
Develop Offer
There is one activity in the award phase. - Answer -Form Contract
The post-award phase (sometimes called contract administration) is comprised of two
primary activities: - Answer -Perform Contract
Close Contract
Define Acquisition - Answer -FAR 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.
Role of CO/KO - Answer -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.
Contracting Officer Responsibilities - Answer -According to 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.
In order to perform these responsibilities, contracting officers should be allowed wide
latitude to exercise business judgment. Accordingly, the following list (although not all
inclusive) describes some of the responsibilities of a Contracting Officer:
,Ensure Sufficient Funds
Dealing with Contractors
Request Assistance, as Appropriate
Contracting Officer Representative (COR)
One way to overcome personal bias in Defense contracting is to ground each decision
in the FAR 1.102 statement of guiding principles for the Federal Acquisition System.
The FAR says the System will: - Answer -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.
What FAR part can you find personal conflict of interest - Answer -FAR part 3
What FAR part can you find Organizational conflict of interest - Answer -FAR part 9
FAR 1.102-4(e) - Answer -contracting officers "should take the lead in encouraging
business process innovations and ensuring that business decisions are sound.
FAR 1.102-2(c)(2) tells us - Answer -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.
Instructs that the business of acquisition should be conducted with openness. - Answer
-FAR 1.102-2(c)
Goes 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. - Answer -FAR
1.102-2(c)(1)
1.102-2 Performance standards. - Answer -tells 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 subpart 4.8 provides guidance on establishing, maintaining, and disposing of
Government contract files. - Answer -This subpart prescribes requirements for
establishing, maintaining, and disposing of contract files.
define Determinations and Findings (FAR 1.701) - Answer -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.
describe FAR 6.303-1(a)
(J&A - Justification and Approval) - Answer -(a) A contracting officer shall not
commence negotiations for a sole source contract, commence negotiations for a
contract resulting from an unsolicited proposal, or award any other contract without
providing for full and open competition unless the contracting officer-
(1) Justifies, if required in 6.302, the use of such actions in writing;
(2) Certifies the accuracy and completeness of the justification; and
(3) Obtains the approval required by 6.304.
Deviation (FAR 1.401) - Answer -Deviation means any one or combination of the
following:
(a) The issuance or use of a policy, procedure, solicitation provision (see definition in
2.101), contract clause (see definition in 2.101), method, or practice of conducting
acquisition actions of any kind at any stage of the acquisition process that is
inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription
requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate
language that is not authorized by the FAR (see definition of "modification" in 52.101(a)
and definition of "alternate" in 2.101).
(d) The use of a solicitation provision or contract clause prescribed by the FAR on a
"substantially as follows" or "substantially the same as" basis (see definitions in 2.101
and 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the
prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation
provision, contract clause, policy, or procedure prescribed by the FAR.
(f) 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 1.301(a).
Documenting negotiations - Answer -The purpose of the negotiation.
•
A description of the acquisition, including appropriate identifying numbers (e.g., RFP
No.).
, •
The name, position, and organization of each person representing the contractor and
the Government in the negotiation.
•
The current status of any contractor systems (e.g., purchasing, estimating, accounting,
and compensation) to the extent they affected and were considered in the negotiation.
•
If certified cost or pricing data were not required in the case of any price negotiation
exceeding the certified cost or pricing data threshold, the exception used and the basis
for it.
•
If certified cost or pricing data were required, the extent to which the contracting officer-
•Relied on the certified cost or pricing data submitted and used them in negotiating the
price;
•Recognized as inaccurate, incomplete, or noncurrent any certified cost or pricing data
submitted; the action taken by the contracting officer and the contractor as a result; and
the effect of the defective data on the price negotiated; or
•Determined that an exception applied after the data were submitted and, therefore,
considered not to be certified cost or pricing data.
•
A summary of the contractor's proposal, any field pricing assistance recommendations,
including the reasons for any pertinent variances from them, the Government's
negotiation objective, and the negotiated position. Where the determination of a fair and
reasonable price is based on cost analysis, the summary shall address each major cost
element. When determination of a fair and reasonable price is based on price analysis,
the summary shall include the source and type of data used to support the
determination.
You need to document a business decision, such as the use of a specific contract type.
What document will you create? - Answer -A Determination and Findings
At the conclusion of negotiations, the contracting officer will complete a - Answer -Price
Negotiation Memorandum
Prior to negotiating a sole source contract, the contracting officer must complete a -
Answer -Justification and Approval
In addition to the common documents outlined above, you need to be familiar with a
variety of forms commonly used in DoD contracting. We will break these out by type and
purpose: - Answer -
When communicating with industry, FAR 4.502 states - Answer -in part, that the
Contracting Officers shall use electronic commerce whenever practicable or cost-
effective.
PREP QUESTIONS
The contracting process consists of three Contract Life Cycle Phases: - Answer -Pre-
award, Award, and Post-award.
The first contract life cycle phase is Pre-Award - Answer -The pre-award phase
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 (product or service to be
bought) definition, the budgeting/funding process, and acquisition planning typically start
before the contracting process.
The pre-award phase consists of two primary activities: - Answer -Develop Solicitation
Develop Offer
There is one activity in the award phase. - Answer -Form Contract
The post-award phase (sometimes called contract administration) is comprised of two
primary activities: - Answer -Perform Contract
Close Contract
Define Acquisition - Answer -FAR 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.
Role of CO/KO - Answer -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.
Contracting Officer Responsibilities - Answer -According to 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.
In order to perform these responsibilities, contracting officers should be allowed wide
latitude to exercise business judgment. Accordingly, the following list (although not all
inclusive) describes some of the responsibilities of a Contracting Officer:
,Ensure Sufficient Funds
Dealing with Contractors
Request Assistance, as Appropriate
Contracting Officer Representative (COR)
One way to overcome personal bias in Defense contracting is to ground each decision
in the FAR 1.102 statement of guiding principles for the Federal Acquisition System.
The FAR says the System will: - Answer -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.
What FAR part can you find personal conflict of interest - Answer -FAR part 3
What FAR part can you find Organizational conflict of interest - Answer -FAR part 9
FAR 1.102-4(e) - Answer -contracting officers "should take the lead in encouraging
business process innovations and ensuring that business decisions are sound.
FAR 1.102-2(c)(2) tells us - Answer -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.
Instructs that the business of acquisition should be conducted with openness. - Answer
-FAR 1.102-2(c)
Goes 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. - Answer -FAR
1.102-2(c)(1)
1.102-2 Performance standards. - Answer -tells 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 subpart 4.8 provides guidance on establishing, maintaining, and disposing of
Government contract files. - Answer -This subpart prescribes requirements for
establishing, maintaining, and disposing of contract files.
define Determinations and Findings (FAR 1.701) - Answer -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.
describe FAR 6.303-1(a)
(J&A - Justification and Approval) - Answer -(a) A contracting officer shall not
commence negotiations for a sole source contract, commence negotiations for a
contract resulting from an unsolicited proposal, or award any other contract without
providing for full and open competition unless the contracting officer-
(1) Justifies, if required in 6.302, the use of such actions in writing;
(2) Certifies the accuracy and completeness of the justification; and
(3) Obtains the approval required by 6.304.
Deviation (FAR 1.401) - Answer -Deviation means any one or combination of the
following:
(a) The issuance or use of a policy, procedure, solicitation provision (see definition in
2.101), contract clause (see definition in 2.101), method, or practice of conducting
acquisition actions of any kind at any stage of the acquisition process that is
inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription
requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate
language that is not authorized by the FAR (see definition of "modification" in 52.101(a)
and definition of "alternate" in 2.101).
(d) The use of a solicitation provision or contract clause prescribed by the FAR on a
"substantially as follows" or "substantially the same as" basis (see definitions in 2.101
and 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the
prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation
provision, contract clause, policy, or procedure prescribed by the FAR.
(f) 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 1.301(a).
Documenting negotiations - Answer -The purpose of the negotiation.
•
A description of the acquisition, including appropriate identifying numbers (e.g., RFP
No.).
, •
The name, position, and organization of each person representing the contractor and
the Government in the negotiation.
•
The current status of any contractor systems (e.g., purchasing, estimating, accounting,
and compensation) to the extent they affected and were considered in the negotiation.
•
If certified cost or pricing data were not required in the case of any price negotiation
exceeding the certified cost or pricing data threshold, the exception used and the basis
for it.
•
If certified cost or pricing data were required, the extent to which the contracting officer-
•Relied on the certified cost or pricing data submitted and used them in negotiating the
price;
•Recognized as inaccurate, incomplete, or noncurrent any certified cost or pricing data
submitted; the action taken by the contracting officer and the contractor as a result; and
the effect of the defective data on the price negotiated; or
•Determined that an exception applied after the data were submitted and, therefore,
considered not to be certified cost or pricing data.
•
A summary of the contractor's proposal, any field pricing assistance recommendations,
including the reasons for any pertinent variances from them, the Government's
negotiation objective, and the negotiated position. Where the determination of a fair and
reasonable price is based on cost analysis, the summary shall address each major cost
element. When determination of a fair and reasonable price is based on price analysis,
the summary shall include the source and type of data used to support the
determination.
You need to document a business decision, such as the use of a specific contract type.
What document will you create? - Answer -A Determination and Findings
At the conclusion of negotiations, the contracting officer will complete a - Answer -Price
Negotiation Memorandum
Prior to negotiating a sole source contract, the contracting officer must complete a -
Answer -Justification and Approval
In addition to the common documents outlined above, you need to be familiar with a
variety of forms commonly used in DoD contracting. We will break these out by type and
purpose: - Answer -
When communicating with industry, FAR 4.502 states - Answer -in part, that the
Contracting Officers shall use electronic commerce whenever practicable or cost-
effective.
