CON 3990V Study VI Questions and Complete Solutions Graded A+

CON 3990V Study VI Questions and Complete Solutions Graded A+ What is a bilateral modification? - Answer: It is a contractor modification that is signed by the contractor and the contracting officer. Bilateral modifications are used to- (1) Make negotiated equitable adjustments resulting from the issuance of a change order; (2) Definitize letter contracts; and (3) Reflect other agreements of the parties modifying the terms of contracts. What is a unilateral modification? - Answer: A unilateral modification is a contract modification that is signed only by the contracting officer. Unilateral modifications are used, for example, to- (1) Make administrative changes; (2) Issue change orders; (3) Make changes authorized by clauses other than a changes clause (e.g., Property clause, Options clause, or Suspension of Work clause); and (4) Issue termination notices. Definitization - Answer: It means the agreement on, or determination of, contract terms, specifications, and price, which converts the undefinitized contract action to a definitive contract. Definitization is the process of turning an initial contract, often referred to as a "letter contract," into a firm-fixed-price or other definite type of contract. It involves the negotiation and establishment of clear and specific contract terms, pricing, and requirements. Definitization typically occurs after the government and the contractor have gathered more information, defined the scope of work, and resolved any outstanding issues. Once definitization is complete, the contract becomes legally binding and provides a well-defined agreement for the goods or services to be provided. Undefinitized contraction actions (UCA) - Answer: UCA are those contract actions for which the contract terms, specifications, or price are not agreed upon before performance commences. Examples are letter contracts, Basic Ordering Agreements (BOA), and provisioned item orders, for which the price has not been agreed upon before performance has begun. Undefinitization is the initial phase of a contract when the government and the contractor have not yet agreed on all the terms, specifications, or prices. It often occurs when there is an urgent need to start work before all contract details can be fully negotiated and defined. Undefinitized contract actions are subject to specific limitations and rules, including a requirement to definitize within a certain timeframe. The government and the contractor must work together to gather necessary information and resolve uncertainties to definitize the contract. Time-and-Materials Contract - Answer: provides for acquiring supplies or services on the basis of- (1) Direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and (2) Actual cost for materials (except as provided for in 31.205-26(e) and (f)). 15.306 Exchanges with offerors after receipt of proposals. - Answer: (a) Clarifications and award without discussions. (1) Clarifications are limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated (b) Communications with offerors before establishment of the competitive range. Communications are exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the competitive range. (d) Exchanges with offerors after establishment of the competitive range. Negotiations are exchanges, in either a competitive or sole source environment, between the Government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. These negotiations may include bargaining. Bargaining includes persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract. When negotiations are conducted in a competitive acquisition, they take place after establishment of the competitive range and are called discussions. Determination and Findings - Answer: 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. FAR 1.701 As described in FAR parts 12, 13, 14, and 15 - to plan for negotiations the buying activity, - Answer: may ask for clarification from offerors and then develop negotiations objectives. Statement of guiding principles for the FAR is to satisfy the customer in terms of - Answer: cost, quality, and timeliness of the delivered product or services - FAR 1.102 According to the FAR a word or a term, defined in this section, has the same meaning throughout this regulation unless - Answer: another FAR part, subpart or section provides a different definition for the particular part or portion of the part - FAR 2.101(a) The KO must disseminate information on proposed contract action as follows: - Answer: 1. For proposed contract actions expected to exceed $25,000, by synopsizing in the Government-wide Point of Entry 2. For proposed contract actions expected to exceed $15,000, but not exceed $25,000, by displaying in a public place - FAR 5.101(a)(1) The Anti-Kickback Act of 1986 - Answer: was passed to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or a subcontract relating to a prime contract. If an agency official, participating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold, contacts or is contacted by a person who is an offeror in that Federal agency procurement regarding possible non-Federal employment for that official, the official must- - Answer: promptly report the contact in writing to the official's supervisor and the agency ethics official strategic market research vs. tactical market research - Answer: Strategic market research is conducted continuously throughout the acquisition process while tactical market research is conducted at specific points during the acquisition process, which will vary with the scope and complexity of the acquisition.. Contracting officers SHALL provide property to contractors only when it is clearly demonstrated: - Answer: 1. To be in the Government's best interest; 2. That the overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal; 3. That Government requirements cannot otherwise be met. 4. That providing the property does not substantially increase the Government's assumption of risk. Methods of Industry Engagement: - Answer: 1. "Sources Sought" solicitation 2. Request for Information (RFI) distribution 3. Pre-Solicitation Conference or Industry Day 4. One-on-one interactions 5. Solicitation of feedback on Draft RFP Commercial product is defined as: - Answer: o A product, other than real property, that is of a type customarily used by the general public o or by nongovernmental entities for purposes other than governmental purposes, and- o (i) Has been sold, leased, or licensed to the general public; or o (ii) Has been offered for sale, lease, or license to the general public; FAR Part 12 does not apply to the acquisition of commercial items: - Answer: o At or below the micro-purchase threshold. o Using the Standard Form 44 (see FAR 13.306). o Using the imprest fund (see FAR 13.305). o Using the Government-wide commercial purchase card as a method of purchase o rather than only as a method of payment. o Directly from another Federal agency Cost-reimbursement types of contracts require - Answer: the contractor to put forth a 'best effort' to perform, and provide for payment of the contractor's allowable, allocable, and reasonable incurred costs. Fixed-Price Economic Price Adjustment Contracts is used when: - Answer: o Market or labor conditions are projected to be unstable during an extended contract performance period. o The risk stems from industry-wide contingencies beyond the contractor's control. o The dollars at risk outweigh the administrative burdens of an FPEPA. Cost-reimbursement contracts allows the Government to assume more risk. - Answer: o Research and development o Major system development o Prototype development and testing o Low rate initial production Solicitations using the uniform contract format shall include Parts I, II, III, and IV (see FAR 15.204-2 through FAR 15.204-5). Upon award, contracting officers shall not physically include - Answer: Part IV in the resulting contract, but shall retain it in the contract file. (See 4.1201(c).) Prior to the release of a solicitation, _______ shall approve the source selection strategy or acquisition plan, if applicable. (FAR 15.303(b)(2)) - Answer: the source selection authority The seven circumstances permitting other than full and open competition are as follows: - Answer: o Only one responsible source and no other supplies or services will satisfy agency requirements o Unusual and compelling urgency o Industrial mobilization; engineering, developmental, or research capability; or expert services- o International Agreement o Authorized or required by statute o National Security o Public Interest A solicitation provision might tell a potential offeror how - Answer: it's proposal will be evaluated and considered for selection for award. A price is based on adequate price competition when there are - Answer: two or more responsible offerors, competing independently - FAR 15.403-1(c)(1)(i) Price analysis is used when - Answer: certified cost or pricing data are not required. Cost analysis is used to evaluate - Answer: the reasonableness of individual cost elements when certified cost or pricing data are required. Price analysis is the process of - Answer: examining and evaluating a proposed price without evaluating its separate cost elements and proposed profit - FAR 15.404-1(b) Cost realism analyses shall be performed on - Answer: cost-reimbursement contracts to determine the probable cost of performance for each offeror.