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FAC exam prep by FAR Parts 1-15 > FAR Part 12 Deck 1 > Flashcards

FAR Part 12 Deck 1 Flashcards

(73 cards)

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1
Q

What is the scope of Part 12?

A

This part prescribes policies and procedures unique to the acquisition of commercial products and services

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2
Q

Define subcontract as used in Part 12

A

Includes, but is not limited to, a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor

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3
Q

What must the head of the agency conduct according to 12.101?

A

Market research to determine the availability of commercial products, commercial services, or nondevelopmental items

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4
Q

According to 12.102, when should this part be used?

A

For the acquisition of supplies or services that meet the definitions of ‘commercial product’ or ‘commercial service’

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5
Q

What is the definition of commercially available off-the-shelf (COTS) items?

A

Defined in 2.101, with policies applicable to commercial products also applying to COTS items

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6
Q

What are the general requirements for the acquisition of commercial products and services outlined in 12.201?

A

Identify special requirements that resemble those in the commercial marketplace for proper planning, solicitation, evaluation, and award

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7
Q

What is the purpose of market research as stated in 12.202?

A

To establish the foundation for the agency description of need, solicitation, and resulting contract

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8
Q

What should the description of agency need contain?

A

Sufficient detail for potential offerors to know which commercial products or services may be suitable

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9
Q

What is the focus of 12.203 regarding solicitation and evaluation?

A

To use policies unique to the acquisition of commercial products and services in conjunction with other acquisition procedures

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10
Q

What form should be used for solicitation/contract according to 12.204?

A

Standard Form 1449, if the acquisition exceeds the simplified acquisition threshold

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11
Q

What should contracting officers allow regarding offers in 12.205?

A

Offerors to propose multiple offers that will meet a Government need

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12
Q

What is the role of past performance in evaluations as stated in 12.206?

A

An important element for evaluation and contract award for commercial products and services

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13
Q

What type of contracts should agencies use for commercial products or services according to 12.207?

A

Firm-fixed-price contracts or fixed-price contracts with economic price adjustment

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14
Q

Under what conditions can a time-and-materials contract be used according to 12.207?

A

When the service is acquired under competitive procedures and a determination and findings (D&F) are executed

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15
Q

What is the significance of 12.212 regarding computer software?

A

Addresses the acquisition of computer software as part of commercial products and services

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16
Q

What does 12.215 address?

A

Notification of overpayment

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17
Q

What does 12.216 state about unauthorized obligations?

A

It addresses the unenforceability of unauthorized obligations

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18
Q

What are the streamlined procedures outlined in 12.602?

A

Streamlined evaluation of offers

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19
Q

What is required in the determination and findings (D&F) for time-and-materials contracts according to 12.207?

A

Sufficient facts and rationale to justify that no other contract type is suitable

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20
Q

True or False: This part applies to acquisitions directly from another Federal agency.

A

False

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21
Q

Fill in the blank: The definition of commercial product uses the phrase ‘purposes other than _______’.

A

[governmental purposes]

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22
Q

What is the applicability of certain laws to agency contracts according to 12.503?

A

Outlines laws not applicable to contracts for the acquisition of commercial products and services

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23
Q

What must contracting officers ensure when using the lowest price technically acceptable process as per 12.203?

A

Criteria at 15.101-2(c) are met

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24
Q

What is the primary focus of Subpart 12.3?

A

Solicitation provisions and contract clauses for the acquisition of commercial products and services

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25
What does 12.301 specify about solicitation provisions?
Outlines provisions and clauses for the acquisition of commercial products and services
26
What is the basis for pricing in indefinite-delivery contracts?
Time-and-materials or labor-hour basis ## Footnote Contracting officers should structure contracts to allow for firm-fixed-price orders when practicable.
27
What must contracting officers execute for each order placed on a time-and-materials or labor-hour basis?
D&F required by paragraph (b)(2) ## Footnote D&F stands for Determination and Findings.
28
What should the D&F explain if an indefinite-delivery contract only allows time-and-materials or labor-hour orders?
Why an alternative pricing structure is not practicable ## Footnote This D&F must be approved one level above the contracting officer.
29
Can contract types authorized by this subpart be used with award fees?
Yes, when based solely on factors other than cost ## Footnote Refer to 16.202-1 and 16.203-1 for more details.
30
What is prohibited when acquiring commercial products or services?
Use of contract types other than those authorized by this subpart ## Footnote This applies specifically to commercial products or services.
31
What is the reliance on contractors' quality assurance systems for commercial products?
Substitute for Government inspection and testing ## Footnote Government shall rely on contractors to ensure conformity before tender.
32
What factors can affect the pricing of commercial products and services?
* Speed of delivery * Length and extent of warranty * Limitations of seller's liability * Quantities ordered * Length of performance period * Specific performance requirements
33
What does customary market practice for some commercial products include?
Buyer contract financing ## Footnote Government financing can be offered in accordance with part 32 policies.
34
What technical data rights does the Government acquire under commercial contracts?
Only those customarily provided to the public ## Footnote Data is presumed to be developed exclusively at private expense.
35
What licenses are commercial computer software acquired under?
Licenses customarily provided to the public ## Footnote Must be consistent with Federal law and satisfy Government needs.
36
What should contracting officers consider regarding terms and conditions in commercial acquisitions?
Balance interests of both buyer and seller ## Footnote Market research may indicate other practices that could be incorporated.
37
When do Cost Accounting Standards (CAS) not apply?
To firm-fixed-price or fixed-price with economic price adjustment contracts for commercial products or services ## Footnote Exceptions exist for price adjustments based on actual costs incurred.
38
What should contracting officers do if notified of a duplicate payment or overpayment?
Follow procedures at 32.604 ## Footnote Ensures proper handling of financial discrepancies.
39
What common agreements may apply to supplies or services acquired?
Supplier license agreements ## Footnote These may include EULAs or Terms of Service.
40
What is the purpose of the scope established in subpart 12.300?
To establish provisions and clauses for acquiring commercial products and services
41
What is the maximum extent of clauses included in contracts for commercial products?
Only those required by law or consistent with customary commercial practice
42
What instruction set is provided in provision 52.212-1?
Instructions to Offerors-Commercial Products and Commercial Services
43
What does clause 52.212-4 include?
Contract Terms and Conditions-Commercial Products and Commercial Services
44
What is required for the contracting officer when using evaluation factors?
Insert provision 52.212-2 in solicitations for commercial products or services
45
What must contracting officers use when acquiring commercial products or services?
Only the provisions and clauses prescribed in this part
46
What is the purpose of the provision at 52.204-7?
System for Award Management ## Footnote It is prescribed in 4.1105(a).
47
What is the discretionary use of FAR provisions and clauses?
Contracting officer may include additional clauses when consistent with 12.302
48
What may agencies supplement in the acquisition of commercial products or services?
Agencies may supplement the provisions and clauses as necessary to reflect agency unique statutes applicable to the acquisition of commercial products or services or as approved by the agency senior procurement executive. ## Footnote This is without power of delegation.
49
What is the purpose of the provisions and clauses established in subpart 12?
They are intended to address commercial market practices for Government acquisitions of commercial products and services. ## Footnote Tailoring may occur based on market research.
50
Which paragraphs of clause 52.212-4 cannot be tailored?
* Assignments * Disputes * Payment (with exceptions) * Invoice * Other compliances * Compliance with laws unique to Government contracts * Unauthorized obligations ## Footnote These reflect statutory requirements.
51
Can contracting officers tailor clauses in a manner inconsistent with customary commercial practice?
No, unless a waiver is approved in accordance with agency procedures. ## Footnote A waiver must describe the customary practice and support the need for the inconsistent term.
52
What is the standard format for solicitations and contracts for commercial products or services?
* Standard Form (SF) 1449 * Continuation of any block from SF 1449 * Contract clauses (e.g., 52.212-4) * Any contract documents, exhibits or attachments * Solicitation provisions (e.g., 52.212-1) ## Footnote This format aims to maximize practicality.
53
What guidance does subpart 12.4 provide?
It provides guidance regarding tailoring paragraphs in clause 52.212-4 when they do not reflect customary practices and on the administration of contracts for commercial products or services. ## Footnote It addresses differences in terms and conditions.
54
What is the assumption behind the acceptance paragraph in 52.212-4?
The Government will rely on the contractor's assurances that the commercial product or service conforms to contract requirements. ## Footnote The Government retains the right to refuse acceptance of nonconforming items.
55
What rights does the Government have after a termination for cause?
* Acquire similar items from another contractor * Charge the defaulted contractor with excess reprocurement costs * Seek incidental or consequential damages ## Footnote This is the preferred remedy after a termination for cause.
56
What must be included in a written notification for termination for cause?
* Indicate the contract is terminated for cause * Specify reasons for termination * Indicate intended remedies * State the notice constitutes a final decision of the contracting officer ## Footnote The contractor has the right to appeal under the Disputes clause.
57
What are the implied warranties provided in 52.212-4?
* Implied warranty of merchantability * Implied warranty of fitness for particular purpose ## Footnote These warranties protect the Government's post-award rights.
58
What does the implied warranty of merchantability ensure?
An item is reasonably fit for the ordinary purposes for which such items are used. ## Footnote Items must be of at least average quality.
59
What does the implied warranty of fitness for a particular purpose require?
The item must be fit for the specific purpose for which the Government intends to use it, relying on the contractor's skill and judgment. ## Footnote The seller must be aware of the intended purpose.
60
What is the scope of subpart 12.500?
It lists provisions of law that are not applicable to contracts for the acquisition of commercial products or services, including COTS items. ## Footnote It also lists provisions that have been amended to reflect their applicability.
61
What does subpart 12.501 state about the applicability of this subpart?
It applies to any contract or subcontract at any tier for the acquisition of commercial products or services. ## Footnote It does not authorize the waiver of any provision of law regarding subcontracts without adding value.
62
What must contracting officers do regarding commercial warranties?
They must take advantage of commercial warranties and require offerors to provide at least the same warranty terms as offered to the general public. ## Footnote This includes analyzing warranties for adequacy and cost-effectiveness.
63
Fill in the blank: The implied warranty of fitness for a particular purpose provides that an item is fit for use for the _______.
[particular purpose for which the Government will use the items]
64
True or False: The contracting officer has the discretion to terminate a contract for convenience only when it is in the best interests of the Government.
True ## Footnote The contracting officer should consult with counsel prior to terminating for cause.
65
What is the applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services?
The following laws are not applicable: * 10 U.S.C. 983 * 31 U.S.C. 1354(a) * 41 U.S.C. 1708(e)(3) * 41 U.S.C. 2303(b) * 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b) * 41 U.S.C. 4706(d)(1) and 10 U.S.C. 3841(d)(1) * 41 U.S.C. chapter 65 * 41 U.S.C. chapter 81 * Section 806(a)(3) of Public Law 102-190 * 15 U.S.C. 644(w) ## Footnote These laws relate to various regulations and requirements that do not apply to the acquisition of commercial products and services by Executive agencies.
66
Which laws have modified applicability for Executive agency contracts related to commercial products and services?
The following laws have modified applicability: * 41 U.S.C. 4704 and 10 U.S.C. 4655 * 41 U.S.C. chapter 35 and 10 U.S.C. chapter 271 * 41 U.S.C. chapter 15 ## Footnote These modifications alter the requirements for certain regulations concerning contracts for commercial products and services.
67
What laws are not applicable to subcontracts for the acquisition of commercial products or commercial services?
The following laws are not applicable to subcontracts: * 10 U.S.C. 2631 * 15 U.S.C. 644(d) * 41 U.S.C. chapter 65 * 41 U.S.C. 4703 * 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b) * 41 U.S.C. 4706(d) and 10 U.S.C. 3841(d) * 41 U.S.C. 1708(e)(3) * 41 U.S.C. 2302 * 41 U.S.C. chapter 81 * 46 U.S.C.App.1241(b) * 49 U.S.C. 40118 * Section 806(a)(3) of Pub. L. 102-190 ## Footnote These exclusions pertain to various legal requirements that do not apply to subcontracts for commercial products and services.
68
What requirements are not applicable to subcontracts for commercial products or services under the Contract Work Hours and Safety Standards statute?
The requirements for a certificate and clause under the Contract Work Hours and Safety Standards statute, 40 U.S.C. 37, are not applicable ## Footnote This statute typically outlines labor standards and safety requirements, which are excluded for subcontracts.
69
What laws are specifically noted as not applicable to contracts for the acquisition of COTS items?
The following laws are not applicable to contracts for COTS items: * 41 U.S.C. 8302 * 41 U.S.C. 8303 * 42 U.S.C. 69 62(c)(3)(A) * Compliance Plan and Certification Requirement under section 1703 of the National Defense Authorization Act for Fiscal Year 2013 ## Footnote COTS items are a subset of commercial products and thus have specific exemptions from certain laws.
70
What is the purpose of the streamlined procedures for evaluation and solicitation for commercial products and services?
The purpose is to simplify the process of: * Streamlined evaluation of offers * Streamlined solicitation of offers ## Footnote These procedures aim to align with customary commercial practices and reduce administrative burdens.
71
What factors may be used for evaluating offers for commercial products or services?
Evaluation factors may include: * Technical capability * Price * Past performance ## Footnote Technical capability should reflect how well the proposed products meet government requirements without needing predetermined subfactors.
72
In a combined synopsis/solicitation procedure, what must the contracting officer include in the Description?
The contracting officer must include: * A statement indicating it is a combined synopsis/solicitation * The solicitation number and type (IFB, RFQ, RFP) * A notice regarding any set-aside and NAICS code * A list of line items and quantities * Description of requirements * Dates and places for delivery * Applicability of provisions and clauses ## Footnote This approach merges the synopsis and solicitation into a single document to expedite the contracting process.
73
True or False: The contracting officer is required to publicize a separate synopsis 15 days before the issuance of the solicitation when using the combined synopsis/solicitation procedure.
False ## Footnote The synopsis and solicitation are combined, negating the need for a separate prior publication.

FAC exam prep by FAR Parts 1-15 (25 decks)

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