FAR Part 14 Deck 1 Flashcards

(153 cards)

1
Q

What is the basic requirement of contracting for supplies and services by sealed bidding?

A

To prescribe the information included in the solicitation, procedures for submission, and requirements for opening and evaluating bids.

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2
Q

What are the steps involved in sealed bidding?

A
  • Preparation of invitations for bids
  • Publicizing the invitation for bids
  • Submission of bids
  • Evaluation of bids
  • Contract award
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3
Q

True or False: Sealed bidding can be used for classified acquisitions.

A

True

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4
Q

What type of contracts shall be used when the method of contracting is sealed bidding?

A

Firm-fixed-price contracts

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5
Q

What is prohibited in the preparation of invitations for bids?

A

Unnecessarily restrictive specifications or requirements

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6
Q

What must invitations for bids include?

A

All documents furnished to prospective bidders for bidding purposes.

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7
Q

Fill in the blank: Sealed bidding employs competitive bids, public opening of bids, and _______.

A

awards

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8
Q

What must be publicized for sealed bidding?

A

The invitation for bids

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9
Q

What is the purpose of evaluating bids in sealed bidding?

A

To determine the most advantageous bid to the Government, considering price and price-related factors.

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10
Q

What is required before making an award from sealed bidding?

A
  • Bids must be solicited as required
  • Bids must be submitted as required
  • Requirements of 1.602-1(b) and part 6 must be met
  • Award to responsible bidder whose bid is responsive
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11
Q

What is the role of the contracting officer in preparing invitations for bids?

A

To use the uniform contract format to the maximum practicable extent.

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12
Q

What does Section A of the Schedule include?

A
  • Name and address of issuing activity
  • Invitation for bids number
  • Date of issuance
  • Time specified for receipt of bids
  • Requisition or purchase authority
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13
Q

What must Section C of the Schedule contain?

A

Description/specifications needed to permit full and open competition.

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14
Q

What is included in Section H of the Schedule?

A

Special contract requirements not included in Section I or other sections.

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15
Q

What provisions must be inserted in all invitations for bids?

A
  • 52.214-3, Amendments to Invitations For Bids
  • 52.214-4, False Statements in Bids
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16
Q

What is the purpose of the two-step sealed bidding process?

A

To allow for a more thorough evaluation of technical capabilities before price bidding.

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17
Q

What is required for bid submission?

A

Bids must be sealed and submitted at the time and place stated in the solicitation.

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18
Q

What is the significance of the term ‘responsive bidder’?

A

A bidder whose bid conforms to the terms of the invitation for bids.

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19
Q

What must be included in the evaluation factors for award?

A

Price-related factors other than the bid price.

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20
Q

What happens if bids are not submitted as required?

A

No awards shall be made as a result of sealed bidding.

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21
Q

What is the general rule for bid envelopes?

A

Bids must be submitted in sealed envelopes.

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22
Q

What is the purpose of a pre-bid conference?

A

To clarify bidding procedures and requirements for prospective bidders.

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23
Q

What is the requirement for bid evaluation?

A

Bids shall be evaluated without discussions.

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24
Q

What is the significance of the uniform contract format?

A

It facilitates the preparation of solicitations and contracts.

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25
What is the purpose of provision 52.214-3?
Amendments to Invitations For Bids
26
What does provision 52.214-4 address?
False Statements in Bids
27
Which provision should be inserted in invitations for bids regarding bid submission?
52.214-5, Submission of Bids
28
What does provision 52.214-6 require?
Explanation to Prospective Bidders
29
What is the focus of provision 52.214-7?
Late Submissions, Modifications, and Withdrawals of Bids
30
Which provision must be included in all invitations for bids except for construction?
52.214-10, Contract Award-Sealed Bidding
31
What is the purpose of provision 52.214-12?
Preparation of Bids
32
When should provision 52.214-14 be inserted?
Place of Performance-Sealed Bidding
33
Which provision is inserted in IFBs not issued on SF 33 or SF 1447?
52.214-15, Period for Acceptance of Bids
34
What does provision 52.214-16 specify?
Minimum Bid Acceptance Period
35
In which invitations for bids should provision 52.214-18 be included?
Preparation of Bids-Construction
36
What does provision 52.214-19 focus on?
Contract Award-Sealed Bidding-Construction
37
When should provision 52.214-20 be inserted?
If bid samples are required
38
What is the purpose of provision 52.214-21?
Descriptive Literature
39
Under what condition is provision 52.214-22 used?
Evaluation of Bids for Multiple Awards
40
Which provision addresses late submissions in two-step sealed bidding?
52.214-23, Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals
41
What does provision 52.214-24 allow?
Multiple Technical Proposals
42
What is the focus of provision 52.214-25?
Step Two of Two-Step Sealed Bidding
43
What does provision 52.214-31 authorize?
Facsimile Bids
44
What is the requirement of provision 52.214-34?
Submission of Offers in the English Language
45
What does provision 52.214-35 specify?
Submission of Offers in U.S. Currency
46
What is the purpose of clause 52.214-26?
Audit and Records-Sealed Bidding
47
When should clause 52.214-27 be included?
Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding
48
What does clause 52.214-28 require?
Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding
49
What is the purpose of clause 52.214-29?
Order of Precedence-Sealed Bidding
50
What is the minimum bidding time required for invitations?
At least 30 calendar days
51
Which factors should be considered when establishing reasonable bidding time?
* Degree of urgency * Complexity of requirement * Anticipated extent of subcontracting * Use of presolicitation notices * Geographic distribution of bidders * Normal transmittal time for invitations and bids
52
What is the policy regarding bid samples?
Bidders shall not be required to furnish bid samples unless characteristics cannot be adequately described
53
What must invitations for bids state regarding bid samples?
* Number and size of samples * Characteristics for examination
54
What is required if the bid sample provision is waived?
A product previously or currently contracted for by the Government
55
What is the primary use of bid samples?
To determine the responsiveness of the bid
56
What document should be used as the first page of the simplified contract format?
Standard Form (SF) 1447, Solicitation/Contract
57
What must be included in the contract schedule?
* Line item number * Description of supplies or services * Quantity and unit of issue * Unit price and amount * Packaging and marking requirements * Inspection and acceptance requirements * Place of delivery and performance dates * Other item-peculiar information
58
What is the purpose of including evaluation factors for award?
To guide offerors and assess bids
59
What is the condition for waiving the requirement for bid samples?
The requirement may be waived if a bidder offers a product previously or currently contracted for by the Government that complies with specification requirements. ## Footnote See 14.201-6(o)(2) for additional details.
60
What happens to unsolicited bid samples that are not required by the invitation?
They will generally be disregarded unless it's clear that the bidder intended to qualify the bid. ## Footnote See 14.404-2(d) for more information.
61
What must contracting officers do with bid samples that are not destroyed in testing?
They must return the samples to bidders at their request and expense, unless specified otherwise in the invitation.
62
What should be included in the invitation for bids regarding descriptive literature?
* What literature must be furnished * The purpose for requiring it * The extent of its consideration in bid evaluation * Rules for non-compliance before bid opening ## Footnote See 14.202-5(c) for specific details.
63
When can the contracting officer waive the requirement for descriptive literature?
If the bidder states that the product is the same as one previously furnished and the contracting officer determines compliance with current specifications.
64
What is the purpose of a pre-bid conference?
To brief prospective bidders and explain complicated specifications and requirements before bids are opened.
65
What must be done if changes are necessary in an invitation for bids?
Changes must be accomplished by amendment using Standard Form 30, and sent to all who received the original invitation.
66
What are the consequences of cancelling an invitation for bids?
Bids received must be returned unopened and a notice of cancellation sent to all prospective bidders.
67
What is required before releasing information concerning proposed acquisitions?
Information shall not be released outside the Government before solicitation, except for specific notices and estimates.
68
What defines the responsiveness of bids?
A bid must comply in all material respects with the invitation for bids to be considered for award.
69
What are the submission requirements for bids?
Bids must be received in the designated office by the exact time set for bid opening.
70
When can bids be modified or withdrawn?
Bids may be modified or withdrawn by any authorized method if notice is received by the designated office before the bid opening time.
71
What happens to late bids?
They will not be considered unless received before award and determined not to unduly delay the contracting process.
72
What is the time for receipt of bids if no time is specified in the IFB?
4:30 p.m., local time, on the date that bids are due ## Footnote IFB stands for Invitation for Bids.
73
What is considered a 'late' bid?
Any bid received after the exact time specified for receipt of bids ## Footnote Late bids will not be considered unless specific conditions are met.
74
Under what conditions may a late bid be accepted?
If it was transmitted through an authorized electronic commerce method and received at the initial point of entry not later than 5:00 p.m. one working day prior, or if there is acceptable evidence it was under Government control before the deadline ## Footnote Conditions are outlined in the IFB.
75
What must happen if a modification of a successful bid is received late?
It may be accepted at any time if it makes the terms more favorable to the Government.
76
What constitutes acceptable evidence for the time of receipt of bids?
Time/date stamp on the bid wrapper, other documentary evidence, or oral testimony from Government personnel.
77
What happens if an emergency interrupts normal Government processes for bid receipt?
The time specified for receipt of bids will be extended to the same time on the first work day normal processes resume.
78
How can bids be withdrawn?
By written notice received before the exact time set for receipt of bids, by facsimile if authorized, or in person with verification of identity.
79
What must the contracting officer do if a bid is received late?
Notify the bidder whether the bid will be considered.
80
What should happen to late bids that are not considered?
They must be held unopened until after award or opened for identification only.
81
What information must be included in the contract files for each late bid?
Date and hour of receipt, statement regarding bid consideration, and evidence of the date of receipt.
82
What is the scope of Subpart 14.4?
Procedures for receipt, handling, opening, and disposition of bids, including mistakes in bids and contract award.
83
What precautions must be taken for bids received before the opening time?
They must be kept secure and not opened or viewed.
84
What can happen to envelopes marked as bids but without identifying information?
They may be opened for identification purposes only by a designated official.
85
What is the procedure for opening unclassified bids?
The bid opening officer opens all bids received before the time, reads them aloud, and records them.
86
Can the public attend openings for classified bids?
No, only bidders or their representatives with appropriate security clearance may attend.
87
What is the process for postponing a bid opening?
Postponement can occur if bids are delayed due to uncontrollable factors or emergencies.
88
What forms are used for recording bids?
Standard Form 1409, Abstract of Offers, or Optional Form 1419, Abstract of Offers-Construction.
89
What must be done if bids are opened but the invitation is canceled?
Record the cancellation and the number of bids invited and received.
90
What dictates that award must be made to the lowest responsive bidder after bids have been opened?
Preservation of the integrity of the competitive bid system.
91
What are valid reasons for canceling invitations after bids have been opened?
* Inadequate or ambiguous specifications * Revised specifications * Supplies or services no longer required * Unreasonable prices * Collusive bids
92
What must happen if administrative difficulties delay award beyond bidders’ acceptance periods?
Lowest bidders should be requested to extend the bid acceptance period.
93
When can the contracting officer proceed with a new acquisition after cancellation?
When the invitation is canceled for specific reasons that do not permit completion through negotiation.
94
What must happen for a bid to be rejected?
It must fail to conform to essential requirements of the invitation for bids.
95
What conditions in a bid can lead to its rejection?
* Does not conform to applicable specifications * Fails to conform to delivery schedule * Imposes conditions that modify requirements
96
What can a low bidder be requested to do regarding objectionable conditions in a bid?
Delete objectionable conditions provided they do not affect the substance of the bid.
97
What is a key indicator of unreasonableness in a bid?
The total price of the bid.
98
What limits the rights of the Government under any contract clause?
Limits rights of the Government under any contract clause.
99
What may a low bidder be requested to do regarding objectionable conditions?
Delete objectionable conditions from a bid.
100
What constitutes a condition that goes to the substance of a bid?
Affects price, quantity, quality, or delivery of the items offered.
101
Under what condition can a bid be rejected due to price?
If the contracting officer determines in writing that it is unreasonable as to price.
102
What does unreasonableness of price include?
Total price of the bid and prices for individual line items.
103
What can lead to rejection of a bid concerning line items?
If the prices for any line items or subline items are materially unbalanced.
104
When must bids from suspended or debarred persons be rejected?
Unless a compelling reason determination is made.
105
What must happen if a low bid is from a concern determined to be not responsible?
The bid shall be rejected.
106
What happens if a bidder fails to furnish a required bid guarantee?
The bid shall be rejected.
107
What should be preserved with the papers relating to rejected bids?
The originals of all rejected bids and any written findings.
108
What happens if a bidder's assets are transferred after bid submission?
The contracting officer shall reject the bid unless the transfer is not barred by law.
109
What must the contracting officer do when all bids are rejected?
Notify each bidder that all bids have been rejected and state the reason.
110
What can render a bid nonresponsive when descriptive literature is involved?
A restriction that prevents public disclosure of the literature.
111
What is the 'all or none' qualification in bidding?
A bid may still be responsive even if the bidder specifies that award will be accepted only on all or a specified group of items.
112
What defines a minor informality or irregularity in bids?
A matter of form that is not of substance and can be corrected or waived without prejudice.
113
What is an example of a minor informality in bids?
Failure to return the required number of copies of signed bids.
114
What must happen if a bid received electronically is unreadable?
The contracting officer must notify the bidder that the bid will be rejected unless evidence of the original content is provided.
115
What should contracting officers do after opening bids for mistakes?
Examine all bids for mistakes and request verification from the bidder if necessary.
116
What type of mistakes can be corrected before award?
Apparent clerical mistakes.
117
What is required for the correction of a bid due to a clerical mistake?
Verification from the bidder of the intended bid.
118
What happens if a bidder requests permission to correct a mistake?
The agency head may determine to allow the correction if clear and convincing evidence is provided.
119
What must be documented if a bidder fails to furnish evidence of a mistake?
The bid shall be considered as submitted.
120
What actions can be taken if a mistake in a contractor's bid is discovered after award?
Correct by contract modification, rescind contract, or reform contract.
121
What is required for a determination to rescind or reform a contract due to a mistake?
Clear and convincing evidence that a mistake was made.
122
What must each proposed determination regarding mistakes be coordinated with?
Legal counsel in accordance with agency procedures.
123
What is the basis for a mistake in bid to be corrected?
A mistake in bid may be corrected only if it is clear and convincing evidence that the mistake was (1) mutual, or (2) unilateral and apparent to the contracting officer. ## Footnote This is crucial for ensuring fairness in the bidding process.
124
What must the contracting officer do when a mistake is alleged after an award?
The contracting officer shall request the contractor to support the alleged mistake by submitting written statements and pertinent evidence. ## Footnote This includes documents like the contractor's file copy of the bid and original worksheets.
125
List the types of evidence a contractor must provide to support an alleged mistake.
* Contractor's file copy of the bid * Contractor's original worksheets * Subcontractors' and suppliers' quotations * Published price lists * Any other evidence establishing the mistake ## Footnote These documents help clarify the nature of the mistake and the intended bid.
126
What documentation is required in the case file concerning an alleged mistake?
* All evidence furnished by the contractor * A signed statement by the contracting officer detailing the mistake * A signed copy of the bid involved * A copy of the invitation for bids * An abstract of written record of the bids received * A written request by the contractor to reform or rescind the contract * A copy of the contract and any related change orders ## Footnote This thorough documentation is essential for legal and procedural accountability.
127
When can a contract award be made?
A contract award can be made by written or electronic notice within the time for acceptance specified in the bid. ## Footnote This ensures that all bids are considered fairly and within the agreed timeframe.
128
What factors does the contracting officer consider when making an award?
The contracting officer considers price and price-related factors included in the invitation. ## Footnote This is to ensure that the award is most advantageous to the Government.
129
What should the contracting officer do if less than three bids are received?
The contracting officer should examine the situation for reasons behind the low number of responses and may still make an award while initiating corrective action to increase competition in future solicitations. ## Footnote This helps maintain a competitive bidding environment.
130
What is the purpose of the Award portion of Standard Form (SF) 33?
The Award portion of SF 33 is used to execute the contract award. ## Footnote This form formalizes the acceptance of the bid and constitutes the contract.
131
True or False: Prompt payment discounts are considered in the evaluation of bids.
False ## Footnote While discounts are not evaluated, they are part of the award if payment is made within the specified period.
132
What happens if a bidder proposes an economic price adjustment without a ceiling?
Bids that contain economic price adjustments with no ceiling shall be rejected unless a clear basis for evaluation exists. ## Footnote This ensures that bids are evaluated fairly and transparently.
133
In the case of equal low bids, in what order should contracts be awarded?
* Small business concerns that are also labor surplus area concerns * Other small business concerns * Other business concerns ## Footnote This prioritization supports small and disadvantaged businesses.
134
What is required when notifying unsuccessful bidders after contract award?
* Notify within three days of award * Extend appreciation for the interest shown * State reasons for rejection to unsuccessful low bidders ## Footnote This maintains transparency and good communication with bidders.
135
What is the objective of two-step sealed bidding?
The objective is to combine competitive procedures to obtain the benefits of sealed bidding when adequate specifications are not available. ## Footnote This method is particularly useful for complex items requiring technical proposals.
136
What are the conditions for using two-step sealed bidding?
* Available specifications are not complete * Definite criteria exist for evaluating proposals * More than one qualified source is expected * Sufficient time is available * A firm-fixed-price contract will be used ## Footnote These conditions ensure that the method is appropriate and effective.
137
What is required in a request for technical proposals?
A description of the supplies or services required, a statement of intent to use the two-step method, the requirements of the technical proposal, the evaluation criteria, a statement that the technical proposals shall not include prices, the submission deadline, and other specific statements about the proposal process. ## Footnote The request must also include statements on proposal acceptability and the process for notifying unacceptability.
138
True or False: Technical proposals should include pricing information.
False ## Footnote The request explicitly states that technical proposals shall not include prices or pricing information.
139
What are the three categories a proposal may be categorized into during evaluation?
* Acceptable * Reasonably susceptible of being made acceptable * Unacceptable
140
Fill in the blank: The contracting officer shall establish a time period for evaluating _______.
technical proposals
141
What actions must the contracting officer take upon receipt of proposals?
* Safeguard proposals against unauthorized disclosure * Accept and handle data marked in accordance with 15.609 * Remove any reference to price or cost
142
What happens if a proposal modifies or fails to conform to the essential requirements?
It shall be considered nonresponsive and categorized as unacceptable.
143
When can the contracting officer proceed directly to step two?
If there are sufficient acceptable proposals to ensure adequate price competition and if further efforts to make additional proposals acceptable would not be in the Government's interest.
144
What must be included in step two sealed bidding procedures?
* Invitations for bids issued only to offerors with acceptable proposals * A provision prescribed in 14.201-6(t) * Prominent statement for compliance with specifications * Not synopsized through the Governmentwide point of entry
145
What statement must the contracting officer include if it is necessary to discontinue two-step sealed bidding?
A statement of the facts and circumstances in the contract file.
146
What is the purpose of the information on delivery or performance requirements in the request?
To assist bidders in determining whether to submit a proposal, while stating it is not binding on the Government.
147
What must be done if a technical proposal is found unacceptable?
The contracting officer shall promptly notify the offeror of the basis of the determination.
148
True or False: The Government may request additional information from any offeror after the initial proposal submission.
False ## Footnote The Government may only request additional information from offerors whose proposals are reasonably susceptible of being made acceptable.
149
What must the contracting officer do if additional information is requested from bidders?
Fix an appropriate time for bidders to conclude discussions and submit additional information.
150
What is a requirement for the evaluation of technical proposals?
Evaluations shall be based on the criteria in the request for proposals.
151
Fill in the blank: Late technical proposals are governed by _______.
15.208(b), (c), and (f)
152
What should the request for technical proposals include regarding the submission of multiple proposals?
A statement that either only one technical proposal may be submitted or that multiple technical proposals may be submitted.
153
What is the significance of including delivery or performance requirements in the request?
It provides assistance to bidders but is not binding, as actual requirements will be detailed in the invitation issued under step two.