FAR Part 15 Deck 2 Flashcards

(78 cards)

1
Q

What is the scope of subpart 15.4?

A

It prescribes the cost and price negotiation policies and procedures for pricing negotiated prime contracts and contract modifications.

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2
Q

Define ‘Price’ as used in subpart 15.401.

A

Cost plus any fee or profit applicable to the contract type.

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3
Q

What does ‘Subcontract’ include according to 15.401?

A

It includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or a subcontractor.

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4
Q

What is the primary responsibility of contracting officers under 15.402?

A

To purchase supplies and services from responsible sources at fair and reasonable prices.

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5
Q

What must contracting officers obtain when certified cost or pricing data is required?

A

Certified cost or pricing data along with other necessary data to establish a fair and reasonable price.

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6
Q

Fill in the blank: The contracting officer shall obtain _______ from the offeror if the price is based on adequate price competition.

A

No additional data

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7
Q

List the types of data other than certified cost or pricing data that contracting officers may use.

A
  • Data related to established catalog or market prices
  • Sales data to non-governmental and governmental entities
  • Cost data necessary for determining a fair and reasonable price
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8
Q

True or False: Contracting officers can include a specified contingency amount in the contract price if it provides for a price adjustment based on that contingency.

A

False

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9
Q

What situations exempt a contracting officer from obtaining certified cost or pricing data according to 15.403-1?

A
  • Acquisitions at or below the simplified acquisition threshold
  • Adequate price competition
  • Prices set by law or regulation
  • Acquisition of commercial products or services
  • Waivers granted
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10
Q

What is adequate price competition as defined in 15.403-1(c)(1)?

A

A price based on offers from two or more responsible offerors competing independently.

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11
Q

What is the contracting officer’s action if the proposed price is based on inadequate price competition?

A

Require submission of additional data sufficient to support the determination of a fair and reasonable price.

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12
Q

Fill in the blank: The head of the contracting activity (HCA) may waive the requirement for submission of _______ in exceptional cases.

A

certified cost or pricing data

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13
Q

What are the conditions under which commercial products are exempt from the requirement for certified cost or pricing data?

A
  • Modifications do not change the product to non-commercial
  • Total price of modifications does not exceed specified thresholds
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14
Q

What must contracting officers consider when requiring data other than certified cost or pricing data?

A

The extent necessary to determine a fair and reasonable price.

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15
Q

What happens if an offeror does not comply with data submission requirements?

A

They are ineligible for award unless the HCA determines it is in the best interest of the Government.

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16
Q

What is required for an acquisition for other than commercial products or services treated as commercial?

A

Exempt from certified cost or pricing data requirements, except for sole source contracts over $20 million.

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17
Q

What should the contracting officer use to support price negotiations according to 15.403-3?

A

Data that are sufficiently current to permit negotiation of a fair and reasonable price.

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18
Q

What does the inclusion of a price in a catalog imply about its fairness and reasonableness?

A

It does not, in and of itself, make it fair and reasonable.

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19
Q

What must a contracting officer do if they cannot determine whether an offered price is fair and reasonable?

A

Require the offeror to submit data other than certified cost or pricing data.

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20
Q

What types of data may a contracting officer require to determine if a price is fair and reasonable?

A
  • History of sales to non-governmental and governmental entities
  • Cost data
  • Any other information required by the contracting officer
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21
Q

What minimum data must the contracting officer require from the offeror unless an exception applies?

A

Appropriate data on the prices at which the same item or similar items have previously been sold.

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22
Q

What limitations must a contracting officer consider when requesting sales data for commercial products or services?

A
  • Limit requests to data for the same or similar items during a relevant time period
  • Limit the scope of the request to data regularly maintained by the offeror
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23
Q

What does 10 U.S.C. 3705(b) and 41 U.S.C. 3505(b) relate to?

A

Limitations relating to commercial products or commercial services.

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24
Q

What is the threshold for obtaining certified cost or pricing data for prime contracts awarded before July 1, 2018?

A

$750,000.

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25
What is the threshold for obtaining certified cost or pricing data for prime contracts awarded on or after July 1, 2018?
$2 million.
26
Under what circumstances can the contracting officer request a waiver for certified cost or pricing data?
If they believe exceptional circumstances exist and have sufficient data to determine a fair and reasonable price.
27
What must the head of the contracting activity do to authorize the contracting officer to obtain certified cost or pricing data below the threshold?
Justify the requirement and document the necessity for certified cost or pricing data.
28
What must be included in the Certificate of Current Cost or Pricing Data?
Certification that the cost or pricing data were accurate, complete, and current.
29
What happens if certified cost or pricing data are submitted but an exception applies later?
The data must not be considered certified cost or pricing data.
30
What is the main objective of proposal analysis?
To ensure that the final agreed-to price is fair and reasonable.
31
What are the two main types of analysis used by contracting officers?
* Price analysis * Cost analysis
32
What is price analysis?
The process of examining and evaluating a proposed price without evaluating its separate cost elements.
33
What techniques can be used in price analysis?
* Comparison of proposed prices * Comparison with historical prices * Use of parametric estimating methods * Comparison with competitive published price lists * Comparison with independent Government cost estimates
34
What is cost analysis?
The review and evaluation of any separate cost elements and profit in an offeror's proposal.
35
What techniques can be used in cost analysis?
* Verification of cost data * Evaluating the necessity and reasonableness of proposed costs * Projection of cost trends * Comparison of costs proposed by the offeror
36
True or False: The contracting officer is responsible for evaluating the reasonableness of offered prices.
True.
37
What must the contracting officer do if discrepancies or mistakes of fact are found in submitted data?
Bring them to the contracting officer's attention for appropriate action.
38
What role do expert technical advice and assistance play in proposal analysis?
They help ensure that an appropriate analysis is performed.
39
What is value analysis?
It gives insight into the relative worth of a product and may be used in conjunction with price analysis techniques.
40
What is the purpose of estimating relationships in contract pricing?
To analyze the offeror's past practices and their impact on future costs ## Footnote This involves ensuring that inefficient or uneconomical past practices are not projected into future pricing.
41
What should a contracting officer evaluate in regards to an offeror's proposed costs?
Comparison of costs with: * Actual costs previously incurred by the same offeror * Previous cost estimates from the offeror or other offerors * Other cost estimates received in response to the Government's request * Independent Government cost estimates * Forecasts of planned expenditures ## Footnote This helps in assessing the reasonableness of the proposed costs.
42
What is cost realism analysis?
The process of reviewing and evaluating specific elements of each offeror's proposed cost estimate to determine their realism for the work to be performed ## Footnote It ensures that the costs reflect a clear understanding of the requirements.
43
When should cost realism analyses be performed?
On cost-reimbursement contracts to determine the probable cost of performance for each offeror ## Footnote The probable cost may differ from the proposed cost.
44
How is the probable cost determined in cost realism analysis?
By adjusting each offeror's proposed cost to reflect realistic levels based on the analysis results ## Footnote This includes adjustments to the proposed fee when appropriate.
45
True or False: Cost realism analyses can be used on competitive fixed-price incentive contracts.
True ## Footnote It is applicable in exceptional cases where new requirements are not fully understood.
46
What is included in a technical analysis performed by the contracting officer?
Examination of: * Types and quantities of materials proposed * Reasonableness of labor hours and labor mix * Associated factors in the proposal ## Footnote This analysis helps determine the need for proposed resources.
47
What should unit prices reflect according to the guidelines?
The intrinsic value of an item or service and be proportional to the item's base cost ## Footnote Distorting methods of distributing costs to line items are not acceptable.
48
What is unbalanced pricing?
When one or more line items are significantly over or understated despite an acceptable total evaluated price ## Footnote This may increase performance risk and lead to payment of unreasonably high prices.
49
What must a contracting officer do if unbalanced pricing is indicated?
Consider the risks to the Government and whether the award will result in unreasonably high prices ## Footnote An offer may be rejected if the unbalance poses an unacceptable risk.
50
What are the requirements for pass-through contracts?
Consider alternative contract vehicles, determine the best interest of the Government, and document the basis for the determination ## Footnote This applies particularly when more than 70% of the total cost is subcontracted.
51
What should field pricing assistance include?
Technical, audit, and special reports associated with cost elements, and information on pricing practices and history ## Footnote This assistance helps determine fair and reasonable prices.
52
What is required for subcontractor certified cost or pricing data?
Must be submitted for subcontracts expected to exceed certain thresholds, including analyzing the data for reasonableness ## Footnote This ensures transparency and fairness in pricing.
53
What happens if the data provided for review is deficient?
The auditor or ACO must notify the contracting officer immediately, leading to appropriate actions to obtain the required data ## Footnote If access to necessary data is denied, the contracting officer may withhold the award.
54
What is required for subcontractor certified cost or pricing data?
Must be submitted in the format provided in 15.408 or alternate format specified in the solicitation ## Footnote This ensures compliance with the solicitation provisions and contract clauses.
55
When must subcontractor certified cost or pricing data be current, accurate, and complete?
As of the date of price agreement or an earlier agreed date ## Footnote This must be specified on the contractor's Certificate of Current Cost or Pricing Data.
56
If there are multiple prospective subcontractors, what does the contractor need to submit?
Certified cost or pricing data for the most likely subcontractor to receive the award ## Footnote This reduces the burden of providing data for all potential subcontractors.
57
What do profit or fee prenegotiation objectives represent?
The potential total remuneration contractors may receive over allowable costs ## Footnote This does not necessarily represent net income.
58
What is the Government's interest in profit for contractors?
To stimulate efficient contract performance and attract qualified businesses ## Footnote This helps maintain a viable industrial base.
59
True or False: Negotiations aimed solely at reducing prices by cutting profit are in the Government's interest.
False ## Footnote Proper recognition of the function of profit is necessary for optimum contract performance.
60
What should structured approaches for determining profit or fee objectives ensure?
All relevant factors are considered ## Footnote This applies especially to noncompetitive contracts over $100,000 totaling $50 million or more per year.
61
When are contracting officers not required to analyze profit?
When the price negotiation is not based on cost analysis ## Footnote This simplifies the negotiation process in certain situations.
62
What must contracting officers exclude from pre-negotiation cost objective amounts?
* Purchase cost of contractor-acquired property categorized as equipment * Facilities capital cost of money ## Footnote This ensures accurate calculations of profit or fee objectives.
63
What are the statutory limitations on fees for cost-plus-fixed-fee contracts?
* 15% for experimental, developmental, or research work * 6% for architect-engineer services for public works or utilities * 10% for other cost-plus-fixed-fee contracts ## Footnote These limits ensure fairness and reasonableness in contract pricing.
64
What does the contracting officer's signature on documentation signify?
Determination that statutory price or fee limitations have not been exceeded ## Footnote This is essential for compliance with legal requirements.
65
What factors are common in profit-analysis considerations?
* Contractor effort * Contract cost risk * Federal socioeconomic programs * Capital investments * Cost-control and past accomplishments * Independent development ## Footnote Each factor affects the profit opportunity for contractors.
66
What does the contractor effort factor measure?
Complexity of the work and resources required for contract performance ## Footnote Higher skill levels typically allow for greater profit opportunities.
67
What is the purpose of cost or price analysis in negotiations?
To develop a negotiation position for fair and reasonable price agreement ## Footnote This process is essential for both the contracting officer and the offeror.
68
What should prenegotiation objectives be based on?
Analysis of the offeror’s proposal and all pertinent information ## Footnote This includes field pricing assistance, audit reports, and independent cost estimates.
69
What does the Certificate of Current Cost or Pricing Data require?
Certification that cost or pricing data submitted is accurate, complete, and current ## Footnote This is a critical step in the negotiation process.
70
What distinction must be understood regarding the contractor's responsibility in pricing data?
The certificate applies to the data upon which judgment or estimate was based, not the accuracy of future cost projections ## Footnote This emphasizes the importance of accurate historical data.
71
Fill in the blank: The contracting officer shall establish prenegotiation objectives before the negotiation of any _______.
[pricing action] ## Footnote This is crucial for a systematic negotiation approach.
72
What is the contractor's responsibility if they had information showing that the negotiated price was not based on accurate data?
The contractor's responsibility is not limited by any lack of personal knowledge of the information on the part of its negotiators. ## Footnote This implies that contractors must ensure the accuracy of the data used for negotiations, regardless of their personal awareness.
73
What are the contracting officer and contractor encouraged to agree on regarding proposal updates?
They are encouraged to reach a prior agreement on criteria for establishing closing or cutoff dates. ## Footnote This helps minimize delays associated with proposal updates.
74
What should be included as part of the data submitted with the proposal?
Closing or cutoff dates should be included. ## Footnote This ensures that data is updated to the latest available information before price agreement.
75
Is the use of cutoff dates coinciding with reports acceptable?
Yes, it is acceptable as certain data may not be reasonably available before normal periodic closing dates. ## Footnote For example, actual indirect costs may fall under this category.
76
How is data treated within the contractor's or subcontractor's organization?
Data on matters significant to contractor management and to the Government will be treated as reasonably available. ## Footnote The significance of the data depends on the circumstances of each acquisition.
77
What is not a substitute for examining and analyzing the contractor's proposal?
Possession of a Certificate of Current Cost or Pricing Data. ## Footnote This emphasizes the need for thorough review beyond just having certification.
78
What happens if certified cost or pricing data are requested but an exception is later found to apply?
The data shall not be considered certified cost or pricing data and shall not be certified. ## Footnote This indicates the importance of ensuring compliance with certification requirements.