FAR Part 15 Deck 3 Flashcards
(59 cards)
What must the contracting officer document in the contract file during negotiations?
The principal elements of the negotiated agreement, including:
* Purpose of the negotiation
* Description of the acquisition
* Names and positions of representatives
* Current status of contractor systems
* Exceptions related to certified cost or pricing data
* Summary of the contractor’s proposal
* Significant facts influencing negotiation objectives
* Impact of higher-level direction
* Basis for profit or fee objectives
* Documentation of fair and reasonable pricing
This documentation ensures transparency and accountability in the negotiation process.
What is included in the price negotiation memorandum (PNM)?
The PNM includes:
* Purpose of negotiation
* Acquisition description
* Representatives involved
* Contractor systems status
* Exceptions for cost data
* Summary of proposals and negotiations
* Significant facts and considerations
* Impact of external directions
* Profit or fee basis
* Fair and reasonable pricing documentation
The PNM serves as a comprehensive record of the negotiation.
What should the contracting officer do if they learn that certified cost or pricing data is defective before price agreement?
The contracting officer shall bring the matter to the attention of the prospective contractor and consider any new data submitted to correct the deficiency
This step is crucial to ensure the integrity of contract pricing.
True or False: The Government is entitled to a price adjustment if certified cost or pricing data are found defective after award.
True
This entitlement is included in specific contract clauses.
What must the contracting officer consider when determining a price adjustment for defective data?
The time the defective data became available and the extent to which the Government relied on the data
This evaluation helps establish the legitimacy of the price adjustment.
Fill in the blank: A __________ is a document that reflects the adjustments made to certified cost or pricing data used to negotiate the contract price.
price negotiation memorandum (PNM)
The PNM is essential for maintaining accurate records of negotiations.
What are the conditions under which an offset for understated certified cost or pricing data is allowed?
An offset is allowed if:
* The contractor certifies entitlement to the offset
* The contractor proves availability of data before the ‘as of’ date
These conditions ensure that offsets are justified and documented.
What is the definition of ‘Make item’ in the context of make-or-buy programs?
‘Make item’ means an item or work effort to be produced or performed by the prime contractor or its affiliates
This definition helps clarify the scope of work in subcontracting decisions.
Under what circumstances can contracting officers require make-or-buy program plans?
For negotiated acquisitions requiring certified cost or pricing data valued at $15 million or more, or under $15 million if deemed necessary
This requirement ensures oversight in significant contracts.
What factors should be included in the evaluation of proposed make-or-buy programs?
Factors include:
* Capability and capacity
* Availability of small business concerns
* Delivery or performance schedules
* Control of technical and schedule interfaces
* Technical risks involved
These factors help assess the viability and risk of the proposed programs.
What is the Government’s right when defective subcontractor data is disclosed?
The Government has the right to reduce the prime contract price if it was significantly increased due to defective subcontractor data
This right applies regardless of whether the data supported subcontract cost estimates.
What is the primary focus of a make-or-buy decision in contract management?
Complexity, cost, quantity, or need for additional equipment or property.
Items like raw materials or commercial products are usually excluded unless they significantly impact cost or schedule.
What items should not be included in make-or-buy programs?
Items estimated to cost less than 1 percent of the total estimated contract price or any minimum amount set by the agency.
These exclusions help focus on significant cost drivers.
What key information should an offeror’s program include?
Description, categorization, proposal for each item, reasons for categorization, designation of the plant, identification of subcontractors, recommendations for deferral, and other required information.
This information enables thorough evaluation by contracting officers.
What are the three categories for major items or work efforts in make-or-buy decisions?
- Must make
- Must buy
- Can either make or buy
Under what conditions can contracting officers agree to ‘make items’?
If overall lower Governmentwide cost results or it is in the Government’s best interest.
This is applicable even if similar items are available from other firms at lower prices.
What is the purpose of a forward pricing rate agreement (FPRA)?
To describe and manage pricing data for contracts and modifications.
FPRAs help ensure that pricing is based on accurate, complete, and current data.
What is a should-cost review?
A specialized form of cost analysis that evaluates contractor efficiency without assuming historical costs reflect efficiency.
It aims to promote improvements in cost performance for Government contracts.
What are the two types of should-cost reviews?
- Program should-cost review
- Overhead should-cost review
What factors should be considered for overhead should-cost reviews?
- Dollar amount of Government business
- Level of Government participation
- Level of noncompetitive contracts
- Volume of proposal activity
- Major systems or programs
- Corporate reorganizations
- Other relevant conditions
What is the objective of an estimating system in proposal preparation?
To increase accuracy and reliability of proposals.
Regular reviews of estimating systems help expedite negotiations and improve proposal reliability.
What clause should be included when a make-or-buy program is incorporated in a contract?
Clause at 52.215-9, Changes or Additions to Make-or-Buy Program.
This clause outlines the framework for managing make-or-buy decisions within the contract.
True or False: The contracting officer must insert the clause at 52.215-14, Integrity of Unit Prices, in all contracts.
False.
There are exceptions, including acquisitions below the simplified acquisition threshold and certain service contracts.
Fill in the blank: The contracting officer shall insert the clause at 52.215-15, ________, in solicitations and contracts when certified cost or pricing data is anticipated.
Pension Adjustments and Asset Reversions