FAR Part 19 Deck 1 Flashcards

(79 cards)

1
Q

What is the scope of part 19?

A

It implements acquisition-related sections of the Small Business Act and covers eligibility, roles of agencies and the SBA, setting acquisitions aside, and more.

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2
Q

Define ‘Concern’ as used in part 19.

A

Any business entity organized for profit with a place of business in the U.S. that contributes to the economy through taxes and/or use of American products.

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3
Q

What does ‘Fair market price’ mean?

A

A price based on reasonable costs under normal competitive conditions.

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4
Q

What is the purpose of the North American Industry Classification System (NAICS)?

A

It classifies businesses engaged in similar lines of activity.

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5
Q

What is a ‘similarly situated entity’?

A

A first-tier subcontractor with the same small business program status as the prime contractor.

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6
Q

What is the role of the SBA in determining small business size standards?

A

The SBA establishes size standards on an industry-by-industry basis.

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7
Q

How often are NAICS codes updated?

A

Every five years by the Office of Management and Budget.

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8
Q

True or False: NAICS codes are available for use in Federal contracting as soon as they are created.

A

False.

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9
Q

What must contracting officers do regarding NAICS codes for solicitations?

A

Assign one NAICS code and corresponding size standard to all solicitations, contracts, and orders.

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10
Q

What is the general policy regarding small business participation in acquisitions?

A

Encouraging small business participation is a key policy.

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11
Q

What is the purpose of the Certificate of Competency program?

A

To assess the capability of small businesses to perform contracts.

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12
Q

What does ‘setting aside acquisitions’ refer to?

A

Reserving contracts for exclusive competitive participation by small businesses.

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13
Q

Fill in the blank: The _______ Program is aimed at assisting small disadvantaged businesses.

A

[8(a)]

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14
Q

What is the Small Business Subcontracting Program?

A

A program that outlines responsibilities and requirements for subcontracting to small businesses.

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15
Q

What is the significance of the HUBZone Program?

A

It encourages economic development in historically underutilized business zones.

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16
Q

What does SDVOSB stand for?

A

Service-Disabled Veteran-Owned Small Business.

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17
Q

What is required for a small business to participate in procurement under part 19?

A

They must meet the definition of small business concern and concern.

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18
Q

What is the purpose of the Women-Owned Small Business Program?

A

To promote and support women-owned businesses in federal contracting.

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19
Q

What are the eligibility requirements for participating in the Small Business Subcontracting Program?

A

Defined by the statutory requirements and responsibilities of contracting officers.

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20
Q

What is the general policy on data collection and reporting requirements?

A

There are specific requirements established for data collection and reporting.

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21
Q

What does ‘protesting a small business representation’ entail?

A

Challenging a firm’s claim to small business status.

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22
Q

What is a sole source award?

A

An award made to a small business without a competitive bidding process.

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23
Q

What is the purpose of the ‘8(a)’ business development program?

A

To support small disadvantaged businesses in federal contracting.

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24
Q

What is the HUBZone set-aside procedure?

A

A process for reserving contracts specifically for HUBZone small businesses.

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25
Fill in the blank: The _______ program focuses on economically disadvantaged women-owned small business concerns.
[EDWOSB]
26
What must the contracting officer assign to an order?
The NAICS code and corresponding size standard designated in the contract for the distinct portion or category against which the order is placed.
27
What happens if an order covers multiple portions or categories?
Select the NAICS code and corresponding size standard that best represents the principal purpose of the order.
28
Is the contracting officer's designation final?
Yes, unless appealed in accordance with the procedures in 19.103.
29
When should the contracting officer apply the size standard?
On the date the solicitation is issued.
30
Can the contracting officer amend the solicitation to use a new size standard?
Yes, if the SBA amends the size standard and it becomes effective before the due date for receipt of initial offers.
31
What is the time frame for appealing a contracting officer's NAICS code designation?
Within 10 calendar days after the issuance of the initial solicitation or any amendment affecting the NAICS code or size standard.
32
Who can file an appeal of a contracting officer's NAICS code designation?
Any person adversely affected or the SBA Associate Administrator for Business Development for a sole source 8(a) contract.
33
What must contracting officers do regarding NAICS code appeals?
Advise the public by amendment to the solicitation about the existence of a NAICS code appeal.
34
What happens if a NAICS code appeal is filed untimely?
SBA's OHA will dismiss it summarily.
35
How does OHA notify the contracting officer upon receipt of a NAICS code appeal?
By a notice and order of the date OHA received the appeal, the docket number, and the Administrative Judge assigned to the case.
36
What is the role of the Director of the Office of Small and Disadvantaged Business Utilization?
Responsible for the agency carrying out functions and duties in sections 8, 15, 31, 36, and 44 of the Small Business Act.
37
What is the policy of the Government regarding small business participation in acquisitions?
To provide maximum practicable opportunities to various types of small businesses.
38
What should heads of contracting activities ensure?
Effective implementation of small business programs and achieving program goals.
39
What is required of each agency with contracting authority under the Small Business Act?
To establish an Office of Small and Disadvantaged Business Utilization.
40
What actions should contracting officers take to encourage small business participation?
["* Divide proposed acquisitions into reasonably small lots", "* Plan acquisitions to allow multiple small businesses to perform work", "* Establish realistic delivery schedules", "* Encourage prime contractors to subcontract with small businesses"]
41
What should be done if a proposed acquisition is unlikely to allow small businesses to compete?
Provide a statement explaining why it cannot be divided into reasonably small lots.
42
What should contracting officers do to locate small business sources?
["* Make reasonable efforts to find additional small business concerns", "* Publicize solicitations and contract awards through the Governmentwide point of entry"]
43
In the event of equal low bids, who should be awarded first?
Small business concerns.
44
What is the primary purpose of contacting the agency small business specialist?
To find additional small business concerns
45
What is required for publicizing solicitations and contract awards?
Use the Governmentwide point of entry
46
In the event of equal low bids, which entities are prioritized for awards?
First to small business concerns that are labor surplus area concerns, then to other small business concerns
47
What actions should a contracting officer take to encourage responses from small businesses?
* Allow maximum time for submission of offers * Provide specifications and plans * Furnish copies of solicitations upon request
48
What must agencies measure regarding small business participation?
* Require contractors to represent their small business status * Measure participation by various small business categories * Report data to the SBA
49
What is the fair market price based on?
Price guidelines for various small business set-asides and contracts
50
Is there an order of precedence among small business programs?
No, there is no order of precedence among the programs
51
What must contracting officers consider when determining which socioeconomic program to use?
* Results of market research * Agency progress in fulfilling small business goals
52
What is required for a contractor to represent its size and socioeconomic status?
Representation must be in writing at the time of initial offer
53
What defines a long-term contract?
A contract of more than five years in duration, excluding specific extensions
54
What must a contractor do if it represented its small business status before contract award?
Rerepresent its size and socioeconomic status as per specific clauses
55
What happens if a small business status is misrepresented?
The SBA may take action as specified in the Small Business Act
56
Fill in the blank: The fair market price shall be the price achieved in accordance with the reasonable price guidelines in _______.
15.404-1(b)
57
True or False: Small business set-asides have priority over acquisitions using full and open competition.
True
58
What is the significance of the clause at 52.219-28?
It mandates rerepresentation of small business status after award
59
What should a contracting officer do if an offeror's small business representation is challenged?
Refer the challenge to the SBA
60
What must a contractor do if there is a merger or acquisition?
Rerepresent its size and socioeconomic status within specified timeframes
61
Fill in the blank: Agencies must report the extent of small business participation in terms of the total value of _______.
contracts placed during each fiscal year
62
What must a contractor do when there is more than one NAICS code assigned to a contract?
The contractor is required to rerepresent its size status for each NAICS code assigned to the contract.
63
What happens if a contractor rerepresents that it no longer qualifies as a small business concern?
The agency may no longer include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements.
64
What should agencies do after a contractor's rerepresentation?
Agencies should issue a modification to the contract capturing the rerepresentation and report it to FPDS within 30 days after notification of the rerepresentation.
65
When a contractor's rerepresentation qualifies it as a different small business concern, what can the agency include?
The agency may include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements.
66
What does a rerepresentation for a task or delivery order under an unrestricted multiple-award contract affect?
It does not change the size or socioeconomic status representation for the contract.
67
What may a contracting officer require if a prime contractor's size status changes from small to other than small?
The contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small Business Subcontracting Plan.
68
What are the conditions under which a contractor can rerepresent its size status after representing itself as other than small?
The conditions in 19.301-2(b) apply and the contractor qualifies as a small business concern under the applicable size standard.
69
Who can protest a small business representation or rerepresentation?
An offeror, the contracting officer, SBA, or another interested party may protest.
70
What must a contracting officer do upon receiving a protest?
The contracting officer shall promptly forward the protest to the SBA Government Contracting Area Director.
71
What must a protest contain to be valid?
The protest must include specific grounds for the protest and detailed evidence to support the allegation.
72
What is the time frame for a protest to be considered timely?
A protest must be received by the contracting officer by the close of business of the fifth business day after bid opening or receipt of special notification.
73
What happens if a protest is filed before bid opening?
The protest will be dismissed as premature by SBA.
74
What is the SBA's protocol after receiving a protest?
SBA will notify the contracting officer and the protester of the date it was received and provide a copy of the protest to the challenged concern.
75
Within how many business days must the SBA determine the size status of a challenged concern?
Within 15 business days after receipt of a protest.
76
What can happen if the SBA has not made a size determination within 15 business days?
The contracting officer may award the contract if there is an immediate need and waiting would be disadvantageous to the Government.
77
What must the contracting officer do if a protest challenges the small business status of an offeror not being considered for award?
The contracting officer is not required to suspend contract action but must forward the protest to the SBA.
78
Who can file an appeal from an SBA size determination?
Any concern or other interested party whose protest has been denied or adversely affected can file an appeal.
79
What happens if a concern is found to be other than small under a protest?
The contracting officer may permit contract performance to continue since the contract remains valid.