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FAC exam prep by FAR Parts 16-30 > FAR Part 19 Deck 2 > Flashcards

FAR Part 19 Deck 2 Flashcards

(110 cards)

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1
Q

What does the contracting officer accept regarding small disadvantaged business concerns?

A

The contracting officer may accept an offeror’s representation that it is a small disadvantaged business concern (SDB).

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2
Q

Which provisions are used to collect SDB data?

A
  • 52.219-1, Small Business Program Representations
  • 52.212-3(c)(5), Offeror Representations and Certifications-Commercial Products and Commercial Services
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3
Q

What constitutes a misrepresentation of SDB status?

A

A representation of SDB status will be deemed a misrepresentation if the firm does not meet the requirements of 13 CFR 124.1001.

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4
Q

What are the penalties for misrepresenting SDB status?

A

Any person or entity that misrepresents SDB status will be subject to penalties under section 16(d) of the Small Business Act and any other authorized penalties.

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5
Q

What triggers an SBA review of SDB status?

A

SBA may initiate a review of SDB status whenever it receives credible information questioning the SDB status of a firm.

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6
Q

Where can requests for an SBA review of SDB status be sent?

A

Requests may be forwarded to the Small Business Administration, Associate Administrator for Business Development (AA/BD), Washington, DC.

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7
Q

How does an SBA review of a subcontractor’s SDB status differ from a formal protest?

A

An SBA review of a subcontractor’s SDB status differs from a formal protest in that protests of size as a prime contractor are processed under 19.302, while those for subcontractors are processed under 19.703(b).

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8
Q

What is the definition of ‘Interested party’ in the context of HUBZone protests?

A

It has the meaning given in 13 CFR 126.103.

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9
Q

Who may protest a contractor’s certified HUBZone status for sole-source procurements?

A

SBA or the contracting officer may protest the certified HUBZone status.

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10
Q

What happens if SBA upholds a protest of HUBZone status?

A

SBA will remove the concern’s HUBZone status in the Dynamic Small Business Search (DSBS).

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11
Q

What is the requirement for all protests regarding HUBZone status?

A

All protests must be in writing and must state all specific grounds for the protest.

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12
Q

What is the time limit for submitting a protest for sealed bids?

A

By the close of business on the fifth business day after bid opening or identification of the apparent successful offeror.

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13
Q

What must a contracting officer do after receiving a HUBZone status protest?

A

The contracting officer shall either withhold contract award until SBA determines the status or award the contract if certain conditions are met.

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14
Q

What is the consequence of a determination that a firm is ineligible as a HUBZone small business?

A

The contracting officer shall not award the contract to the protested concern.

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15
Q

What is the appeal process for HUBZone status determinations?

A

The protested HUBZone small business concern, the protester, or the contracting officer may file appeals with SBA’s AA/GC&BD within 5 business days.

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16
Q

What must an appeal identify?

A

The appeal must identify the protest determination being appealed and state why the decision is erroneous.

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17
Q

What is the definition of ‘Interested party’ for service-disabled veteran-owned small business protests?

A

It has the meaning given in 13 CFR 134.1002(b).

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18
Q

Who can protest an apparently successful offeror’s SDVOSB status?

A

For sole source acquisitions, the contracting officer, the Department of Veterans Affairs (VA), or SBA; for all other acquisitions, any interested party.

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19
Q

What regulations govern SBA’s protests related to SDVOSB status?

A

SBA’s protest regulations are found in 13 CFR 128.500 and 13 CFR part 134.

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20
Q

What must all protests regarding SDVOSB status include?

A

All protests must be in writing and state all specific grounds for the protest.

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21
Q

What must evidence support for SDVOSB status protests?

A

Evidence must show that owners cannot provide documentation from the VA or that the concern is not 51 percent owned and controlled by service-disabled veterans.

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22
Q

What must the owner(s) provide to show they meet the definition of service-disabled veteran?

A

Documentation from the VA to meet the definition of service-disabled veteran or service-disabled veteran with a permanent and severe disability

As set forth in 13 CFR 128.102.

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23
Q

What evidence must be presented for ownership and control protests regarding SDVOSBs?

A

Evidence that the concern is not 51 percent owned and controlled by one or more service-disabled veterans

For veterans with permanent and severe disabilities, evidence that the concern is not controlled by the veteran, spouse, or permanent caregiver.

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24
Q

What is required for ostensible subcontractor protests in set-aside or sole-source service contracts?

A

Credible evidence of undue reliance on a small entity subcontractor that is not a similarly-situated entity or that the small non-similarly situated entity is performing the primary and vital requirements of the contract

Refer to 13 CFR 125.1 for definitions.

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25
What must be shown for joint venture protests regarding SDVOSB status?
Evidence that the managing SDVOSB joint venture partner does not meet the requirements at 13 CFR 128.402
26
How does OHA regard assertions that a protested concern is not a service-disabled veteran-owned small business without specific facts?
Such assertions will not be considered by OHA ## Footnote See 13 CFR 134.1005.
27
What is the deadline for an interested party to submit a protest after bid opening for sealed bid acquisitions?
By close of business on the fifth business day after bid opening
28
What information must be included in the referral letter when forwarding a protest to the SBA?
The following information: * Solicitation number * Name, address, telephone number, email address of the contracting officer * Whether the contract was sole-source or set-aside * Whether the protestor submitted an offer * Whether the protested concern was the apparent successful offeror * When the protested concern submitted its initial offer * Acquisition method * Bid opening date * Dates of protest receipt and notification of the apparent successful offeror * Whether a contract has been awarded.
29
What happens if a protest is received after the designated time limits?
It is considered untimely, except if filed by the VA or SBA at any time
30
What must the contracting officer do after receiving a protest involving an apparent successful offeror's SDVOSB status?
Either withhold the contract award until OHA determines the status or award the contract if necessary to protect the public interest
31
What is the timeline for OHA to issue decisions on protests?
OHA does not have a standard timeline for issuing decisions
32
What must a contracting officer do if OHA sustains a protest and determines a concern is not an SDVOSB?
Shall not award the contract to the protested concern
33
What is required from a concern found to be ineligible as an SDVOSB?
It may not submit future offers as an SDVOSB concern until designated as such by SBA
34
What is the definition of an interested party in the context of protests for WOSB or EDWOSB concerns?
As defined in 13 CFR 127.102
35
What evidence must be presented to challenge a concern's status as an EDWOSB?
Evidence that the concern is not at least 51 percent owned and controlled by one or more economically disadvantaged women who are U.S. citizens
36
What is required for WOSB or EDWOSB set-aside or sole-source service contracts regarding subcontractors?
Evidence that the prime contractor is unduly reliant on a small entity subcontractor that is not a similarly-situated entity
37
What happens if SBA does not issue its determination within 15 business days after receiving a protest?
The contracting officer may award the contract if there is an immediate need
38
What must the contracting officer do if SBA sustains a protest and determines a concern is not eligible under the WOSB Program?
Shall not award the contract to the protested concern
39
What must a concern do within 2 days of an OHA decision if it is determined ineligible?
Remove its designation in SAM as an SDVOSB concern
40
What must the contracting officer do if a contract is awarded and SBA's ruling is received after the award?
The contracting officer shall terminate the contract unless a written determination states that termination is not in the best interests of the Government. ## Footnote The contracting officer shall not exercise any options or award further task or delivery orders.
41
What happens to a concern's designation in the Dynamic Small Business Search (DSBS) if SBA finds it ineligible under the WOSB Program?
SBA will remove the concern's designation as an EDWOSB or WOSB concern eligible under the WOSB Program. ## Footnote The concern shall not submit an offer as an EDWOSB or WOSB concern until SBA issues a decision that the ineligibility is resolved.
42
What is the time limit for filing an appeal of a WOSB or EDWOSB status protest determination with OHA?
10 business days after the date of receipt of the protest determination. ## Footnote SBA will dismiss an untimely appeal.
43
True or False: OHA must make its decision on an appeal within 30 business days.
False. OHA will make its decision within 15 business days of the receipt of the appeal, if practicable.
44
What provision must be inserted in solicitations exceeding the micro-purchase threshold when the contract is for supplies or services in the U.S.?
The provision at 52.219-1, Small Business Program Representations. ## Footnote This applies when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii).
45
What does a 'set-aside for small business' mean?
The limiting of an acquisition exclusively for participation by small business concerns.
46
What is the role of the SBA procurement center representatives (PCRs)?
To carry out SBA policies and programs in contracting activities or contract administration offices. ## Footnote They are required to comply with the contracting agency's directives.
47
What must happen if a contracting officer receives only one acceptable offer from a responsible small business concern in response to a set-aside?
The contracting officer should make an award to that firm.
48
Fill in the blank: The contracting officer shall set aside an individual acquisition or class of acquisitions for competition among small businesses when it is determined to be in the interest of _______.
[maintaining or mobilizing the Nation’s full productive capacity, war or national defense programs]
49
What does a small business reserve entail?
To award one or more multiple-award contracts to any of the small business concerns identified at 19.000(a)(3), under full and open competition.
50
What must be included in all solicitations involving set-asides?
The NAICS code(s) and corresponding size standard(s).
51
What is the requirement for setting aside acquisitions in terms of the anticipated dollar value?
Each acquisition of supplies or services above the micro-purchase threshold shall be set aside for small business unless a determination states otherwise.
52
What happens if a contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns?
The set-aside shall be withdrawn, and the requirement shall be resolicited on an unrestricted basis.
53
What is the purpose of small business set-asides?
To award certain acquisitions exclusively to small business concerns.
54
What must the contracting officer do upon the request of an SBA PCR?
Make available for review any proposed acquisition in excess of the micro-purchase threshold.
55
What is the maximum timeframe for OHA to make a decision on an appeal?
15 business days.
56
What is required for an acquisition to not be subject to simplified acquisition procedures?
The acquisition must not be subject to simplified acquisition procedures.
57
What is a requirement for two or more responsible small business concerns in relation to set-asides?
They must be reasonably expected to submit offers that are competitive in terms of fair market prices, quality, and delivery.
58
What must the solicitation result in regarding contracts?
The solicitation must result in a contract other than a multiple-award contract.
59
What must the contracting officer identify in the solicitation for partial set-asides?
The contracting officer must identify which portion or portions are set aside and not set aside.
60
What happens to offers from concerns that do not qualify as small business concerns on the set-aside portion?
They shall be considered nonresponsive and shall be rejected.
61
What must be obtained before rejecting an eligible offer due to size representation questions?
An SBA determination must be obtained.
62
What indicates that a total set-aside is not appropriate?
Market research indicates that a total set-aside is not appropriate.
63
What is necessary for a requirement to be divided into distinct portions?
The requirement must be capable of being divided into distinct portions.
64
What are the insufficient reasons for not setting aside an acquisition?
A large percentage of previous contracts with small businesses, being on an established planning list, being on a Qualified Products List, and others.
65
What does a class of acquisitions set aside for small business require?
Individual acquisitions in the class must meet the criteria in specified sections.
66
What must each class small business set-aside determination include?
It must specifically identify the product(s) and service(s) it covers.
67
What should the contracting officer do if there are changes after a class small business set-aside approval?
Review each individual acquisition for changes and potentially withdraw or modify the set-aside.
68
What is the requirement for including Federal Prison Industries, Inc. in the solicitation process?
Agencies shall include FPI in the solicitation process and consider timely offers from FPI.
69
What must happen if a contracting officer rejects an SBA recommendation?
Written notice must be provided to the appropriate SBA representative within 5 working days.
70
What can the SBA PCR do if the contracting officer rejects their recommendation?
The SBA PCR may appeal the rejection to the head of the contracting activity.
71
What happens if the agency head agrees with the contracting officer's rejection?
The SBA may request to suspend action on the acquisition until the SBA Administrator appeals.
72
What must the contracting officer include in the contract file if withdrawing a small business set-aside?
A written statement supporting the withdrawal or modification.
73
What happens to a small business set-aside if it is not awarded?
The determination to set the acquisition aside is automatically dissolved.
74
What should the contracting officer ensure before issuing a solicitation after a set-aside is dissolved?
Ensure that the delivery schedule is realistic.
75
What may contracting officers do when conducting multiple-award procurements?
Reserve one or more contract awards for small business concerns.
76
What are the implications of a reserve in multiple-award contracts?
It may result in awards to small business concerns or small businesses with a Teaming Arrangement.
77
What must contracting officers consider for setting aside orders above the simplified acquisition threshold?
They must first consider small business socioeconomic contracting programs.
78
What is required for orders under total set-aside contracts?
Contracting officers may set aside orders for small business socioeconomic concerns.
79
What limitations apply to subcontracting and nonmanufacturer rules?
They apply to small business set-asides above the simplified acquisition threshold.
80
What does 19.505 Limitations on subcontracting and nonmanufacturer rule apply to?
Small business set-asides above the simplified acquisition threshold and orders issued directly to small businesses ## Footnote This includes various types of contracts and awards under specific subparts.
81
What is the maximum percentage a small business can pay to subcontractors that are not similarly situated entities for service contracts?
50 percent ## Footnote This applies to the amount paid by the Government for contract performance.
82
What is the compliance period for a small business contractor subject to limitations on subcontracting?
By the end of the base term and each subsequent option period or by the end of the performance period for each order issued ## Footnote This is at the contracting officer's discretion.
83
What is the nonmanufacturer rule?
A rule that applies to nonmanufacturers that provide an end item not manufactured by themselves, requiring them to meet specific criteria ## Footnote This includes providing items manufactured by small businesses in the U.S.
84
What are the requirements for a nonmanufacturer under the nonmanufacturer rule?
Must not exceed 500 employees, be primarily engaged in retail or wholesale trade, and take ownership of the items ## Footnote Specific limits apply for information technology resellers.
85
Fill in the blank: A small business concern must not pay more than _______ of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities for construction contracts.
85 percent
86
What is required for kit assemblers under the nonmanufacturer rule?
At least 50 percent of the total cost of components must be manufactured in the U.S. by small businesses ## Footnote This applies specifically to kits of supplies.
87
True or False: The SBA may grant waivers to the nonmanufacturer rule.
True ## Footnote Waivers can be individual or class waivers based on specific criteria.
88
What documentation is required when a contract is not totally set aside for small business?
The contracting officer must document the rationale for the decision ## Footnote This includes recommendations from the Office of Small and Disadvantaged Business Utilization.
89
What clause should be inserted in solicitations and contracts involving total small business set-asides?
Clause at 52.219-6, Notice of Total Small Business Set-Aside ## Footnote This clause is used in multiple-award contracts as well.
90
What is a Certificate of Competency (COC)?
A certificate issued by the SBA stating that the holder is responsible for receiving and performing a specific Government contract ## Footnote It assesses various elements of responsibility.
91
What is the role of the COC program?
To certify the responsibility of small business concerns for Government contracts ## Footnote It does not cover regulatory requirements from other Federal agencies.
92
Fill in the blank: The COC program is applicable to all Government acquisitions except for _______.
8(a) sole-source awards
93
What should a contracting officer do upon determining a small business offeror to be nonresponsible?
Refer that small business to the SBA for a possible COC ## Footnote This applies even if the next acceptable offer is from a small business.
94
What is the purpose of the COC program?
To assist small business concerns in receiving and performing specific Government contracts. ## Footnote COC stands for Certificate of Competency.
95
Which Government acquisitions does the COC program apply to?
All Government acquisitions except for 8(a) sole-source awards.
96
What should a contracting officer do if a small business offeror is determined to be nonresponsible?
Refer that small business to the SBA for a possible COC.
97
How should a contracting officer treat a small business's inability to comply with limitations on subcontracting?
As an element of responsibility subject to the COC process.
98
Are contracting officers located overseas required to comply with the COC program?
Yes, they are required to comply for U.S. small business concerns.
99
What can a small business nonmanufacturer furnish for a COC on an unrestricted acquisition?
Any end item produced or manufactured in the United States or its outlying areas.
100
What must a contracting officer do upon determining that a small business lacks certain elements of responsibility?
Withhold contract award and refer the matter to the SBA.
101
What documentation must be included in the referral to the SBA?
A notice of nonresponsibility and relevant procurement documents including: * Solicitation * Final offer * Abstract of bids * Preaward survey * Technical data package * Any other justification.
102
What is the maximum time a contracting officer must withhold contract award after a referral to the SBA?
15 business days or longer if agreed upon.
103
What actions can the SBA take within 15 business days after receiving a referral?
Inform the small business of the determination and offer an opportunity to apply for a COC.
104
What can the SBA do during the COC review process?
Review all elements of responsibility, not limited to those cited by the contracting officer.
105
What options does the SBA provide if a COC is warranted for contracts valued at $25,000,000 or less?
Notify the contracting officer to either accept the COC decision or suspend the case for further review.
106
What is the process if there are disagreements regarding a concern's ability to perform?
The contracting officer and SBA should attempt to resolve through information exchange before final action.
107
What are the options for SBA Headquarters when dealing with COCs valued over $25,000,000?
Request agency meetings or accept new information for evaluation.
108
Under what conditions can the SBA reconsider a COC after issuance?
If false information was submitted or if it has been over 60 days since issuance.
109
What happens if new information shows a referred concern is responsible?
The contracting officer can reverse the nonresponsibility determination and proceed with the award.
110
What happens if the SBA does not issue a COC within the stipulated time?
The contracting officer can award the contract to another responsible offeror.

FAC exam prep by FAR Parts 16-30 (16 decks)

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