FAR Part 19 Deck 3

Question 1

What does ANC stand for?

Answer 1

Alaska Native Corporation

ANC refers to any corporation organized under the laws of Alaska in accordance with the Alaska Native Claims Settlement Act.

Question 2

Define ‘Commercial plan’ in the context of subcontracting.

Answer 2

A subcontracting plan that covers the offeror’s fiscal year and applies to the entire production of commercial products and performance of commercial services.

Question 3

What is the Electronic Subcontracting Reporting System (eSRS)?

Answer 3

The Governmentwide, electronic, web-based system for small business subcontracting program reporting.

Question 4

What constitutes ‘Failure to make a good faith effort to comply with the subcontracting plan’?

Answer 4

Willful or intentional failure to perform in accordance with the requirements of the subcontracting plan.

Question 5

What is the definition of an ‘Indian tribe’?

Answer 5

Any Indian tribe, band, group, pueblo, or community recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.

Question 6

What is an ‘Individual subcontracting plan’?

Answer 6

A subcontracting plan that covers the entire contract period, applies to a specific contract, and has goals based on planned subcontracting in support of that contract.

Question 7

Define ‘Master subcontracting plan’.

Answer 7

A subcontracting plan containing all required elements of an individual subcontracting plan, except goals.

Question 8

What does ‘Reduced Payment’ mean?

Answer 8

A payment that is for less than the amount agreed upon in a subcontract.

Question 9

What is a ‘Subcontract’?

Answer 9

Any agreement entered into by a Government prime contractor or subcontractor for supplies and/or services required for contract performance.

Question 10

What is meant by ‘Total contract dollars’?

Answer 10

The final anticipated dollar value, including the dollar value of all options.

Question 11

Define ‘Untimely Payment’.

Answer 11

A payment to a subcontractor that is more than 90 days past due under the terms of a subcontract.

Question 12

What is the simplified acquisition threshold for contracts requiring subcontracting plans?

Answer 12

Contracts with a value greater than $750,000 ($1.5 million for construction).

Question 13

True or False: Subcontracting plans are required from small business concerns.

Answer 13

False.

Question 14

What must a contractor agree to regarding subcontractor participation?

Answer 14

To provide maximum practicable opportunity for small business concerns to participate in contract performance.

Question 15

What are the eligibility requirements for participating in the subcontracting program?

Answer 15

Must represent as a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business.

Question 16

What is the primary responsibility of a prime contractor regarding subcontractor representations?

Answer 16

The prime contractor may accept the subcontractor’s written representations of its size and socioeconomic status unless there is reason to question it.

Question 17

What must subcontracting plans include regarding goals?

Answer 17

Separate percentage goals for using small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

Question 18

What does a subcontracting plan need to state about planned subcontracting dollars?

Answer 18

A statement of the total dollars planned to be subcontracted and the total dollars planned to be subcontracted to small business as a percentage of total subcontract dollars.

Question 19

What is required if a contract modification causes the value to exceed the threshold for subcontracting plans?

Answer 19

The contractor must submit a subcontracting plan if the contracting officer determines that subcontracting opportunities exist.

Question 20

What is the consequence of failing to comply in good faith with a subcontracting plan?

Answer 20

Material breach of contract and potential imposition of liquidated damages.

Question 21

What types of costs can a mentor firm credit towards subcontracting goals under the Mentor-Protégé Program?

Answer 21

Certain costs incurred in providing developmental assistance to a protégé firm.

Question 22

Fill in the blank: A contractor must provide maximum practicable opportunity for _______ small business concerns.

Answer 22

small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, women-owned small business.

Question 23

What is the role of the contracting officer regarding subcontracting plans?

Answer 23

To determine the need for a subcontracting plan and to approve subcontracting plans.

Question 24

What types of small businesses are identified in the text?

Answer 24

• veteran-owned small business
• service-disabled veteran-owned small business
• HUBZone small business
• small disadvantaged business (including ANCs and Indian tribes)
• women-owned small business concerns

These categories are crucial for ensuring equitable opportunities in government contracting.

Question 25

What must the offeror include in their description of subcontracting goals?

Answer 25

A description of the method used to develop the subcontracting goals. ## Footnote This ensures transparency and accountability in subcontracting practices.

Question 26

What is required in identifying potential sources for solicitation purposes?

Answer 26

A description of the method used to identify potential sources for solicitation purposes. ## Footnote This process is essential for effective subcontracting.

Question 27

True or False: The offeror must include indirect costs in establishing subcontracting goals.

Answer 27

True ## Footnote The offeror must also describe the method used to determine the proportionate share of indirect costs.

Question 28

What should the offeror describe about the individual administering the subcontracting program?

Answer 28

The name of the individual and a description of their duties. ## Footnote This ensures that there is accountability for managing the subcontracting program.

Question 29

Fill in the blank: The offeror must ensure that small business concerns have an _______ opportunity to compete for subcontracts.

Answer 29

[equitable] ## Footnote This is a key principle in promoting small business participation.

Question 30

What assurances must the offeror provide regarding clause 52.219-8?

Answer 30

The offeror will include the clause in all subcontracts that offer further subcontracting opportunities. ## Footnote This clause is essential for the utilization of small business concerns.

Question 31

What reports must the contractor submit to the Government?

Answer 31

* Individual Subcontract Report (ISR) * Summary Subcontract Report (SSR) ## Footnote These reports are crucial for tracking compliance with subcontracting plans.

Question 32

When is the ISR due?

Answer 32

Semi-annually during contract performance for periods ending March 31 and September 30. ## Footnote Reports are also required within 30 days of contract completion.

Question 33

What is the purpose of maintaining records concerning subcontracting procedures?

Answer 33

To comply with the requirements and goals in the plan. ## Footnote This includes efforts to locate and award subcontracts to small business concerns.

Question 34

True or False: An offeror must provide a written explanation if they fail to acquire supplies or services from small business concerns.

Answer 34

True ## Footnote This explanation must be submitted within 30 days of contract completion.

Question 35

What is a master plan in the context of subcontracting?

Answer 35

A plan that contains all required elements of the subcontracting plan except goals, effective for a 3-year period. ## Footnote Master plans must be maintained and updated by contractors.

Question 36

What is the preferred type of subcontracting plan for contractors furnishing commercial products?

Answer 36

A commercial plan. ## Footnote This type of plan simplifies the subcontracting process for commercial contractors.

Question 37

What must a contractor do 30 working days before the end of their fiscal year?

Answer 37

Submit a new commercial plan to the contracting officer responsible for the uncompleted Government contract. ## Footnote This ensures continuous compliance with subcontracting requirements.

Question 38

What are the responsibilities of contracting officers under the subcontracting assistance program?

Answer 38

* Encourage subcontracting opportunities * Require a subcontracting plan for certain contracts * Review subcontracting plans for adequacy ## Footnote These responsibilities are vital for promoting small business participation in government contracts.

Question 39

Fill in the blank: The contracting officer must determine if proposed total contract dollars will exceed the _______.

Answer 39

[subcontracting plan threshold] ## Footnote This threshold is crucial for determining the necessity of a subcontracting plan.

Question 40

What is the purpose of reviewing subcontracting plans?

Answer 40

To ensure that the required information, goals, and assurances are included. ## Footnote This review process helps maintain compliance with regulations.

Question 41

What happens if a bidder submits a plan that does not cover all required elements?

Answer 41

The contracting officer will advise the bidder of the deficiency and request a revised plan. ## Footnote Failure to comply may result in ineligibility for award.

Question 42

What may happen if a bidder does not comply with its obligations under clause 52.219-8?

Answer 42

The contracting officer may find the bidder nonresponsible.

Question 43

What is the basis for the contracting officer to determine the acceptability of a subcontracting plan?

Answer 43

The negotiation of each of the 15 elements of the plan.

Question 44

What types of small businesses should subcontracting goals aim to include?

Answer 44

* Small business * Veteran-owned small business * Service-disabled veteran-owned small business * HUBZone small business * Small disadvantaged business * Women-owned small business

Question 45

What should the contracting officer ensure regarding the offeror's subcontracting goals?

Answer 45

Goals should not be unreasonably low to minimize exposure to liquidated damages.

Question 46

What is the purpose of an incentive subcontracting clause?

Answer 46

To significantly increase subcontract awards to small businesses through additional contract efforts.

Question 47

What information should the contracting officer obtain to evaluate an offeror's past performance?

Answer 47

Information from the cognizant contract administration office.

Question 48

What must be ensured regarding the attainable goals offered by the contractor?

Answer 48

* Relation to subcontracting opportunities * Pool of eligible subcontractors * Actual performance in fulfilling prior goals

Question 49

What should the contracting officer evaluate concerning the offeror's make-or-buy policy?

Answer 49

Ensure it does not conflict with the proposed subcontracting plan.

Question 50

What actions should the contracting officer take post-award regarding subcontracting plans?

Answer 50

* Notify the SBA of the award * Forward copies of plans and approvals to the SBA * Monitor compliance with the subcontracting plan

Question 51

What is the significance of maximum practicable utilization of small businesses in government contracts?

Answer 51

It has both social and economic benefits.

Question 52

What indicates a contractor's good faith effort to comply with a subcontracting plan?

Answer 52

* Breaking out work into feasible units * Conducting market research * Soliciting small businesses early

Question 53

True or False: A contractor's failure to meet subcontracting goals always indicates a lack of good faith effort.

Answer 53

False.

Question 54

What are potential indicators of a contractor's failure to make a good faith effort?

Answer 54

* Failure to identify small business concerns * Not designating a company official for the program * Not submitting acceptable ISR or SSR

Question 55

What must the contracting officer do if the contractor fails to comply with subcontracting goals?

Answer 55

Review all available information for indications of a lack of good faith effort.

Question 56

What must the contracting officer provide to the contractor if they find a failure to make a good faith effort?

Answer 56

Written notice specifying the material breach and advising of potential liquidated damages.

Question 57

What is the basis for calculating liquidated damages if the contractor fails to comply?

Answer 57

The actual dollar amount by which the contractor failed to meet the goals.

Question 58

What must the contracting officer issue to the contractor to comply with the subcontracting plan?

Answer 58

A final decision and require the payment of liquidated damages in an amount stated. ## Footnote The contractor has the right to appeal under the Disputes clause.

Question 59

How is the amount of damages calculated for a contractor's failure to comply with subcontracting goals?

Answer 59

An amount equal to the actual dollar amount by which the contractor failed to achieve each subcontracting goal. ## Footnote For calculations for commercial plans, refer to paragraph (f) of the section.

Question 60

True or False: Liquidated damages are the only remedies available to the Government for a contractor's failure to comply with subcontracting goals.

Answer 60

False. Liquidated damages are in addition to any other remedies the Government may have.

Question 61

What is the role of the contracting officer regarding commercial plans?

Answer 61

Perform functions on behalf of all agencies, determine if goals were achieved, and assess liquidated damages if necessary. ## Footnote The contracting officer must document the results of the review.

Question 62

What information must the contracting officer request from the contractor to assess liquidated damages?

Answer 62

* Contract numbers for the Government contracts subject to the plan * Total Government sales during the contractor's fiscal year * Amount of payments made under the Government contracts contributing to total sales

Question 63

How is the pro rata share of subcontracting attributable to Government contracts calculated?

Answer 63

By determining the percentage of Government payments relative to the contractor's total sales and applying it to the total actual subcontracting. ## Footnote Example: If Government payments are 10% of total sales, then 10% of subcontracting is attributable to Government contracts.

Question 64

What must every contracting officer with a contract subject to a commercial plan include in the contract file?

Answer 64

* A copy of the approved plan * A copy of the final decision assessing liquidated damages, if applicable

Question 65

What are the responsibilities of the cognizant administrative contracting officer?

Answer 65

* Assist in evaluating subcontracting plans * Monitor, evaluate, and document contractor performance * Provide documentation on previous contractor performance * Notify if the contractor fails to meet commitments

Question 66

What role does the Small Business Administration (SBA) play in subcontracting plans?

Answer 66

* Assist Government agencies and contractors * Review solicitations and contractual documents * Evaluate compliance with subcontracting plans

Question 67

True or False: The SBA has the authority to prescribe the extent to which any contractor or subcontractor shall subcontract.

Answer 67

False. The SBA does not have this authority.

Question 68

When should the clause at 52.219-8, Utilization of Small Business Concerns, be inserted?

Answer 68

In solicitations and contracts expected to exceed the simplified acquisition threshold, unless specified exceptions apply.

Question 69

What conditions require the insertion of the clause at 52.219-9, Small Business Subcontracting Plan?

Answer 69

Contracts offering subcontracting possibilities expected to exceed $750,000, unless set aside or under the 8(a) program.

Question 70

What is the 8(a) Business Development Program?

Answer 70

A program that authorizes the SBA to enter into contracts with agencies and award subcontracts to eligible firms. ## Footnote Participants in the program are known as '8(a) contractors.'

Question 71

What is required for a small business to be designated as an 8(a) participant?

Answer 71

The SBA is responsible for determining eligibility based on specific regulations.

Question 72

How can acquisitions be selected for the 8(a) Program?

Answer 72

* SBA advises contracting activity of 8(a) capabilities * SBA identifies specific requirements for 8(a) participants * Agencies may review other acquisitions for potential 8(a) offerings

Question 73

What should an agency evaluate when determining the extent to which a requirement should be offered in support of the 8(a) program?

Answer 73

Current and future plans to acquire specific items or work that 8(a) participants seek to provide.

Question 74

What should an agency evaluate when determining the extent to which a requirement should be offered in support of the 8(a) program?

Answer 74

* Current and future plans to acquire specific items or work * Estimated quantities of supplies or services required * Length of contract, including option periods * Performance or delivery requirements * Impact of any delay in delivery * Previous acquisitions using small business set-asides * Problems encountered in previous acquisitions * Other pertinent information about 8(a) participants and capabilities ## Footnote Evaluation criteria are essential to ensure that the 8(a) program meets its objectives effectively.

Question 75

What is included in the offering letter that the contracting office sends to the SBA?

Answer 75

* Description of the work or items to be delivered * Estimated period of performance * NAICS code for the acquisition * Anticipated dollar value of the requirement * Special restrictions or geographical limitations * Special capabilities or disciplines needed * Type of contract anticipated * Acquisition history of the requirement * Statement regarding prior solicitations * Identification of any specific 8(a) participant * Bonding requirements * Identification of interested 8(a) participants * Identification of SBA field offices * Requests for competitive or sole source contracts * Other pertinent data ## Footnote The offering letter is a critical document that outlines the specifics of the contract and ensures transparency in the procurement process.

Question 76

True or False: An agency must submit an offering letter for each order under a basic ordering agreement (BOA) or blanket purchase agreement (BPA).

Answer 76

True ## Footnote This ensures that each order complies with the regulations governing the 8(a) program.

Question 77

What is the time frame for the SBA to respond to an offering letter for contracts exceeding the simplified acquisition threshold?

Answer 77

10 working days ## Footnote This time frame ensures timely processing and decision-making for significant contracts.

Question 78

Fill in the blank: The SBA will determine whether to accept the requirement for the _______ program.

Answer 78

[8(a)] ## Footnote The 8(a) program is designed to assist small disadvantaged businesses.

Question 79

What factors does the SBA consider when determining the eligibility of a nominated 8(a) participant for a sole source award?

Answer 79

* Business development needs * Compliance with competitive business mix requirements * Financial condition * Management ability * Technical capability * Equitable distribution of 8(a) contracts ## Footnote These factors help ensure that the awards promote fair competition and support the intended beneficiaries of the program.

Question 80

What must happen for repetitive acquisitions to be awarded through the 8(a) program?

Answer 80

* Separate offers and acceptances must occur ## Footnote This process allows for evaluation of the necessity and eligibility of each repetitive acquisition.

Question 81

What happens if an 8(a) participant's program term expires?

Answer 81

SBA will not accept new orders under the BOA or BPA for the participant ## Footnote This rule maintains the integrity of the 8(a) program by ensuring that only eligible participants can receive new contracts.

Question 82

What is required for sole source awards where the contracting officer does not nominate a specific 8(a) participant?

Answer 82

* SBA will select an 8(a) participant from among eligible participants ## Footnote This selection process is crucial for ensuring that the awards are distributed fairly among qualified participants.

Question 83

True or False: Agencies can take credit towards their small business goals for orders awarded to 8(a) contractors even after the contractor's 8(a) program term expires.

Answer 83

True ## Footnote This provision encourages agencies to continue utilizing 8(a) contractors, fostering ongoing support for small businesses.