FAR Part 19 Deck 4 Flashcards

(83 cards)

1
Q

What is the competitive basis for awarding an acquisition under the 8(a) program?

A

Limited to eligible 8(a) participants if at least two will submit offers and the award can be made at fair market price.

The total value must exceed $7 million for manufacturing NAICS codes and $4.5 million for other acquisitions.

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2
Q

Under what conditions can the SBA accept a sole source 8(a) award?

A

If there is not a reasonable expectation of at least two eligible participants or if the requirement is accepted on behalf of an Indian tribe or Alaska Native Corporation.

This applies when the acquisition exceeds competitive thresholds.

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3
Q

What is the limit on dividing a proposed 8(a) requirement into smaller amounts?

A

A proposed requirement exceeding the competitive threshold cannot be divided to use sole source procedures for award to a single firm.

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4
Q

Who may approve requests for competitive 8(a) awards below competitive thresholds?

A

The SBA Associate Administrator for Business Development.

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5
Q

What must be done if the apparent successful offeror is determined ineligible?

A

The contracting office must submit the identity of the next highest evaluated offeror for eligibility determination.

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6
Q

What is the timeframe for the SBA to determine the eligibility of the apparent successful offeror?

A

Within 5 working days after receiving the request for eligibility determination.

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7
Q

How must an 8(a) participant represent itself during contract negotiation?

A

As a small business in accordance with the size standard for the NAICS code assigned to the contract.

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8
Q

What percentage of costs must an 8(a) participant perform with its own employees for services?

A

At least 50% of the cost incurred for personnel.

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9
Q

What is the compliance requirement for subcontracting for an 8(a) contractor?

A

Must comply with limitations on subcontracting by the end of the base term and each subsequent option period.

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10
Q

What is the maximum contract price for a sole-source 8(a) contract that the SBA will negotiate without justification?

A

$25 million.

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11
Q

What must the SBA do if it does not initiate negotiations for a sole-source contract in a timely manner?

A

The agency may proceed with acquisition from other sources after notifying the SBA.

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12
Q

What is the purpose of a preaward survey for an 8(a) participant?

A

To assess the participant’s ability to perform the contract.

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13
Q

What is the nonmanufacturer rule in relation to 8(a) contracts?

A

It specifies requirements for 8(a) participants regarding the manufacturing of supplies or products.

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14
Q

What factors are considered in estimating the fair market price for an acquisition?

A
  • Cost or price analysis
  • Commercial prices for similar products
  • In-house cost estimates
  • Data from other government agencies.
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15
Q

What happens if an 8(a) participant does not comply with limitations on subcontracting?

A

SBA will not grant future waivers for the 8(a) participant.

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16
Q

What must the SBA include in a contract prepared for an 8(a) participant?

A
  • SBA contract number
  • Effective date
  • Typed name and signature of SBA’s contracting officer
  • Date signed.
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17
Q

True or False: The SBA certifies joint ventures into the 8(a) program.

A

False.

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18
Q

In competitive 8(a) acquisitions, who conducts negotiations?

A

The contracting officer conducts negotiations directly with the competing 8(a) participants.

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19
Q

What must the contracting officer do if there are doubts about an 8(a) participant’s ability to perform?

A

Refer the matter to SBA for Certificate of Competency consideration.

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20
Q

What is the SBA contract number?

A

The unique identifier assigned to a contract by the SBA

This number is essential for tracking and managing contracts within the SBA framework.

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21
Q

What is the effective date in contract terms?

A

The date on which the contract becomes enforceable

This date is critical for determining the timeline of contract obligations.

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22
Q

What must be included in the signature block of the SBA contracting officer?

A

Typed name, signature, and date signed

These elements authenticate the contract and confirm the officer’s approval.

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23
Q

What is the maximum time frame for the SBA to return the signed contract?

A

10 working days

This time frame applies to both the prime contract and any subsequent bilateral modifications.

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24
Q

What is a single contract document in the context of SBA procedures?

A

A document that combines the prime contract and the 8(a) contractor’s agreement

It simplifies the contracting process by consolidating information required from both parties.

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25
Which form is used for the single contract document?
Standard Form (SF) 26 or 1442 ## Footnote These forms are used to standardize federal contracts.
26
What information must be included in the tripartite agreement?
* Agency acquisition office * Prime contract number * Name of agency contracting officer * Signature lines and dates * SBA office details * SBA contract number * Name of SBA contracting officer * 8(a) subcontractor signature lines ## Footnote This ensures all parties are aware of their responsibilities and agreements.
27
What is the simplified acquisition threshold?
A dollar amount that determines the use of simplified acquisition procedures ## Footnote This threshold varies based on federal regulations and is crucial for small purchases.
28
What clause must be inserted in contracts for special 8(a) conditions?
Clause at 52.219-11, Special 8(a) Contract Conditions ## Footnote This clause outlines specific requirements and conditions applicable to 8(a) contracts.
29
What is the purpose of the clause at 52.219-18?
Notification of Competition Limited to Eligible 8(a) Participants ## Footnote It restricts competition to 8(a) certified businesses within specific SBA districts.
30
What is required for contract administration according to 19.812?
Assign contract administration functions based on the 8(a) contractor's location ## Footnote Proper assignment ensures effective oversight and management of contracts.
31
What must the contracting officer verify for contracts over 5 years?
That the concern is an SBA-certified 8(a) participant ## Footnote This verification is required to ensure ongoing eligibility for contract options.
32
What happens if an 8(a) contractor transfers ownership or control?
The contract must be terminated for convenience unless a waiver is granted ## Footnote This requirement protects the integrity of the 8(a) program by ensuring compliance.
33
True or False: An 8(a) participant's eligibility for a sole source contract can be protested by another 8(a) participant.
False ## Footnote Eligibility challenges must be directed to the SBA and are not permitted by other participants.
34
Who can request a formal size determination for an 8(a) sole source contract?
* The nominated 8(a) participant * The contracting officer * The SBA District Director * The SBA Inspector General ## Footnote These stakeholders have the authority to question size status under specific circumstances.
35
What must a contracting officer do if a requirement is released from the 8(a) program?
Make a written request to the SBA Associate Administrator for Business Development ## Footnote This ensures compliance with SBA regulations regarding contract management.
36
What happens when a contractor exits the 8(a) program?
It is no longer eligible for new 8(a) contracts but must complete existing contracts ## Footnote This maintains accountability for contracts awarded during the contractor's participation.
37
What is the purpose of the HUBZone Program?
To provide Federal contracting assistance for qualified small businesses in historically underutilized business zones ## Footnote This program aims to stimulate economic development and employment in targeted areas.
38
What determines status as a HUBZone small business concern?
Determined by the Small Business Administration in accordance with 13 CFR Part 126 ## Footnote Compliance with these regulations is necessary for participation in the HUBZone Program.
39
What is the purpose of the HUBZone Program?
To provide Federal contracting assistance for qualified small business concerns located in historically underutilized business zones.
40
Who determines the status of a HUBZone small business concern?
The Small Business Administration (SBA) in accordance with 13 CFR Part 126.
41
What must a joint venture include to be considered a HUBZone small business concern?
* The joint venture qualifies as small under 19.301-1(a)(2)(i) * At least one party to the joint venture is a HUBZone small business concern * The joint venture complies with 13 CFR 126.616(a) through (c)
42
What are HUBZone preferences based on?
Only firms designated in DSBS and SAM as HUBZone small business concerns are eligible for HUBZone preferences.
43
What is the threshold for acquisitions that may be set aside for HUBZone small business concerns?
Acquisitions exceeding the micro-purchase threshold.
44
True or False: HUBZone set-asides are contingent on the place of performance.
False.
45
What should a contracting officer expect to set aside an acquisition for HUBZone small business concerns?
* Offers will be received from two or more HUBZone small business concerns * Award will be made at a fair market price.
46
What happens if a contracting officer receives only one acceptable offer from a HUBZone small business concern?
The contracting officer should make an award to that concern.
47
What is the maximum contract price for HUBZone sole-source awards in manufacturing NAICS codes?
$7 million.
48
What is the price evaluation preference for HUBZone small business concerns?
A factor of 10 percent is added to all offers from HUBZone small business concerns.
49
What clause must be inserted in solicitations and contracts for HUBZone set-asides?
Clause 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.
50
What is the purpose of the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program?
To provide Federal contracting assistance to service-disabled veteran-owned small business concerns.
51
How is status as an SDVOSB concern determined?
By SBA in accordance with 13 CFR part 128.
52
Effective January 1, 2024, what certification must an SDVOSB concern have to be eligible for set-asides?
Designated in SAM as an SDVOSB concern certified by SBA.
53
What must a contracting officer verify for an SDVOSB set-aside or sole-source contract?
* Effective January 1, 2024, the offeror is designated in SAM as an SDVOSB concern certified by SBA * The offeror has submitted an application for certification to SBA on or before December 31, 2023.
54
What happens if a concern is found not to qualify as an SDVOSB concern?
The concern must update its SDVOSB status in SAM within 2 days of SBA's final decision.
55
What are the exclusions from the SDVOSB Program?
* Requirements satisfied through award to Federal Prison Industries, Inc. * Orders under indefinite-delivery contracts * Orders against Federal Supply Schedules * Requirements currently performed by an 8(a) participant.
56
What procedures must a contracting officer follow before setting aside an acquisition under the SDVOSB Program?
Shall comply with 19.203.
57
What must a contracting officer do if they receive only one acceptable offer from an SDVOSB concern in response to a set-aside?
Make an award to that concern.
58
What must the contracting officer do if they reject a recommendation to set aside an acquisition for SDVOSB concerns?
Notify the contracting officer of its intent to appeal within 5 business days.
59
What must the SBA procurement center representative do within 5 working days of receiving a contracting officer's notice of rejection?
Notify the contracting officer, in writing, of its intent to appeal ## Footnote This applies to decisions regarding setting aside acquisitions for competition restricted to SDVOSB concerns.
60
What happens after the SBA notifies the contracting officer of its intent to appeal?
The contracting officer shall suspend action on the acquisition unless urgent and compelling circumstances exist ## Footnote This is subject to a written determination by the head of the contracting activity.
61
How long does the SBA have to file a formal appeal after notifying the contracting officer?
15 working days ## Footnote Failure to file within this timeframe may result in the appeal being considered withdrawn.
62
What is the maximum anticipated award price for a sole-source contract to a SDVOSB concern within manufacturing NAICS codes?
$7 million ## Footnote For other NAICS codes, the limit is $4 million.
63
What are the requirements for a contracting officer to consider a sole-source award to a SDVOSB concern?
Must not have reasonable expectation of offers from two or more SDVOSBs, and must meet several other criteria ## Footnote These include fair and reasonable price, responsibility of the contractor, and that the requirement is not currently performed under the 8(a) program.
64
As of January 1, 2024, what certification is required for a sole-source contract to be awarded to an SDVOSB concern?
Must be designated in SAM as an SDVOSB concern certified by SBA ## Footnote Alternatively, must have submitted an application for certification to SBA before December 31, 2023.
65
What clause must be inserted in solicitations and contracts for acquisitions set aside for SDVOSB concerns?
Clause at 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns ## Footnote This applies under sections 19.1405 and 19.1406.
66
What is the purpose of the Women-Owned Small Business (WOSB) Program?
To ensure women-owned small business concerns have equal opportunity in Federal contracting ## Footnote Also to assist agencies in achieving their women-owned small business participation goals.
67
What determines the status of an EDWOSB concern or WOSB concern under the WOSB Program?
Determined by the Small Business Administration in accordance with 13 CFR part 127 ## Footnote This includes eligibility for set-asides or sole-source contracts.
68
What must a contracting officer verify when a WOSB seeks a WOSB or EDWOSB set-aside?
The offeror is registered in SAM and designated as a certified EDWOSB or WOSB concern ## Footnote Pending applications for certification are found in the Dynamic Small Business Search.
69
What exclusions apply to the WOSB Program?
Requirements under the 8(a) program, mandatory Government sources, indefinite-delivery contracts, and Federal Supply Schedules ## Footnote Each exclusion has specific conditions outlined.
70
When can a contracting officer restrict competition to EDWOSB concerns?
When the acquisition is assigned a NAICS code in which SBA has determined WOSB concerns are underrepresented ## Footnote Must also expect two or more EDWOSB offers.
71
What must be verified before awarding a contract to an EDWOSB or WOSB concern?
That the offeror is certified in SAM or has a pending application in DSBS ## Footnote Offers not meeting these criteria must be removed from consideration.
72
What happens if no acceptable offers are received from an EDWOSB or WOSB concern?
The set-aside shall be withdrawn ## Footnote The requirement must then be considered for set aside according to 19.203 and subpart 19.5.
73
What clause must be inserted in contracts for acquisitions set aside for EDWOSB concerns?
Clause at 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-owned Small Business Concerns ## Footnote This applies under section 19.1505.
74
What is the purpose of clause 52.219-29?
To provide notice of set-aside for, or sole-source award to, Economically Disadvantaged Women-owned Small Business Concerns ## Footnote Applicable in solicitations and contracts set aside for EDWOSB concerns under specific sections.
75
In what types of contracts should clause 52.219-29 be inserted?
In solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to EDWOSB concerns ## Footnote Includes multiple-award contracts and specific order issuance scenarios.
76
What does clause 52.219-30 address?
Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program ## Footnote Relevant for acquisitions set aside or awarded on a sole-source basis to WOSB concerns.
77
When should clause 52.219-30 be used?
In solicitations and contracts for acquisitions set aside or awarded on a sole-source basis to WOSB concerns under specific sections ## Footnote Applicable to multiple-award contracts as well.
78
What is the focus of clause 52.219-14?
Limitations on Subcontracting ## Footnote Refer to the prescription at section 19.507(e) for guidelines.
79
What does clause 52.219-33 pertain to?
Nonmanufacturer Rule ## Footnote See the prescription at section 19.507(h) for its application.
80
Fill in the blank: Clause 52.219-29 is for _______.
[EDWOSB concerns]
81
Fill in the blank: Clause 52.219-30 is relevant to _______.
[WOSB concerns]
82
True or False: Clause 52.219-14 is used for the limitations on subcontracting.
True
83
True or False: Clause 52.219-33 is related to the Manufacturer Rule.
False