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FAC exam prep by FAR Parts 1-15 > FAR Part 3 Deck 1 > Flashcards

FAR Part 3 Deck 1 Flashcards

(80 cards)

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1
Q

What is the scope of Part 3?

A

This part prescribes policies and procedures for avoiding improper business practices and personal conflicts of interest and for dealing with their apparent or actual occurrence.

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2
Q

What are the general standards of conduct for Government personnel?

A

Government business shall be conducted above reproach, with complete impartiality and no preferential treatment.

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3
Q

What should be strictly avoided in Government-contractor relationships?

A

Any conflict of interest or even the appearance of a conflict of interest.

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4
Q

What is the rule regarding solicitation and acceptance of gratuities by Government personnel?

A

No Government employee may solicit or accept any gratuity, gift, favor, or anything of monetary value from individuals seeking Government business.

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5
Q

What exceptions exist for the solicitation and acceptance of gratuities?

A

Certain limited exceptions are authorized in agency regulations.

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6
Q

What is required of agencies according to Executive Order 11222?

A

Agencies must prescribe ‘Standards of Conduct’ including exceptions to solicitation rules and disciplinary measures.

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7
Q

What is the purpose of the Certificate of Independent Price Determination?

A

To ensure that the pricing offered by contractors is independently determined.

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8
Q

When must the contracting officer insert the provision for the Certificate of Independent Price Determination?

A

In solicitations for firm-fixed-price contracts or fixed-price contracts with economic price adjustments unless specified exceptions apply.

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9
Q

What does ‘participating personally and substantially’ in a procurement mean?

A

Active and significant involvement in drafting, reviewing, or approving procurement specifications, evaluating bids, or negotiating contract terms.

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10
Q

What must be reported if an offer is rejected due to suspected collusion?

A

The situation must be reported to the Attorney General.

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11
Q

What is the definition of ‘compensation’ in the context of procurement integrity?

A

Wages, salaries, honoraria, commissions, professional fees, and any other form of compensation for services rendered.

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12
Q

What is the purpose of the procurement integrity section?

A

To define and prohibit certain unethical behaviors in procurement processes.

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13
Q

What are the penalties for violations of procurement integrity?

A

Criminal and civil penalties, and further administrative remedies.

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14
Q

What is the significance of the term ‘contractor bid or proposal information’?

A

It includes any information submitted to a Federal agency as part of a bid or proposal that has not been publicly disclosed.

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15
Q

What is the policy regarding contractor gratuities to Government personnel?

A

Contractors must not provide gratuities to Government personnel.

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16
Q

What are the procedures for filing whistleblower complaints under the contractor code?

A

Procedures include filing complaints, investigating complaints, and remedies and enforcement of orders.

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17
Q

What does the term ‘buying-in’ refer to?

A

A practice where a contractor offers a price lower than their cost to secure a contract.

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18
Q

What are the definitions related to subcontractor kickbacks?

A

Kickbacks are defined as any payment made to induce a subcontractor to provide a bid or proposal.

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19
Q

What is the policy regarding contracts with Government employees?

A

Contracts with Government employees or organizations owned or controlled by them are subject to specific regulations and exceptions.

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20
Q

What is the purpose of the section on limitations on the payment of funds to influence Federal transactions?

A

To prohibit and regulate payments aimed at influencing Federal transactions.

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21
Q

What is required regarding confidentiality agreements or statements?

A

There is a prohibition on providing funds to entities that require certain internal confidentiality agreements.

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22
Q

What does the term ‘whistleblower protections’ entail?

A

Protections for contractor employees who report misconduct or violations in the procurement process.

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23
Q

What must be approved by the senior procurement executive of the agency according to 3.104?

A

Clauses required by 3.104 must be approved unless a law establishes a higher level of approval for that agency.

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24
Q

What is prohibited by 18 U.S.C. 201 and 10 U.S.C. 4651?

A

The offer or acceptance of a bribe or gratuity.

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25
Under what circumstances is the acceptance of a gift prohibited?
Under certain circumstances as prohibited by 5 U.S.C. 7353 and 5 CFR Part 2635.
26
What does 'seeking employment' refer to in the context of acquisition?
Contacts with an offeror during the conduct of an acquisition.
27
What is prohibited by 18 U.S.C. 208 and 5 CFR Part 2635?
Employees are prohibited from participating personally and substantially in matters affecting the financial interests of persons with whom they are seeking employment.
28
What must an employee do if they are seeking employment with an offeror?
They must comply with disqualification requirements of 5 CFR 2635.604 and 2635.606.
29
What restrictions apply to former Government employees under 18 U.S.C. 207?
They are prohibited from representing a contractor before the Government in relation to contracts on which they participated personally and substantially.
30
What must be protected under 18 U.S.C. 1905?
Information related to procurements and contractor information.
31
What laws may prohibit the release of information before and after a contract award?
The Privacy Act (5 U.S.C. 552a) and the Trade Secrets Act (18 U.S.C. 1905).
32
Fill in the blank: A person must not knowingly disclose contractor bid or proposal information or source selection information before the award of a _______.
[Federal agency procurement contract]
33
Who is prohibited from disclosing procurement information according to 41 U.S.C. 2102?
Present or former officials of the United States with access to contractor bid or proposal information.
34
What actions must an agency official take upon contact regarding non-Federal employment?
Report the contact in writing and either reject the possibility of non-Federal employment or disqualify themselves.
35
What is the retention period for reports of employment contacts?
2 years from the date the report was submitted.
36
What is the prohibition on a former official's acceptance of compensation from a contractor under 41 U.S.C. 2104?
A former official may not accept compensation from a contractor awarded a competitive or sole source contract for 1 year after serving in specific roles.
37
What is the threshold for contracts that trigger the 1-year prohibition on accepting compensation?
Contracts in excess of $10,000,000.
38
What must be marked to indicate source selection information?
The cover page and each page believed to contain source selection information must be marked with 'Source Selection Information-See FAR 2.101 and 3.104.'
39
What must the contracting officer do if they believe the marking of proprietary information is not justified?
Notify the contractor and give them an opportunity to justify the marking.
40
What is required for an employee to request an ethics advisory opinion?
The request must be in writing, include relevant information, and be dated and signed.
41
What happens if an agency ethics official issues a favorable opinion on accepting compensation?
Neither the requester nor the contractor will be found to have knowingly violated 41 U.S.C. 2104.
42
True or False: Unauthorized disclosure of contractor bid or proposal information is permitted under certain conditions.
False.
43
What is the role of the head of the contracting activity (HCA) regarding disqualified officials?
The HCA may authorize the disqualified official to resume participation or determine an additional disqualification period is necessary.
44
What should the disqualification notice submitted by an agency official include?
Identification of the procurement, nature of participation, and identification of the offeror.
45
What is the consequence for an official who participates in a procurement after seeking employment with an offeror?
They may not be reinstated unless they receive a waiver or authorization.
46
Who may rely on the accuracy of information furnished by the requester or agency sources?
The agency ethics official ## Footnote This applies unless there is reason to believe the information is fraudulent, misleading, or incorrect.
47
What happens if a requester accepts compensation based on an advisory opinion?
Neither the requester nor the contractor will be found to have knowingly violated 41 U.S.C. 2104 ## Footnote This is valid only if the requester acted in good faith reliance on the opinion.
48
What must a contracting officer do upon receiving information of a violation of 41 U.S.C. 2102, 2103, or 2104?
Determine if the reported violation impacts the pending award or selection of the contractor
49
If a contracting officer concludes that there is no impact on procurement, what should they do next?
Forward the information and documentation to a designated individual in accordance with agency procedures
50
What actions can the HCA take if a violation is concluded to have occurred?
Advise to continue procurement, begin an investigation, refer to criminal agencies, conclude a violation occurred, recommend actions against the contractor
51
What must the HCA consider before concluding a violation of 41 U.S.C. chapter 21 has occurred?
Requesting information from appropriate parties regarding the violation or possible violation
52
What are the consequences if a contract has been awarded and a violation is found?
Effect appropriate contractual remedies, void or rescind the contract, take other actions in the best interests of the Government
53
What penalties may apply for violations of 41 U.S.C. chapter 21?
Criminal and civil penalties, administrative remedies
54
What clause must be inserted in solicitations and contracts exceeding the simplified acquisition threshold?
52.203-8 and 52.203-10
55
What is the purpose of the clause at 52.203-3?
To address gratuities in contracts exceeding the simplified acquisition threshold
56
What must agency personnel do if they suspect violations of the Gratuities clause?
Report to the contracting officer or designated official
57
What is 'buying-in'?
Submitting an offer below anticipated costs to recover losses through change orders or follow-on contracts
58
What should the contracting officer do to minimize the opportunity for buying-in?
Ensure buying-in losses are not recovered by the contractor through pricing of change orders or follow-on contracts
59
What is the definition of a 'bona fide agency'?
An established commercial agency that does not exert improper influence to obtain Government contracts
60
Fill in the blank: A _______ fee is contingent upon the success of securing a Government contract.
contingent
61
What must an official do if they know about a violation of the requirements outlined in 3.104-3?
Face penalties and administrative actions as per 41 U.S.C. 2105
62
What must be included in agency reports to the Attorney General regarding suspected antitrust violations?
A brief statement describing the suspected practice and the contact information of an agency representative
63
True or False: The existence of an 'industry price list' can indicate a violation of antitrust laws.
True
64
What is required for a contractor if they breach the warranty against contingent fees?
The Government may annul the contract without liability or recover the full amount of the contingent fee
65
What does the term 'identical bids' refer to?
Bids for the same line item that are identical as to unit price or total line item amount
66
What is buying-in in the context of contracting?
Submitting an offer below anticipated costs, expecting to recover losses through change orders or follow-on contracts at higher prices. ## Footnote Buying-in may decrease competition or result in poor contract performance.
67
What actions must a contracting officer take to prevent buying-in losses?
Ensure buying-in losses are not recovered through: * Change orders * Follow-on contracts subject to cost analysis.
68
What strategies can the Government use to minimize buying-in opportunities?
Seek price commitments through: * Multiyear contracting * Priced options for additional quantities.
69
Define kickback as per the relevant regulations.
Any money, fee, commission, credit, gift, gratuity, thing of value, or compensation provided to influence favorable treatment in connection with a prime contract or subcontract.
70
What is a prime contract?
A contract or contractual action entered into by the United States for obtaining supplies, materials, equipment, or services.
71
Who qualifies as a prime contractor?
A person who has entered into a prime contract with the United States.
72
What is the purpose of the Anti-Kickback Act of 1986?
To deter subcontractors from making payments and contractors from accepting payments for favorable treatment related to prime contracts.
73
True or False: The Kickbacks statute allows kickbacks to be included in the contract price.
False.
74
What penalties does the Kickbacks statute impose?
Criminal penalties for knowingly engaging in prohibited conduct and civil penalties for engaging in such conduct.
75
What rights does the contracting officer have regarding kickbacks?
Can offset the amount of a kickback against sums owed by the United States to the prime contractor.
76
What must a prime contractor do if they suspect a violation of the Kickbacks statute?
Report in writing to the inspector general or the Attorney General.
77
What is required in prime contracts exceeding $150,000 under the Kickbacks statute?
Prime contractors must have reasonable procedures to prevent and detect violations of the Kickbacks statute.
78
What clause must be included in solicitations and contracts exceeding $150,000?
The clause at 52.203-7, Anti-Kickback Procedures.
79
What does U.S. law require regarding subcontractor direct sales to the Government?
Subcontractors must not be unreasonably precluded from making direct sales to the Government.
80
What clause must be inserted in contracts exceeding the simplified acquisition threshold?
The clause at 52.203-6, Restrictions on Subcontractor Sales to the Government.

FAC exam prep by FAR Parts 1-15 (25 decks)

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