FAR Part 3 Deck 2

Question 1

What is the policy regarding contracts with Government employees?

Answer 1

A contracting officer shall not knowingly award a contract to a Government employee or an organization owned or substantially owned by Government employees to avoid conflicts of interest and favoritism.

This policy is outlined in 3.601.

Question 2

Under what conditions are special Government employees considered Government employees?

Answer 2

They are considered Government employees if:
* The contract arises from their activity as a special Government employee
* They can influence the award of the contract
* Another conflict of interest exists.

Defined in 3.601.

Question 3

Who can authorize an exception to the policy against contracting with Government employees?

Answer 3

The agency head or a designee not below the level of the head of the contracting activity.

Referenced in 3.602.

Question 4

What must a contracting officer do before awarding a contract if they suspect a conflict of interest?

Answer 4

Obtain an authorization under 3.602 if there is a compelling reason to award the contract.

Stated in 3.603.

Question 5

What does Subpart 3.7 cover?

Answer 5

It prescribes policies and procedures for declaring void and rescinding contracts related to bribery, conflict of interest, or similar misconduct.

This is detailed in 3.700.

Question 6

What is the purpose of Subpart 3.701?

Answer 6

To provide an administrative remedy for contracts involving final convictions for misconduct and to deter similar future misconduct.

Explained in 3.701.

Question 7

What does ‘final conviction’ mean?

Answer 7

A conviction, whether entered on a verdict or plea, including a plea of nolo contendere, for which a sentence has been imposed.

Defined in 3.702.

Question 8

What authority does Section 1(e) of Public Law 87-849 grant?

Answer 8

It empowers the President or heads of executive agencies to declare void and rescind contracts due to final convictions for bribery or conflicts of interest.

Referenced in the authority section.

Question 9

What does 41 U.S.C. 2105(c) require upon conviction of a contractor?

Answer 9

It requires Federal agencies to consider rescission of contracts related to the conviction.

This is outlined in the authority section.

Question 10

What is the process for voiding and rescinding contracts?

Answer 10

The agency head must assess the facts and may declare contracts void and rescind them, recovering amounts expended.

Procedures are detailed in the reporting and decision sections.

Question 11

What must a notice of proposed action include?

Answer 11

It must include:
* Advisement of the action
* Identification of affected contracts
* Identification of the offense
* Amounts expended
* Tangible benefits received
* Information submission timeline

Outlined in the notice section.

Question 12

What is the scope of Subpart 3.8?

Answer 12

It prescribes policies and procedures implementing 31 U.S.C. 1352 regarding limitations on using appropriated funds to influence Federal transactions.

Detailed in 3.800.

Question 13

What is a ‘covered Federal action’?

Answer 13

It includes:
* Awarding Federal contracts
* Making Federal grants
* Making Federal loans
* Entering into cooperative agreements
* Modifying any Federal contract or agreement.

Defined in 3.801.

Question 14

What is prohibited under 31 U.S.C. 1352?

Answer 14

Recipients of Federal contracts cannot use appropriated funds to influence or attempt to influence certain Federal actions.

Stated in 3.802.

Question 15

What is meant by ‘reasonable compensation’?

Answer 15

Compensation that is consistent with the normal compensation for an officer or employee for work not funded by the Federal Government.

Defined in 3.801.

Question 16

What must offerors provide under 31 U.S.C. 1352?

Answer 16

A declaration consisting of both a certification and a disclosure, with periodic updates after contract award.

Referenced in 3.802.

Question 17

What are the exceptions to the prohibition in paragraph 3.802(a)?

Answer 17

Exceptions include:
* Agency and legislative liaison by own employees
* Payment of reasonable compensation.

Further details on exceptions are discussed in 3.802.

Question 18

What is required from offerors under 31 U.S.C. 1352?

Answer 18

A declaration consisting of both a certification and a disclosure, with periodic updates after contract award.

This is mandated by the provision at 52.203-11 and the clause at 52.203-12.

Question 19

What activities are exempt from the prohibition in paragraph 3.802(a)?

Answer 19

The following activities:
* Agency and legislative liaison by own employees
* Payment of reasonable compensation for liaison activities not directly related to a covered Federal action
* Participation in discussions not related to specific solicitations
* Providing information necessary for informed decision-making
* Participation in technical discussions prior to unsolicited proposals
* Making capability presentations under the Small Business Act

These exemptions allow for certain communications and services that do not violate the intent of the law.

Question 20

What does ‘professional and technical services’ refer to in this context?

Answer 20

Advice and analysis directly applying any professional or technical discipline.

Examples include legal document drafting by a lawyer or technical advice by an engineer.

Question 21

When can communications with the intent to influence be considered allowable?

Answer 21

When they provide advice and analysis directly related to the preparation, submission, or negotiation of a covered Federal action.

General advocacy without direct relation to a proposal is not allowable.

Question 22

What is the role of the contracting officer regarding certifications and disclosures?

Answer 22

To obtain certifications and disclosures required by 52.203-11 prior to awarding any contract exceeding $150,000.

This ensures compliance with federal regulations regarding influence on transactions.

Question 23

Under what conditions can the Secretary of Defense grant exemptions?

Answer 23

On a case-by-case basis when it is determined to be in the national interest.

A copy of the exemption must be sent to Congress immediately.

Question 24

What actions should a contracting officer take if they suspect violations of 31 U.S.C. 1352?

Answer 24

Report suspected violations in accordance with agency procedures.

This ensures accountability and compliance with federal regulations.

Question 25

What penalties may agencies impose for violations of federal contract regulations?

Answer 25

Civil penalties pursuant to the Program Fraud and Civil Remedies Act. ## Footnote This includes provisions for fraud, waste, and abuse of federal contracts.

Question 26

What is the scope of subpart 3.900?

Answer 26

To implement various statutory whistleblower programs, excluding specific agencies and intelligence community disclosures. ## Footnote It provides protections for contractor employees against reprisals for whistleblowing.

Question 27

Define 'abuse of authority' as per this subpart.

Answer 27

An arbitrary and capricious exercise of authority inconsistent with the agency's mission or contract performance. ## Footnote This definition is crucial for identifying misconduct in federal contracting.

Question 28

Who can disclosures be made to under whistleblower protections?

Answer 28

Disclosures may be made to: * A Member of Congress * An Inspector General * The Government Accountability Office * A Federal employee responsible for contract oversight * An authorized official of the Department of Justice * A court or grand jury * A management official of the contractor ## Footnote These channels ensure that employees can report misconduct safely.

Question 29

What procedures must an employee follow to file a complaint regarding reprisal?

Answer 29

Submit a complaint with the Inspector General of the agency concerned within three years of the alleged reprisal. ## Footnote This timeframe is critical for maintaining the validity of the complaint.

Question 30

What actions can a head of agency take after receiving an Inspector General's report?

Answer 30

Determine if reprisal occurred and: * Deny relief * Order affirmative action to abate reprisal * Reinstate the complainant with compensatory damages * Pay the complainant's reasonable costs * Consider disciplinary action against agency officials ## Footnote These options ensure accountability and remedy for the complainant.

Question 31

What happens if the agency head does not act on a complaint within specified timeframes?

Answer 31

The complainant may bring a de novo action at law or equity against the contractor or subcontractor. ## Footnote This allows for judicial intervention when administrative remedies are delayed.

Question 32

What is required in solicitations and contracts regarding whistleblower rights?

Answer 32

Insert clause at 52.203-17, Contractor Employee Whistleblower Rights, in all relevant solicitations and contracts. ## Footnote This ensures that employees are aware of their rights under federal law.

Question 33

What does 41 U.S.C. 4712 not allow regarding classified information?

Answer 33

It does not provide any right to disclose classified information not otherwise provided by law. ## Footnote This maintains the integrity of national security and sensitive information.

Question 34

What clause must be inserted in all solicitations and contracts, except those of DoD, NASA, the Coast Guard, or applicable intelligence community elements?

Answer 34

The clause at 52.203-17, Contractor Employee Whistleblower Rights ## Footnote This clause ensures protections for whistleblowers in contractor employment situations.

Question 35

What does 'covered funds' refer to in the context of the Recovery Act?

Answer 35

Any contract payment, grant payment, or other payment received by a contractor if: * The Federal Government provides any portion of the money or property * At least some of the funds are appropriated or made available by the Recovery Act.

Question 36

Define 'covered information' as it pertains to the Recovery Act.

Answer 36

Information that an employee reasonably believes is evidence of: * Gross mismanagement of the contract * Gross waste of covered funds * A substantial danger to public health or safety * Abuse of authority related to covered funds * Violation of law related to an agency contract.

Question 37

Who is considered an 'Inspector General' under the Recovery Act?

Answer 37

An Inspector General appointed under the Inspector General Act of 1978, or an official designated by the head of an executive agency without an Inspector General.

Question 38

What actions are non-Federal employers prohibited from taking against employees under the Recovery Act?

Answer 38

Discharging, demoting, or discriminating against employees as a reprisal for disclosing covered information to specified entities.

Question 39

List the entities to which employees can disclose covered information without facing reprisal.

Answer 39

* The Board * An Inspector General * The Comptroller General * A member of Congress * A State or Federal regulatory or law enforcement agency * A person with supervisory authority over the employee * A court or grand jury * The head of a Federal agency.

Question 40

What must an employee include in a complaint regarding reprisal under the Recovery Act?

Answer 40

* The name of the contractor * The contract number (if known) * The covered information that led to the disclosure * The nature of the disclosure * The specific nature and date of the reprisal.

Question 41

True or False: An employee alleging reprisal has access to the Inspector General's investigation file.

Answer 41

True ## Footnote Access is granted in accordance with the Privacy Act.

Question 42

What is the burden of proof for an employee alleging reprisal under the Recovery Act?

Answer 42

The employee must demonstrate that the disclosure was a contributing factor in the reprisal.

Question 43

What actions can the head of an agency take if a reprisal is confirmed under the Recovery Act?

Answer 43

* Order affirmative action to abate the reprisal * Reinstate the person to their previous position with compensation * Order payment of reasonable costs incurred in bringing the complaint.

Question 44

What is prohibited regarding contracts with entities requiring internal confidentiality agreements?

Answer 44

The Government cannot use fiscal year 2015 and subsequent funds for contracts with entities that require confidentiality agreements preventing reporting of waste, fraud, or abuse.

Question 45

What representation must offerors make to be eligible for contract awards regarding internal confidentiality agreements?

Answer 45

Offerors must represent that they will not require employees or subcontractors to sign confidentiality agreements restricting reporting of waste, fraud, or abuse.

Question 46

What is the scope of Subpart 3.10?

Answer 46

It implements 41 U.S.C. 3509 and prescribes policies for establishing contractor codes of business ethics and conduct.

Question 47

What is expected of government contractors regarding business ethics?

Answer 47

Contractors must conduct themselves with integrity and honesty and should have a written code of business ethics and conduct.

Question 48

What actions should a contracting officer take if notified of a possible contractor violation of Federal law?

Answer 48

* Coordinate with the agency Office of the Inspector General * Take action in accordance with agency procedures.

Question 49

Under what conditions must the clause at 52.203-13 be inserted in contracts?

Answer 49

If the contract value exceeds $6 million and the performance period is 120 days or more.

Question 50

Fill in the blank: Contractors may be suspended and/or debarred for knowing failure to timely disclose credible evidence of a violation of _______.

Answer 50

Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations.

Question 51

What is FAR 52.203-13?

Answer 51

Contractor Code of Business Ethics and Conduct ## Footnote Applies to contracts expected to exceed $6 million and with a performance period of 120 days or more.

Question 52

When should the clause at 52.203-14 be inserted?

Answer 52

If the contract exceeds $6 million or a lesser amount established by the agency and the agency has a fraud hotline poster or the contract is funded with disaster assistance funds.

Question 53

What must the contracting officer do in paragraph (b)(3) of the clause?

Answer 53

Identify applicable posters and insert website link(s) or contact information for obtaining the agency and/or Department of Homeland Security poster.

Question 54

What is the scope of Subpart 3.11?

Answer 54

It implements policy on personal conflicts of interest by employees of Government contractors as required by 41 U.S.C. 2303.

Question 55

Define 'Covered employee'.

Answer 55

An individual performing an acquisition function closely associated with inherently governmental functions who is an employee of the contractor or a self-employed subcontractor.

Question 56

What does 'Personal conflict of interest' mean?

Answer 56

A situation where a covered employee has a financial interest, personal activity, or relationship that could impair their ability to act impartially for the Government.

Question 57

List sources of personal conflicts of interest.

Answer 57

* Financial interests of the covered employee or close family members * Other employment or financial relationships * Gifts, including travel

Question 58

What must contractors do regarding personal conflicts of interest?

Answer 58

Identify, prevent, and prohibit covered employees from using nonpublic information for personal gain.

Question 59

What procedures must be in place according to 3.1103?

Answer 59

Screen covered employees for potential personal conflicts of interest by obtaining disclosures and requiring updates of such disclosures.

Question 60

Fill in the blank: The Government’s policy is to require contractors to _______.

Answer 60

[Identify and prevent personal conflicts of interest]

Question 61

What actions must be taken if a personal conflict of interest is identified?

Answer 61

Report to the contracting officer, including a description of the violation and proposed corrective actions.

Question 62

What is required for mitigating or waiving a personal conflict of interest?

Answer 62

Submit a request for a plan to mitigate or waive the requirement if the contractor cannot satisfactorily prevent a conflict.

Question 63

What should the contracting officer do if a violation is suspected?

Answer 63

Contact the agency legal counsel for advice and recommendations.

Question 64

When should the clause at 52.203-16 be inserted?

Answer 64

In solicitations and contracts exceeding the simplified acquisition threshold involving acquisition functions closely associated with inherently governmental functions.

Question 65

True or False: The clause at 52.203-16 should be inserted in contracts with self-employed individuals performing acquisition functions.

Answer 65

False