FAR Part 9 Deck 1 Flashcards
(90 cards)
1
Q
What is the scope of Part 9?
A
Policies, standards, and procedures pertaining to prospective contractors’ responsibility; debarment, suspension, and ineligibility; qualified products; first article testing and approval; contractor team arrangements; defense production pools and research and development pools; and organizational conflicts of interest.
2
Q
What does Subpart 9.1 cover?
A
Policies, standards, and procedures for determining whether prospective contractors and subcontractors are responsible.
3
Q
Define ‘Administrative proceeding’.
A
A non-judicial process that is adjudicatory in nature to determine fault or liability.
4
Q
What is meant by ‘Surveying activity’?
A
The cognizant contract administration office or another organization designated by the agency to conduct preaward surveys.
5
Q
To whom does Subpart 9.102 apply?
A
Proposed contracts with prospective contractors located in the United States or its outlying areas, or elsewhere unless inconsistent with local laws or customs.
6
Q
True or False: The subpart applies to proposed contracts with foreign governments.
A
False
7
Q
What must a contracting officer determine before making a purchase or award?
A
An affirmative determination of responsibility.
8
Q
What are the general standards for determining contractor responsibility?
A
- Adequate financial resources
- Ability to comply with delivery schedule
- Satisfactory performance record
- Satisfactory record of integrity and business ethics
- Necessary organization and technical skills
- Necessary equipment and facilities
- Qualified and eligible under applicable laws.
9
Q
What are ‘special standards’ in contractor evaluation?
A
Standards developed for particular acquisitions requiring unusual expertise or specialized facilities.
10
Q
Fill in the blank: A prospective contractor must have a satisfactory record of _______.
A
[integrity and business ethics]
11
Q
What is required for a contractor to demonstrate ability to obtain resources?
A
Acceptable evidence of a commitment or arrangement to acquire needed facilities, equipment, or personnel.
12
Q
What is the presumption for contractors with a seriously deficient performance record?
A
They shall be presumed to be nonresponsible unless circumstances were beyond their control or corrective action was taken.
13
Q
What should contracting officers consider when evaluating a joint venture’s past performance?
A
The past performance of the joint venture and each party to the joint venture if necessary.
14
Q
What happens when a small business concern is determined nonresponsible?
A
The matter is referred to the Small Business Administration for a Certificate of Competency decision.
15
Q
What is the contractor’s responsibility regarding subcontractor responsibility?
A
Prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
16
Q
What may contracting officers do when determining subcontractor responsibility?
A
Directly determine a prospective subcontractor’s responsibility, especially in urgent situations.
17
Q
Fill in the blank: When an offeror provides an affirmative response, the contracting officer shall request _______.
A
[additional information to demonstrate responsibility]
18
Q
What is the purpose of the Federal Awardee Performance and Integrity Information System?
A
To maintain information regarding the performance and integrity of federal awardees.
19
Q
What are the consequences of listing in the System for Award Management?
A
Effects include continuation of current contracts and restrictions on subcontracting.
20
Q
What is addressed in Subpart 9.4?
A
Debarment, suspension, and ineligibility of contractors.
21
Q
What defines a ‘Contractor Team Arrangement’?
A
An arrangement where two or more contractors team together to perform a contract.
22
Q
What is the policy regarding contracting with inverted domestic corporations?
A
Such contracting is prohibited.
23
Q
What is the focus of Subpart 9.3?
A
First article testing and approval.
24
Q
What are ‘Defense Production Pools’?
A
Groups of contractors formed to meet defense production needs.
25
True or False: The contracting officer has no responsibility for evaluating subcontractor responsibility.
False
26
What must a contracting officer do upon receipt of offers according to 52.212-3?
Request additional information to demonstrate the offeror's responsibility
## Footnote
This is specified in paragraph (a)(1) of provision 52.212-3.
27
What action must a contracting officer take if an offeror indicates an indictment or tax delinquency over $10,000?
Notify the agency official responsible for initiating debarment or suspension action
## Footnote
This is outlined in paragraph (a)(2) of provision 52.212-3.
28
What does the provision at 52.209-11 address?
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
## Footnote
It implements sections 744 and 745 of Division E of the Consolidated Appropriations Act, 2015.
29
Under what conditions can a contracting officer not award a contract to a corporation?
Unless an agency suspending and debarring official has determined that suspension or debarment is not necessary
## Footnote
This is detailed in paragraph (b)(3) of provision 52.209-11.
30
What is the maximum contract amount for which a contracting officer must obtain certification regarding tax matters under provision 52.209-12?
Greater than $5.5 million
## Footnote
This is specified in paragraph (c) of provision 52.209-12.
31
What happens if offerors do not furnish required representations or certifications?
They shall be given an opportunity to remedy the deficiency
## Footnote
Failure to do so may render the offeror nonresponsible.
32
What system must contracting officers consult before awarding a contract over the simplified acquisition threshold?
Federal Awardee Performance and Integrity Information System (FAPIIS)
## Footnote
This is described in 9.104-6(a)(1).
33
What types of information does FAPIIS identify regarding an offeror?
* Immediate owner or subsidiary
* All predecessors that held a Federal contract or grant within the last three years
## Footnote
This is mentioned in 9.104-6(a)(2).
34
What must the contracting officer document in the contract file regarding FAPIIS information?
How the information was considered in any responsibility determination
## Footnote
This is required by 9.104-6(d).
35
Which solicitation provision must be inserted for contracts expected to exceed the simplified acquisition threshold?
52.209-5, Certification Regarding Responsibility Matters
## Footnote
This is stated in 9.104-7(a).
36
What must contracting officers do if they determine a small business lacks certain elements of responsibility?
Comply with the procedures in subpart 19.6
## Footnote
This is mentioned in 9.105-2(a)(2).
37
What is the requirement for documentation of a nonresponsibility determination?
Must be documented in FAPIIS if the contract is valued over the simplified acquisition threshold
## Footnote
This is outlined in 9.105-2(b)(2)(i).
38
What is the public availability status of FAPIIS information after April 15, 2011?
All information posted, except past performance reviews, will be publicly available
## Footnote
This is required by section 3010 of the Supplemental Appropriations Act, 2010.
39
What is the rule regarding the disclosure of preaward survey information?
It shall not be released or disclosed outside the Government
## Footnote
This is specified in 9.105-3(a).
40
What is the purpose of a preaward survey?
To determine the responsibility of a prospective contractor
## Footnote
This is outlined in 9.106.
41
What is a preaward survey?
A preaward survey is required when existing information is insufficient to determine contractor responsibility.
42
When should a contracting officer not request a preaward survey?
If the contract has a fixed price at or below the simplified acquisition threshold or involves commercial products/services without justifying circumstances.
43
What must be checked before beginning a preaward survey?
Whether the prospective contractor is debarred, suspended, or ineligible.
44
What form is used to request a preaward survey?
SF 1403, Preaward Survey of Prospective Contractor (General).
45
What information must the contracting officer's request for a preaward survey include?
* Additional factors needed
* Complete solicitation package
* Prior unsatisfactory performance information
* Participation of the contracting office
* Report due date
46
What must the surveying activity complete for a preaward survey report?
Applicable parts of SF 1403, SF 1404, SF 1405, SF 1406, SF 1407, SF 1408, and a narrative discussion.
47
What should be consulted for small businesses under Section 8(a) of the Small Business Act?
The appropriate Small Business Administration field office.
48
What is an inverted domestic corporation?
A foreign incorporated entity meeting the definition under 6 U.S.C. 395(b).
49
What does Section 745 of the Consolidated Appropriations Act, 2008 prohibit?
Contracts with inverted domestic corporations or their subsidiaries using appropriated funds.
50
What must an offeror represent to be eligible for contract award?
That it is neither an inverted domestic corporation nor a subsidiary of one.
51
What is required for a waiver of the prohibition on inverted domestic corporations?
A written determination by the agency head in the interest of national security.
52
What is prohibited under 9.109-2?
Awarding contracts to entities involved in activities violating arms control treaties with the U.S.
53
What exception exists for the prohibition on contracting with entities violating arms control treaties?
Contracts for procurement along major supply routes to combat zones.
54
What certification must offerors provide regarding arms control treaty violations?
That they do not engage in activities that contribute to violations of arms control agreements.
55
What defines a covered agency under 9.110-1?
* Department of Defense
* Department of Homeland Security
* Central Intelligence Agency
* National Nuclear Security Administration
* Department of Transportation
* Any department funded by specific appropriations acts
56
What does 10 U.S.C. 983 prohibit regarding institutions of higher education?
Providing funds if they have policies preventing military recruiting or ROTC unit establishment.
57
What must institutions do to avoid the prohibition under 10 U.S.C. 983?
Cease the policies that prevent military access and ROTC unit establishment.
58
What happens if an institution is determined ineligible under 10 U.S.C. 983?
An active exclusion record is created in the System for Award Management.
59
What happens if an institution of higher education is ineligible to receive funds from a covered agency?
The Secretary of Defense will create an active exclusion record for the institution in the System for Award Management.
## Footnote
A covered agency shall not solicit offers from, award contracts to, or consent to subcontracts with the institution, with some exceptions.
60
What clause must be inserted in solicitations and contracts exceeding the simplified acquisition threshold?
The clause at 52.209-14, Reserve Officer Training Corps and Military Recruiting on Campus.
## Footnote
This is applicable when using funds from a covered agency.
61
What does the 'Qualified bidders list (QBL)' refer to?
A list of bidders who have had their products examined and tested and who have satisfied all applicable qualification requirements.
## Footnote
This includes those who have met the applicable qualification requirements.
62
What is the purpose of establishing a qualification requirement according to 9.202(a)(1)?
To prepare a written justification stating the necessity for the qualification requirement and estimating costs for testing and evaluation.
## Footnote
It also specifies the requirements that must be satisfied for qualification.
63
What must a potential offeror be provided upon request regarding qualification requirements?
All requirements that they or their products must satisfy to become qualified.
## Footnote
They must also have a prompt opportunity to demonstrate their abilities to meet the standards specified.
64
How long must a qualification requirement be examined and revalidated after enforcement?
Within 7 years following enforcement.
## Footnote
This applies to QPL, QML, or QBL by DoD or NASA.
65
What is a 'Qualified manufacturers list (QML)'?
A list of manufacturers who have had their products examined and tested and who have satisfied all applicable qualification requirements.
## Footnote
This is relevant for manufacturers' compliance with specific product standards.
66
What must agencies do before enforcing a QPL, QML, or QBL?
Comply with the requirements of 9.202(a).
## Footnote
This includes providing justification and opportunity for qualification.
67
What is the role of the contracting officer in relation to qualification requirements?
They need to ensure compliance with qualification standards and may allow offers from those who can demonstrate qualification before contract award.
## Footnote
They also manage the solicitation and award process.
68
What kind of testing and evaluation costs may the agency bear for small businesses?
Costs for conducting specified testing and evaluation for a small business concern that has met the qualification standards.
## Footnote
This is contingent upon determining that additional qualified sources may lead to cost savings.
69
What should a notice for establishing a qualification requirement include?
Intent to establish a qualification requirement, specification number and product name, contact information, anticipated contract award date, and testing information.
## Footnote
This is to ensure transparency and provide potential offerors with necessary details.
70
True or False: The contracting officer must delay an award to provide a potential offeror with an opportunity to demonstrate qualification.
False.
## Footnote
The contracting officer need not delay a proposed award for this reason.
71
What is the responsibility of agency activities regarding qualification requirements?
Responsibilities include arranging publicity for qualification requirements, qualifying products, and providing lists of qualified manufacturers and suppliers.
## Footnote
They also clarify qualification requirements as needed.
72
What does the term 'qualification requirements' refer to?
Standards that a prospective offeror or its product must satisfy to be considered for a contract.
## Footnote
These requirements ensure compliance with the necessary specifications.
73
Fill in the blank: The contracting officer shall insert the clause at 52.209-1, ________ in solicitations and contracts when the acquisition is subject to a qualification requirement.
Qualification Requirements
74
What is a 'QPL'?
Qualification Products List.
## Footnote
It is a list of products that have been tested and meet specified qualification standards.
75
What is the minimum time frame that contracting officers must comply with when issuing a solicitation?
5.203
## Footnote
This refers to the specific regulation outlining required time frames.
76
Which clause must be inserted in solicitations and contracts when the acquisition is subject to a qualification requirement?
52.209-1, Qualification Requirements
## Footnote
This clause outlines the necessary qualifications for sources.
77
What must a contracting officer review before issuing a solicitation if a qualification requirement applies?
Applicable QPL, QML, or QBL
## Footnote
QPL stands for Qualified Products List, QML for Qualified Manufacturers List, and QBL for Qualified Bidders List.
78
What action should a contracting officer take if the number of sources is inadequate for competition?
Request the agency activity to indicate anticipated dates for source evaluations or alternative means for testing
## Footnote
This ensures that as many additional sources as possible qualify.
79
What does the contracting officer need to report regarding changes in status for qualification requirements?
Conditions that merit removal from a QPL, QML, or QBL
## Footnote
Examples include failure to meet qualification requirements or violation of conditions.
80
Approval, as used in the context of first article testing, means what?
Written notification to the contractor accepting the test results of the first article
## Footnote
This signifies that the product meets contract requirements.
81
What factors should a contracting officer consider before requiring first article testing and approval?
* Impact on cost or time of delivery
* Risk to the Government of foregoing such test
* Availability of less costly methods for ensuring quality
## Footnote
These considerations help in deciding whether testing is necessary.
82
When is testing and approval typically not required?
* Research or development contracts
* Products requiring qualification before award
* Commercially marketed products
* Products covered by detailed technical specifications
## Footnote
Exceptions ensure efficiency in procurement processes.
83
Who bears the risk before first article approval?
The contractor
## Footnote
This means the contractor is responsible for any costs incurred before approval.
84
What must solicitations containing a testing and approval requirement provide?
* Performance characteristics for approval
* Detailed technical requirements for tests
* Necessary data for the first article approval test report
## Footnote
This ensures clarity on expectations for the contractor.
85
What happens if a contractor must ship the first article to a Government laboratory?
The contract administration office must notify the laboratory of the shipment and contractual requirements
## Footnote
Advance notification helps streamline the approval process.
86
In what situations must the contracting officer insert the clause at 52.209-3?
When a fixed-price contract requires first article approval and the contractor conducts the testing
## Footnote
This clause specifically outlines the responsibilities for testing.
87
What is the purpose of first article testing?
To ensure that the contractor can furnish a product that conforms to all contract requirements for acceptance
## Footnote
This is critical for maintaining quality standards.
88
What should the contracting officer do if a product is removed from a QPL, QML, or QBL?
Promptly notify the affected parties with specific reasons
## Footnote
Transparency in communication is essential for compliance and understanding.
89
What clause should be used when the Government is responsible for first article testing?
52.209-4, First Article Approval-Government Testing
## Footnote
This clause delineates the Government’s responsibilities in the testing process.
90
Fill in the blank: The contracting officer must provide sufficient time in the delivery schedule for acquisition of materials and components after receipt of _______.
first article approval
## Footnote
This helps to minimize the contractor's risk related to production.
