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NCMA CFCM > SUBCHAPTER A - GENERAL > Flashcards

SUBCHAPTER A - GENERAL Flashcards

1
Q

Parts in Subchapter A

A

1 - Federal Acquisition Regulations System
2 - Definition of Words and Terms
3 - Improper Business Practices and Personal Conflicts of Interest
4 - Administrative Matters

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2
Q

PART 1

A

FEDERAL ACQUISITION REGULATIONS SYSTEM

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3
Q

PART 2

A

DEFINITION OF WORDS AND TERMS

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4
Q

PART 3

A

IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

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5
Q

PART 4

A

ADMINISTRATIVE MATTERS

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6
Q

PERFORMANCE STANDARDS (FAR 1.102-2)

A

The FAR system will:

  1. Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service;
  2. Minimize admin operating costs;
  3. Conduct business with integrity, fairness, and openness; and
  4. Fulfill public policy objectives.
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7
Q

Acquisition Team (FAR 1.102-2)

A

Consists of all participants in gov’t acquisition including not only reps of technical, supply, and procurement but also the customers they serve and the contractor who provide the products and services

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8
Q

Direction (FAR 1.102-4)

A

Absence of direction should be interpreted as permitting innovation based on sound business judgment

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9
Q

FAR Authority (FAR 1.103)

A

The FAR is prepared, issued, and maintained and the FAR System prescribed by the secretary of defense, the administrator of General Services, and the administrator of the National Aeronautics and Space Administration

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10
Q

Applicability (FAR 1.104)

A

The FAR applies to all acquisitions as defined in Part 2 of the FAR except where expressly excluded.

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11
Q

Publication and Code Arrangement (FAR 1.105-1) - Card A

A

The FAR is published in

  1. Federal Register
  2. Cumulated form in the Code of Deral Regulations (CFR)
  3. Separate loose-leaf edition.
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12
Q

Publication and Code Arrangement (FAR 1.105-1) - Card B

A

The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR

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13
Q

Publication and Code Arrangement (FAR 1.105-1) - Card C

A

Each number unit or segment of an agency acquisition regulation codified in the CFR shall begin with the chapter number.

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14
Q

FAR numbering scheme

A

Part, subpart, section, and subsection. FAR 1.105-2

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15
Q

Delegation of Authority (FAR 1.102-4(b))

A

Each authority is delegable unless specifically stated otherwise

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16
Q

Statutory acquisition - related dollar thresholds - adjustment for inflation

A

Adjustment is calculated every five years using the consumer price index.

Acquisition-related dollar thresholds established by the Construction Wage Rates Requirement statue (Davis-Bacon Act), the Service Contract Labor Standards statue (Service Contract Act of 1965), or the U.S. Trade Representative pursuant to the Trade Agreements Act of 1979 ARE NOT subject to the U.S.C. statue regarding escalation.

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17
Q

FAR REVISIONS

A

Coordinated through

  • Defense Acquisition Regulations (DAR) Council - chairperson Secretary of Defense rep
  • Civilian Agency Acquistion (CAA) Council - chairperson General Services rep
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18
Q

Deviations (FAR 1.4)

A

Individual and Class

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19
Q

PRINTING (FAR 1.2)

A

The GSA shall establish a FAR Secretariat to print, publish, and distribute the FAR through the CFR and shall provide centralized administrative services and support for both councils.

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20
Q

Contracting Authority (FAR 1.6)

A

Unless specifically prohibited by another provision of law, authority and responsibility to contract for authorized supplies and services are vested in the agency head. The agency head may establish contracting activities and delegate broad authority to manage the agency’s contracting functions. Contracts may be entered into and signed on behalf of the government only by contracting officers. (who are selected and appointed)

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21
Q

Contracting Officers (FAR 1.602-1 and 1.602-2)

A

Contracting officers have authority to enter in, administer, or terminate contracts, and make related determinations and findings; however, they may bind the government only to the extent of the authority delegated to them

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22
Q

Ratification of Unauthorized Commitments (FAR 1.602-3)

A

Unauthorized commitments not binding if government rep lacked authority to into agreement. Ratification is the act of approving an unauthorized commitment.

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23
Q

RATIFICATION

A

Unauthorized commitments may be ratified when:
-Supplies or services have been provided and accepted by government, or government has obtained or will obtain a benefit resulting from performance

  • resulting contract would have been proper if made by an appropriate CO
  • CO determines the price fair and reasonable
  • CO recommends payment and legal counsel concurs in recommendation
  • Funds are available and were available at the time the unauthorized commitment was made
  • ratification is in accordance with any other limitations prescribed under agency procedures
  • ratifying individual has the authority to enter into contractual commitment.
24
Q

CO Appointment (FAR 1.603)

A

SF 1402

25
Q

CO Representative (FAR 1.604)

A

CO is required to designate and authorize in writing a COR to assist in technical monitoring or admin of contracts and order other than those that are FFP contracts or orders.

COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.

26
Q

Determinations and Findings (D&F) (FAR 1.7)

A

special form of written approval by an authorized official that is required by statute or regulation as a pre requisite to taking certain contract actions. The “determination” is a conclusion or decision supported by the “findings”. May be individual or class defined.

Expiration is required for class D&Fs but optional for individual D&Fs.

27
Q

Definitions (FAR Part 2)

A

Definitions in this part apply to entire FAR

Definitions listed in other parts of the FAR apply only to that section.

28
Q

Acquisition

A

Acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the federal government through purchase or lease whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

29
Q

When does Acquisition begin

A

Acquisition begins at the point when agency needs are established and includes the description, of requirement to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.

30
Q

Acquisition Plan

A

The process by which efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner at a reasonable cost.

31
Q

Best Value

A

Expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to the requirement.

32
Q

Best Value Continuum

A

weighting Best Value by completing LPTA vs. Trade-off analysis

33
Q

Commercial Item

A

Any item, other than real property, that is of a type customarily used for non-governmental purposes and that has been

  • SOLD, leased or licensed to the general public; or
  • OFFERED for sale, lease or license to the general public
  • EVOLVED from an item described in the definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a government solicitation.
34
Q

Non-developmental Item (NDI)

A

Any previously developed item of supply used exclusively for governmental purposes by a federal agency, a state, or local government or a foreign government with which the US has a mutual defense cooperation agreement.

35
Q

Difference between commercial and non-developmental item

A

A commercial item is available to both the government or general public.

36
Q

Procurement of non-developmental item

A

Can be procured only for federal, state or local governments, or foreign governments who are allies of the US.

37
Q

Contract

A

A mutually binding legal relationship obligating to seller to furnish the supplies or services (including construction) and the buyer to pay for them.

Includes all types of commitments that obligate the government to an expenditure of appropriated funds and that except as otherwise authorized, are in writing.

38
Q

Other contract instruments

A

In addition to bi-lateral instruments contract include (but are not limited to)

  • Job order or task letters issued under Basic Ordering Agreement
  • Letter contracts
  • Orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance
  • Bi-lateral modifications
39
Q

Not contracts

A

Grants and cooperative agreements used to transfer things to the government are not contracts.

40
Q

Contracting Officer

A

A person with authority to enter into administer, and/or terminate contracts and make related determinations and finding. (Certain authorized representatives of the contracting officer, acting within their authority as designated by the CO, are contracting officers.

41
Q

Cost Realism Analysis

A

A process for independently reviewing and evaluating specific elements of each offeror’s proposal cost estimate.

42
Q

Purpose of cost realism analysis

A

To determine that the estimated proposed cost elements are consistent with the methods of performance and materials described in the offerors technical proposal

43
Q

MAY, SHALL, SHOULD

A
  • May - not required/prohibited
  • Shall - Imperative/required
  • Should - expected course of action or policy to be followed unless inappropriate
44
Q

Offer

A

Response to solicitation, if accepted, would bind the offeror to perform the resultant contract. (Seal Bids are offers)

Responses to IFBs are bids or sealed bids (offer)
Responses to RFPs are proposals - offers
Responses to RFQ (simplified acquisition) are quotations - NOT offers

45
Q

Offeror

A

Offeror or Bidder
IFB & RFP - Offer
RFQ - not offeror

46
Q

Performance based

A

The structuring of all aspects of an acquisition around the desired outcome of the requirement. Measurable Performance Standard.

47
Q

Purchase Order

A

An offer by the government to buy supplies or services, including construction and R&D, upon specified terms and conditions, using simplified acquisition procedures.

48
Q

Simplified Acquisition

A
  • $150K except -acquisition of supplies or services to support contingency operation or to defend against or recover from a nuclear, biological, chemical, or radiological attack.
  • $300K for any contract to be awarded and performed, or purchase to be made in US
  • $1M for any contract to be awarded or performed or purchases to be made outside the US.
49
Q

Micro Purchase

A
  • Acquisition of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed $3.5K.
  • Does not exceed $2K for acquisitions subject tot eh Wage Rates Requirements Statute (Construction)
  • Does not exceed $2.5K for acquisitions subject to the Service Contract Labor Standards Statute.
  • Does not exceed $20K for acquisition of supplies or service to support contingency operations inside the US
  • Does not exceed $30K for acquisition of supplies or services to support contingency operations outside the US.
50
Q

Solicitation

A

Any request to submit offers or quotations to the government

51
Q

Anti-trust

A

Federal and State statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies

52
Q

Contingent Fees

A

Commission, percentage, brokerage or other fee upon the success that a person or concern has in securing a government contract

53
Q

Buy-In

A

Buy In low with change order to increase

54
Q

Kick-backs

A

-

55
Q

Codes of Conduct

A

Awards greater than 5M and pop is 120 days or more - must be written and posted.

56
Q

Contract Execution

A 
Only CO may sign contract on behalf of US Government
signatures by company
-Individual
-Partnership
-Corporation - "by" "for"
-Joint ventures
57
Q

Contractor Record Retention

A

Minimum 3yrs from date final payment is made.

NCMA CFCM (9 decks)

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