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200 Cards in this Set
- Front
- Back
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who designates a COR?
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Contracting officer (co / ko) |
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There are conditions that must be met before becoming a COR, specifically the COR: (5 conditions) |
-Must be a Government employee unless otherwise authorized in agency regulations. -Must be qualified by training and experience commensurate with the responsibilities delegated. -May not be delegated responsibility to perform functions at a contractor's location that have been delegated under FAR 42.202(a) to a contract administration office. -May not be delegated authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract. -Must be designated in writing.
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The COR is responsible for performing the duties delegated to him/her in the COR Letter of Designation. This letter should at a minimum:
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-Specify the extent of your authority to act on behalf of the KO. -Specify the period covered by the designation. -Identify the limitations on the COR's authority. -State that the authority is not re-delegable.
-State that the COR may be held personally liable for unauthorized acts |
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The COR is likely to have the following responsibilities when working with the KO:
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•Keep KO fully informed of any technical or contractual difficulties encountered during performance •Assure the KO that the contractor's performance meets the technical requirements, terms, and conditions of the contract •Evaluate proposals during the source selection •Participate in negotiations for contract modifications and claims, as requested by the KO •Review vouchers for cost-reimbursement type work and recommend approval/disapproval to the KO •Provide the KO with a copy of any correspondence sent to the contractor |
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When delegated duties to perform surveillance on a contract, the COR may be asked:
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•Ensure that any Government Furnished Property is available when needed and is being accounted for by the appropriate property personnel.
•Ensure that all required items, documentation, data, and/or reports are submitted as required by the contract. •Review and process invoices and vouchers in a timely manner in accordance with the Prompt Payment Act. •Document decisions made and actions taken as the COR. •Maintain adequate records to sufficiently describe the performance of duties as COR during contract performance. •Conduct site visits at the location(s) where the work is being performed. •Coordinate site entry for contractor personnel as needed. •Verify that required Department of Labor and Equal Employment Opportunity documents are posted in view of employees. •Perform final inspection and acceptance of all work required under the contract. |
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In regards to a contract a COR should not:
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- award, agree to, or sign any contract, delivery order or task order (unless authorized by the KO)
- make any commitments or otherwise obligate the government to make any changes to the contract. this does not preclude the COR from providing technical interpretation or guidance on the existing contract. -grant deviations from, or waive any terms and conditions of the contract -increase the dollar limit or authorize work beyond the dollar limit of the contract; authorize the expenditure of funds. -change the period of performance |
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When dealing with a contractor the COR should not:
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-give direction to the contractor or to its employees except as provided for in the contract
-supervise, direct or control contractor employees -require the contractor to perform any task or permit any substitution not specifically provided for in the contract -authorize subcontracting or the use of consultants -authorize the purchase of equipment or the furnishing of Government property, except as authorized under the contract. -approve travel and relocation expenses over and above that provided for in the contract -authorize the use of overtime |
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Termination of COR Appointments
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If a COR no longer can perform his/her duties due to e.g., contract closeout, movement to another job or is no longer performing COR functions, the COR/Supervisor must request termination of the appointment. KOs have the authority to terminate COR appointments of individuals who are not, in the judgment of the KO, fulfilling their COR duties satisfactorily or staying within the limits of their authority as delegated by the KO. |
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Vision of government (for acquisitions):
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The Government acquisition team is charged with making decisions that deliver the best value product or service to the customer.
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performance standards (acquisitions):
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•Satisfy the customer - cost, quality, and timeliness of delivered product or service
•Minimize administrative operations cost •Conduct business with integrity, fairness, and openness •Fulfill public policy objectives •Exercise personal initiative and sound business judgment to provide best value |
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Apparent Authority (of cor)
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Obvious or evident authority that a reasonable person would assume someone to possess, based on his or her actions or position. The Government does not recognize this authority for contract work
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Expressed Authority (cor)
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Written, documented authority such as that given to the KO in a warrant. The COR only has expressed authority as delegated in the COR Letter of Designation. As an example, the COR may be delegated the authority to authorize payment of invoices.
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Implied Authority (cor)
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All aspects of this type of authority are not spelled out in writing or documented.
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only the ___ has the expressed authority to change cost, schedule and performance conditions.
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contracting officer |
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3 types of contracting officers
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2.The Administrative Contracting Officer (ACO) 3.the Termination Contracting Officer (TCO) |
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handles all planning and contract actions up to award of a contract.
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The Procuring Contracting Officer (PCO)
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assumes responsibility for administering the day-to-day contractual activities after award has been made.
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The Administrative Contracting Officer (ACO)
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is responsible for negotiating any termination settlements with the contractor.
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the Termination Contracting Officer (TCO)
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Sometimes all three responsibilities (of the 3 different KO's) reside in ______
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one person |
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Contracting Officer's Representatives (CORs) must provide a ______ annually so that any potential conflicts of interest can be identified.
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financial disclosure statement |
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for contracts valued over ___, procurement integrity regulations prohibit certain Government officials from accepting employment for one year from a contractor on whose contract the Government official has participated in personally and substantially.
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$10 million |
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If you are involved in the planning and evaluating of contractor proposals, you may be subject to the requirements of the _____ (as implemented by FAR 3.104). This Act and similar statutes and regulations impose stringent requirements related to safeguarding the contractor's proprietary data and other integrity issues
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Procurement Integrity Act |
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Allowing contractors access to information on a particular acquisition (especially the specification or work statement) before such information is available to the business community at large may give the contractor(s) receiving the information an unfair advantage.
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Pre-Solicitation
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Writing an unnecessarily restrictive specification or work statement that effectively excludes the products or services of a contractor or increases the prospects for award to a specific contractor is unfair. Not only does this give unfair advantage to one or more contractors, but it restricts competition and makes it more likely that the Government will overpay.
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Requirements Documents
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Occasionally, requests for information are received concerning proposals before a contract is awarded. All information concerning the proposals, including the number received and the offerors' identities, must be held in strict confidence. Should this information become available to one or more offerors, it could put other offerors at a distinct disadvantage. Moreover, proprietary data remains confidential.
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Proposal Confidentiality
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Contracting and procurement fraud schemes involve:
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•Product Substitution •Defective Pricing •Cost Mis-charging •Price Fixing •Fabrication of Records •Bribes, Gratuities and Kickbacks •Government Employee •Collusion and Fraud •Individual Fraud |
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Although the Office of Government Ethics Regulations allows you to accept gifts from a prohibited source up to a total of ___per year, any gifts on a single occasion must not exceed ___in value. For example, the face value of a football ticket (say, $50) is the market value, so the ticket cannot be accepted as a gift. |
$50 , $20 |
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makes full and open procurement as the standard for most contracting opportunities. Before this law many Federal contracts were not competed but awarded based more on who you knew within the government.
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The Competition In Contracting Act (CICA) |
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the The Competition In Contracting Act (CICA) helps foster ____ and reduce ____
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competition, costs |
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The activities of the Services Acquisition Process can be categorized into three essential phases:
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•Planning •Development •Execution |
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acquisition Planning: (3 steps) |
1. form the team ◦Establish leadership support
◦Conduct hierarchical analysis
◦Analyze the market |
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acquisition Development:(2 steps):
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◦Develop a draft requirements roadmap
◦Develop the business strategy |
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acquisition Execution:(2 steps)
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1. Execute strategy ◦Select the appropriate contractor ◦Roll out the strategy
◦Monitor contractor's performance |
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The COR also develops and maintains the ____ over the project life. Capturing the daily events and performance results not only helps assess current performance, it develops a baseline for adjusting future requirements documents or can support changes to the current contract
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knowledge base |
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The Ten Golden Rules for building effective teams:
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•Ethical Behavior at All Times -Trust, integrity, commitment and discipline are expected among team members.
•Open Communication - Share all the information that can be legally/ethically shared. •Trusting Communications - Identify problems early and don't shoot the messenger. Work on solutions, not accusations. There is never an excuse for rudeness. •Win-Win Interactions - Understand each other's world well enough so that compromises can be made. •Make and Fulfill Commitments - Team members are expected to make commitments and to manage their part of the program to meet them. This includes technical, cost, and schedule performance as well as performing for the good of the whole system. Be responsible and accountable. •Lockstep Together - No surprises to the partners. Decisions that will or may affect the program will be made with each other's knowledge. Program Office must have the earliest possible chance to react and protect the program. •Long Term View - Short-term expedient decisions are bad; expect to be in the business for the long term. Be willing to take short-term pain for long-term gain. Know you will live for a long time with what you do today. •Teamwork - Act to maintain the long-term integrity of the program and the team. •Fault Tolerant - Manage risks, but accept that mistakes will occur. Have a disciplined approach to handle them. •Tailored Processes - Expect that some bureaucratic processes may require tailoring (including waivers). |
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It should be emphasized that KOs can provide valuable advice to Program Managers and to CORs in this early stage. For example:
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•Types of contracts suitable for the contemplated acquisition, can be discussed, which can impact upon amount and timing of funding needed. These types of contracts fall into two categories: cost-type contracts and fixed price contracts.
•Market research and historical analysis of similar acquisition can be performed, which will assist the directorate in assessing the capability of the market place to satisfy its needs. |
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The Review Current Strategy activity of the the Plan Phase of the Services Acquisition Process includes the following activities:
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•Identify current initiatives/contracts
•Review and document current performance (cost, quality, schedule) •Begin program risk identification (cost, schedule, performance) •Document current processes •Determine Status of GFP/GFM/Facilities •Submit current and projected requirements forecast •Review current and statutory requirements •Define (at a high level) desired results •Review current performance and desired results with stakeholders and users •Refine desired results and validate with stakeholders |
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Agencies shall perform acquisition planning and conduct market research for all acquisitions in order to promote and provide for:
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•Acquisition of commercial items or, to the extent that commercial items suitable to meet the agency's needs are not available, nondevelopmental items, to the maximum extent practicable.
•Full and open competition or, when full and open competition is not required, to obtain competition to the maximum extent practicable, with due regard to the nature of the supplies or services to be acquired. |
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These discussions may help to determine interest, scientific approaches, requirements risk, technical capabilities, and the state-of-the-art relevant to the subject area. |
Requirements forecasting |
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After the _____ has been formulated (for acquisition planning), it must be reviewed for program relevance, need, merit, priority, and timeliness by the appropriate management staff. In many agencies, concept development is intimately connected with its budget process because these agencies use the budget process as the primary means of identifying, defining and approving agency acquisitions. |
requirement |
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_____ is required to be conducted on an on-going basis and conducted before developing new requirement documents and issuing solicitations.
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Market research |
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is a process used to collect, organize, maintain, analyze, and present data.
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Market Research |
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Its purpose is to maximize the capabilities, technology, and competitive forces of the marketplace to meet an organization's needs for supplies/services.
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Market research |
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FAR Part 10 discusses _____ |
market research |
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_____ begin with a description of the Government's needs stated in terms sufficient to allow the acquisition team to conduct market research. The research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. |
Acquisitions |
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_____ also helps the Government develop Independent Government Estimates (IGE)Independent Government Estimate (IGE)
The government's estimate of resources and cost of resources a prudent contractor will incur in the performance of a contract. when conducting cost analysisCost Analysis Review and evaluation of the separate cost elements and proposed profit contained in an offerer's or contractor's proposals and the application of judgment to determine how well the proposed costs represent what the cost of the contract should be, assuming reasonable economy and efficiency.. |
Market research
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The government's estimate of resources and cost of resources a prudent contractor will incur in the performance of a contract.
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Independent Government Estimate (IGE)
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Review and evaluation of the separate cost elements and proposed profit contained in an offerer's or contractor's proposals and the application of judgment to determine how well the proposed costs represent what the cost of the contract should be, assuming reasonable economy and efficiency..
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Cost Analysis |
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Some techniques used to interact with industry are: (before acquisitions)
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•Industry conferences or public hearings.
•One-on-one meetings with potential offerors. •Use of a Request for Information (RFI). An RFI is a document that is sent out to one or more potential contractors to request information that may be used to develop Government requirements and solicitation terms and conditions. •Use of a draft Request for Proposals (RFP). A draft RFP is used to solicit potential offeror comments to help improve the final version of the RFP. |
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is a early exchange of information between the government and industry used when the government does not intend to award a contract immediately, but wants to obtain price, delivery, other market information, or capabilities for planning purposes. Cannot be used to create a contract without the issuance of an actual solicitation document.
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Request for Information (RFI)
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In the negotiation method of contracting, is the solicitation used to communicate the government's requirements to prospective contractor(s) and to solicit proposal(s).
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Request for Proposals (RFP)
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is a statement of the technical, functional and performance characteristics of the work to be performed. It specifies the scope of the work to be performed under the contract. |
Performance Work Statement (PWS) |
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should provide the basic, top-level objectives of the acquisition and is provided in the Request For Proposals (RFP). The SOW provides the requirements of the government to the contractor in detail. It provides the contractor with instructions to accomplish the required effort and forms the basis for successful performance by the contractor and effective administration of the contract by the government.
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Statement of Work (SOW)
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I know it's confusing, however, sometimes we use _____, _____ or ______These are all types of requirements documents that describe the work of the contractor.
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How the ______ is written affects the entire acquisition cycle. It determines the type of contract we award, it influences the number and quality of proposals we receive, and it serves as a baseline against which to evaluate proposals and, later, contractor performance. It is the key element in shaping and directing all three phases of the acquisition process.
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SOW (statement of work) |
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COR will be evaluating a contractor's performance using the _____ that was developed with the PWS. Both documents require standards in order to measure contractor's performance.
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Quality Assurance Surveillance Plan (QASP) |
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The _____ details how and when the Government will observe, test/sample, evaluate, and document contractor performance.
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Quality Assurance Surveillance Plan (QASP) |
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The ____ is written concurrently with the PWS because what is written into the PWS influences what is put into the _____. Additionally, development of the _____ will force the acquisition team to make sure that outputs and procedures in the PWS are measurable.
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Quality Assurance Surveillance Plan (QASP)
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___ should be used to ensure uniformity of materials and products and may be found as part of a specification or a requirement in a product description.
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Standards |
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A SOW/PWS must have _____ by which to measure the tasks; these _____ must be measurable, realistic, clear, and unambiguous. Good ____ remove the subjectivity from surveillance.
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standards |
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KOs shall provide property to contractors only when it is clearly demonstrated:
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•To be in the government's best interest. A business case may be required.
•That the overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal. •That providing the property does not substantially increase the government's assumption of risk. •That government requirements cannot otherwise be met. |
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Sometimes a COR may be asked to assess whether _____ should be provided or not. Having the contractor provide all assets needed to perform the work is preferred.
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Government Furnished Property (GFP) |
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Reasons the government might furnish property to a contractor: (7 reasons)
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-Economy -Standardization -Security -Expedite production -Scarcity -Maintain the industrial base -Contract type |
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A COR should consider the following when preparing the IGE (independent Government Estimate):
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•The IGE is an estimate of resources and cost a prudent contractor will incur in the performance of a contract for complex requirements or non-commercial items.
•An IGE is an unbiased and realistic cost estimate. •The IGE should be based on your documented market research. •The IGE is considered confidential information that should not be discussed or shared with the contractor or with potential offerors. |
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Suppliers' ______ schedules are an excellent source of pricing information as they contain itemized costs of a wide variety of labor categories. (for commercial pricing)
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General Services Administration (GSA) |
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____- are often used as a basis of developing the Government Budget Estimate; however consideration must be given to any changes in the SOW/PWS between the current and previous acquisition as well as any changes in market conditions. (for commercial pricing)
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Previous contracts |
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for complex or non-commercial price estimates a ____ is used
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Independent Government Cost Estimate (IGCE)
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a detailed analysis of the various cost elements associated with the acquisition that is used to estimate its cost or price.
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Independent Government Cost Estimate (IGCE) AKA IGE or Independent Cost Estimate (ICE)
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List of Government contracting methods or buying choices when procuring supplies and services. (The choices affect the manner in which the contract will be monitored):
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-Simplified Acquisition Procedure -Existing Contract Vehicles -Federal Supply Schedule -Sealed Bidding -Competitive Negotiation / Source Selection -Non-competitive Negotiation |
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Used for the acquisition of supplies and services including construction, research and development, and commercial items which do not exceed the simplified acquisition threshold.
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Simplified Acquisition Procedures (SAP)
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Simplified Acquisition Procedures includes: - - - |
-Purchase Orders (PO) -Blanket Purchase Agreement (BPA) |
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Used for items within the micro-purchase threshold, placing task or delivery orders, and to make payments if the contractor accepts the credit card
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Government-Wide Commercial Purchase Card (GCPC)
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The thresholds for using the GCPC (Government-Wide Commercial Purchase Card ) are: ◦$2,500 for _______ ◦$2,000 for _______ ◦$20,000/$30,000 for ______ (Simplified Acquisition Procedures ) |
- supplies -services -construction |
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An offer by the Government to buy supplies and services, including construction and research and development, utilizing simplified acquisition procedures and a fixed price award.
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Purchase Orders (PO)
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A simplified method of buying anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply.
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Blanket Purchase Agreement (BPA)
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Generally the SAP threshold means ______.
•$300,000 for ______. •$1,000,000 for ____. •A ______if the KO believes, based on the nature of the supplies and services and market research, that offers will include only commercial items. •An _____-for certain commercial items if for a contingency purchase. |
-contingency purchase in the United States. -contingency purchase outside the United States. -$7 million threshold |
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-(contracting method) Placing task or delivery orders against existing indefinite delivery contracts (IDIQ) or Global Worldwide Acquisition Contracts (GWACS). If attempting to utilize these types of contract vehicles and they originated outside of the contracting activity which supports you, an Economy Act Justification may need to be accomplished. |
Existing Contract Vehicles
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-(contract method): A program also known as the General Services Administration (GSA) Schedules Program (or the Multiple Award Schedules [MAS] Program), provides federal agencies with a simplified process for obtaining commercial supplies and services at prices associated with volume buying. Indefinite delivery contracts are awarded to provide supplies and services at stated prices for given periods of time. |
Federal Supply Schedule (FSS)
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-(contract method- FSS): FSS contracts require all schedule contractors to publish an _____ which contains all supplies and services offered by a schedule contractor. |
"Authorized Federal Supply Schedule Pricelist" |
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-(contract method- FSS): As many scheduled contractors as practicable should be contacted to reasonably ensure that offers will be received from ____ that can fulfill the requirements. |
at least three contractors |
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-(contracting method): employs competitive bids and public openings of bids and awards. The procedures involve preparation of invitation for bids; publicizing the invitation for bids; submission of bids; evaluation of bids; and contract award. After bids are publicly opened, an award is made to the responsible bidder whose bid is the lowest based only on price and price-related factors. A fixed price contract is used. |
Sealed Bidding
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-(contract method): •Is initiated by a Request for Proposal (RFP) setting out the government's requirements and the criteria for evaluation of offers |
Competitive Negotiation/Source Selection
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-(contract method): are exchanges that take place between the government and a single contractor. Procurement by non-competitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and in compliance with FAR Part 6.302. |
Non-competitive contract negotiations (Sole Source)
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contract types:(5)
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-fixed price
-cost-reimburstment -incentive -indefinite delivery -T&M |
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Under a _______, the price remains fixed throughout the contract life unless a change is made. The Government's obligation is to pay the agreed-upon price, regardless of whether the contractor's costs increase or decrease during performance. The contractor assumes all of the cost risk.
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fixed priced contract |
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Under a ______, payments are provided from allowable incurred costs to the extent prescribed in the contract. This type is suitable for when uncertainties in contract performance do not permit the formulation of a fixed price with sufficient accuracy.
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cost-reimbursement contract |
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_____ contracts cannot be used for procuring standard commercial items.
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Cost-reimbursement |
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______ are appropriate when providing a dollar performance incentive would result in lower costs or improved performance or delivery.
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Incentive contracts |
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______ are a type of incentive contract. The fees are additional dollars paid to the contractor based upon the contractor meeting or exceeding a level of performance specified in the contract.
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Award fee contracts |
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_____ are used to acquire supplies and/or services when the exact time and/or quantity of future deliveries are unknown at the time of contract award.
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Indefinite delivery contracts |
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three types of Indefinite delivery contracts:
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•Definite Quantity •Requirements •Indefinite Quantity |
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Definite quantity (indefinite delivery contract):
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A specific quantity of supplies or services is identified for a period of time that is not precisely known at the time of contract award. Deliveries or performance are made at designated locations, upon receipt of a Government order. Supplies are available immediately or after a short lead time.
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Requirements (indefinite delivery contract):
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Actual Government requirements of specified supplies or services are filled for one or more specified locations. There is no minimum quantity that the Government is obligated to order. The contract contains an estimated total quantity and the maximum limit of the contractor's liability. Funds are obligated by each order, NOT by the contract.
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Indefinite Quantity (indefinite delivery contract):
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The contractor provides supplies or services during a defined contract period, though the precise quantity is unknown at contract award. The contract contains a minimum Government obligation to order as well as a stated maximum order quantity. This type is used when it is impossible to specify a precise quantity but the Government does not want to commit to more than the "minimum" quantity.
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______ contracts are used for acquiring supplies or services on the basis of direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and materials at cost.
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Time and Material (T&M) |
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They may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence. (contract type)
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Time and material (T&M) |
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Because it places the most risk on the Government, ____ is the least preferred contract type.
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T&M (time and material) |
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The contractor may provide a ____(supply contract) or a _____(services contract) to the Government.
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supply item, service item |
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_______ are employed to obtain spare parts for weapon systems, clerical supplies, food for the commissary, military uniforms, etc.
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Supply contracts |
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which is more straightforward a supply or a service contract?
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supply |
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A ___ requires a contractor to perform an identifiable task rather than to furnish an end item of supply.
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services contract |
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A _____ may be either a non-personal services or personal services contract. It may involve services performed by "professional" or "nonprofessional" personnel, whether on an individual or organizational basis.
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services contract |
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When contracting for services, it is Government policy to use ________methods and non-personal services rather than personal services to the maximum extent practicable.
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performance-based acquisition |
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____ are characterized by an employer-to-employee relationship created between the Government and the contractor's personnel.
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Personal services |
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Obtaining ____ by contract rather than by direct hire circumvents federal laws unless Congress has specifically authorized acquisition of personal services by contract.
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personal services |
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An ____ relationship under a services contract occurs when, as a result of the contract's terms or the manner of its administration during performance, contractor personnel are subject to relatively continuous supervision and control of a Government officer or employee.
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employer-employee |
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A contract is typically personal in nature when:
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•Performance is at a Government work site
•Contractor tools and equipment are furnished by the Government •Services are applied towards a Government function or mission •Comparable services, meeting comparable needs, are performed for similar agencies using civil service personnel •The need for the service can reasonably be expected to last beyond one year •The nature of the service or the manner in which it is provided reasonably requires, directly or indirectly, Government direction or supervision of contractor employees |
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The FAR specifically defines a ____as "a contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees."
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non-personal services contract |
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The Government may be liable which may result in a claim filed against it if, under a nonpersonal services contract, the Government:
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•Changes a contractor employee's duty hours from those specified by contract
•Requires the employee to report to a Government employee •Requires the employee to complete inherently governmental forms or maintain contractor personnel records (such as time cards) •Grants contractor employee requests for leave |
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As a COR, it is important to understand the provisions of the _____ for contracts that exceed $2,500. By law, the act does not apply to construction, supplies, transportation contracts where tariff rates apply, services that fall under the Communications Act of 1934, public utilities, and contracts for operating postal stations for the US Postal Service. The act covers all employees working on a given services contract except for bona fide executive, administrative or professional personnel.
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Service Contract Labor Standards statute [formerly the Service Contract Act (SCA)] |
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For ______, the Contracting Officer (KO) must request a wage determination from the Department of Labor and display a poster in a conspicuous area accessible to the employees which details: • |
nonprofessional services •Rights of the employees |
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When acquiring supplies and services, a designated ____must be followed.
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order of preference |
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The following sources must be considered for all government acquisitions, in the order indicated:
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•Existing Government inventory
•Required sources (for example, Native American firms and not-for-profit agencies employing blind or persons with severe disabilities) •Existing Government contracts •Commercial sources ◦Small, minority-owned businesses ◦Small businesses ◦Large businesses |
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____ are supplies and services generally available for sale or lease by the general public, i.e. not designed to meet a unique government application.
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Commercial items |
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The Commercial Contract format: |
•Standard Form (SF) 1449 •Continuation of any block from SF 1449, such as a price schedule •Contract clauses •Any contract documents, exhibits or attachments •Solicitation provisions |
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If you are not using the Commercial format, the _____ specifies the parts of a contract and the sequence in which they must be arranged.
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Uniform Contract Format (UCF) |
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The uniform contract format (UCF): Section A ___ Section K _____ |
A. Solicitation/Contract Form B.Supplies or Services And Price/Costs C.Description/Specification/Statement Of Work D.Packaging And Marking E.Inspection And Acceptance F.Deliveries And Performance G.Contract Administration Data I.Contract Clauses J.List Of Attachments K.Representations, Certifications And Other Statements Of Offerors L. instructions, Conditions, And Notices To Offerors M.Evaluation Factors For Award |
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Evaluation Factor groups (for contractor bids / proposals): (4)
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•Technical
•Cost or price •Past performance •Quality factors, small business subcontracting, and other factors |
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In more complex acquisitions, the Government uses two common approaches in contractor selection: |
-Lowest Price Technically Acceptable |
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(1 of 2 methods in complex acquisitions) _____ between cost/price and non-cost factors permit the Government to accept other than the low price proposal. The perceived benefits of the higher priced proposal must merit the additional cost. The rationale for tradeoffs must be documented in the source selection decision. |
Tradeoffs |
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(1 of 2 methods in complex acquisitions) The _____source selection process is appropriate where the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. |
LPTA (lowest price technically acceptable) |
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*_____ industry The purpose of the _____ is to convey information that prospective offerors need to prepare a proposal. The _____ describes all the information that prospective offerors must furnish to permit a meaningful and equitable evaluation of their offers. |
-soliciting -solicitation |
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The ____ is responsible for preparing the solicitation, with the assistance from you and other experts. However, much of the information is derived directly from supporting documentation or is otherwise furnished by the acquisition team in the form of a Purchase Request (PR)
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KO |
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Document submitted to start the solicitation and, ultimately, the contract. It provides information to assist in preparing the solicitation for bids, specific requirements, funding and certification on the availability of funds and required approvals.
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Purchase Request (PR) |
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Normally, the ____ does not have the technical knowledge to uncover or correct any substantive deficiencies that may exist in the technical information provided.
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KO |
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Solicitations are called ______, ____, or ____
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Request for Proposal (RFP), invitation for bid (ifb), request for quote (rfq) |
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In the negotiation method of contracting, a _____ is the solicitation used to communicate the government's requirements to prospective contractor(s) and to solicit proposal(s).
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Request for Proposals (RFP)
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In the sealed bidding method of contracting, an _____ is the solicitation the government uses to invite offerors to make a bid on a specific requirement and describes the conditions under which offers will be received.
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invitation for bid (ifb)
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(soliciting) Commonly used under simplified acquisition procedures where the estimated value of the requirement is less than $150,000 or $6.5 million under commercial test program. |
request for quote (rfq)
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The competitive negotiation and Federal Supply Schedule contracts typically use _____ and a source selection process or a streamlined source selection process, respectively.
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requests for proposals(RFP) |
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who is responsible for: |
The technical evaluation team |
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When the KO forwards the technical proposals to the technical evaluation team for analysis, they will be accompanied by ____for conducting the evaluation and for preparation of the technical evaluation report.
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specific guidance |
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The technical evaluation report must be prepared and signed by the _____ and submitted to the KO. It is maintained as a permanent record in the contract file.
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team chairperson |
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The technical evaluation report should reflect the ratings of proposals and identify each proposal as _______.
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acceptable or unacceptable |
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The technical evaluation report must include a ____ specifying the strengths and weaknesses of each proposal and any uncertainties, reservations, qualifications, or areas to be addressed that might affect the selection of the source for award. |
narrative evaluation |
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the technical evaluation report should include specific _____ that are to be raised in subsequent discussions with the offerors.
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points and questions |
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The ___ with the help of the ____ is responsible for evaluating the factors related to cost/price analysis and determination of the contractor's responsibility (e.g., adequate financial resources, ability to comply with delivery or performance schedule, satisfactory record of performance)
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KO, COR
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The ____ and ____ should analyze:
•Number of labor hours proposed for various labor categories •Mix of labor hours and categories of labor in relation to the technical requirements of the project •Types, numbers, and hours/days of proposed consultants •Proposed travel, including number of trips, locations, purpose, and names, and qualifications •Type and quantity of data processing requirements The COR/evaluation team should inform the KO of whether these elements are necessary and reasonable for efficient contract performance. |
cor, Technical Evaluation team
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In the interval between the release of the solicitation and ______, all contact with potential or actual offerors, relating to the particular acquisition, should be coordinated through the KO.
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contract award |
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Based on the ratings of each proposal against all evaluation criteria, the _____ shall establish a competitive range comprised of all of the most highly rated proposals.
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KO |
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Government personnel involved in the acquisition shall not engage in conduct that:
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•Favors one offeror over another.
•Reveals an offeror's technical solution (including unique technologies), innovative uses of commercial items, or any other information that would compromise an offeror's intellectual property to another offeror. •Discloses an offeror's price without that offeror's permission. It is permissible, however, for the KO to reveal to all offerors the cost or price that the Government's price analysis, market research, or other reviews have identified as reasonable. •Reveals the names of individuals providing reference information about an offeror's past performance. •Furnishes source selection information in violation of FAR 3.104-4 and 41 U.S.C. 423(h)(1)(2). |
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Two common forms used in Department of Defense (DoD) contracting to make the actual award are the _____and the _____
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DD Form 1155, Order for Supplies or Services. |
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The SF 1449 is used for ____ items, while the DD Form 1155 is used for ____ item purchases within the simplified acquisition threshold ($150,000).
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Note that a purchase order made with the _____ is not an actual contract between the parties. It is merely an offer by the Government to purchase supplies and services at the vendor's quoted price. A contract is established only when the vendor accepts the offer by signing and returning the _____. |
DD Form 1155 |
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Large, non-commercial item contracts are normally made using the ____ or _____
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When the ____is used, a contract is formed as soon as the DoD KO signs it, as the contractor had already submitted a formal proposal (not just a quote) to the KO.
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SF 26 |
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______ is the automated contracting system that standardizes procurement processes across the DoD.
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The DoD Standard Procurement System (SPS) |
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the ____ is used for writing solicitations and contracts.
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Standard Procurement System (SPS)
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_____ of successful and unsuccessful offerors may be done orally, in writing, or by any other method chosen by the KO. The KO normally chairs the _____ session held. Individuals who conducted the evaluations shall provide support. |
Debriefings, debriefing |
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Often times, for debriefing the _____ will be requested to provide information and participation.
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Contracting Officer's Representatives (CORs) |
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the debriefing information must include:
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•The significant weaknesses or deficiencies in the offeror's proposal, if applicable •The overall evaluated cost or price (including unit prices) and technical rating (if applicable) of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror •The overall ranking of all offerors •A summary of the rationale for award •For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror •Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed |
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Any interested party may file a ___ against the Government in regards to a contracting action. The protest can be filed directly with the contracting Agency or with the Government Accountability Office (GAO).
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protest |
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Protests must be filed not later than: • |
•10 days after contract award, or
•5 days after a debriefing, or •10 days after the basis of the protest is known (or should have been known) |
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An Agency is required to make its best efforts to resolve Agency protests within___ after the protest is filed, while GAO has ____to resolve the protest. In the case of a protest file with GAO, either party can request a ___"express option."
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35 days , 100 days , 65-day |
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When a protest is filed, the Government ___ must suspend work on the contract unless the Head of Contracting Activity determines it would not be in the best interest of the Government to do so.
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KO |
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As COR, when you hold discussions or conduct business with contractors, you should prepare a _____of meetings, trips, and telephone conversations relating to the contract.
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Memorandum for Record (MFR) |
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Each MFR, other records, or correspondence relating to the contract should cite the ____ and be maintained in the COR files. Furnish a copy of all actions or correspondence to the ___.
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contract number, KO |
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As a minimum, the COR's file should contain the following. • |
•A copy of the KO's letter of designation and other documentation describing the COR's duties and responsibilities
•Documentation of actions taken in accordance with the delegation of authority |
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examples of documentation a COR should keep on each contract
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◦A copy of the contract including attachments, exhibits, drawings, and designs
◦A copy of all modifications to the contract ◦Correspondence to and from the KO and the contractor ◦Copies of all invoices processed ◦Copies of all receipt and acceptance documents processed ◦Records of inspections ◦Samples, photographs, witness statements, and other factual data to support documentation ◦Records of all weather conditions; this is particularly important for administering construction contracts ◦Copies of progress schedules ◦Applicable laboratory test reports ◦Copies of deficiency reports ◦Copies of audit reports |
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The contract may require the contractor to submit technical ____.
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progress report |
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Technical progress reports may be submitted in letter form and may include: |
•Number and names of persons working on the project
•Facilities devoted to the work •Number of man-days expended •Direction of the work •Latest observations •Problems encountered •Predictions and plans for the next reporting period •Actions required by the Government, if any |
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____reports are an important element in contract performance management, especially in cost-reimbursement type contracts. They reveal the financial status of the contract and provide information that is helpful in avoiding or anticipating cost overruns.
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Financial |
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the ____ should provide written notification to the KO when the contract work has been judged complete and technically acceptable, so that the KO can communicate acceptance to the contractor.
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COR |
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The ____ has primary responsibility for ensuring the quality and timeliness of their goods or services in meeting contract performance standards. This is usually found in the contractor's Quality Control Plan (QCP).
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contractor |
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As a COR, you will assess the contractor's performance to ensure it conforms to contract performance requirements, using the _____
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Quality Assurance Surveillance Plan (QASP). |
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the contract includes standard Government inspection and acceptance clauses that require the contractor to: |
•Provide and maintain an inspection system that is acceptable to the Government •Give the Government the right to make inspections and tests while work is in process •Keep complete records of its inspection work that are available for Government review |
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As the COR, you are the technical expert for reviewing the contractor's ____, if required, to determine that the plan will ensure compliance with the contract terms and conditions.
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QCP (quality control plan) |
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often laid out within the PWS and, in tabular form, establishes what the contractor must accomplish under the contract in specific detail. (tells the contractor what we expect out of the product or service they are offering)
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Performance Requirements Summary (PRS) |
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•Includes the standards and Acceptable Quality Level for those tasks |
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Methods of QA surveillance: |
100% inspection
Periodic inspection Contractor metrics Third party audits Customer feedback |
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____ means the COR will inspect a task each time it occurs. This surveillance type is preferred for those tasks that occur infrequently, are critical to mission accomplishment or safety, or have stringent requirements. |
100% inspection
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This type of evaluation involves inspecting samples on less than a 100% or statistically random basis.
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Periodic |
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___ should be performed on a spontaneous, no-notice basis. The frequency should be decreased if no, or few, discrepancies are discovered.
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Periodic inspections |
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This is a preferred method of evaluation and relies on the contractor's quality control to assess and measure its performance against the contract requirements and standards. |
Contractor Metrics
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The COR can review the ____each month and determine if they accurately represent performance when compared with data from other evaluation methods.
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contractor's metrics |
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_____are used to record what has been checked by the COR using the QASP.
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Checklists |
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specifies that if the Government cannot make payment on a valid contractor invoice within a specified period of time, the Government is liable to pay interest on the amount of the payment computed at the Federal Funds rate.
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prompt payment act |
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Submission of invoices must include the following:
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•Name and address of the contractor
•Invoice date and number •Contract number, contract line item number and, if applicable, the order number •Description, quantity, unit of measure, unit price and extended price of the items delivered •Shipping number and date of shipment, including bill of lading number and weight of shipment if shipped on Government bill of lading •Terms of any discount for prompt payment offered •Name and address of official to whom payment is to be sent •Name, title, and phone number of person to notify in event of defective invoice •Taxpayer Identification Number (TIN), if required in the contract •Electronic funds transfer (EFT) banking information |
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The 2001 _____established the requirement that all contract invoicing must be done electronically.
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Defense Authorization Act |
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The ____is the single DoD system for all vendor invoicing and Government acceptance actions (where required).
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Wide Area Workflow (WAWF) |
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For Cost or Fixed Priced Incentive type contracting you will need to review the invoices for: |
•Direct labor hours •Overtime approval •Direct material usage •Travel •Variance between ordered and actual hours •Verification of accuracy of any high expenditures |
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verify invoice costs by reviewing: |
•Invoices (allowable costs for cost type contracting contracts) •Job time cards |
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the act of an authorized representative of the Government to assume ownership of identified supplies or services rendered as partial or complete in the performance of the contract. After acceptance, the contractor can no longer be held responsible for unsatisfactory effort, unless otherwise specified in the contract.
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acceptance |
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Acceptance can occur in two ways. The preferred method is through the _____. Individuals authorized to accept services then receive notification of pending actions and can accomplish acceptance using digital signature. The second method of acceptance involves preparing a ____.
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written receiving report |
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The contractor is not liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the contractor. This is also known as an _____
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Excusable Delay |
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The ___ is often the individual responsible for advising the KO of delay. The ____ should try to correctly identify delays in contract delivery or performance schedule before the delays actually occur. The technical analysis made by the ____ should be sufficient to support the action taken by the KO to remedy the delay.
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COR |
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There are three tasks that the COR will be required to perform in assisting the KO with a delay under the contract:
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1. identify and verify a delay in performance under the contract
2. notify the KO of the technical impact of the delay 3. assist KO in evaluating the contractor's response |
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The ___ will assist your evaluation of whether or not contractor delays were excusable. You must rely upon your knowledge of how the contract was executed and any additional information that may affect your determination of whether a contractor delay was excusable. Before making a final decision, you must be certain that the contractor had no control over the circumstances that caused the delay. If you can answer "Yes" to any of the questions on the checklist, then the delay was probably excusable!
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Contractor Delay Assessment Tool |
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As a COR, you should ensure that an ____ is conducted prior to signing the equipment over to the contractor, ensure that Government property is delivered to the contractor on time so as not to delay contractor performance, and that adequate property control procedures are in effect.
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inventory |
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During contract performance, report ____ of Government property to the KO. Also report any incidents of unauthorized use. You should supervise _____ of Government property upon contract completion or when no longer required by the contractor. |
the return |
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In evaluating contractor requests for ___, the COR will assure that ____ is in accordance with the performance of the contract and that the contract authorizes such actions.
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travel |
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In evaluating contractor requests for travel, as a minimum, the COR will assure that:
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•The proposed travel is essential to the effective performance of the contract
•The contractor and any subcontractor have screened reimbursement travel to avoid nonessential participation in conferences, meetings, or conventions •The contractor and any subcontractors are limiting the mode of travel to the most economical method and are relating travel to production time •When unable to use any Government contracted carrier, the contractor and any subcontractors are making reservations for air travel sufficiently in advance to obtain business class or coach rates •The contractor and any subcontractors limit the cost of travel to federal per diem rates |
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If a contract involves access to information by contractor personnel, which is determined by local personnel to be confidential or proprietary, a ____will be included in the contract.
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security clause |
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As soon as it is determined that a contractor
will require access to security information, the ____ should determine, in consultation with appropriate agency officials, levels of clearances for personnel and for the facilities involved in the classified aspects of the contract. |
COR |
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The ___ may evaluate requests for classified documents. Requests received by the KO will be forwarded to the COR for certification of the need-to-know and transmittal to your organization or bureau security office for approval.
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COR |
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The ____ should also ensure that visit authorization requests are received from contractors in advance of and vice versa, contractor visits/access to information.
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COR |
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As a ____ you need to be aware of security clearance and badging requirements for contractor personnel. You also are responsible for issuance and retrieval of common access cards.
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COR |
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____ happen by your actions or inactions and must be avoided. Contracting officials, including CORs, may be held personally liable for costs that were incurred by their direction.
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Constructive changes |
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Capturing how well a contractor performs on each contract is an important part of the performance assessment process. This information goes into an automated system called the ____
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Contractor Performance Assessment Reporting System (CPARS). |
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Upon completion of the contract, the KO must ensure the following actions have been accomplished:
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•Services have been rendered
•Articles have been delivered and accepted •Payments and collections have been made •Releases from liabilities, obligations, claims have been obtained from the contractor •Assignments of refunds, credits, etc., have been executed by the contractor •Administrative actions have been accomplished •Excess funds de-obligated •Contract file is properly documented |
