CON 3900 Exam 11 August 2024 with 100- correct answers

How long should the CPARS reporting proces take? The CPARS reporting process should take no longer than 120 days. Phases of the Contracting Process Pre-Award; Award; Post-Award Pre-award phase consists of two primary activities: 1. Develop Solicitation (for our purposes, this is done by the Government or the contractor, focused on obtaining a subcontractor). 2. Develop Offer (this is done by the Contractor or Subcontractor) Award phase consists of one primary activity: Form Contract: - Evaluation of Offers; - Negotiation and discussion; - Selection of awardees Post-award phase consists of two primary activities: 1. Perform Contract 2. Close Contract Who develops a solicitation? The Government & The Buyer. Who prepares an offer? The Contractor and the seller During the post-award phase while the contract is being performed, who has responsibility for quality? During the post-award phase it is the sellers responsibility to assure quality while the contract is being performed. What is Acqusition? 1. acquiring by contract 2. with appropriated funds of supplies or services (including construction) 3. by and for the use of the Federal Government 4. through purchase or lease, 5. whether the supplies or services are already in existence 6. or must be created, developed, demonstrated, and evaluated. When does the acquisition begins? Acquisition begins at the point when agency needs are established What does acquisition process includes? · Description of requirements to satisfy agency needs, · Solicitation. · Selection of sources. · Award of contracts. · Contract financing, · Contract performance, · Contract administration, · Technical and management functions directly related to the process of fulfilling agency needs by contract.· What does the acquisition Team consists of? All participants in Government acquisition: - technical - Supply - Procurement - Customers they serve - Contractors who provide the products and services. KO's role on ACQ team? The contracting officer must have the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract. Considerations for the KO's appointment - complexity - dollar value of the acquisitions to be assigned - candidate's experience - training and education - business acumen - judgment, character, and reputation DoD KO requirements 1. completed all contracting courses required for a contracting officer 2. At least 2 years experience in a contracting position. 3. Baccalaureate degree from an accredited educational institution. 4. Additional requirements as may be established by the Secretary of Defense. Contracting Officer Responsibilities 1. Ensure sufficient funds are available for obligation for each contract action. (FAR 1.602-2(a)) 2. KO shall ensure that contractors receive impartial, fair, and equitable treatment. (for all types of coms verbal and written) 3. KO shall request and consider the advice of specialists (audit, engineering etc) 4. KO shall designate CORs in writing and furnish copies to the contractor and the contract administration office. Transparency and Open Communications business of acquisition should be conducted with openness. and integrity by everyone involved in the ACQ process Guiding principle of the Federal Acquisition: - To satisfy customers in terms of cost, quality, and timeliness of the delivered product or service. - Minimize administrative operating costs. - Fulfill public policy objectives. - Conduct business with integrity, fairness, and openness. Determination and Findings (D&F) Written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions What is Determination in (D&F)? The "determination" is a conclusion or decision supported by the "findings.'' What is Findings in (D&F) The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. When is Justification and Approval (J&A) is required? Before the following can commence: 1. negotiations for a sole source contract 2. negotiations for a contract resulting from an unsolicited proposal 3. award any other contract without providing for full and open competition What is Deviation Executing an acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. You need to document a business decision, such as the use of a specific contract type. What document will you create? A Determination and Findings At the conclusion of negotiations, the contracting officer will complete a Price Negotiation Memorandum Prior to negotiating a sole source contract, the contracting officer must complete a Justification and Approval To communicate with industry KO shall: use electronic commerce whenever practicable or cost-effective. What is the governmentwide point of entry GPE? The single point where most government purchasing opportunities and contract awards can be accessed electronically by the public on the internet. KO must disseminate information on proposed contract actions as follows: - $15,000 - $25,000 - displaying in a public place. - exceed $25,000, by synopsizing in the Government-wide Point of Entry (GPE) Who is involved in Post-award orientation? both Government and contractor personnel Post-award orientation purpose is to: 1. Achieve a clear and mutual understanding of all contract requirements 2. Identify and resolve potential problems (cant change the contract) Standards of Conduct - Be transparent in making appropriate disclosures - Adequately protecting proprietary and restricted information and other resources - Avoiding actual or apparent conflicts of interest. General rule of Ethical Behavior avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships. Solicitation and Acceptance of Gratuities by Government Personnel Government Personnel may not solicit gifts from anyone, for any reason. The Anti-Kickback Act of 1986 prohibits any person from 1. Providing, attempting to provide, or offering to provide any kickback; 2.Soliciting, accepting, or attempting to accept any kickback 3. Including, directly or indirectly, the amount of any kickback in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the United States. Does the Kickbacks statute imposes criminal penalties? The Kickbacks statute imposes criminal penalties on any person who knowingly and willfully engages in the prohibited conduct. Disclosure. Who can have access to contractor bid or proposal information or source selection information? Authorized person only Who can authorize the disclosure of contractor bid or proposal information or source selection information? 1. Applicable agency regulations or procedures 2. Agency head 3. Contracting officer FAR 3.104-4(a)). What are the examples of a contractor bid or proposal information? - Cost or pricing data - Indirect costs and direct labor rates - Proprietary information about manufacturing processes, operations, or techniques marked by the contractor - Information marked by the contractor as "contractor bid or proposal information" - Information marked IAW 52.215-1(e), (marked as restricted by the contractor) What does the term "contractor bid or proposal information" means? Any information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly: Can the any contractor bid or proposal information be provided to the 3rd Party? ONLY if intended recipient completes and signs a Non-Disclosure Agreement (DFARS 227.7103-7). Contracts with Government Employees A contracting officer shall not knowingly award a contract to a Government employee or to a business/ organization owned /controlled Government employees What is Organizational Conflicts of Interest (OCI)? When a contractor may gain an unfair