WARRANT BOARD PREP |COMPLETE EXAM QUESTIONS AND A+ GRADED ANSWERS
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WARRANT BOARD
Institution
WARRANT BOARD
WARRANT BOARD PREP |COMPLETE EXAM QUESTIONS AND A+ GRADED ANSWERS
What kinds of things could cause you to lose your warrant ?
Upon retirement, reassignment, termination or unsatisfactory performance. Must be submitted in writing. FAR 1.603-4; AFFARS MP 5301.603
Over and above work/ clause
O...
WARRANT BOARD PREP |COMPLETE EXAM
QUESTIONS AND A+ GRADED ANSWERS
What kinds of things could cause you to lose your warrant ?
Upon retirement, reassignment, termination or unsatisfactory performance. Must be submitted in
writing. FAR 1.603-4; AFFARS MP 5301.603
Over and above work/ clause
Over and above requirements task the contractor to identify needed repairs and recommend
corrective action during contract performance. The contractor submits a work request to identify the
over and above work and, as appropriate, the Government authorizes the contractor to proceed.
The clause at DFARS 252.217-7028, Over and Above Work, requires the contractor and the
contracting officer responsible for administering the contract to negotiate specific procedures for
Government administration and contractor performance of over and above work requests.
The contracting officer may issue a blanket work request authorization describing the manner in
which individual over and above work requests will be administered and setting forth a dollar
limitation for all over and above work under the contract. The blanket work request authorization
may be in the form of a letter or contract modification (Standard Form 30).
Over and above work requests are within the scope of the contract. Therefore, procedures in DFARS
subpart 217.74, Undefinitized Contract Actions, do not apply.
To the maximum extent practical, over and above work shall be negotiated prior to performance of
the work.
Contracts for the performance of maintenance, overhaul, modification, and repair of various items
usually require this clause, for unscheduled maintenance or labor
What is a ratification
Ratification is the act of approving an unauthorized commitment.
Things that must be done, in addition to the above:
1. Conduct an investigation
2. Notify the commander of the organization that committed the unauthorized commitment
3. Report all findings, including prevention methods.
MP 5301.602-3
What is a unauthorized commitment
An unauthorized commitment is an agreement that is not legally binding because the person who
entered into the agreement was not authorized to do so.
What are the different type of authorities
Actual authority is either express or implied. Express actual authority to bind the Government exists in
a contract only when the Constitution, a statute, or a regulation grants it to that agent in
unambiguous terms. Implied actual authority exists when such authority is considered to be an
,integral part of the duties assigned to a Government employee and cannot exist without prior express
actual authority.
Apparent authority occurs when a principal makes others believe that she has conferred authority
upon an agent by holding them out to the public or a third-party as the principal's agent. Apparent
authority never binds the Government.
In order to approve a ratification seven (7) requirements must be met first.
1. Government has excepted the supplies or services
2. Ratifying official has the authority to make contractual agreements. Ratifying authority can be no
lower than the chief of contracting. The COCO threshold is less than $30K and unauthorized
commitments over $30K it goes to the MAJCOM
3. Resulting contract would have been proper if made by a contracting officer
4. Price is fair and reasonable
5.Legal concurrence
6. Funds are available and were available when the on off the rise commitment was made.
7. Ratification is in accordance with other agency procedures.
What are the 5 AF contracting principles
1. Stand up and do the right thing to ensure integrity and fairness in procurement system
2. Never award a contract at the expense of integrity.
3. Know the fundamentals think innovatively and remain focused on the details.
4. Care for one another by sharing our knowledge and experiences.
5. Passionately protect the image of a nation, Air Force, our contracting profession
What is IRAC Technique
It's a way of effectively presenting a logic and supportable plan of action
I- identity important issues
R - what are relevant rules and regulations
A - analysis of alternatives ( what are your options)
Conclusion- recommended actions with any mitigations if necessary
What are the elements of a contract?
Offer, acceptance, consideration and terms and conditions and mutual assent
What are the five foundational concepts that are the basis for all contracting decisions
Authority Warranted - all authority derived from law
,PCO Authority found in FAR 1.6 and derived from 41 USC 1702
Mutual agreements of parties - not rooted in regulation, but rather common law. Supplemental
agreement is rooted in regulatory guidance via 43.103
Sovereignty/ Power - the government determines and cannot be held liable for the government's act
made as a sovereign or lawmaker. The government also cannot be in breach of contract (Sovereign
Act Doctrine)
Defense production act establishes DoD as a contractor is priority customer. This act came about the
Korean War and Allows the president to influence domestic industries in the interest of national
defense
Equity and Fairness
Level playing field for contractors
Full disclosure of information
Fair and reasonable pricing
Accountability/ Compliance
Actions are subject to audit and inspection. Actions also help achieve National Policy Objectives
beyond a customers needs (i.e. CICA, SBA Act, Green Procurement, Commercial acquisitions
Transparency/ Integrity
Contracting actions shall be neither arbitrary or capricious and all parties are entitled to information
to demonstrate good faith in pure dealings.
liquadated damages
Liquidated damages is a type of remedy to compensate the government for probable damages. If a
CEO plans to assess liquidated damages clause and rate must be included in the solicitation.
Only use liquidated damages when time in delivery is so important that the government expects to
experience or suffer damage if delivery or performance is delinquent or the extent or amount of such
damage will be difficult or impossible to estimate properly.
There are three liquidated damages clause:
1 - supplies, R&D and services
2 for construction
Liquidated damages are not punitive and contracting officers must try to mitigate them
What should a requirement document specify (FAR 11.002)
1. Functions to be performed
2. Performance requirements
3. Essential physical characteristics
What should be included in a synopsis (FAR 5.207)
There are a number of components (18) but some of the major ones include
Delivery schedule
Period of performance
Description of supplies or service
Any applicable set asides
Procedures for ordering on Schedules without statement or work 8.405-1
, Below micro - May place with any vendor that can meet agency needs
Exceeding micro but less than SAT - May place with vendor that provides best value. But they must
survey at least 3 schedule contractors or document why fewer than three vendors where surveyed
Over the SAT - should be placed on competitive basis unless supported by limited sources JA and
include descriptions of products or services/ basis for award/
Same process and requirements for acquisitions with statement of work instead of description of
requirement you provide the PWS/SOW.
NDAA and LPTA restrictions
The 2019 NDAA Makes a strong policy statement to limit the use of LPTA in circumstances that would
deny the government the benefits of cost and technical trade-offs in the source selection process.
There are now six instances when you can use our LPTA:
1. Requirement can be expressed in terms of performance objectives measures and standards that
will be able to determine acceptability
2.Agency will receive no value from exceeding the minimum technical requirements
3. Technical approaches require no or minimal, subjective judgment by source selection authority
when comparing offerors
4. Agency will not identify factors that could provide value our benefit other than what the lowest
bidder could propose
5. Justification for the use of LPTA
6. Agency has determined that the lowest price reflects full life cycle costs.
Also must be avoided in the following services
IT
Healthcare
Knowledge based
Protective equipment
Logistics and knowledge based in contingency environments
Ratification (FAR 1)
The act of approving an authorized commitment. Procedures for ratifying are found in MP 5301.602-3
AMIC ratification official is Della and it's only for unauthorized commitments under 30k and over 30k
goes to MAJCOM. Ratifying official no lower than the COCO
What should you do once notified of an authorized commitment
1. Must perform investigation
2. Notify commander of organization that committed act
3. Report all findings, including prevention methods
If ratification is appropriate submit the file
What are the 7 steps to ratifying an authorized commitment
1. Government accepted supplies/service
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