CORB Study Guide
A Battalion Commander is very passionate about the welfare of his Soldiers. During a barracks
inspection, he notices that the three microwaves in the common area are broken. He has
expressed out loud to his Adjutant that he would like the microwaves fixed immediately. The
adjutant, quickly to please, orders the Barracks NCO to fix the microwave situation. The E-5
wanting to make a good impression takes it upon himself to purchase the three microwaves with
the GPC card. He gives the invoice to the Adjutant who in turn submitted an invoice for $500.00
worth of microwaves that have already been delivered. What do you do? - ANS-STOP! Find out
what exactly has occurred and if an Unauthorized Commitment has occurred.
A legally binding contract must contain what elements? - ANS-An offer and an acceptance. 1.
Component Parties (capacity, competence, and Authority) 2. Mutual Assent (binding offer, valid
acceptance, and meeting of the minds) 3. Consideration (the bargained for legal value of the
deal) 4. Certainty of terms (the contract must be unambiguous) 5. Lawful purpose (Violations of
the law will not be enforced)
Address the importance of acquisition planning. What are some things that you, as a KO, can
do to assist the customer in acquisition planning? Additionally, discuss when formal acquisition
planning is required. - ANS-FAR Part 7 This planning shall integrate the efforts of all personnel
responsible for significant aspects of the acquisition. The purpose of this planning is to ensure
that the Government meets its needs in the most effective, economical, and timely manner.
Agencies that have a detailed acquisition planning system in place that generally meets the
requirements of 7.104 and 7.105 need not revise their system to specifically meet all of these
requirements.
The KO can help the customer determine the correct contract type and appropriate
consideration of the use of pre-existing contracts, including interagency and intra-agency
contracts, to fulfill the requirement, before awarding new contracts.
Appropriated funds are subject to what three basic fiscal constraints? - ANS-▪ Time. Period of
Availability (e.g., O&M is 1 year) and Bona fide need (e.g., services is generally when services
are performed)▪ Purpose. Funds expended for the purpose established▪ Amount. Funds cannot
be obligated in excess of the appropriation amount established
As a contracting officer, you are responsible for ensuring the funds proposed for use on the
contract are appropriate not only in amount, but also proper appropriation and availability with
respect to time (e.g., year of expiration, expiration, etc.). Please tell me how you determine this
by looking at the "fund cite". Funding Codes - ANS-Colors of money: Procurement 3 years,
RDT&E 2 years, O&M 1 year, MILPERS 1 year, MILCON 5 years. The first two digits are the
component (21: Army, 57: AF), the next digit is last of the appropriated year (7 for 2017). The
next four digits are the type of procurement (2020 is O&M 1 year money and 2031-2035 is
appropriations money 3 year money) The last four digits are the DODAC
,As Contracting Officer, how do you view guidance versus policies versus regulations versus
laws or statutes? - ANS-Guidance = Advice, Policies = Local Directives, Regulations = Federal
Laws
As Contracting Officer, you have a unique role when it comes to representing the United States
of America. Please take a minute or two to describe this unique role, paying particular attention
to your allegiance to the US Government versus the contractor in decisions regarding tax-payer
dollars. - ANS-"Contracting officer" means a person with the authority to enter into, administer,
and/or terminate contracts and make related determinations and findings. The term includes
certain authorized representatives of the contracting officer acting within the limits of their
authority as delegated by the contracting officer. "Administrative contracting officer (ACO)"
refers to a contracting officer who is administering contracts. "Termination contracting officer
(TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting
officer may be responsible for duties in any or all of these areas. Reference in this regulation (48
CFR Chapter 1) to administrative contracting officer or termination contracting officer does not—
(1) Require that a duty be performed at a particular office or activity; or
(2) Restrict in any way a contracting officer in the performance of any duty properly assigned.
Describe the Anti-deficiency Act (ADA) and list some actions that would constitute a violation of
it. What are the potential penalties for a violation of the ADA? - ANS-The ADA establishes civil
and criminal penalties for federal employees who fail to comply with laws appropriating and
authorizing the use of federal funds. Specifically, the ADA prohibits federal employees from
spending money:
• For a purpose different from that authorized by Congress
• At a time when such funds are not authorized by Congress
• In excess of the amount authorized by Congress
A knowing and willful violation of the ADA is considered a Class E Felony subject to a $5,000
fine, 2 years imprisonment, or both.
Describe the different types of terminations available. Address both noncommercial (FAR Part
49) and commercial (FAR PART 12) terminations. Discuss the termination procedures and
remedies (if any) of each - ANS-There are three types of terminations.
1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2. Anticipatory breach
2. Termination for Cause (T4Cause) A T4Cause and T4C are for commercial contracts.
3. Termination for Convenience settlement agreement, no dispute.
Reasons to terminate for convenience: Lack of funds, in the best interest of the Government,
change in situation or technology.
A small business termination must be reported to the SBA.
T4C Best interest no breach.
All payments stop at termination.
An improper T4D is settled as if it was a T4Convenience.
No cure notice needed past delivery date.
Show cause sent after due date, may be used but not required.
, Discuss the differences in FAR Part 12 commercial procurement and non-commercial
procurement (FAR 14, 15) (for procurement not using FAR 13.5, commercial test procedures). -
ANS-A noncommercial item cannot be purchased using FFP. DoD Source Selection Procedures
are not required for FAR Part 12 Streamlined Acquisitions
Procurements of commercial items are more streamlined and less burdensome on the
contracting officer in that they are subject to a set of simplified acquisition procedures set forth in
FAR Part 12 (or Part 8). In noncommercial item acquisitions, contractors are subject to three
highly burdensome requirements: 1) the FAR's cost principles, 2) the Cost Accounting
Standards, and 3) the Truthful Cost or Pricing Data Act. Cost principles, as governed by FAR
Part 31, define what costs can be recovered under a government contract. Before a cost can be
charged to the government, it must be 1) allowable, 2) reasonable, and 3) allocable. The Cost
Accounting Standards require contractors to maintain a particular type of accounting system
and delineate how to account for certain types of costs. The Truthful Cost or Pricing Data Act
requires vendors to submit certain cost or pricing data if the contract is expected to exceed
$750,000 so that the contracting officer may make a price reasonableness determination. As
part of complying with this statute, contractors must submit a certificate attesting to the validity
of prices and representations to the government.
Discuss your understanding of SAM (System for Award Management Exclusions) and how /
when it is to be utilized. - ANS-SAM is an official website of the U.S. government. SAM
consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. SAM is always utilized to
validate the contractors Certs and Reps. Contractors must be registered in SAM to contract with
the Federal government.
Explain the "Bona Fide Needs" rule. - ANS-It is a rule of appropriations law. It mandates that a
fiscal year's appropriations only be obligated to meet a legitimate—or bona fide—need arising in
(or sometimes before) the fiscal year for which the appropriation was made. Penalty is Job, 2
years in Jail and $5K fine or both.
Explain the concept of "Unbalanced Pricing". - ANS-FAR Part 15. ▪ Unbalanced pricing may
increase performance risk and could result in payment of unreasonably high prices▪ Exists
when, despite an acceptable total evaluated price, the price of one or more contract line items is
significantly over or understated▪ Contracting Officers shall consider the risk to the Government
associated with the unbalanced pricing to determine the competitive range and in making the
source selection decision▪ Contracting Officer shall consider whether award of the contract will
result in paying unreasonably high prices for contract performance▪ An offer may be rejected if
determined that the lack of balance poses an unacceptable risk to the Government
Explain the difference between an offeror's experience and an offeror's past performance -
ANS-Experience details work that the contractor has done in scale and scope. Past
performance is a report of how well they did. Performance can be obtained by CPARS, Past
Performance Retrieval System (PPIRS), and surveys.
A Battalion Commander is very passionate about the welfare of his Soldiers. During a barracks
inspection, he notices that the three microwaves in the common area are broken. He has
expressed out loud to his Adjutant that he would like the microwaves fixed immediately. The
adjutant, quickly to please, orders the Barracks NCO to fix the microwave situation. The E-5
wanting to make a good impression takes it upon himself to purchase the three microwaves with
the GPC card. He gives the invoice to the Adjutant who in turn submitted an invoice for $500.00
worth of microwaves that have already been delivered. What do you do? - ANS-STOP! Find out
what exactly has occurred and if an Unauthorized Commitment has occurred.
A legally binding contract must contain what elements? - ANS-An offer and an acceptance. 1.
Component Parties (capacity, competence, and Authority) 2. Mutual Assent (binding offer, valid
acceptance, and meeting of the minds) 3. Consideration (the bargained for legal value of the
deal) 4. Certainty of terms (the contract must be unambiguous) 5. Lawful purpose (Violations of
the law will not be enforced)
Address the importance of acquisition planning. What are some things that you, as a KO, can
do to assist the customer in acquisition planning? Additionally, discuss when formal acquisition
planning is required. - ANS-FAR Part 7 This planning shall integrate the efforts of all personnel
responsible for significant aspects of the acquisition. The purpose of this planning is to ensure
that the Government meets its needs in the most effective, economical, and timely manner.
Agencies that have a detailed acquisition planning system in place that generally meets the
requirements of 7.104 and 7.105 need not revise their system to specifically meet all of these
requirements.
The KO can help the customer determine the correct contract type and appropriate
consideration of the use of pre-existing contracts, including interagency and intra-agency
contracts, to fulfill the requirement, before awarding new contracts.
Appropriated funds are subject to what three basic fiscal constraints? - ANS-▪ Time. Period of
Availability (e.g., O&M is 1 year) and Bona fide need (e.g., services is generally when services
are performed)▪ Purpose. Funds expended for the purpose established▪ Amount. Funds cannot
be obligated in excess of the appropriation amount established
As a contracting officer, you are responsible for ensuring the funds proposed for use on the
contract are appropriate not only in amount, but also proper appropriation and availability with
respect to time (e.g., year of expiration, expiration, etc.). Please tell me how you determine this
by looking at the "fund cite". Funding Codes - ANS-Colors of money: Procurement 3 years,
RDT&E 2 years, O&M 1 year, MILPERS 1 year, MILCON 5 years. The first two digits are the
component (21: Army, 57: AF), the next digit is last of the appropriated year (7 for 2017). The
next four digits are the type of procurement (2020 is O&M 1 year money and 2031-2035 is
appropriations money 3 year money) The last four digits are the DODAC
,As Contracting Officer, how do you view guidance versus policies versus regulations versus
laws or statutes? - ANS-Guidance = Advice, Policies = Local Directives, Regulations = Federal
Laws
As Contracting Officer, you have a unique role when it comes to representing the United States
of America. Please take a minute or two to describe this unique role, paying particular attention
to your allegiance to the US Government versus the contractor in decisions regarding tax-payer
dollars. - ANS-"Contracting officer" means a person with the authority to enter into, administer,
and/or terminate contracts and make related determinations and findings. The term includes
certain authorized representatives of the contracting officer acting within the limits of their
authority as delegated by the contracting officer. "Administrative contracting officer (ACO)"
refers to a contracting officer who is administering contracts. "Termination contracting officer
(TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting
officer may be responsible for duties in any or all of these areas. Reference in this regulation (48
CFR Chapter 1) to administrative contracting officer or termination contracting officer does not—
(1) Require that a duty be performed at a particular office or activity; or
(2) Restrict in any way a contracting officer in the performance of any duty properly assigned.
Describe the Anti-deficiency Act (ADA) and list some actions that would constitute a violation of
it. What are the potential penalties for a violation of the ADA? - ANS-The ADA establishes civil
and criminal penalties for federal employees who fail to comply with laws appropriating and
authorizing the use of federal funds. Specifically, the ADA prohibits federal employees from
spending money:
• For a purpose different from that authorized by Congress
• At a time when such funds are not authorized by Congress
• In excess of the amount authorized by Congress
A knowing and willful violation of the ADA is considered a Class E Felony subject to a $5,000
fine, 2 years imprisonment, or both.
Describe the different types of terminations available. Address both noncommercial (FAR Part
49) and commercial (FAR PART 12) terminations. Discuss the termination procedures and
remedies (if any) of each - ANS-There are three types of terminations.
1. Termination for default (T4D). Two types. 1. Any default (actual breach) 2. Anticipatory breach
2. Termination for Cause (T4Cause) A T4Cause and T4C are for commercial contracts.
3. Termination for Convenience settlement agreement, no dispute.
Reasons to terminate for convenience: Lack of funds, in the best interest of the Government,
change in situation or technology.
A small business termination must be reported to the SBA.
T4C Best interest no breach.
All payments stop at termination.
An improper T4D is settled as if it was a T4Convenience.
No cure notice needed past delivery date.
Show cause sent after due date, may be used but not required.
, Discuss the differences in FAR Part 12 commercial procurement and non-commercial
procurement (FAR 14, 15) (for procurement not using FAR 13.5, commercial test procedures). -
ANS-A noncommercial item cannot be purchased using FFP. DoD Source Selection Procedures
are not required for FAR Part 12 Streamlined Acquisitions
Procurements of commercial items are more streamlined and less burdensome on the
contracting officer in that they are subject to a set of simplified acquisition procedures set forth in
FAR Part 12 (or Part 8). In noncommercial item acquisitions, contractors are subject to three
highly burdensome requirements: 1) the FAR's cost principles, 2) the Cost Accounting
Standards, and 3) the Truthful Cost or Pricing Data Act. Cost principles, as governed by FAR
Part 31, define what costs can be recovered under a government contract. Before a cost can be
charged to the government, it must be 1) allowable, 2) reasonable, and 3) allocable. The Cost
Accounting Standards require contractors to maintain a particular type of accounting system
and delineate how to account for certain types of costs. The Truthful Cost or Pricing Data Act
requires vendors to submit certain cost or pricing data if the contract is expected to exceed
$750,000 so that the contracting officer may make a price reasonableness determination. As
part of complying with this statute, contractors must submit a certificate attesting to the validity
of prices and representations to the government.
Discuss your understanding of SAM (System for Award Management Exclusions) and how /
when it is to be utilized. - ANS-SAM is an official website of the U.S. government. SAM
consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. SAM is always utilized to
validate the contractors Certs and Reps. Contractors must be registered in SAM to contract with
the Federal government.
Explain the "Bona Fide Needs" rule. - ANS-It is a rule of appropriations law. It mandates that a
fiscal year's appropriations only be obligated to meet a legitimate—or bona fide—need arising in
(or sometimes before) the fiscal year for which the appropriation was made. Penalty is Job, 2
years in Jail and $5K fine or both.
Explain the concept of "Unbalanced Pricing". - ANS-FAR Part 15. ▪ Unbalanced pricing may
increase performance risk and could result in payment of unreasonably high prices▪ Exists
when, despite an acceptable total evaluated price, the price of one or more contract line items is
significantly over or understated▪ Contracting Officers shall consider the risk to the Government
associated with the unbalanced pricing to determine the competitive range and in making the
source selection decision▪ Contracting Officer shall consider whether award of the contract will
result in paying unreasonably high prices for contract performance▪ An offer may be rejected if
determined that the lack of balance poses an unacceptable risk to the Government
Explain the difference between an offeror's experience and an offeror's past performance -
ANS-Experience details work that the contractor has done in scale and scope. Past
performance is a report of how well they did. Performance can be obtained by CPARS, Past
Performance Retrieval System (PPIRS), and surveys.
