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AAFC Exam 3
Terms in this set (82)
FAR part 33.101
"Protest" means a written objection by an interested party to a solicitation or a award of a contract by or for a federal agency.
Why Do Vendors Protest?
Restrictive requirements affecting competition
Exclusion from the "competitive range"
Government did not follow required procedures during discussions
Termination or Cancellation of a solicitation/award
Basic Protesting Process (FAR 33)
Protest is filed
Action on the acquisition is suspended until protest is resolved
Government prepares protest file addressing the protest
Deciding official reviews all documentation and makes decision
Time Limits for Post Contract award
KOs must notify all unsuccessful offerors of the award results no later than 3 days after contract award
KTR must request a debriefing within 3 days of notification of contract award
After a debriefing is requested the KO has 5 days to provide the debriefing
Competition In Contracting Act (CICA) Stay
When the agency receives a protest within 10 days after contract award or within 5 days after a debriefing date, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract.
Where can a protestor choose to file a protest (FAR 33)?
General Accountability Office (GAO)
U.S. Court of Federal Claims
How long does agency have to resolve or respond to protest?
Resolve protests within 35 days after the protest is filed
What is the timeline for contracts to make a protest to the General Accountability Office GAO?
Send to GAO within 10 days after contract award or within 5 days after a debriefing date has been offered to the protester
What are 3 options for the Deciding Official for protest?
dismiss, deny, or sustain
How many calendar days does GAO have to process a protest filed by a contractor?
100 calendar and 65 days if the express option is used
What is contract administration (FAR 42)?
all activities performed by contracting parties that relate to the performance of a contract and occur after contract award.
What is the purpose of contract administration (FAR 42)?
To ensure that the buyer receives, the supplies and/or services at the level of quality and in the time required by the contract and that the seller receives payment.
What should KO do after contract award?
Read the contract
Different ways to administer contracts (FAR 42)?
Cradle-to-Grave = The KO is responsible for buy from pre-award to closeout.
Delegation- KO can delegate administration functions to a contract administration office (CAO)
When Is a COR Needed?
- Specialized expertise outside of the Contracting Office is required
- All cost contracts (above the SAT)
- All services contracts unless SAP actions are determined
What is a POST AWARD ORIENTATION?
useful tool in highlighting both party's post-award rights, duties and milestones affecting performance
What are 2 Major Types of Post-Award Orientations
Letter - Can be used for less complex contract actions to meet the basic requirements of the orientation.
Formal Conference - Best and Preferred method. Allows face-to-face meeting to provide real time feedback to questions, concerns or issues.
What does Post-Award Orientation meeting entail?
Inform the KTR about "partnering", which is a technique of Alternative Dispute Resolution to resolve disputes
Prepare a report to include names of the attendees and items discussed on DD Form 1484
Prepare contract modifications if necessary.
What part of the FAR requires ACQ plans be written?
What is considered Competitive Range?
Consists of all of the most "highly rated" responses (round 2)
What are two types of price indexes (ratios that indicate changes in prices?
Simple and Aggregate
What is cost equation?
Fixed Cost + Total Variable Cost
What is Total Variable Cost?
Variable cost per unit x number of units
What are 4 Steps to Develop the Cost Estimate?
Calculate the variable element
Calculate the fixed element
Develop the estimating equation
Estimate the cost for a given quanti
What is an Excusable Delay?
"beyond the control" of the contractor;
without "fault or negligence" of he contractor;
unforeseeable (FAR 52.249)
What is Compensable (Govt.)Delays?
Delays generally directed by the KO IAW:
Suspension of Work clause under construction contracts
Stop Work clause; supplies, services, or R&D
Government Delay of Work, mandatory for FFP non-commercial supplies
Are contractors usually excused from delays?
What does quality assurance policy require?
Contracts include inspection and other quality requirements
Supplies or services tendered by contractors meet contract requirements
Government contract quality assurance is conducted before *acceptance
What are Contracting offices responsible to obtain from the technical end user and quality org?
Specifications for inspection and test
Quality Assurance Surveillance Plan (QASP) for services (usually used & developed by the COR)
What is a modification?
a written order that changes the terms, price or other conditions in a contract.
What is an amendment?
A change to a solicitation
What are the 2 types of modification?
Unilateral- used for administrative changes ie payment and fund cite change (KO signature)
Bilateral- Requires the signature of (KO & KTR); modifying the terms of contracts
What is a Cardinal change to a contract?
Modifications to a contract that are outside of the original "SCOPE" of work which requires a Justification and Approval (J &A)
What is a Equitable Adjustment?
A fair price adjustment under a clause for changed work, including an adjustment in profit
Who authorizes change order?
Change clause which is necessary for construction clauses
What is a change order?
A change directed by the PCO without prior agreement
What is a constructive change ?
Oral or written act or failure to act by Government official (in a position of authority) construed by contractor as having same effect as a written change order
What must a KO determine before executing a modification to a contract?
Whether changes are in the original scope.
What is a claim
A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract
What is Accrual of a claim?
The date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known
What is Alternative Dispute Resolution?
- Any type of procedure or combination of procedures voluntarily used to resolve issues in controversy
What is Defective Certification?
- A certificate which alters or otherwise deviates from the language in 33.207(c) or which is not executed by a person duly authorized to bind the contractor with respect to the claim.
Issue in controversy
May result in a claim
Is all or part of an existing claim
What is a Misrepresentation of fact?
- A false statement of substantive fact, or any conduct which leads to the belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead
What is the Contract Disputes Act of 1978?
Establishes procedures and requirements for asserting and resolving claims subject to the Act
The Act also provides for:
Payment of interest on contractor claims
Certification of contractor claims
Civil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact
What does the Contract Disputes Act applies to?
any express or implied contract covered by the Federal Acquisition Regulation unless
Where should Contractor claims be submitted?
To the KO in writing.
How many years does a Contractor have to file a claim?
6 years, unless the parties agree to a shorter time period
How many days does the KO has to issue a final decision after review of the claim and all associated facts to include legal review?
When is contractor certification necessary in writing?
Any claim exceeding $100,000
What FAR part covers Terminations?
FAR Part 49
When should we terminate a contract?
Only when it is in the best interest of the government
What are 2 types of termination?
- Termination for Convenience - the exercise of the Government's right to completely or partially terminate performance of work under a contract when it is in the Government's interest
- Termination for Default - the exercise of the Government's right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations
After contract termination, a contract modification is necessary
What is a Settlement agreement?
- a written agreement in the form of a contract modification settling all or a severable portion of a settlement proposal
What is a Settlement proposal?
- A proposal for effecting settlement of a contract terminated in whole or in part, submitted by a contractor or subcontractor in the form, and supported by the dated, required by Part 49 of the FAR
What is a show cause notice?
A notice to the contractor that the government is considering a termination for default.
What does a show cause notice allow (FAR 49)?
allows the contractor to "show cause" as to why they should not be terminated
Issued when there is not sufficient time to cure the deficiency
When should a contract NOT be terminated for convenience?
When the price of the undelivered balance of the contract is less than $5,000
What are Reasons to Terminate for Convenience?
Changes in situations and technology
Lack of funds
Termination is in the best interest of the government
What are Contractor's Rights under a Termination for Convenience (T4C)?
The contractor may recover:
Its performance costs incurred up to the date of termination
Certain costs that continue after the date of termination
Profit or fee for the work performed
What is a Cure Notice?
You are notified that the Government considers your ____ [specify the contractor's failure or failures] a condition that is endangering performance of the contract. Therefore, unless this condition is cured within 10 days after receipt of this notice [or insert any longer time that the Contracting Officer may consider reasonably necessary], the Government may terminate for default under the terms and conditions of the _______ [insert clause title] clause of this contract.
Cure Notice Requirements?
Required for a termination for default
Must be "10" days left in the contractor period of performance to issue a "cure notice"
If 10 days are not remaining, the "cure notice" would, in effect, extend the period of performance
Who shall receive a copy of any cure or show cause termination for default notice for small buisness concernsto the Small Business Administration
If you are trying to T4D a small business concern, the contracting officer shall provide a copy of any cure or show cause notice to the Small Business Administration
How long do you have to closeout a Firm Fixed price contract?
6 months after the receipt of physical completion.
How many months do you have to closeout a Contract that requires settlement of indirect rates -
36 months after receipt of physical completion.
What does Timely contract closeout allows?
Deobligating excess funds
Identifies need for additional funds
Allows affected activities to concentrate on current and future requirements
What CHECKLIST form is used to closeout contracts?
DD form 1597
What is a contract completion statement?
DD Form 1594
What does FAR 7.105(b)(19) requires?
that written acquisition plans describe how the contract will be administered
How many provisions and clauses are mandatory?
What must clearly explain how the government will be evaluating price reasonableness?
What is an unauthorized commitment
An unauthorized commitment is an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. It must also be "ratified"
What is a solicitation?
A document sent to prospective contractors by a Government agency, requesting the submission of offers or information.
What is ratification?
The authority to ratify may be exercised only when-
Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained a benefit resulting from performance of the unauthorized commitment;
The ratifying official has the authority to enter into a contractual commitment;
What are 6 essential contract elements
Competent parties - 1. Capacity, 2. Competence & 3. Authority.
Mutual Assent - Meeting of the Minds.
Consideration - Must be Mutual, no piggy-backing of previous
Lawful Purpose - Obey the FAR & Statutes, Anti Deficiency.
Certainty of Terms -Price, Delivery schedule & Quantity.
Form provided by law
(6CE) Competent Parties
1. Capacity, 2. Competence & 3. Authority.
(ECE) Mutual assent
Meeting of the Minds.
Must be Mutual, no piggy-backing of previous
(ECE) Lawful Purpose
Obey the FAR & Statutes, Anti Deficiency.
(ECE) Certainty of Terms
Price, Delivery schedule & Quantity.
6th Essential Contracting element (ECE)
Form provided by law
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