General Questions

Question 1

What skills or characteristics do you believe are most important in a
Contracting Officer?

Answer 1

Skills: time management, technical ability, competency, ability to learn
and change, communicator, especially listener portion

Character: trustworthy, positive attitude, reliable, committed-dedicated ,
not to prideful to do the research

i. S: Tech competency, ability to change learn w career field, not
shoot from hip but doing the research to find the right answer,
reliable, work ethic

ii. C: Integrity, honor, reliability, we are stewards of tax-payers dollars

Question 2

Difference between Cost and Price Analysis

Answer 2

Price analysis is the process of examining and evaluating a proposed price without evaluating its separate cost elements and proposed profit. It involves overall evaluation of total price and is required for all acquisitions.

Price analysis shall be used when certified cost or pricing data are not required.

Cost analysis is the review and evaluation of any of the separate cost elements and profit or fee in an offeror’s or contractor’s proposal as needed to determine a fair and reasonable price or to determine cost realism, 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.

Question 3

When to use Cost Analysis

Answer 3

Cost analysis shall be used to evaluate the reasonableness of individual cost elements when certified cost or pricing data are required.

Cost analysis may also be used to evaluate data other than certified cost or pricing data to determine cost reasonableness or cost realism when a fair and reasonable price cannot be determined through price analysis alone for commercial or non-commercial items.

Question 4

When to use Price Analysis

Answer 4

Price analysis should be used to verify that the overall price offered is fair and reasonable.

Question 5

You are the SCO for a Services Contract re-compete effort. Due to circumstances beyond your control, you realize that you must extend services under FAR 52.217-8 on the current contract to ensure no break in service during the re-compete. You research the contract and find two things: 1) no part of the extension period was evaluated with the basic contract award; and 2) the extension period extends the PoP beyond 5 years. How would you address these two areas?

Answer 5

1. Because prices weren’t determined at contract award we would have to do a Justification for Other than Full and Open Competition (JOFOC), Limited Sources Justification (LSJ), or Justification for an Exception to Fair Opportunity (JEFO) prior to exercising the option.
2. With it being beyond the 5 year point, we would also have to do a D&F that has to be approved by the HCA.

In summary, the SCO needs to execute a JOFOC, LSJ or JEFO and a D&F to utilize the extension under FAR 52.217-8.

Would be bilateral at this point, but if prices were determined at the basic it would be a unilateral modification.

Question 6

The IN-depth Feedback through Open Reporting Methods (INFORM 2.0) was implemented full time across GSA & AAS in April 2020. Please discuss: 1) what acquisitions must follow INFORM 2.0 procedures; and 2) describe the actions an SCO must take to implement the INFORM process in an acquisition.

Answer 6

1. Solicitations (incl options) valued at or above $10M - PBS, OAS, FAS AAS DoD actions AND at or above $100M for FAS non-DoD actions. With the exception of MAC’s (FSS and OASIS) if there will be 10 or more awards expected. Exclusion does not extend to task orders placed against these contracts or if it’s a LPTA or if it’s an emergency acquisition FAR 18.
2. The SCO must make INFORM 2.0 a part of the acquisition lifecycle - acq planning, solicitation, eval, award and post-award. There is standardized solicitation language and you must document the evaluation in a manner you’re comfortable releasing unredacted. For the award, the CO must update the notification of decision statement template to include a statement explaining offeror’s strengths and weaknesses. During post-award the CO has to afford additional opportunities for communication via post-award oral feedback meeting (In-person is preferred).it is a way for contractors to have a greater opportunity to understand the government’s perspective in awarding contracts and to collect information necessary to make a protest.

Standard debreafing : significant weakness or deficiencies in the offerors proposal.

2. The overall evaluated cost or price and technical rating of the successful offer or and the debriefed offer or and past performance Information of the debriefed offer or
3. The overall ratings of all offerors, when any rankings was developed by the agency during de source selection
4. A summary of the rationale for award
   5for comercial items , the make and model of the item to be developed
5. Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations and other applicable authorities were followed.

Question 7

You plan to award a task in September 2021 with a period of performance beginning on October 1, 2021. The client wishes to fund the task with FY21 annual (i.e., O&M) funds. What would you advise the client?

Answer 7

In order to use FY21 funds performance would need to begin in September 2021 with some sort of meaningful performance. If the client is determined to begin performance in October 2021 then the client will need to use FY22 funds.

Question 8

Please define COMPETITION and explain why this is such an important aspect of Government acquisition.

Answer 8

The definition of Competition is different depending on what part of the FAR you are using. If you are in FAR Part 8, and your requirement is over the SAT, then competition is defined as three or more offers. If you are in FAR part 16 and using a GWAC or MAC contract, then the FAR defines competition as “Fair Opportunity”. If you are in FAR part 15, using Open Market procedures, competition is defined as two or more realistic offers, or the appearance of competition to an apparent offeror.

Question 9

Why is Competition important?

Answer 9

First, it is the law – Competition in Contracting Act.

Second, it supports the industrial base – making sure that we encourage and award to lots of companies so that Competition can exist.

Finally, it is one of the best ways to determine the price is fair & reasonable for the supplies/services we are procuring.

Question 10

When doing a cost reimbursement contract, whether CPFF, CPIF or CPAF, what must you do to ensure that all proposals are evaluated fairly?

Answer 10

• FAR 16 requires that you do a cost realism analysis every time you do a cost-type acquisition.
• You must do a Most Probable Cost and balance that against every proposal you receive.
  This way you can make adjustments to the rates listed in the proposal (i.e. labor rates, overhead rates, escalation factors, etc.), as well as adjustments to hours when doing your evaluation of each proposal.
  This ensures that you are comparing apples to apples, as every contractor’s proposal will vary with both rates and hours.

You must incorporate your realism analysis when writing up your Fair & Reasonable documentation and source selection evaluation documents.

• EVEN though you may make adjustments to the contractor’s overall EVALUATED price, the award you make is based on their PROPOSED price.

Question 11

Explain the non-manufacturer rule

Answer 11

The Nonmanufacturer Rule (NMR) allows an otherwise responsible small business concern to be awarded a procurement contract to supply a product – even though it is not the manufacturer or processor of the product – as long as it meets certain conditions.

Question 12

Nonmanufacturer Rule (NMR)
To qualify as a small nonmanufacturer, a firm

Answer 12

Cannot exceed 500 employees;

Must be primarily engaged in retail or wholesale and normally sells type of product being supplied;

Must take ownership or possession of the item(s) in a manner consistent with industry practice; and

Must supply the end product of a small business, 8(a), WOSB, EDWOSB, HUBZone, or SDVOSB manufacturer or processor made in U.S. or

Obtain a waiver to the NMR.

Question 13

The Nonmanufacturer Rule (NMR) applies to the following:

Answer 13

The NMR applies to the following:

Small business set-asides above the simplified acquisition threshold

Set-asides under the following above the micro-purchase threshold:

8(a)

SDVOSB

WOSB

EDWOSB

HUBZone

Against a manufacturing or supply contract

Above the relevant dollar amount thresholds

Question 14

What are the Responsibilities of a Contracting Officer?

Answer 14

FAR 1.602-2
Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

(a) Ensure that the requirements of 1.602-1(b) have been met, and that sufficient funds are available for obligation;
(b) Ensure that contractors receive impartial, fair, and equitable treatment;
(c) Request and consider the advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate; and
(d) Designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate, unless the contracting officer retains and executes the COR duties.

Question 15

What are the three types of Protests in terms how they can be submitted and describe the process and time line involved with all three?

Answer 15

FAR Part 33
AGENCY PROTEST:
Contractor has 10 days after award or 5 days after debrief (whichever is longer)
Submitted to the CO or the Agency POC for decision.
The protestor may also request a review of the protest findings one level above the CO.
Decision should be made NLT 35 days after protest is filed with Agency

GAO PROTEST:
Overall 100 day time line
Contractor has 10 days after award or 5 days after debrief (whichever is longer)
Submitted to the Government Accountability Office
Agency has 30 days to file Agency Report
Contractor has 10 days to file supplemental timeline
ADR process in play, to include possible “Outcome prediction” (have to request it) Corrective Action may be taken if warranted

COURT OF FEDERAL CLAIMS PROTEST
No limit on when protest can be submitted
No time limit on how long protest may take
Federal Judge (non-acquisition savvy) makes final decision based on lawyer’s arguments

Question 16

You are now a CO, can you award a contract for severable services on 15 Sept 2021, for 12 months’ worth of severable service using FY21 funds?

Answer 16

Yes

Question 17

What is a Severable Service?

Answer 17

Severable services are services that are continuing and ongoing in nature – such as help-desk support, maintenance, or janitorial services – for which benefit is received each time the service is rendered.

The performance of severable services must begin during the funds period of availability and may not exceed one year.

The Government receives a benefit after each service.

Question 18

What is a Non-Severable Service?

Answer 18

Non-severable services involve work that results in a final product or end-item and for which benefit is received only when the entire project is complete, such as systems design, building construction, or environmental study. Non-severable services must be fully funded.

Question 19

You are the Senior Contracting Officer on a source selection. The solicitation states that an award shall be made without discussions. The Program Manager wants to conduct meetings with offerors to get additional technical details. What do you tell her? How would you explain the differences between clarification, communications and discussions to the Program Manager?

Answer 19

1. Clarifications-when award w/o discussion is contemplated this is your only option. Resolve minor clerical errors and past performance clarifications.
2. Communications are conducted before establishment of the competitive range. Held with those offerors whose exclusion or inclusion in the competitive range is uncertain. Past performance is the primary purpose.
3. Discussions-exchanges held with offerors in the competitive range. Only occurs after the competitive range is established. Proposal revisions are allowed to get best value for government.
4. Note: Contracting Officers may include in the solicitation that the government may conduct discussions with highly rated offerors if it the Contracting Officer determines it is in the government’s best interest to do so.

a. It is very common to see solicitations that give the Agency the option of entering into discussions with offerors. The primary objective of discussions is to maximize competition and, in turn, the Agency’s ability to obtain the best possible value.
b. Once it makes the decision to enter into discussions, the Agency must do so in good faith and with all offerors remaining in the competition. Further, the discussions themselves must be meaningful.

Question 20

You posted an RFP that is a 100% small business set aside. Your acquisition strategy is an LPTA. You are evaluating proposals received using the lowest price first ranking methodology. During the evaluation of the first proposal you discover evidence that the offeror has been seriously deficient in previous contract performance. What do you do?

Answer 20

A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be non-responsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action.
Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of non-responsibility.

Upon making a determination of non-responsibility with regard to a small business concern, the contracting officer shall refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency.

Far part 19,6

Question 21

A new customer comes to AASD to purchase multiple software licenses. It appears the licenses have multiple start dates and some of those start dates are in the past with a special note: “must pay retroactive fee”. You ask the customer what does that mean and they state, “The prior contract has lapsed but the vendor is still allowing us to use the services until we have the contract in place. The retroactive fee will back pay the vendor.” How would you handle?

Answer 21

Possible decision points:

· The retroactive fee is a violation of the Anti-Deficiency Act.
· Since GSA did not process the prior license, the client should discuss payment and/or ratification with the prior contracting office.
· Advise the customer we will only start with new dates and not include those retroactive fees and prior dates in this new contract.

Question 22

What are some steps you would use in defining a contract type? What are the advantages and disadvantages to using a T&M contract type?

Answer 22

Authority: FAR 16.104 and FAR 16.601(c)

Price competition
Price analysis 
Cost analysis 
Type and complexity of the requirement
Combining contract types 
Urgency of the requirement 
Period of performance 
Adequacy of the contractors accounting system 
Current contracts
Extend and nature of proposed subcontracting
Acquisition history 

How to you approach the situation?

a. ) Emphasis on educating the customer on regulation and policy
b. ) Connecting the conditions around his requirement to those regulations/policies
c. ) Defining the advantages/disadvantages of each contract type
d. ) Overall, involving the customer in the process

Advantages:

1) Provides a contract option for when costs cannot be estimated realistically
2) Provides fixed hourly rates and a total contract ceiling
3) Profit is saved on the material expenditures

Disadvantages:

1) Contractor has a disincentive to control cost – More hours burned is more profit earned
2) Contractor may use less qualified labor than was priced in the hourly rate, thus making more money on the rate differential
3) Performance is not guaranteed – The job may or may not be completed when all hours are expended

Question 23

PRICE REALISM VS. PRICE REASONABLENESS. Define and compare the following terms: price realism and price reasonableness.

Answer 23

Price Realism is NOT defined in the FAR. Price Realism may be done on FFP contracts to decide whether or not an offeror’s proposed prices are TOO LOW or indicate a MISUNDERSTANDING of the agency’s requirement. Agencies are not required to conduct a price realism analysis unless specified in the solicitation. Price Realism may also be described as verification that the offeror’s prices are not OVERLY OPTIMISTIC and IMPRACTICALLY LOW.

Price Reasonableness. The FAR does not define a “fair and reasonable” price. FAR 15.403-1 describes guidance as to how to determine reasonableness (normally adequate competition, historical pricing, the IGE, etc). Essentially, this is the price that a prudent business person would pay for an item or service under competitive market conditions given a reasonable knowledge of the market place. Ultimately, a reasonable price is fair to both parties considering quality, delivery and other factors. The GAO has stated that the purpose of price

reasonableness analysis is to determine whether prices are TOO HIGH rather than too low, because it is the contractor, not the government, that bears the risk that the low price will not be adequate to meet the costs of performance (see GAO CASE Sterling Services, Inc.)

• PRICE REASONABLENESS = TOO HIGH? (are we paying too much?)
• PRICE REALISM = TOO LOW? (looks at low-balling, buying in, misunderstanding rqmt)

Question 24

You are the Contracting Officer working a major and complex services acquisition. Through your market research you discover that the scope of your requirement meets one of GSA’s existing GWACs or MACs (i.e. Alliant or OASIS). Additionally, your market research reveals significant industry interest and you expect a lot of competition. This is the first time the customer has bought these services and they are very concerned with ensuring a highly qualified contractor is selected in time to meet their upcoming deadline.

1. Please discuss your thoughts on an acquisition strategy.
2. Please discuss your thoughts about the evaluation scheme.
3. Please discuss your thoughts about tactics and strategies that could be used to ensure a quality and streamlined acquisition is accomplished.

Answer 24

1. Utilizing a best value trade-off approach. Discussing with the customer what are the key discriminators for quality performance. Educating the customer on the FAR definition of “best value” to ensure they are knowledgeable about how a decision would be made and by whom. Ensuring they understand the limitations (i.e. paying unreasonable price premiums).
2. Limiting the number of factors to only those that are most critical to distinguishing quality performance between the offerors. Stating clearly in the RFQ what is to be submitted and exactly how it is to be evaluated. Ensure all parties are fully involved in the process (i.e. avoid “canned” factors). Consider alternative means of evaluations (i.e. orals, capability demonstrations, multi-phased, test scenarios, etc.).
3. Ensure effective industry involvement particularly on the PWS development. Reduces future Q&A and improves quality. Hold industry days (in-person or virtual). Collaborate early with the client on identifying the evaluators and ensuring they have the right skills represented. Planning how and where the evaluations will be conducted (i.e. ensure proper evaluators are available, have sufficient time to do the job, have a location planned, etc.). Have a method for the contracting officer to guide, mentor, and review the evaluators work in phases.

Question 25

What are some key elements you would consider as a Contracting Officer when trying to determine if an increase to an existing contract is in-scope or out-of- scope of the original effort?

Answer 25

There are three elements that at a minimum should be addressed when trying to determine whether an increase to an existing contract is in-scope or out of scope. These three elements are time, purpose and amount. Regarding time and amount, while there is no definitive percentage number out there that when reached means you have exceeded the original scope of the contract, you should be very cognizant of how much more period of performance or contract value you are adding to the original contract. You also need to take into consideration whether this additional work should be completed separately as a new effort to give “fair opportunity” to industry, instead of doing a modification to an existing contract. Finally, regarding the element of “purpose”, there should absolutely be some type of relationship to the original work being done under the contract and these new/additional requirements. There should also be some type of analysis to determine if the increase would have changed the determination of successful offeror/best value

Question 26

If a program manager calls you to discuss GSA providing AAS services, and he/she mentions that he really wants to “combine his maintenance and his operations contracts into one (1) contract” what bells should go off in your SCO brain? What happens next?

Answer 26

Defined in FAR Part 2 and Approval levels at FAR 7.107 Is this a consolidation or bundling. Bundling: Any dollar amount has to be approved by SPE Consolidating: approval for anything over $2M has to be approved by SPE

Question 27

Can you as the CO consolidate or bundle contracts? If you say yes, what approval levels should you expect to come into play on “helping” you make this demanding decision?

Answer 27

Bundling affects small businesses (Not good). Any dollar amount has to be approved by SPE Consolidating approval for anything over $2M has to be approved by SPE

Question 28

You are the Senior Contracting Officer on a commodity contract. The contractor is due to make deliveries in two weeks. However, the COR has reached out to you to inform you that the contractor will be late. What steps do you take after speaking with the COR? What remedies do you have to address this issue with the vendor?

Answer 28

1. Contact the contractor to see how the vendor is progressing. Document the conversation with the contractor. 2. Option: Issue a letter of concern, requesting a corrective action plan explaining how deliveries will be met a. Renegotiate the delivery schedule with adequate consideration b. The SCO may issue a Cure Notice immediately citing a failure to make progress and providing a time period in which to cure the failure or may wait until the delivery date is not met and issue a Show Cause notice c. Do nothing and potentially fall into a state of forbearance

Question 29

When can incremental funding be used and what is the rationale for allowing its use? What safeguards keep the contract from violating the Anti-Deficiency Act? What does the incremental funding amount have to cover?

Answer 29

Answer: Contracts using procurement appropriations must, under most circumstances, be fully funded to ensure stable production runs, lower costs, and the availability of sufficient funds to complete the product. Half an airplane or tank would not be very useful. Contracts using R&D appropriations are normally incrementally funded, allowing more flexibility and control, to provide funding as needed and as progress in the research project is accomplished. The cost and progress in R&D projects are not as predictable as in more mature production programs. In R&D, even if a program is stopped before full funding is provided, some benefit is gained from the research accomplished to date. You can incrementally fund a fixed-price contract only if— The contract (A) Is for severable services; (B) Does not exceed one year in length; and (C) Is incrementally funded using funds available (unexpired) as of the date the funds are obligated; or (ii) The contract uses funds available from multiple (two or more) fiscal years and— (A) The contract is funded with research and development appropriations; or (B) Congress has otherwise authorized incremental funding. Safeguard - The Limitation of Funds Clause (FAR 52.232-22 - for Cost Reimbursement contracts) or the Limitation of Government Obligation clause (DFARS 252.232-7007 for Fixed Price contracts) caution the contractor that he is not obligated to incur costs, nor is the Government obligated to pay in excess of the amount allotted. The contractor is obligated to notify the Government when, in the next 60 days, costs are expected to exceed 75% of the amount funded.

Question 30

What are some key elements you would consider as a Contracting Officer when trying to determine if an increase to an existing contract is in-scope or out-of- scope of the

Answer 30

NATURE - of the work (also called the substance of the work). Could the additional work reasonably have been contemplated at time of award, OR, when the work performed was "ESSENTIALLY” the same work as the parties bargained for when the contract was awarded” OR, the logical maturation of requirements that both parties could foresee from the original requirements at time of award. COST - Look at magnitude of cost increase. This is based on the discretion/determination of the CO. Generally, don’t want to increase more than 20%, possibly as high as 30% (some case law supports) before it fails a “reasonableness” test. AMOUNT - We’d look at not price, but how much work is required in terms of # of hours, # people, # of computer stations. Example Janitorial Services for one building turned into lets say 5 or 10 buildings. Or even two buildings of equal square footage.

Question 31

The Army is considering using GSA to handle the recompete of a large professional services requirement. The previous two competitions by the Army involved dozens of offerors and took many months to complete evaluations and the Army is expecting a large number of offerors again this time. The Army is interested in GSA structuring this re-compete to better streamline the process. Considering the high number of proposals that are expected, what are some key techniques or approaches that you could consider to make your acquisition and evaluation process more efficient, less burdensome, and less time-consuming?

Answer 31

Considerations may include, but not be limited to: * Reducing the number and complexity of evaluation factors; * Using Oral Presentations to evaluate Understanding rather than requiring a written proposal; * Issuing a RFI and a draft RFP in advance to solicit industry feedback; * Use of a Phased Evaluations process (Multi-step, Downselect, etc.); * Utilizing a Competitive Range to reduce number of offerors; * Use of a multistep advisory approach; * Adopting a price-ranking LPTA style in lieu of a tradeoff style, if requirements suitable.

Question 32

A DoD client comes to you with an acquisition that was previously accomplished using a FAR 6.302-1 J&A. The client needs a follow-on contract. The previous J&A was approved by the Competition Advocate, however only 1 of the 5 items listed in the “removal of barriers to competition” section has been accomplished. What do you do now and who, if anyone can approve this “sole source follow-on”?

Answer 32

First thing I would do is read through the J&A in detail to understand why we limited competition last time and what the 5 barriers to competition were previously mentioned in the last J&A. Since this was a J&A per FAR 6.302 approved by the Competition Advocate the contract must have been between $750K-$15M in estimated total dollar value since they are the signing authority for that threshold range. I would investigate the 4 barriers to competition that weren’t met to determine if any of them are within our control to eliminate at this point. If not, could we have eliminated some of them throughout the previous contract and if so, why didn’t we. If we still have barriers that could have been eliminated approval authority may not approve this time. Also, since this was 6.302-1 is there still only one source available. Will need to do market research to determine. The thresholds for approval of J&As are: 0 - $750K = Contracting Officer $750K - $15M = FAS Region 4 Competition Advocate Ms. Nicole Karas $15M - $75M = Southeast Sunbelt Region Commissioner Tom Meiron >$75M - GSA Senior Procurement Executive DFARS 206.304 for DoD has special requirement if you can’t overcome the barriers to competition the approval authority is one level above previous approval authority unless it was the SPE then it would stay with the SPE. If not DoD, it would be the authority based on the threshold of the total dollar value of the requirement.

Question 33

Suppose a client or project manager provides you Brand Name requirement and your market research indicates other brands are available to meet the client’s requirements. What guidance or recommendation would you provide to the client to ensure you are in compliance with Competition in Contracting Act.

Answer 33

FAR 11.104 Use of brand name or equal purchase descriptions. (a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. (b) Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements.

Question 34

To be determined responsible, a prospective contractor must

Answer 34

FAR Part 9.104-1 To be determined responsible, a prospective contractor must -- (a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)); (b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; (c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2; (d) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15); (e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).) (f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and (g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

Question 35

What FAR regulation describes the policies and procedures and identifies the statutory authority for contracting without providing for full and open competition?

Answer 35

The Competition in Contracting Act 1984 (41 U.S.C. 253) establishes “full and open” competitive procedures for executive agencies conducting procurement for property or services. The agencies may use noncompetitive procedures only in certain situations of which are outlined in 41 U.S.C. (c), 10 U.S.C. 253 (c). FAR 6.3 describes the policies and procedures, and identifies the statutory authorities, for contracting without providing for full and open competition. 41 U.S.C (c) authorizes all other executive agencies (Department of Defense, Coast Guard, and NASA are subject to 10 U.S.C. 2304 (c)) to contract without providing for full and open competition. GSA uses this statutory authority for contracting. Per FAR 6.303, “Justifications,” a Lease Contracting Officer shall not commence negotiations for a sole source contract unless the Lease Contracting Officer provides a written justification of actions (if required by FAR 6.302), certifies the accuracy and completeness of the justification, and obtains the approval required by FAR 6.304.

Question 36

EPLS? What is it, when and how often should you run the report?

Answer 36

Excluded Parties List System - Agencies shall solicit, award contracts, and consent to subcontracts with responsible contractors only. EPLS informs the contracting officer if the contractor is debarred or suspended. EPLS is checked via SAM (System for Award Management). When and how often: Noncompetitive requirement: (1) prior to releasing the RFQ/RFP (solicitation); (2) after receipt of quote/proposal; (3) prior to award Competitive requirement: (1) after receipt of quote/proposal; (2) prior to award Consent to subcontract: prior to issuing written consent for the subcontract

Question 37

What is an option? What part of the FAR covers options? Describe the steps for (1) including options in the evaluation of an award and for (2) exercising a contract option?

Answer 37

“Option” means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract. 1. Part 17 Special Contracting Methods 2 Steps for including options in the evaluation of an award o Prepare D&F to justify use of options in award evaluation o Include FAR provisions and clauses in solicitation 3 Steps for exercising a contract option o provide written notice to the contractor within the time period specified in the contract o contracting officer may exercise options only after determining that funds are available o contracting officer may exercise options only after determining that requirement covered by the option fulfills an existing Government need o contracting officer may exercise options only after determining that exercise of the option is the most advantageous method of fulfilling the Government’s need, price and other factors o contracting officer may exercise options only after determining that option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions o contracting officer may exercise options only after determining that contractor is not listed on the Excluded Parties List System o Contracting officer prepares D&F o The contract modification or other written document which notifies the contractor of the exercise of the option shall cite the option clause as authority

Question 38

Your warrant level is $1M. You are assigned a contract with a base value of $900,000. The Project Manager hands you a modification package that adds $135,000 to the contract value ($900,000 + $135,000 = $1,250,000). Does your warrant allow you to process the modification? If you believe that your warrant doesn’t allow you to process the modification, would your warrant allow you to administer the contract AFTER the modification is completely processed by another CO?

Answer 38

Thus, in the example provided, even though the Contracting Officer was initially able to award and administer the $900,000 contract, their warrant is not sufficient to award/administer modification/contract once the $135,000 is added to the contract value.

Question 39

In accordance with FAR 1.602-2, What are the responsibilities of a Contracting Officer?

Answer 39

Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment.

Question 40

EXCEPTIONS TO CERTIFIED COST OR PRICING DATA: We know that Certified Cost or Pricing Data shall NOT be obtained for acquisitions at or below the simplified acquisition threshold. What are the exceptions to certified cost or pricing data outlined in FAR 15.403-1?

Answer 40

(a) Certified cost or pricing data shall not be obtained for acquisitions at or below the simplified acquisition threshold. (b) The contracting officer shall not require certified cost or pricing data to support any action when: (1) The contracting officer determines that prices agreed upon are based on adequate price competition (2) The contracting officer determines that prices agreed upon are based on prices set by law or regulation (3) A commercial item is being acquired (4) A waiver has been granted (5) Modifying a contract or subcontract for commercial items

Question 41

A potential client calls you and wants to discuss GSA’s thought process on how it determines that appropriate contract vehicle to utilize for a requirement. The client is adamant that an open market strategy would generate the best competitive market place. Please describe the types of things you would explain to the client before an open market acq strategy is chosen? What are the types of questions you would ask about the requirement and describe the order of precedence for different vehicles you would use during the market research phase?

Answer 41

Find out why the client is adamant about going open market. Discuss the acquisition history and if it was competed open market in the past. Discuss the fact that open market is not GSAs first choice during the acq strategy planning phase. Walk through the progressions of Schedules, GWACs.. Etc. Ask questions regarding dollar value, contract type, current incumbent etc.. FSS

Question 42

When dealing with potential organizational and consultant conflicts of interest, what are the two underlying principles?

Answer 42

FAR 9.5 1. Preventing the existence of conflicting roles that might bias a contractor's judgment; and 2. Preventing unfair competitive advantage.

Question 43

As the Contracting Officer on an open-market source selection, you established your competitive range and recently sent out the notice to unsuccessful offerors. In response, you have received several requests for debriefings. The requests are for pre-award debriefings. What are the things you may/may not include in the debriefings?

Answer 43

FAR 15.505 Pre-Award Debriefings - Authority: FAR 15.505 At a minimum, Pre-Award debriefings shall include -- (1) The agency's evaluation of significant elements in the offeror's proposal; (2) A summary of the rationale for eliminating the offeror from the competition; and (3) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition. Preaward debriefings shall not disclose -- (1) The number of offerors; (2) The identity of other offerors; (3) The content of other offerors proposals; (4) The ranking of other offerors; (5) The evaluation of other offerors; or (6) Any of the information prohibited in 15.506(e).

Question 44

You're in an acquisition strategy meeting for a new $20M effort and the Program Manager points out the list of potential offerors. Three of which are small businesses. When asked, he states that all three are capable of doing the work. Are you required to set this acquisition aside for small business? What question would you ask the Program Manager?

Answer 44

Your question for the engineer would be whether two or more of the small businesses would offer the best technical solution for the best mix of cost, performance, and schedule.

Question 45

We often hear that it is the Contracting Officer's responsibility to determine that a contractor is "Responsible and Responsive". In your own words please define what it means for a contractor to be Responsible and Responsive.

Answer 45

To be determined RESPONSIBLE, a prospective contractor must - 1) Have adequate financial resources to perform the contract or the ability to obtain them; 2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; 3) Have a satisfactory performance record; 4) Have a satisfactory record of integrity and business ethics; 5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them; 6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; 7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations. To be considered RESPONSIVE, a contractor's bid must comply in all material aspects of the invitation for bids. Such compliance enables bidders to stand on equal footing and maintain the integrity of the sealed bidding system.

Question 46

Describe why it could be critical to provide a detailed and accurate “Technical and Contractual History” section of the Acquisition Plan and how that information could impact your acquisition planning?

Answer 46

• It provides meaningful history for the acquisition plan reviewers to place this proposed acquisition in historical context. • Could provide valuable insight into the appropriate type of contract given the history (FFP, T&M, Cost, etc.) • Could provide valuable insight into whether there is a history of protest litigation with the predecessor contracts, which may lead to greater legal risk associated with this requirement, which may prompt need for additional guidance in acquisition planning and solicitation. • Could identify if predecessor contracts had cost control issues or scope creep or price/cost ceiling issues which may require special attention in acquisition planning. • Could identify whether the predecessor contracts were handled by GSA, perhaps another GSA region, or by another contracting agency, which could serve as sources of key information to structure the SOW/PWS/SOO to mitigate against contract administration problems (if any) encountered on predecessor contracts. • Could identify if certain rights in data (intellectual property) was obtained or licensed as part of prior contracts, to help identify data rights needs for current acquisition. • Could identify if any Organizational Conflicts of Interest have presented or been a concern in prior acquisitions. • Could identify if there is any bundling concern, e.g., if the history involves the consolidation of two previous contracts into one. • Possible particular types of bundling concern that may apply o Small business bundling if both prior contracts were previously performed by small business and the new contract will not be for exclusively for small business o CICA-style bundling concern. Irrespective of whether small businesses are involved, the mere consolidation into a single requirement could be viewed as unduly restrictive. o 15 USC 657q – approval of consolidation is required if over $2M in some cases.

Question 47

You are the Contracting Officer on a new SBIR program. The Proposals was recently received and a Cost Plus Fixed Fee contract type is anticipated. The proposal was priced significantly less than the IGCE. The users have more than enough funds to cover the proposal and have deemed the technical proposal acceptable as is. The user would like to proceed with award for the full amount. The contractor proposed fee in an amount that equates to 20% of the estimated cost. How should you advise the user and what factors should you consider in determining a reasonable fee?

Answer 47

DFAR PGI 15 First of all although the client want's me to award they only do technical and me as the contracting officer would be responsible for the cost/price aspect of the proposal. I would explain to the client that there are statutory limitations on price or fee that we simply cannot exceed, and 20% fee exceeds the statutory limitation of 15%. I would engage the technical team to help determine the level/s of risk associated with the requirement and use a structured approach such as a weighted guideline.

Question 48

When should you do a Multiple award IDIQ and a Single award IDIQ., What are the considerations in determining whether to do a single or Multiple award and what dollar value would you consider a multiple award. At what dollar value would you consider going for a mandatory multiple award, and if you wanted to go away from that what would you have to do? What dollar value would trigger multiple awards being mandatory unless you get an exception?

Answer 48

(A) The contracting officer should consider the following when determining the number of contracts to be awarded: (1) The scope and complexity of the contract requirement. (2) The expected duration and frequency of task or delivery orders. (3) The mix of resources a contractor must have to perform expected task or delivery order requirements. (4) The ability to maintain competition among the awardees throughout the contracts’ period of performance. (B) The contracting officer must not use the multiple award approach if- (1) Only one contractor is capable of providing performance at the level of quality required because the supplies or services are unique or highly specialized; (2) Based on the contracting officer’s knowledge of the market, more favorable terms and conditions, including pricing, will be provided if a single award is made; (3) The expected cost of administration of multiple contracts outweighs the expected benefits of making multiple awards; (4) The projected task orders are so integrally related that only a single contractor can reasonably perform the work; (5) The total estimated value of the contract is at or below the simplified acquisition threshold; or (6) Multiple awards would not be in the best interests of the Government. (C) The contracting officer must document the decision whether or not to use multiple awards in the acquisition plan or contract file. The contracting officer may determine that a class of acquisitions is not appropriate for multiple awards (see subpart 1.7). (D) No task or delivery order contract in an amount estimated to exceed $100 million (including all options) may be awarded to a single source unless the head of the agency determines in writing that- (i) The task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work; (ii) The contract provides only for firm-fixed price (see 16.202) task or delivery orders for- (A) Products for which unit prices are established in the contract; or (B) Services for which prices are established in the contract for the specific tasks to be performed;