CONTRACTING OFFICER WARRANT BOARD QUESTIONS WITH CORRECT ANSWERS, Exams of Law

Download CONTRACTING OFFICER WARRANT BOARD QUESTIONS WITH CORRECT ANSWERS and more Exams Law in PDF only on Docsity! Contracting Officer warrant board questions You are the PCO for a major competitive negotiated source selection. The RFP, which reflects the user's requirements and is based on the user's budget, has a requirement for 220 cargo loaders to be delivered at 55 per year over the next four years. One offeror proposes to deliver all 220 loaders in the first year at a dramatically reduced price. Can you accept the offeror's proposal? What factors should you consider in your decision? correct answerYou can accept the offeror's proposal under certain circumstances. Firstly, what did the RFP say about alternate proposals? Is this a situation where requirements are changed and the other offerors should be allowed to propose on the basis of the changed requirements? You need to ask the user if he wants all 220 in the first year and are the operating locations physically able to accommodate their loaders in the first year. Finally, the offeror could be taken into discussions and asked to conform to the RFP with there being the possibility of not being selected for award or elimination from the competitive range if the proposal is not made compliant with the RFP. You are the PCO on a new $2B aircraft development program. The program is in contract negotiations for a Fixed Price Incentive (Firm Target) System Development and Demonstration contract award to a sole source contractor. The program director, a fast-burning young colonel, e-mails you that she is very concerned with the aircraft's ultimate speed at the full specification payload. She would like the contractor to achieve the faster, desired objective speed rather than the mandatory threshold speed, and thinks that an objective performance incentive would be the way to go to achieve her goal. You are asked to go to her office and discuss the matter and the issues involved in using such an incentive. What do you tell the colonel? correct answerThere are a number of considerations for the colonel: The desired additional speed should provide benefit to the Government in order to justify the expenditure of funds to achieve it. The colonel should be able to articulate the justification. The situation is very amenable to a classic performance incentive that would allow the contractor to earn profit for achieving the desired speed above and beyond what the final FPIF profit would be for achieving threshold speed. If the contractor perceives this can't happen, he will either not sign up to the incentive or will ignore it from Day One. The incentive and resulting payment have to be structured so as to be based on observable, measurable results that would determine how much is earned by the contractor. Subjectivity is not allowable under current AF policy without HCA approval. We have to be very careful to understand what possible unintended consequences could be caused by the existence of this feature in the contract. For example, will the contractor reduce aircraft weight beyond safe limits in order to help achieve the payment? Also, will the contractor consume excessive schedule to get the extra speed? There has to be a cost incentive in place so that the contractor doesn't spend an unconstrained amount of money to win the payment, such as under a CPFF contract. The FPIF share line serves this purpose when balanced against the incentive. The incentive has to be balanced with the FPIF share line so that the contractor doesn't spend more money to achieve the desired speed than he has potential to earn by receiving the payment. Similarly, the contractor can't be allowed to spend an excessive amount of money with little cost penalty to achieve success. In some cases, Contracting Officers are also Grants Officers. They can award Grants and Assistance Instruments as well as contracts. What is Assistance? How does it differ from Acquisition? What gives the Grants Officers their authority to enter into assistance? What are the types of Assistance? correct answerWhen the principal purpose is to transfer a thing of value, to carry out a public purpose of support or stimulation authorized by law of the United States, it is Assistance. Acquisition, by contrast, has the principal purpose of acquiring property or services for the direct benefit or use of the United States Government. Federal agencies must be authorized by statute to support or stimulate a public purpose. The statutory authority from Congress must exist either in broad legislation or in a program-specific statute. Absent that statutory authority, a Grants Officer may not use an assistance instrument. Authorities to issue Assistance can be of three types: (1) Provide to the Secretary of Defense by statute, e.g., 10 U.S.C. 2391; (2) Authority provided to DoD components that requires no delegation by the Secretary of Defense, e.g., 10 U.S.C. 2358; (3) Authority coming indirectly from statutes, i.e., federal statute authorizing a program that is consistent with using a grant or cooperative agreement. Two types of Assistance are Grants and Cooperative Agreements. They differ in the following way: In a Grant, substantial involvement is not expected between the agency and the recipient. In Cooperative Agreement, substantial involvement is expected between the agency and the recipient. Cooperative Agreements, then, are particularly useful in the research arena when the Government is interested in being involved in program decisions or may be doing some testing or research themselves. You are the Contracting Officer on a new Research and Development program. Proposals were recently received in response to a Broad Agency Announcement, and a Cost Plus Fixed Fee contract type is anticipated. The proposal most favored by the technical team was priced significantly under what was estimated for the effort. The contractor proposed fee in an amount that equates to 20% of the estimated cost. The users have more than enough funds to cover the proposal and want you to accept the price as Is it permissible to have a non-Government employee (A&AS contractor) as chief of the technical evaluation team and a voting member of the source selection board? correct answerIt is not permissible to have a non-Government employee as a voting member of any source selection board. FAR 7.503(c) (12)(ii). FAR policy states that contracts shall not be used for the performance of inherently governmental functions. OMB may review Agency decisions to determine whether a function is or is not an inherently governmental function, but a list of examples is in FAR 7.503(c). They include: control of criminal investigations or prosecutions, command of military forces, determination of agency policy and application of regulations, determining budget priorities, and direction and control of federal employees. Specifically, included in this list are determining what supplies or services shall be acquired by the Government on a prime contract and being a voting member of any source selection boards You have a contract for engineering services with a basic period of performance and several one year options for continued performance. The contract states that all options must be exercised by 1 October of each year. The basic period of performance has just expired and on 5 October you realize that you never exercised the option for continued performance. There is still an immediate need for the services. How would you try to rectify this situation? correct answerOnce the option has expired there is no contract. You may have to prepare a J&A (depending on your original authorizations) and enter into a bilateral agreement with the contractor to obtain continued performance by the same contractor. The contractor is entitled to renegotiate the price. The end of the fiscal year 10 is coming up and you get a phone call from HQ telling you that several million dollars just became available - they don't want the money to go to waste and want to give it to you to support your requirements. Your Program Director urges you to use the money to buy spare parts for his aircraft which have been operating 24/7 since "the war" began. The Program Director has estimated the funds will by enough replenishment spares for the remainder of the war. Do you have any concerns? correct answerYou have two major concerns. First, you have to ask HQ the color of money and year of the funds they want to send you. Do not assume that they are sending you FY10 O&M funds. If they are sending you FY10 O&M funds you can use the funds for "operations and maintenance' but you will have to obligate the money before the end of the fiscal year closes out. Once you have determined the kind and year of money, you can address the Program Director's request. Since the Program Director is asking you to buy replenishment spares, you can use the money to buy these spares assuming the Program Director can show you a bona fide need for the spares. This means you can buy sufficient spares for a current need (which includes a reasonable inventory) but you cannot stockpile. Even if the contractor cannot deliver the spares in FY10, you still have a bona fide need of FY10 if the contractor can deliver the spares in a "reasonable" time. Here the Program Director appears to want you to buy spares sufficient to satisfy his needs for the entire war, a sure indication of his intent to stockpile. You will have to go back to the program director to find out the spares he can actually put on an aircraft right now plus find out what a reasonable inventory is for his program. You cannot use current O&M funds to satisfy a "future" need since that violates the bona fide needs rule. Please define a Certificate of Current Cost or Pricing Data and its purpose. What are some of the key things you would expect to see or review before accepting the certificate? There are several exceptions to obtaining a Certificate - please list some of them. correct answerThe definition is as follows: A Certificate of Current Cost or Pricing Data certifies that to the best of the company's knowledge, the cost or pricing data submitted were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price. The purpose is to have the company commit as to the accuracy, completeness, and currency of submitted data. If the data is later found to be incorrect or appropriate data was not submitted, the government reserves the right to a downward contract price adjustment for any monetary damages incurred. Key things we would expect to see or review in a Certificate are: The certificate is in the format shown in FAR 15.406-2 Current as of the date of agreement on price or an earlier agreed upon date Signed by an authorized representative of the company and dated as close as practicable to the date when price negotiations were concluded Check for qualifications or new information disclosed by the sweep and evaluate its impact on the negotiated price Exceptions: Adequate Price Competition Prices set by law or regulation Commercial Item Waiver has been granted Mod to a contract/subcontract for commercial items What is the requirement for obligating funds when awarding indefinite-quantity contracts? correct answer(1) For indefinite-delivery indefinite-quantity (IDIQ) contracts all supplies and services to be furnished shall be obtained via delivery orders(s) or task order(s) issued by individuals designated in the contract. (2) Upon execution of the contract, an obligation shall be recorded based upon the issuance of a delivery or task order for the cost/price of the minimum quantity specified. Obtaining a certification of availability of funding from the finance office does not satisfy the requirement to record an obligation in the official accounting records of the Government for the minimum order amount established by the award of an IDIQ contract. The Government's actual obligation must be recorded at the time of contract award. Recording and subsequently reporting the required obligation using anything other than a delivery or task order will result in the action not being reported in FPDS-NG. the Recording of Obligations Act is implemented in the DoD Financial Management Regulation (FMR) (DoD 7000.14-R - see paragraph 080504 of the FMR). The Defense Finance and Accounting Service (DFAS) is responsible for recording contractual obligations. In regards to the availability and life cycle of funds, explain the meaning of the terms "current", "expired" and "cancelled". For what purposes can each of the three phases of funds be used? How many years does the current status last for construction (3300) funds, procurement (3010) funds, for R&D (3600) funds, and for O&M (3400) funds? correct answerCurrent - The funds are available for obligation. This stage is primarily for obligating or placing funds on contract for a specific purpose. The "current" phase lasts five years for construction (3300) funds, three years for procurement (3010) funds, two years for R&D (3600) funds, and one year for O&M (3400) funds. Expired - The funds are not available for obligation but may be used for liquidation of previously incurred obligations or certain adjustments to these obligations. They may be used to pay existing, unpaid bills on the contract. Funding in this phase remains available for 5 years from the year the appropriation expires, regardless of the appropriation type. No obligations for new requirements can be incurred against expired funds during this phase. Cancelled - The funds are no longer available and cease to exist for any purpose. Under PL 101-510 any use of cancelled funds is prohibited and results in a violation of the Anti-Deficiency Act. This includes incurring any new obligation or payment against a previous obligation. Obligations or adjustments that would otherwise be chargeable to these years must be charged to current funds. You are the Contracting Officer negotiating a multi-million dollar, non-classified, research effort, on a tight schedule, with a large business as a prime. Near the end of negotiations, the prospective contractor advises you that one of its subcontractors, a university whose unique capabilities render it a major player in the effort, refuses to accept the DFARS clause 252.204-7000, Disclosure of Information. You want to include this clause, which typically goes in solicitations and contracts when the contractor will have access to or generate unclassified information that may be sensitive or inappropriate for release to the ANSWER: No. See first answer. In a Fixed Price Incentive Firm (FPIF) contract type, one of the most important elements is the Point of Total Assumption (PTA). Please explain what the PTA is. Bonus points: Can you tell us the formula for the PTA? correct answerThe PTA is A cost value The point where the contractor will now pay all overrun costs The contract in effect becomes a Firm Fixed Price (share ratio of 0/100) First time the sum of the cost dollars and the profit dollars equal the ceiling price All costs expended beyond the PTA are taken directly out of profit by the contractor The PTA can be developed by three methods: Visual estimate from a graph; Cost element grass-roots build-up to determine most probably cost overrun; formula The PTA formula is [(Ceiling Price-Target Price)/Government Share] + Target Cost You are negotiating a Firm Fixed Price contract type with Performance Based Payments (PBPs). During the negotiation of the PBPs your team discovers that the expenditure profile in the PBPs has significantly more effort occurring earlier in the period of performance than what is included in the priced proposal. What is your analysis of this situation? correct answerThe expenditure profile in the PBPs and in the proposal must match in order to be fair to the contractor and the government. In this situation the contractor wants money earlier using PBPs than what is in the proposal and the proposal is pricing the effort later in the period of performance where the rates will be higher. This scenario could lead to advance payments, which is inconsistent with the intent of PBPs as a financing method. One of your Program Managers calls you to tell you that she has just been allocated an additional $10M of FY10 3600 funds. She is very excited because she has a project that she really wants to begin and these funds will allow her to start. She tells you that the project will span 5 years and probably cost close to $100M when it is finally completed. She anticipates receiving additional project funding for the next 3 years but isn't sure how she will cover the costs of years 4 and 5. She mentions that she may be able to dip into a procurement (or production) funds account in years 4 and 5 to pay for project completion. She proposes that you two meet soon to discuss the acquisition strategy for this effort. What considerations would you as the Contracting Officer discuss with the PM? correct answerThe first consideration is propriety of funds. RDT&E/3600 funds are used for research, development, test and evaluation efforts. Procurement (or production) funds are used for the acquisition of items that are already developed. From the information provided it doesn't sound like procurement funds would be appropriate to complete the project in years 4 and 5, so you need to clarify the nature of the requirement. The second consideration is the lack of budget for years 4 and 5. If the funding profile indicates budget for only the first 3 years, you could not award all five years, but you may be able to set up options for the last two years. You are a Contracting Officer on a research and development program for non-commercial technologies required for the next generation turbine engine. You receive a proposal from a potential offeror that included the delivery of technical data that: 1) had been developed by the offeror with their funding; 2) was to be developed under the proposed research and development effort with mixed funding (USAF and company funding). How would you approach this issue? correct answer1. DOD Policy is to acquire only technical data and rights in that data necessary to satisfy agency needs. 2. To the extent possible - solicitation/announcement should specify the technical data to be delivered under the contract with delivery schedule and criteria for determining acceptability of technical data. Also, require offerors to identify (to the extent practicable) the technical data to be furnished with restrictions on Government's rights. 3. Contracting Officers shall work closely with requirements personnel to assure that the required technical data to be delivered is that which meets the Government's minimum needs. 4. Contracting Officers should consider the source of the development funds for technical data as a significant consideration in determining what rights the Government should attempt to obtain. 5. For technical data that was developed totally at private expense the Contracting Officer should (in most cases) obtain Limited Rights which allows the Government to only use, release, or disclose the technical data within the Government without obtaining the permission of the contractor asserting the restriction. 6. For technical data that is to be developed with mixed private and Government funding, the Contracting Officer should obtain Government purpose rights. During the period of Government purpose rights (the period of Government purpose rights is negotiable) the Government may not use, or authorize other persons to use, the Government purpose rights technical data, for commercial purposes. The Government may release the technical data to Government contractors for use in the performance under a Government contract, provided the recipient has entered into a non-disclosure agreement with the contractor who developed the data. 7. Contracting Officers should negotiate specifically negotiated license rights in technical data when the Government and the Contractor agree to modify the standard license rights granted to the Government or when the Government wants to obtain rights in technical data in which it does not have rights. There are seven specific statutory exceptions to the Competition in Contracting Act (CICA) that allow a CO to award a contract using other than full and open competition. correct answerSeven Exceptions to Full and Open Competition FAR 6.302-1 - One Responsible Source; No other Will Satisfy Requirements: When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by unique supplies or services available from only one source or a limited number of sources, or from only one or a limited number of suppliers with unique capabilities; it shall not be used when any of the other circumstances are applicable. FAR 6.302-2 - Unusual and Compelling Urgency; An unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government. FAR 6.302-3 - Industrial Mobilization; Engineering, Development, or Research Capability; or Expert Services; When it is necessary to keep vital facilities or suppliers in business, train selected supplier, maintain properly balanced sources of supply, create or maintain the required domestic capability for production of critical supplies, continue critical supplies in production when there would otherwise be a break in production, to provide for an adequate industrial mobilization base. FAR 6.302-4 - International Agreement; When a contemplated acquisition is to be reimbursed by a foreign country using LOA directing source; or for services to be performed, or supplies to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. FAR 6.302-5 - Authorized or Required by Statute; When statutes expressly authorize or require that acquisition be made from a specified source or through another agency. FAR 6.302-6 - National Security; When disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements). FAR 6.302-7 - Public Interest; When the agency head determines that it is not in the public interest in the particular acquisition concerned; may be used when none of the other authorities in 6.302 apply. negotiation is taking and has asked you about the possibility of offering the contractor a 50/50 split of the present positions. What would you tell the Program Manager? correct answerUnless the differences are small, the Government should never offer a 50/50 split with the contractor for the following reasons: 1. If the contractor says "No", which is very likely with this magnitude of difference, the Government Negotiation Team has nowhere to go 2. The credibility of the Negotiation Team is now gone since it is now obvious that only Government management can settle the acquisition 3. A move of this sort allows little additional room for management to adjust (in this case only $500K) 4. If you reserve the right to go back to your previous position if the split is not accepted you would be in the same situation as telling the jury to ignore the previous statement. In other words, the contractor now knows you can go at least to the split position and they will now negotiate with this knowledge. You have a commercial item acquisition for which you are the Contracting Officer. The Program Manager comes to your office and asks you to explain how a commercial item is supported for reasonableness. You tell the PM that FAR has an order of preference that involves three steps. Please explain what these three steps are and provide examples for each step. correct answerStep 1. Determine if information is available within the government. Examples - Prices from other government contracts, ASC/PKF historical information, government independent cost estimates, historical data from other government services or agencies, records within DCAA and DCMA. Step 2. Determine if information is available from sources other than the offeror. Examples - Market Research, published market prices, published price lists from both the offeror and other vendors, information from other vendors. Step 3. Obtain information from the offeror. Examples - Prices at which the same or similar items have previously been sold in the commercial marketplace (sales data), catalogs, market priced items (market quotes from the vendor), cost or pricing data from the vendor that will not be certified. You are the Contracting Officer in Source Selection and dutifully following the FAR and DFARS, etc. on a particular issue. However, your higher leadership is now giving you "direction" which you believe is contrary to your legal guidance. What do you do? Do you comply with the legal guidance or the higher direction of leadership? correct answerFirst check whether the particular legal guidance is mandatory or advisory. Check out how much discretion you have. It may be that you were being too strict or literal and what is being directed is within your discretion. Once you determine the legal parameters, if there is still a conflict, discuss it with your supervisor, and possibly others in the chain of command in resolving the issue with higher leadership. The point is you do not have to "go it alone". Worse case scenario, if all this fails, remember that it is your warrant on the line. It is your obligation to ensure the integrity of the procurement system, and if that means that you won't sign off on something, then that may be the answer. As the Contracting Officer, you were involved in a source selection for the overhaul and maintenance (which includes painting) of the C-130 fleet. The effort was competed among the incumbent ALC and several commercial repair facilities. A contractor won the competition and you issued a Requirements Contract, with FAR clause 52.216-21, for a performance period of one year. The contract also includes a three-year option. Prior to award, a Pre-Award Survey was performed by DCMA. DCMA verified that the contractor had the capability, quality control, and adequate capacity. However, after the first few units were painted, despite passing quality inspections, your Program Manager was unsatisfied with the quality of the paint jobs. He tells you that the contractor's paint job doesn't compare to the quality work of the ALC. Subsequently, your Program Manager directs the next few C-130s be delivered to the ALC for painting, where they still paint other aircraft. What would you advise the Program Manager? correct answerSince it is very early in the performance period, the contractual limits have not likely been met. No other condition justifies exception, per the Requirements clause (FAR 52.216-21) in the contract. Therefore, The Program Manager will violate the conditions of the Requirements Clause by redirecting any work away from the contractor. The successful bidder's proposal was based on receiving all estimated work; subsequently, the Program Manager risks legal action (a claim) from the successful contractor. One point you might bring up is that the contract term is only for one year. If the PM is unhappy with the "quality" of the contractor's performance, even though the work complies with the contract, he should review the contractual requirements and determine if the quality should be upgraded on a later procurement. Perhaps, a higher quality requirement will result in less frequent paint jobs, thereby saving money. On the other hand, perhaps the higher quality is not necessary and not worth a premium to simply make the aircraft look better. In any event, the PM is obligated to send all work to the successful contractor for one year, up to the estimated amount, unless some authorized exception exists, like an urgency that the contractor in unable to perform. By the way, the Program Manager might be tempted to use the options as award-term incentives and convince the contractor to increase the "quality" of the work above the requirements. This could result in higher costs to the government. Also, changing the quality terms in the contract ex post facto may tempt the losing competitors to "protest." Before the Program Manager made any further moves, I would advise a meeting with legal counsel. What are performance-based payments? When are they applicable? What are the advantages/disadvantages of performance-based payments? PBP are payments made based on the negotiated payment schedule in the contract. The schedule includes quantifiable events or milestones, definitions for completion of performance, and associated payment amounts. Applicable to non-commercial, definitized, fixed priced contracts. Must be agreed upon by both Ad - improved cash flow for contractor, less administratively burdensome for both Dis - little cash flow until payment received, more work upfront, correct answerPerformance-based payments (PBP) are the preferred financing method for definitized negotiated fixed price contracts when the CO and contractor are able to agree on PBP terms. The payments are made for performance measured by quantifiable methods or accomplishment of defined events; they are not payments for accepted items. The contract must include a complete, fully defined schedule of events or performance criteria, definitions of successful completion of events or performance criteria, and associated payments amounts. Payments may be established on a CLIN or total contract basis, and may be based on severable or cumulative events/criteria. Payments may not exceed 90 percent of the price of the associated CLIN or contract. The events or performance criteria should be integral, necessary parts of contract performance and may not include events such as contract award or option exercise. PBP amounts must be commensurate with the value of the events or performance criteria and cannot result in a negative or unreasonably low investment on the part of the contractor. Applicable to negotiated fixed price contracts not for commercial items. Applicable only to definitized contracts, and not available for use with any other method of contract financing. Both contractor and government must agree on use of PBP and payment terms. Advantages: Contractor can achieve better cash flow than with progress payments (up to 90% of price vs progress payment percentage of costs) Less burdensome to administer than progress payments, both for contractor and government (contractor prepares vouchers based on PBP schedule amounts vs tracking actual costs incurred; payment only made if contractor performs - no need to take action to suspend payment for lack of performance; no need to verify "progress" before payment) 4) A Small Business Specialist must be given an opportunity to review and comment on all Acquisition Plans and Single Acquisition Management Plans (SAMPs). ASC/BC is a required signature on the coordination page of the plans. 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. correct answer: 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. In other words, capable of performing the work as required. To be considered RESPONSIVE, a contractor's bid must comply in all material respects with the invitation for bids. Such compliance enables bidders to stand on equal footing and maintain the integrity of the sealed bidding system. Bids should be filled out, executed, and submitted in accordance with the instructions in the invitation (timeliness is a factor). Any bid that does not conform to the requirements, specifications, or delivery schedule will be rejected. In a source selection, the SSA determination of the overall value of each proposal is judged against the source selection evaluation criteria and responsiveness to the government's business, contractual and technical requirements. In general, responsiveness deals with the question of whether the contractor has promised to do exactly what the government has requested. Responsibility deals with the question of whether the contractor can or will perform as he has promised. You have just received a request for equitable adjustment from your contractor. What do you do? correct answerFirst you should notify your attorney that you have received an REA. Then, you will need to determine whether the contractor's request has any merit. If you determine that the request has merit, you may attempt to negotiate a settlement with the contractor, involving your attorney as you deem necessary. If negotiating with the contractor is difficult, and the involvement of your program counsel has not helped, you may refer the case to legal for formal ADR. Formal ADR can be accomplished either before or after the issuance of a final decision. If you determine that the REA is without merit, you may still attempt to discuss the issues with the contractor prior to issuing a CO's final decision. Once a stalemate has occurred and the claim can't be resolved at the CO level, a final decision is issued and an appeal is processed. What is a CO, what is the authority given to a CO, and what are the responsibilities of a CO? What is the limit of the CO? correct answerA CO is an agent of the Government that safeguards the Government's interests. A CO has actual authority to enter into, administer, or terminate contracts, and make related determinations and findings only to the extent of the authority delegated to them. Responsibilities: A CO is responsible for performance of all necessary contract actions, ensuring compliance with terms and conditions, safeguarding Government interest in contractual relationships, ensuring all requirements of law, Executive Orders, and Regulations are met, ensuring sufficient money is available, ensuring contractors receive impartial, fair, and equitable treatment, and consider the advice of specialists. You are the CO on a program where the contractor is a Small Business and new to government business. They call you up one day very concerned about what they heard from one of their business consultants. The consultant mentioned the Government is not bound by apparent authority and anyone entering into an arrangement with the Government takes the risk that the person they are dealing with stays within the bounds of their authority. First, is this true or is the Government bound by apparent authority? What can you do to help relieve the contractor's concerns? correct answerFAR 1.602-1 Authority. (a) CO's have authority to enter into, administer, or terminate contracts and make related determinations and findings. CO's may bind the Government only to the extent of the authority delegated to them. Apparent Authority: It is well-settled in Government contracting that apparent authority will never bind the Government. Apparent authority is, in effect, an application off the doctrine of estoppels in which a "representation" is made by creating the appearance that a person has certain authority that he or she does not actually have. Although a firm in the commercial marketplace may be bound when other parties reasonably rely on the appearance that its agent has authority to take certain action, the Government will not be bound unless its agent has actual (not merely apparent) authority to take the action. What are the differences between apparent, implied and express authority? correct answerActual authority is specifically set forth orally or in writing (e.g., warrant, FAR). Implied authority is authority reasonable necessary to carry out the express grant of authority. It may be inferred from custom, conduct, writings such as rules/regulations. Implied authority exists in an individual by virtue of duties. QA inspector authorized to reject work has implied authority to change work through improper rejection. An example of apparent authority is a PCO that lacks actual authority, but the PCO's conduct allows a third party to believe they have authority. However if the government puts the PCO in a position of responsibility, the government is estopped to deny the PCO's authority. Elements of estoppel: 1) Government is aware of the true facts, 2) contractor is unaware of the true facts; 3) the government intends for the contractor to rely on the government conduct; and 4) the contractor relies to its injury. PCO DUTIES INCLUDE THE FOLLOWING: correct answera. Assist in Formulating Acquisition Strategy/Formal notification to industry of the proposed Acquisition b. Releasing of a draft Request for Proposal for industry comment c. Conducting a pre-solicitation conference are the ramifications of this notification and what actions would you take? correct answerIDENTIFY POSSIBLE RATIFICATION (Ratification Processing Procedures) 1) Conduct CO Investigation 2) write determination (within 30 days) 3) would the CO mod the contract (scope determination) 4) Legal Opinion 5) Were funds available 6) Ratification on Mod 7) Thresholds for Ratification approval is <30K by COCO; if >$30K by SCCO or HCA The ITARs applies to a contract you just awarded. The contract contains the Export-Controlled Data Restrictions clause. Your contractor requires approval for one of its personnel, a non-US citizen, to work on your program. What actions are necessary? correct answerDetermine if the non-US citizen is a permanent resident (green card holder - admitted lawfully into the US for permanent residence). If so, the individual is considered to have the same rights as a US citizen as far as Export-Controlled Data is concerned, and no approval is required. If the individual is not a permanent resident, they are considered to be a foreign national, and are not allowed to have access to any Export-Controlled Data. The contractor must submit a description of the work to be performed by the FN, and a determination must be made as to whether or not this proposed work is export-controlled. The determination may be made by the PM or the FDO. If the proposed work is not E-Controlled, you may approve the use of the FN on the contract on the condition that the individual work only on those non-sensitive tasks. Another solution is to modify the contract to segregate the work into sensitive and non-sensitive areas, and let the contractor make the determination as to whether the proposed work is sensitive. Your mission partner is new to contracting policies and procedures and asks to explain a "D&F" correct answerA prerequisite to taking certain contracting actions. The "determination" is a conclusion or decision supported by the "findings". - Findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. - Class D&F - authority for a class of contract actions - will have an expiration date WHy does the government synopsize it's solicitations? correct answerSynopsis of Proposed Contract Actions (Purpose) 1) improve SB access to acquisition information 2) enhance competition by identifying contracting and subcontracting opportunities Over $25K - must synopsize in GPE (FBO) $15K to $25K - display in public place or any electronic means. Post for at least 10 days Are there Synopsis Exceptions? correct answerFound in FAR 5.202 1. National security would be compromised 2. Compelling urgency would cause the Government to be seriously injured if the agency complied with the time periods specified 3. A foreign government is reimbursing the agency for the cost of the acquisition; or an international agreement or treaty between the U.S. and a foreign government/international organization has the effect of requiring that the acquisition shall be from specified sources. 4. The contract action is expressly authorized or required by statute 5. The contract action is for utility services (other than telecommunications) and only one source is available 6. The contract action is an order under an indefinite delivery contract 7. The action results from acceptance of a proposal under the Small Business Innovation Development Act of 1982 8. The proposed contract action results from the acceptance of an unsolicited research proposal that demonstrates a unique and innovative concept and any notice would improperly disclose the originality of the proposed research or proprietary information. 9. The proposed contract action is made for perishable supplies and advanced notice is not reasonable 10. The proposed contract action is made under conditions described in 6.302-3, or 6.302-5 with regard to brand name commercial items for authorized resale, or 6.302-7, and advance notice is not appropriate or reasonable 11. The proposed contract action is made under the terms of an existing contract that was previously synopsized 12. The proposed contract action will be made and performed outside the U.S. and only local sources will be solicited. 13. The proposed contract action will not exceed the simplified acquisition threshold, will be made through a means that provides access to the notice through GPE, and permits the public to respond to the solicitation electronically 14. The proposed contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in any current or anticipated litigation or dispute. Publicizing and Response Time: correct answer1. The CO must provide access to pre-solicitation notices through the GPE and must synopsize a proposed contract action before issuing any resulting solicitation. 2. The notice of contract action must be published at least 15 days before issuance of a solicitation. Except, for acquisition of commercial items, the CO may: - establish a shorter period for issuance of the solicitation - use the combined synopsis and solicitation procedure 3. The CO must establish a solicitation response time that will afford potential offerors a reasonable opportunity to respond depending on the circumstances of the individual acquisition such as complexity, commerciality, availability and urgency. 4. Except for the acquisition of commercial items, agencies shall allow at least a 30 day response time for receipt of bids/proposals from the date of issuance of a solicitation if the acquisition is over SAT. 5. Agencies must allow at least a 45 day response time for receipt of bids/proposals from the date of publication of the notice for proposed contract actions categorized as research and development if the proposed contract action 1279 REPORTS-DFARS 205.303 correct answerThe threshold for DoD awards is $6.5 million. Report all contractual actions, including modifications, that have a face value, excluding unexercised options, of more than $6.5 million. Describe some techniques for conducting market research? correct answer1. Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. 2. Reviewing the results of recent market research undertaken to meet similar or identical requirements. 3. Publishing formal requests for information in appropriate technical or scientific journals or business publications. 4. Querying the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies and other Government and commercial databases that provide information relevant to agency acquisitions. 5. Participating in interactive, on-line communication among industry, acquisition personnel, and customers. 6. Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources. 7. Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line. 8. Conducting interchange meetings or holding pre-solicitation conferences to involve potential offerors early in the acquisition process. 7 Steps to PBSA correct answer7 Steps to PBSA 1) Form a team 2) identify the problem 3) examine the market 4) develop PWS 5) determine how to measure 6) select the KTR 7) Manage the Performance You are the CO on a new competitive program that is preparing for the System Development and Demo phase, and you are very close too issuing the RFP. The Col who is the PM comes up to you and says that the General at the user's requirements office has asked that a few significant last minute requirements be put into the RFP, and he wants to know what your thoughts are. What do you tell the PM? correct answerSince it is difficult for a Col to say "no" to the Gen...explain the situation in the following manner. The PM should tell the Gen that there will most likely be a cost, schedule, and/or performance impact from adding the new requirement. It may be as simple as a delay in contract award, or it could be more complex than that. The Col has an obligation to tell the Gen that he/she will obtain all the info needed for the Gen to make an informed decision. The PM should also ask the Gen if the new requirements can be inserted at a planned future date, perhaps along with other new or changed requirements. The new/changed rqrmts could be added at a later date as a planned "block" or separate increment of capability in a planned, organized, and less disruptive manner after the current contract is in performance. You are working on a competitive RFP and are nearing completion of Sections L, containing information and instructions for offerors, and Section M, containing evaluation factors for award. You have just completed a cross-check of Sections L and M to make sure that there is correlation between the contents of the two sections and are satisfied that there is 100% correlation. Your PM comes into your office all excited and tells you that this new information requires is not related to any other information requested from the offerors in Sec L. You also know from your work on the RFP that there is no corresponding evaluation criterion in Sec M for this information. You ask him why he wants to include the request in the RFP, and he states that this is important information that he absolutely has to obtain for the success of the program.. What do you tell the PM? correct answerIt is critical that the information requested in Sec L be held to an absolute minimum, and then be requested only to the extent that the information will be relevant to the evaluation criteria in Sec M. A sure protest loser is where information is received in a proposal, is not relevant to an evaluation criterion, and is considered in the final source selection decision. This situation is called an "undisclosed evaluation criterion" by the GAO. IF the information is so critical to the success of the program, then why isn't there a corresponding evaluation criterion in Sec M that will consider the information in making the final source selection decision? What is included in a Source Selection Plan (SSP)? correct answer1) A brief description of the requirement, including reference to any applicable guidance such as a Program Management Directive (PMD) 2) A summary of the acquisition strategy, including when applicable, type of contract anticipated, incentives contemplated, milestone demonstrations intended, special contract clauses, performance metrics 3) Source Selection team. Recommended members and advisors by name, position title, company affiliation or by functional area. Identify other Government organizations that will participate in the source selection. 4) Pre-solicitation activities. Describe the activities leading up to the release of the solicitation such as market research, draft solicitations, and synopsis. 5) Evaluation factors and sub factors. Describe the evaluation factors and sub factors and their relative order of importance by attaching the relevant portions of the instructions to offerors and evaluation criteria (Section L&M). Describe the evaluation process. 6) Schedule of events. 7) Address the use of non-government personnel. 8) Identify and explain requested or approved deviations and delegations. Your PM is thinking about doing a risk workshop with the ACE for the program you are both working on. He asks you how a risk workshop would benefit the program and what impact it would have on the program's acquisition strategy. What would you say to the PM? correct answerRisk management is the preferred method in the DoD for dealing with events that could impact the PM's ability to successfully execute the program and is the expectation of most senior acquisition decision makers when reviewing acquisition strategies. High and many moderate risks that are identified in a risk workshop should have handling or mitigation strategies, such as contract clauses, that become part of the acquisition strategy. Currently there is a non-Government contractor employee who is working in a unique technical area. A new source selection is planned and the technical director would like to make this contractor employee chief of the technical evaluation team. As such, this employee would be a voting member of the source selection board. Is it permissible to have a non-Government contractor employee as chief of the technical evaluation team and a voting member of the source selection board? correct answerIt is not permissible to have a non-Government employee as a voting member of any source selection board. FAR policy states that contracts shall not be used for the performance of inherently governmental functions. Inherently governmental functions include: control of criminal investigations or prosecutions, command of military forces, determination of agency policy and application of regulations, determining budget priorities, and direction and control of federal employees, among other. (The list is not all inclusive!) You are in a source selection and according to the RFP the offerors are to submit a paper copy and an electronic version of their offer. One offeror submits both versions, on time, one hour before closing time for receipt of proposals. However, the next day, when the electronic version is loaded to begin evaluations, it is found to be defective and cannot be read. What do you do and why? correct answerAuthority: FAR 15.207(c) some are for post award debriefs. What are the things you may/may not tell the offerors in the debriefings? correct answerAuthority: FAR 15.505 / FAR 15.506 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). For a Post-Award (1) The Government's evaluation of the significant weaknesses or deficiencies in the offeror's proposal, if applicable; (2) The overall evaluated cost or price (including unit prices), and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror; (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection; (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed. The debriefing shall not include point-by-point comparisons of the debriefed offeror's proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552) including - (1) Trade secrets; (2) Privileged or confidential manufacturing processes and techniques; (3) Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and (4) The names of individuals providing reference information about an offeror's past performance What is difference between price and cost analysis? correct answerPrice analysis - involves overall evaluation of total price and is required for all acquisitions. Based essentially on data that is obtained from sources other than the prospective KTR. 2. Cost Analysis - involves an evaluation of each cost element to include profit/fee. WHEN IS COST OR PRICING DATA REQUIRED? (TINA EXCEPTIONS) correct answerRequired for contract actions >$700k if one of the following exceptions does not apply ◦ Adequate price competition ◦ Price set by law or regulation - very, very RARE!! (i.e. prices set by local/regional Government utilities) ◦ TINA Waiver ◦ Modification to commercial contract or subcontract ◦ Commercial For modifications, threshold determined by adding value for increases and decreases ◦ Ex: $200k modification based on increases of $450k and decreases of $250k requires cost or pricing data ($450k+$250k=$700k) Defective Pricing correct answerOccurs when contractor fails to provide current, accurate, and complete data as of the conclusion of negotiations and failure results in an increase in price Not same as fraud Usually found by DCAA during post-award audit TINA provides basis to make downward contract adjustment and interest is collected on principal ASC/PKFB is focal point What would you do as PCO to minimize the chances of defective pricing in a major negotiation? correct answer1. Obtain DCAA audits prior to completion of negotiation s 2. Audit the work in process 3. Pressure the KTR to correct deficiencies cited in the audit 4. Have KTR evaluate subcontract proposals properly You are the CO on a Commercial Services contract estimated to be $100M. Your PM calls a meeting with all the functional leads to discuss the acquisition strategy. During the meeting, the PM inquires what types of incentives are available to ensure that the contractor meets the minimum contractual requirements given the high visibility of the program. How would you respond? correct answerI would point out first that contractual incentives must only apply to performance that exceeds the minimum requirements. If there are no performance objectives (requirements beyond the minimum requirement), a FFP contract should be plenty of incentive to the contractor to perform. If there are areas where we would be able to quantify performance and provide incentive to the contractor for exceeding the minimum contractual requirements, I would look in to another type of arrangement such as an FPIF, FPAF, or FPAT type contract. I would also investigate, during the market research stage, the typical commercial practices for this industry. You are a brand new CO and the first question that the PM asks is the following: What are the four most commonly used contract types and what is the order from the most risky to the government to the least risky? correct answerThe four most common contract types are: CPFF, CPIF, FPIF, and FFP. The riskiest to the government is CPFF followed by CPIF, FPIP and FFP. Describe a situation where a fixed-price type contract may be appropriate in an R&D effort? correct answerWhen levels of effort can be specified in advance, a short-duration fixed-price contract may be useful for developing system design concepts, resolving potential problems, and reducing Government risks. DFARS 235.06 Says no fixed price in development unless: realistic pricing & sensible allocation of program risk between gov't and contractor Previously, the effort was funded with RDT&E funding (3600). As PCO, what issues would you consider before taking action to obligate the procurement funds? correct answerYou cannot pay for RDT&E efforts with Procurement funds. This would be violation of the Anti-Deficiency Act. Bona Fide needs deals with time, purpose and amount. You would be augmenting the RDT&E appropriation with procurement funds. Taking into account the ADA, please advise what you would do. In response to a solicitation you issued, you have received a proposal from the Widget Company to provide 10,999 high-strength plastic widgets. In order to take advantage of a qty price break on high-strength plastic, the Widget Company needs to place an order immediately with their high-strength plastic vendor. The Widget Company Contract Administrator contacts you as the PCO and explains the situation. The Contract Administrator knows that you won't have the money to award the K until 1 Oct. The CA explains that if she can get you to give her a letter stating that K award is imminent; her manager will allow her to order the high-strength plastic at a substantial savings. Would you issue the letter? Why? correct answerNO!!!! IF you issue the letter you are authorizing expenditure in excess of available funds. Describe the Anti-deficiency Act and list some actions that would constitute a violation of it. 1b.What are the potential penalties for a violation of the ADA? correct answer1a. The Anti-deficiency Act means that Government officials have no authority to obligate or spend funds unless the funding is available prior to the obligation occurring. Some of the violations of the ADA include: a. Obligation in excess of available funds. b. Expenditure in excess of available funds. c. Involving the Government in a contract or obligation in advance of appropriations. d. Improper augmentation of appropriations e. Accepting most voluntary services. 1b. Administrative discipline including suspension without pay and removal from job, criminal prosecution (if knowing and willful violation) - up to two years imprisonment and $5,000 fine, and the contract may be declared null and void, although the contractor may still be owed compensation. You are a PCO and a new trainee comes to you seeking advice. She says she just had a conversation with FM who referred to funds categorized by status as either active, expired, or cancelled. She doesn't understand the differences. Can you explain the differences between the 3 status categories? correct answer1. Active - appropriation is available for obligation & disbursement 2. Expired - Appropriations expire for new obligations at the end of the period for which they were appropriated, but are available to adjust and liquidate previous obligations for a 5 year period (available for disbursement, not new obligations). 3. Cancelled - no longer available for any purpose. Expired appropriations are cancelled at the end of the 5th full fiscal year following expiration. On 3 Sep 08 the CO awarded a contract for computer purchases using FY08 O&M (3400) funds. The computers were to be delivered upon completion of a new building expected sometime early in CY 09, but the contractor could have delivered the computers almost immediately upon contract award. Are there any fiscal issues here? correct answerAuthority: 31 USC 1502(a) "Bona Fide Needs Rule" Yes. O&M (3400) funds are for one year. You cannot cross FYs unless there is an exception. This could be considered a violation of the bona fide need rule. The lead-time exception does not apply since the delivery delay is based on the government's request and not the reality of when the contractor could actually deliver the computers. When the contracting officer properly issues a unilateral change under the Changes clause, what responsibility, if any, does the contractor have to continue performance? correct answerAuthority: FAR 43.201(b) The contractor must continue performance of the contract as changed, except that in cost- reimbursement or incrementally funded contracts the contractor is not obligated to continue performance or incur costs beyond the limits established in the Limitation of Cost or Limitation of Funds clause. What additional liabilities does the contractor incur when a fixed-price contract is terminated for default (in lieu of a termination for convenience)? correct answerAuthority: FAR 49.402-2 1. The Government is not liable for the contractor's costs on undelivered work and is entitled to the repayment of any advance and progress payments applicable to that work. 2. The contractor is liable to the Government for any excess costs incurred in acquiring supplies and services similar to those terminated for default. Describe "cure notice" and when you would use one as a CO? correct answerIf a contract is to be terminated for default before delivery date, a "cure notice" is required by the Default clause. Before using this notice, it must be ascertained that the amount of time equal to or greater than the period of "cure" remains in the contract delivery schedule or any extension to it. If the amount of time remaining in the contract delivery schedule is not sufficient to permit a "cure" period of 10 days or more, the Cure Notice should NOT be issued, instead a "Show Cause Notice" may be issued. What is the Bona Fide need rule? correct answerThe bona fide needs rule is one of the fundamental principles of appropriations law: A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some cases arising prior to but continuing to exist in, the fiscal year for which the appropriation was made. You have a requirement for a radio communication system. After some market research your PM thinks there is a commercially available item that the Government could buy and modify in order to meet our minimum requirement. The PM would like to develop a new item to satisfy the Government's requirement, and he knows he has enough money budgeted to pay for a developmental item. First, does the item that the PM found commercially fit the definition of a commercial item? And secondly, can the Government develop the item? correct answerThe item found in the marketplace may very well fit the definition of a commercial item in FAR 2.101. I would first double check the definition of what a commercial item is. Currently, that definition states that an item can be considered commercial if it is "of a type" of item sold in the commercial marketplace, therefore, depending on the extent of the modifications being performed on the item, it could very likely be considered a commercial item, which is something the contracting Officer can determine. Secondly, if the item is determined to fit the definition of a commercial item and satisfies the Government's minimum requirement, the Government cannot develop an item to satisfy the requirement. You are the CO for a $5M acquisition for which the contractor has taken the position that the product is commercial. You must now determine if you agree with this position. What documentation would you need to complete for your contract file and what steps would you take in determining if you agree with the contractor's position of commerciality? correct answerThe document you would need to complete for the contract file is a Commercial Item Determination (CID). There are various ways to proceed when deciding if I agree with the contractor. The best way to start would be to review the definition of a "commercial item" at FAR 2.101(b) to make sure I completely understood what is required for an item to be determined commercial. Next, you would ask the contractor to provide support for its position in the form of prices at which the same or similar items have previously been sold in the commercial marketplace. At the same time, you can be doing research to determine if info is available within the government that may assist and also perform market research to determine if published market prices exist for this item from this contractor or other contractors that may have similar products. to the GAO within how many days? What is to be included in the "Protest File" and when is it accessible? correct answer30 Days the report is due. A protest file shall include an index and as appropriate -- (A) The protest; (B) The offer submitted by the protester; (C) The offer being considered for award or being protested; (D) All relevant evaluation documents; (E) The solicitation, including the specifications or portions relevant to the protest; (F) The abstract of offers or relevant portions; and (G) Any other documents that the agency determines are relevant to the protest, including documents specifically requested by the protester. When a protest is filed with the GAO, and an actual or prospective offeror so requests, the procuring agency shall, in accordance with any applicable protective orders, provide actual or prospective offerors reasonable access to the protest file. The protest file shall be made available to non-intervening actual or prospective offerors within a reasonable time after submittal of an agency report to the GAO. However, if the GAO dismisses the protest before the documents are submitted to the GAO, then no protest file need be made available. Information exempt from disclosure under 5 U.S.C.552 may be redacted from the protest file. What can you change using the unilateral right of the "Changes" clause ? correct answerSUPPLIES (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery SERVICES (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. Of course, if at all possible a mutal or bilateral agreement is recommended. What is a claim? What has to happen in regard to the claim if it is over 100K? correct answerClaims Far 33.206 "Claim" means 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. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under the Contract Disputes Act of 1978 until certified as required by the Act. Note: A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. You are a PCO who has inherited a problem contract. This situation is your contractor is in the 5th year of a 15-year contract and it has now become obvious that the contractor "bought in" with a low price during the source selection. The contractor is currently complaining they are losing millions of dollars and are threatening to walk out of the contract. Your Program Manager comes to you for advice. Given the limited scenario, discuss some of the issues that you would consider in selecting a course of action. What possible courses of action would you consider recommending to your Program Manager? correct answerAuthority: FAR 49.402 Some issues to consider: contract type, government delays or other faults, changes in requirements, delivery schedule, other available sources, and termination options. Possible courses of action: (1) Hold the contractor's feet to the fire and demand performance (2) Alternate Disputes Resolution (3) Negotiate an acceptable "exit" (4) Terminate for Default (5) Establish incentives for meeting performance measures, helping the contractor offset a portion of their losses (6) Renegotiate the contract to satisfy the contractor What are some elements that would warrant using Alternative Dispute Resolution? correct answerThe objective of using ADR procedures is to increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. Essential elements of ADR include -- (1) Existence of an issue in controversy; (2) A voluntary election by both parties to participate in the ADR process; (3) An agreement on alternative procedures and terms to be used in lieu of formal litigation; and (4) Participation in the process by officials of both parties who have the authority to resolve the issue in controversy. Can the KO reject a request for ADR? correct answerYes. If the contracting officer rejects a contractor's request for ADR proceedings, the contracting officer shall provide the contractor a written explanation citing one or more of the conditions in 5 U.S.C. 572(b) or such other specific reasons that ADR procedures are inappropriate for the resolution of the dispute. In any case where a contractor rejects a request of an agency for ADR proceedings, the contractor shall inform the agency in writing of the contractor's specific reasons for rejecting the request. You have been assigned as the Contracting Officer for a new acquisition and the Program Manager approaches you with a draft sole-source J&A and asks for your review and comment. Upon review you note that no mention of Market Research is made and the PM later confirms that none was accomplished as the mission partner wants to use their "usual" contractor; she also tells you that she isn't really sure why any would be necessary or where to begin the research. What should you do? correct answerAuthority: FAR 10.002 You should inform her that Market Research is usually the foundation for sole-source or limited competition and without it (unless one of the other exceptions in 6.302 applies) you cannot process the J&A. You should also ensure that she understands that the Market Research will demonstrate if a commercial item is available, or could be modified, to meet the Government's requirement thereby saving time and money in the development and delivery of the item. You should direct her to FAR Part 10 which provides several avenues of conduction Market Research, some of which are: (1) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.