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DAU Contracting Certification Exam
A contractor failed to deliver a commercial item within the time specified by the contract. As the Government contracting officer, you plan to terminate the contract. What type of termination would you proceed with? - Correct Answer-Termination for Cause Which FAR part sets forth the basic policies and general information about the Federal Acquisition Regulations System? - Correct Answer-FAR part 1 Which of the following statements best conveys the convention at FAR 1.108(b), delegation of authority? - Correct Answer-Each authority is delegable unless specifically stated otherwise How many parts are there in the FAR? - Correct Answer- 53 What is a Procurement Instrument Identifier (PIID)? - Correct Answer-A unique number identifying each solicitation, contract, agreement, or order and related procurement instrument When using invitations for bids (IFBs), what type(s) of contracts can be awarded? - Correct Answer-Only firm-fixed-price contracts or fixed-price contracts with economic price adjustment Which of the following is correct regarding the DFARS Procedures Guidance and Information (PGI)? - Correct Answer-The DFARS PGI is a companion resource to the DFARS Which of the following statements is accurate regarding the Government's policy on contract modifications? - Correct Answer-Only contracting officers acting within the scope of their authority are authorized to execute contract modifications on behalf of the Government Market research is conducted during which phase of acquisition? - Correct Answer-all phases of the acquisition What is the use of a procedure that is inconsistent with the FAR? - Correct Answer- Deviation Simplified Acquisition Procedures (SAP) should: - Correct Answer-Promote competition to the maximum extent practicable
What is the tool (form) used by DoD to apply a structured profit/fee? - Correct Answer- DD Form 1547, Weighted Guidelines Method What type(s) of contracts can be awarded when acquiring commercial items of supply?
- Correct Answer-Only firm-fixed-price contracts or fixed-price contracts with economic price adjustment Which of the following is accurate about unilateral modifications? - Correct Answer-Are only signed by a Government contracting officer, not the contractor Except when authorized otherwise, a Government contract: - Correct Answer-Must be in writing Which is NOT a type of contracting officer? - Correct Answer-Executive Contracting officer With respect to the requirements of law, executive orders, regulations, and all other applicable procedures, prior to signing a contract, a contracting officer must: - Correct Answer-Ensure that all Ensure that each has been met Joan stated that she was working on selecting solicitation provisions. With this in mind, you know the contract: - Correct Answer-Has not been awarded A program manager asked John whether a contract clause is only used in the contract or if it applies to the solicitation as well. John correctly answered by replying with which of the following statements? - Correct Answer-A contract clause is a term or condition used in contracts, or in both solicitations and contracts, that applies after contract award or both before and after award The DoD Procurement Instrument Identifier (PIID) is 13 positions long. Position 9 identifies the type of instrument. If position 9 is a "D", which of the following types of instruments is representative? - Correct Answer-Indefinite-delivery contracts to include IDIQs and requirements contracts You are reviewing a contract that utilizes the uniform contract format. In Section J you see an exhibit. How will the exhibit be displayed? - Correct Answer-With one or two alpha characters (e.g., Exhibit AA) Your customer comes to you anticipating a new requirement, one that has not been purchased recently. You'd like to refer them to the FAR part dealing specifically with market research. Which FAR part do you refer them to? - Correct Answer-FAR part 10 Of the following types of contracts, which shall not be used in Government contracting?
- Correct Answer-Cost-plus-a-percentage-of-cost
Which of the following statements is accurate regarding Acquisition Teams? - Correct Answer-The Acquisition Team includes representatives of the technical, supply, and procurement communities, the customers they serve, and the contractors who provide the products and services. Select the statement that is NOT conducive toward forming a cohesive team. - Correct Answer-The Government should foster an "arm's length" approach for an effective relationship The authority of a contracting officer's representative (COR) shall be: - Correct Answer- Designated in writing, with a copy given to the contractor and contract administration office Which event is meant to aid both the Government and contractor personnel to 1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems after contract award? - Correct Answer-Postaward orientation conference Where in the FAR can you find guidance on how to establish, maintain, and dispose of Government contract files? - Correct Answer-FAR part 4 In a Determination and Findings, the findings are: - Correct Answer-Support for the determination In briefing prenegotiation objectives for approval, contracting officers should ensure their briefing slides are: - Correct Answer-Simple and concise Which of the following is an accounting or financial term when addressing contractual funding issues? - Correct Answer-Fiscal FAR part 1 - Correct Answer-Federal Acquisition Regulations System FAR part 2 - Correct Answer-Definitions of Words and Terms FAR part 3 - Correct Answer-Improper Business Practices and Personal Conflicts of Interest FAR part 4 - Correct Answer-Administrative and Information Matters FAR part 5 - Correct Answer-Publicizing Contract Actions FAR part 6 - Correct Answer-Competition Requirements FAR part 7 - Correct Answer-Acquisition Planning FAR part 8 - Correct Answer-Required Sources of Supplies and Services
FAR part 9 - Correct Answer-contractor qualifications FAR Part 10 - Correct Answer-Market research FAR part 11 - Correct Answer-Describing Agency Needs FAR part 12 - Correct Answer-Acquisition of Commercial Products and Commercial Services FAR part 13 - Correct Answer-Simplified Acquisition Procedures (SAP) FAR part 14 - Correct Answer-Sealed bidding FAR part 15 - Correct Answer-Contracting by Negotiation FAR part 16 - Correct Answer-Types of Contracts FAR part 17 - Correct Answer-Special Contracting Methods FAR part 18 - Correct Answer-Emergency Acquisitions FAR part 19 - Correct Answer-Small business Programs FAR part 22 - Correct Answer-Application of Labor Laws to Government Acquisitions FAR part 23 - Correct Answer-Environment, sustainable acquisition, and material safety FAR part 24 - Correct Answer-Protection of Privacy and Freedom of Information FAR part 25 - Correct Answer-Foreign Acquisition FAR part 26 - Correct Answer-Other Socioeconomic Programs FAR part 27 - Correct Answer-patents, data, and copyrights FAR part 28 - Correct Answer-bonds and insurance FAR part 29 - Correct Answer-taxes FAR part 30 - Correct Answer-cost accounting standards administration FAR part 31 - Correct Answer-contract cost principles and procedures FAR part 32 - Correct Answer-contract financing
FAR parts 12, 13, 14, and 15 detail different approaches for choosing a contracting method and developing an approach for evaluating offers. FAR part 16 is the primary source for information about contract types. How many phases are in the contract lifecycle? - Correct Answer-Three: Pre-award, Award, and Post-award What is the pre-award phase? - Correct Answer-The pre-award phase involves all the work performed by both the buyer (Government or prime contractor) and seller (contractor or subcontractor) in communicating the buyer's requirements and providing a solution to those requirements. Requirement (product or service to be bought) definition, the budgeting/funding process, and acquisition planning typically start before the contracting process. What are two primary activities in pre-award phase? - Correct Answer-1: develop solicitation - the buying activity must assess the need and analyze the requirement as well as make sure that contract outcomes will be measurable and properly incentivized. The buying activity must also verify the availability of funds
- develop offer (done y contractor or sub) What must buying activity do in order to issue solicitation? - Correct Answer-the buying activity must determine the need and means of publicizing the solicitation so that offerors are aware of the potential business opportunity. What is the Award phase - Correct Answer-The award phase involves all the work performed by both the buyer and seller that produces an awarded contract. Some contracts are very simple and others are extremely complex, but the majority fall somewhere in between. How many activities are in the award phase - Correct Answer-one - form contract What is the structures process If during the Award Life Cycle Phase the buyer or seller(s) have a disagreement? - Correct Answer-Protest ( Far part 33) What is the post Award Phase? - Correct Answer-The post-award phase involves all the work performed by both the buyer and seller during contract performance, to include changes to the contract, contract close-out, and sometimes termination of a contract. What else can the post award phase be called? - Correct Answer-Contract administration phase
What are the two primary activities in Post award phase? - Correct Answer-1: Perform contract - both buyer and seller administer contract 2: close contract - the process of verifying all the requirements of the contract are satisfied, settling unresolved matters, and reconciling the contract to make final payment. (Far part 4) Who Develops solicitation? - Correct Answer-The Government and the Buyer Who prepares an offer? - Correct Answer-The contractor or the seller During the post-award phase while the contract is being performed, who has responsibility for quality? - Correct Answer-The seller Openness for the contracting officer applies primarily to? - Correct Answer-The Acquisition Team Contractors Offerors The Contracting Team You need to document a business decision, such as the use of a specific contract type. What document will you create? - Correct Answer-A Determination and Findings At the conclusion of negotiations, the contracting officer will complete a - Correct Answer-Price Negotiation Memorandum Prior to negotiating a sole source contract, the contracting officer must complete a - Correct Answer-Justification and Approval SF 26 - Correct Answer-Used to award negotiated contracts in which signatures of both parties on a single document is appropriate. SF 30 - Amendment of Solicitation/Modication of Contract - Correct Answer-Used to amend any solicitation or modify any contract. SF 33 - Solicitation, Offer, and Award - Correct Answer-May be used to award either negotiated contracts or contracts utilizing sealed bidding SF 44 - Purchase Order-Invoice-Voucher - Correct Answer-Used for simplified acquisitions at or below the micro-purchase threshold, except for purchases under unusual and compelling urgency or in support of contingency operations. SF 1409 - Abstract of Offers - Correct Answer-Prescribed for use in recording bids.
What is a Personal conflict of interest? (PCI) - Correct Answer-A personal conflict of interest is where a contractor employee has some interest that could impair their ability to act impartially and in the best interest of the Government when performing under a contract. (FAR part 3) What is organizational conflict of interest? (OCI) - Correct Answer-An organizational conflict of interest is where a contractor (or potential contractor) is in a situation which by way of contract performance gives them an unfair advantage or will bias their performance in making recommendations to the Government. Contracting officers should review every acquisition, from the early planning stages throughout the life of a contract to identify and manage organizational conflicts of interest. (FAR 9) By maintaining a constant flow of clear communication amongst the acquisition team (including industry), small issues can be addressed, and many times resolved, before they become major problems that could endanger the success of the acquisition. - Correct Answer-True What does FAR 1.102-2(c)(2) Say? - Correct Answer-tells us the contracting system must focus on "risk management" rather than "risk avoidance." The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The contracting system should allow contracting professionals to take independent action based on their professional judgment. The principal customers for the product or service provided by the System are? - Correct Answer-the users and line managers, acting on behalf of the American taxpayer. Engaging in clear communication involves understanding that words have meaning and must be clearly understood by the contracting parties. To that end, FAR 2.101(a) tells us? - Correct Answer-that a word or a term, defined in this section, has the same meaning throughout this regulation (FAR), unless-
- The context in which the word or term is used clearly requires a different meaning; or
- Another FAR part, subpart, or section provides a different definition for the particular part or portion of the part. Explain Determination and Findings - Correct Answer-- The "determination" is a conclusion or decision supported by the "findings.''
- The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. An important definition to understand is "Deviation" (FAR 1.401). A deviation means any one or combination of the following: - Correct Answer--The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that
is inconsistent with the FAR.
- The omission of any solicitation provision or contract clause when its prescription requires its use.
- The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR.
- The use of a solicitation provision or contract clause prescribed by the FAR on a "substantially as follows" or "substantially the same as" basis if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.
- The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR.
- The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with FAR 1.301(a). What needs to be in documenting negotiations? - Correct Answer--The purpose of the negotiation.
- A description of the acquisition, including appropriate identifying numbers (e.g., RFP No.).
- The name, position, and organization of each person representing the contractor and the Government in the negotiation.
- The current status of any contractor systems (e.g., purchasing, estimating, accounting, and compensation) to the extent they affected and were considered in the negotiation.
- If certified cost or pricing data were not required in the case of any price negotiation exceeding the certified cost or pricing data threshold, the exception used and the basis for it.
- If certified cost or pricing data were required, the extent to which the contracting officer- Electronic commerce in contracting? - Correct Answer-When communicating with industry, FAR 4.502 states, in part, that the Contracting Officers shall use electronic commerce whenever practicable or cost-effective. Methods of Disseminating Information? - Correct Answer--For proposed contract actions expected to exceed $25,000, by synopsizing in the Governmentwide Point of Entry (GPE).
- For proposed contract actions expected to exceed $15,000, but not expected to exceed $25,000. by displaying in a public place.
The overarching rule on accepting gifts from contractor/employees is? - Correct Answer-You may not solicit gifts from anyone, for any reason The Anti-Kickback Act of 1986 (now codified at 41 U.S.C. chapter 87, Kickbacks,) was passed to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or a subcontract relating to a prime contract. - Correct Answer-True What does The term "contractor bid or proposal information" mean? - Correct Answer-- cost or pricing data
- indirect costs and direct labor rates
- proprietary information about manufacturing processes, operations, or techniques marked by the contractor
- information marked by the contractor as contractor bid or proposal information Information marked IAW 52.215-1(e) - marked restricted by the contractor Any contractor bid or proposal information delivered to the Government with restrictions on its use, modification, reproduction, release, performance, or display may not be... - Correct Answer-provided to third parties unless the intended recipient completes and signs a Non-Disclosure Agreement (DFARS 227.7103-7). Source Selection Information (FAR 2.101) means any of the following information: - Correct Answer--Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.
- Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.
- Source selection plans
- Technical evaluation plans
- Technical evaluations of proposals
- Cost or price evaluations of proposals
- Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract
- Rankings of bids, proposals, or competitors
- Reports and evaluations of source selection panels, boards, or advisory councils
- Other information marked as "Source Selection Information-See FAR 2.101 and FAR 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. A contracting officer shall not knowingly award a contract to a Government employee or to a business concern or other organization owned or substantially owned or controlled by one or more Government employees (FAR 3.601) - Correct Answer-True Actual OCI - Correct Answer-A contractor has an actual conflict of interest if information has come to light that would cause a reasonable person to question the contractor's
objectivity. The term "actual OCI" is synonymous with the terms "real or apparent OCI." Example: A contractor employee will have access to source selection sensitive information because he is assisting the Agency in evaluating competitive proposals. There are three basic approaches available to contractors and the Agency for dealing with OCI issues, what are they? - Correct Answer-1.avoid 2.nuetralize 3.mitigate Avoid OCI strategy - Correct Answer-Prevent the occurrence of an actual or potential OCI through actions such as excluding sources from competition or eliminating a segment of work from a contract or task. Neutralize OCI strategy - Correct Answer-Negate, through a specific action, potential or actual OCI related to either a contractor's objectivity during contract performance, or an unfair competitive advantage. Specific actions could include encouraging and facilitating support contractor recusal, excluding or severely limiting support contractor participation in source selection activities, and/or otherwise barring access to competition sensitive data Mitigate OCI strategy - Correct Answer-Reduce or alleviate the impact of unavoidable OCIs to an acceptable level of risk so that the government's interests with regard to fair competition and contract performance are not prejudiced. This is facilitated in developing an OCI mitigation plan (DFARS 209.571-4). Can you award to a contractor if you determine there is an OCI? - Correct Answer-yes, FAR 9.504(e) permits award if the Contracting Officer determines that doing so is in the best interest of the United States as well as submitting a waiver request, which is approved by the Head of the Contracting Activity. Contracting officers shall analyze planned acquisitions in order to- - Correct Answer-- Identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible; and
- Avoid, neutralize, or mitigate significant potential conflicts before contract award. Per FAR 3.1002, Government contractors must conduct themselves with the highest degree of integrity and honesty. - Correct Answer-True If an agency official, participating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold, contacts or is contacted by a person who is an offeror in that Federal agency procurement regarding possible non-Federal employment for that official, the official must- - Correct Answer--Promptly report the contact in writing to the official's supervisor and to the agency ethics official
A postaward orientation is not limited to only the above categories of business. IAW FAR 1.102-3, the Acquisition Team consists of participants who will participate in the acquisition process at the appropriate time. Select the appropriate groups to which these participants may belong - Correct Answer-Customer (end-user) technical personnel, contracting personnel, and contractor personnel The purpose of a postaward orientation is - Correct Answer-1. Achieve a clear and mutual understanding of all contract requirements.
- Identify and resolve potential problems. FAR 1.102(a) tells us that the vision for the Federal Acquisition System is to- - Correct Answer-deliver on a timely basis the best value product or service to the customer, while maintaining the public's trust and fulfilling public policy objectives. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility. With regard to understanding product and life cycle principles, FAR 7.101 defines Life- Cycle Cost as - Correct Answer-"the total cost to the Government of acquiring, operating, supporting, and (if applicable) disposing of the items being acquired." The vision of the Federal Acquisition System consists of: - Correct Answer-· Deliver on a timely basis the best-value products and services to the customer. · Maintain the public's trust and fulfill public policy objectives. Contracting Life-cycle costs consist of the following - Correct Answer--acquisition costs
- supporting costs
- disposal costs
- operating costs Actual Authority types - Correct Answer-Actual authority can be either Express Actual Authority or Implied Actual Authority. Express Actual Authority - Correct Answer-is created by explicit language, either in writing or verbal. It should be noted that the spoken word is generally as binding as the written word; however it is sometimes more difficult to prove. Implied Actual Authority - Correct Answer-is usually defined in general terms to include authority to do what is usual, customary and necessary to accomplish the action. Implied actual authority differs from express actual authority in that no express agreement is executed (e.g., when an individual is assigned a task to accomplish but the minor details are not spelled out either verbally or in writing, this is an example of implied actual authority). Apparent Authority - Correct Answer-Apparent authority exists when someone reasonably believes an individual has the authority to act on behalf of the Government,
based on his or her conduct, even though that individual has no actual authority to bind the Government. Delegation of authority. - Correct Answer-FAR Conventions listed at FAR 1.108(b) provides guidance for interpreting the FAR and states that each authority is delegable unless specifically stated otherwise (FAR 1.108(b)). Which authority is legally binding in Government contracting and recognized by the courts? - Correct Answer-Actual authority Each authority is NOT delegable unless specifically stated otherwise. - Correct Answer- False What is a Contract - Correct Answer-FAR 2.101 defines contract as a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. there are four essential elements of a contract. They are: - Correct Answer-Capacity Mutual assent Consideration Lawful purpose Define capacity- - Correct Answer-Capacity refers to the legal competence of a person to enter a valid contract. To be legally bound to a contract, a party must have the capacity to understand and appreciate the terms of the contract Define mutual assent- - Correct Answer-Mutual Assent, also known as a meeting of the minds. Mutual assent means that parties involved in a contract must come to an agreement about the details of the transaction and each party either makes a promise or begins or renders performance. Define consideration - - Correct Answer-Consideration is something of value that a promisor (the offeror) receives from a promisee (the offeree) in return for his or her offer.
- It is the primary reason a party would seek to enter a contract Define lawful purpose - Correct Answer-A contract is unenforceable if any term of the agreement is contrary to public policy market research is then conducted to determine if- - Correct Answer-commercial products/services or non-developmental items Strategic Market research - Correct Answer-Strategic market research is conducted continuously throughout the acquisition process.
Acceptance may take place before delivery, at the time of delivery, or after delivery, depending on the provisions of the terms and conditions of the contract Responsibility for Acceptance - Correct Answer-Acceptance of supplies or services is the responsibility of the Contracting Officer. Place of Acceptance - Correct Answer-Each contract shall specify the place of acceptance. Contracts that provide for Government contract quality assurance at source shall ordinarily provide for acceptance at source. Contracts that provide for Government contract quality assurance at destination shall ordinarily provide for acceptance at destination Certificate of Conformance - Correct Answer-A certificate of conformance (FAR 46.315) may be used in certain instances instead of source inspection (whether the contract calls for acceptance at source or destination) at the discretion of the contracting officer if the following conditions apply:
- Acceptance on the basis of a contractor's certificate of conformance is in the Government's interest.
- Small losses would be incurred in the event of a defect; or
- Because of the contractor's reputation or past performance, it is likely that the supplies or services furnished will be acceptable and any defective work would be replaced, corrected, or repaired without contest. In no case shall the Government's right to inspect supplies under the inspection provisions of the contract be prejudiced. Acceptance constitutes acknowledgment that the supplies or services conform with applicable contract quality and quantity requirements, except as subject to other terms and conditions of the contract. - Correct Answer-True Supplies accepted at a place other than destination shall not be re-inspected at destination for acceptance purposes, but should be examined at destination for quantity, damage in transit, and possible substitution or fraud. - Correct Answer-True Title to supplies shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, - Correct Answer-True Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform the contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. - Correct Answer-true As prescribed in 49.505(b), we include the "Excusable Delay" clause (FAR 52.249-14) in solicitations and contracts for supplies, services, construction, and research and development on a fee basis whenever a cost-reimbursement contract is contemplated. - Correct Answer-true
What can be determined as excusable delays? - Correct Answer--acts of God or of the public enemy
- acts of the Government in either its sovereign or contractual capacity
- fires
- floods
- epidemics
- quarantine restrictions
- strikes
- freight embargoes
- unusually severe weather What are the Extent of contractor obligations in warranties? - Correct Answer-Generally, the contractor's obligations under warranties extend to all defects discovered during the warranty period, but do not include damage caused by the Government If express warranties are included in a contract (except contracts for commercial items), all implied warranties of merchantability and fitness for a particular purpose shall be negated by the use of specific language in the clause - Correct Answer-true Implied warranties. - Correct Answer-The Government's post award rights contained in FAR 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph. Express warranties. - Correct Answer-41 U.S.C.3307(e)(5)(B) requires contracting officers to take advantage of commercial warranties. To the maximum extent practicable, solicitations for commercial items shall require offerors to offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice There are two types of warranties - Correct Answer-Implied Warranties and Express Warranties. When drafting solicitations and contracts, contracting officers must identify for each line item number, subline item number, or exhibit line item number the applicable Prompt Payment clauses that apply to each item when the solicitation or contract contains items that will be subject to different payment terms. - Correct Answer-true A bilateral modification is a contract modification that is signed by the contractor and the contracting officer. A unilateral modification is a contract modification that is signed only by the contracting officer. - Correct Answer-True Bilateral. - Correct Answer-A bilateral modification (supplemental agreement) is a contract modification that is signed by the contractor and the contracting officer Bilateral modifications are used to- - Correct Answer--Make negotiated equitable adjustments resulting from the issuance of a change order;
