6c051 Contracting UREs Volume 3

The correct answer is after receipt of proposals and again prior to contract award. This means that the excluded parties list on the System for Award Management (SAM) is reviewed twice during the procurement process. The first review occurs after the receipt of proposals, which allows the contracting officer to ensure that none of the proposed contractors are on the excluded parties list. The second review takes place prior to contract award, to reconfirm that the selected contractor is still not on the excluded parties list. This process helps to ensure that contracts are not awarded to individuals or entities that are excluded from receiving federal contracts.

When using the lowest price technically acceptable (LPTA) source selection process, past performance is typically evaluated on an acceptable or unacceptable basis. This means that the evaluation is based on whether the past performance meets the minimum acceptable standards set by the buyer. The focus is not on comparing and ranking the past performance of different vendors, but rather on determining if the vendor's past performance is deemed acceptable or not. This approach allows for a more streamlined evaluation process, as it prioritizes the lowest price over other factors such as past performance.

Evaluating past performance is an indicator of an offeror's ability to perform the contract. By reviewing the offeror's track record and previous work, one can assess their level of competence, reliability, and success in completing similar contracts. This information provides valuable insights into the offeror's capabilities and helps in making an informed decision regarding their suitability for the contract.

In negotiations, it is important not to volunteer weaknesses because it can weaken your position and give the other party an advantage. By keeping your weaknesses to yourself, you can maintain leverage and negotiate from a position of strength. Revealing weaknesses immediately or only after agreeing to a final price can put you at a disadvantage and make it harder to negotiate favorable terms. Therefore, it is best to handle weaknesses by not volunteering them.

The correct answer is "debarred." When a contractor is excluded from government contracting for a reasonable, specified period due to a conviction on a criminal offense related to obtaining a public contract, they are debarred. Debarment is a form of punishment or penalty that prohibits the contractor from participating in government contracts for a certain period of time. It is a measure taken to ensure accountability and protect the integrity of the government contracting process.

The Dun and Bradstreet System (D&B) is not used in making a determination of contractor responsibility. The other three systems listed, System for Award Management (SAM), Past Performance Information Retrieval System (PPIRS), and Contractor Performance Assessment Reporting System (CPARS), are all used to assess and evaluate a contractor's past performance and determine their responsibility for future contracts. D&B, on the other hand, is a commercial database that provides credit and business information about companies, but it is not specifically used for contractor responsibility determinations.

If legal proceedings are not initiated within 12 months after the date of a suspension notice, the correct action to take would be to terminate the suspension. This means that the contractor's suspension would end, and they would be allowed to resume their normal activities without any restrictions or penalties. This decision is based on the fact that if legal proceedings have not been initiated within the specified time frame, it is likely that there is no valid reason to continue the suspension.

During a bargaining session, unity is crucial to ensure a cohesive and effective negotiation process. The chief negotiator is the most suitable individual to be designated as the sole speaker because they have the authority and expertise to represent the negotiating team's interests and communicate the team's position effectively. By having a single designated spokesperson, it helps to avoid any confusion or mixed messages that may arise from multiple individuals speaking on behalf of the team. This ensures a focused and unified approach, increasing the chances of achieving favorable outcomes during the bargaining session.

When requirements are solicited using simplified acquisition procedures (SAP), they are typically evaluated based on price alone. This means that the evaluation process solely considers the price proposed by the contractors and does not take into account factors such as past performance, contractor business size, or overall ranking of offers. The focus is primarily on selecting the contractor who offers the best price for the required goods or services.

When the contracting officer decides that a proposal should not be included in the competitive range, the appropriate action is to eliminate it from award consideration and notify the offeror. This means that the proposal will not be further considered for the contract and the offeror will be informed of this decision. This allows the contracting officer to focus on the proposals that are within the competitive range and proceed with the evaluation and selection process.

The cost of doors for the building being constructed is a direct cost because it can be specifically traced back to the construction project. It is directly related to the materials needed for the building and is not an indirect cost that would be shared among multiple projects or overhead expenses.

Payroll insurance is an example of overhead costs because it is an expense that is not directly related to the production or sale of goods or services. Overhead costs are indirect expenses incurred by a business to support its operations, such as administrative expenses, rent, utilities, and insurance. Payroll insurance specifically covers the risk associated with employee compensation, providing protection to the business in case of accidents, injuries, or other work-related incidents. It is not directly tied to the production process and is necessary for the overall functioning of the business, making it an overhead cost.

Before awarding a contract in excess of the simplified acquisition threshold (SAT), the contracting officer (CO) must review the Contractor Performance Assessment Reporting System (CPARS). CPARS is a system that allows the CO to assess the past performance of potential contractors. By reviewing CPARS, the CO can evaluate the contractor's performance on previous contracts and determine if they are suitable for the new contract. This helps ensure that the selected contractor has a track record of successful performance and can meet the requirements of the new contract.

The responsibility of determining the responsibility of prospective subcontractors generally lies with the prime contractor. As the main contractor overseeing the project, they are responsible for selecting and vetting potential subcontractors to ensure they have the necessary qualifications, experience, and resources to fulfill their subcontracted tasks. The prime contractor plays a crucial role in evaluating and determining the suitability and responsibility of subcontractors to ensure the successful completion of the project.

A proposal can be withdrawn at any time before award by providing written notice. This means that if a bidder decides to retract their proposal for any reason, they can do so by notifying the contracting officer in writing. This allows bidders the flexibility to change their minds or revise their proposals before a final decision is made. However, once the award is made, the proposal becomes a part of the contract file and cannot be withdrawn.

In the absence of information clearly indicating that a prospective contractor is responsible, the contracting officer (CO) must make a determination of nonresponsibility. This means that the CO determines that the contractor does not meet the necessary qualifications or requirements to successfully perform the contract. This decision is documented and the CO proceeds with the award process accordingly. Requesting performance and payment bonds or providing the contractor with a neutral rating are not appropriate actions in this situation.

The correct answer is "Accounting and appropriation data are not cited." This means that there is no section in a blanket purchase agreement that specifically contains accounting and appropriation data. This information may be found in other documents or sections, but it is not explicitly mentioned in the agreement itself.

This answer suggests that there is no one specific approach that is better than the others when it comes to negotiating areas of disagreement. It implies that the effectiveness of the approach may vary depending on the specific situation and the parties involved.

Under a blanket purchase agreement, the government is only obligated to make authorized purchases. This means that they are not required to make a minimum purchase amount or meet a specific quantity stated in the contract. The government is only bound to spend the total funds that have been allocated and obligated against the contract for authorized purchases.

Once both sides have reached general agreement during negotiations, the next logical step would be to close the negotiations as soon as possible. This is because general agreement indicates that the main points and terms of the negotiation have been agreed upon, and there is no need to prolong the process unnecessarily. Closing the negotiations promptly allows both parties to move forward and implement the agreed-upon terms, saving time and resources.

The post-award notice is a document that is issued after a contract has been awarded to a specific offeror. It includes important information about the contract and the award process. The notice typically includes the number of offerors solicited, the number of proposals received, and the reason why the offeror's proposal was not accepted. However, it does not include the name and address of each offeror submitting a proposal. This information is usually kept confidential to protect the privacy of the offerors.

The Small Business Administration issues a Certificate of Competency (COC) as assurance that a small business has been determined responsible for the purpose of receiving and performing a specific government contract. This certificate demonstrates that the small business has the necessary financial, technical, and operational capabilities to successfully fulfill the contract requirements. The COC is typically issued after a thorough review and evaluation of the small business's qualifications and capabilities.

The physical environment should enhance win/win outcomes by giving the other side the perception of being treated fairly. This means creating a space that is neutral and unbiased, where both parties feel that they are being listened to and respected. By creating an environment that is fair and equal, it can help to build trust and encourage open communication, increasing the likelihood of reaching a mutually beneficial agreement.

The correct answer suggests that negotiators are unable to make material concessions because their opening position is too close to their expectation level. This means that negotiators start the negotiation with a position that is already very close to what they expect to achieve, leaving little room for further concessions. As a result, they are unable to make significant compromises during the negotiation process.

A price negotiation memorandum (PNM) is a document that outlines the details of a negotiation session for a particular acquisition. It typically includes a description of the acquisition, the basis for profit or fee negotiated, and documentation of fair and reasonable pricing. However, the duration of the negotiation session is not a necessary component of the PNM. This information is not crucial to understanding the terms and conditions of the negotiation and can be omitted from the memorandum.

Prompt payment discounts should not be considered in evaluating quotes because they are incentives offered by suppliers to encourage prompt payment from customers. They are not directly related to the price of the product or service being quoted. Evaluating quotes based on prompt payment discounts would not provide an accurate comparison of the actual prices being offered by different suppliers. Therefore, prompt payment discounts should be excluded when evaluating quotes.

A contractor must give 30 days written notice to the government in order to cancel a blanket purchasing agreement. This allows the government sufficient time to make alternate arrangements and ensures a smooth transition.

Certified cost or pricing data is required for termination settlements exceeding the Truth In Negotiations Act (TINA) threshold. This means that when a termination settlement exceeds the TINA threshold, the prime contractor must provide certified cost or pricing data. This data is necessary to ensure that the settlement amount is fair and reasonable. It helps in determining the accuracy, completeness, and reliability of the cost or pricing information provided by the contractor.

When developing prenegotiation positions in noncompetitive acquisitions, it is important to establish minimum, objective, and maximum price positions. This allows the negotiator to have a clear understanding of the range within which they can negotiate and helps to ensure that they do not settle for a price that is outside of the government's best interest. By setting these positions, the negotiator can effectively advocate for the government's price objective while also being prepared to negotiate within a reasonable range.

A price negotiation memorandum (PNM) must permit the rapid reconstruction of the major consideration in pricing the contract because of the high turnover rate for contracting personnel. This means that personnel involved in the negotiation and pricing of the contract may change frequently. Therefore, having a PNM that allows for the quick and easy reconstruction of the major considerations ensures that new personnel can understand and evaluate the contract efficiently. This helps to maintain continuity and efficiency in the contract negotiation and pricing process, despite the turnover of personnel.

An offeror is required to submit and certify cost or pricing data for a $2M non-commercial item acquisition. This means that when acquiring a non-commercial item with a value of $2 million, the offeror must provide and certify the accuracy of the cost or pricing data. This is important to ensure transparency and fairness in the procurement process, as it allows the contracting officer to evaluate the reasonableness of the proposed prices and make informed decisions.

If cost and pricing data are found to be inaccurate, incomplete, or noncurrent after award, the government is entitled to any significant price increase including profit or fee that resulted from the faulty data. This means that if the data provided by the contractor is found to be faulty, the government can adjust the contract price to account for any significant increase in costs, including profit or fee, that resulted from the faulty data.

When a solicitation states that the government intends to evaluate proposals and make an award without discussions, contracting officers may enter into discussions when determined necessary. This means that although the solicitation initially states that there will be no discussions, the contracting officers have the flexibility to engage in discussions with the offerors if they deem it necessary for the evaluation process. This allows for a more thorough evaluation and consideration of the proposals before making an award decision.

When only one reply is received in response to a solicitation estimated at less than the simplified acquisition threshold (SAT), the contracting officer must include a statement in the contract file giving the basis of the determination of fair and reasonable price. This is necessary to ensure transparency and justification for the award decision, as it demonstrates that the price offered by the responding contractor was evaluated and deemed fair and reasonable.

Source selection information consists of various factors that are used to evaluate and select the best bid for a contract. This includes rankings of bids, proposed costs or prices, and technical evaluation plans. However, contract line item pricing is not considered as part of the source selection information. Contract line item pricing refers to the specific pricing details for each individual item or service within the contract, which is typically evaluated separately from the source selection process.

The correct answer is "includes all of the most highly rated proposals." This means that the contracting officer will consider all proposals that have received the highest ratings during the evaluation process. By including all of the most highly rated proposals, the contracting officer ensures that they are considering the best options for the contract. This approach allows for a fair and thorough evaluation of the proposals before making a decision.

Field-pricing support helps the contracting officer negotiate a fair and reasonable price when information at the buying office is inadequate. This support provides the contracting officer with specialized pricing expertise and analysis, which can include market research, cost analysis, and price analysis. By utilizing field-pricing support, the contracting officer can gather additional information and insights to better evaluate the reasonableness of the proposed price and negotiate more effectively with the seller.

The contracting officer provides written notice of award to the unsuccessful offerors within three days. This means that the unsuccessful offerors will be notified within a short period of time after the award decision has been made. This prompt notification allows the offerors to quickly move on and explore other opportunities, while also maintaining transparency and accountability in the procurement process.

A contract award for a $36,000 commercial purchase order requires to be synopsized through the government point of entry. This is because the Federal Acquisition Regulation (FAR) requires synopsizing of contract awards over $25,000 for commercial items. Since the purchase order amount is $36,000, it exceeds the threshold and therefore must be synopsized.

The factors considered in determining whether a cost is allowable include the standards established by the cost accounting standard board. This means that the cost must comply with the guidelines and regulations set by the board in order to be considered allowable. The other options mentioned, such as certified cost and pricing data, costs being allocable to the contract, and the use of rough yardsticks, may be important considerations in other aspects of cost determination, but they are not specifically mentioned as factors for determining whether a cost is allowable.

The correct answer is "allow offerors to respond to adverse past performance information." When adverse past performance information is identified during the evaluation process, the contracting officer is required to engage in discussions with the offerors involved. This allows the offerors to provide their perspective on the adverse information and address any concerns or provide additional information that may mitigate the negative impact of their past performance. This ensures fairness and transparency in the evaluation process and allows offerors to have an opportunity to respond to any potentially damaging information.

A standing price quotation may be used in lieu of obtaining individual quotations each time a purchase for the same item is contemplated. This means that instead of getting new quotes every time, a pre-established price is used for future purchases. This can save time and effort in the procurement process, especially for recurring purchases of the same item.

Adequate price competition is a method used to establish price reasonableness. It involves obtaining multiple bids or proposals from different suppliers or contractors, allowing the buyer to compare and evaluate the prices offered. This approach ensures that the price paid is fair and reasonable, as it is based on the market forces of supply and demand. Cost accounting standards, certified cost or pricing data, and other methods may also be used to establish price reasonableness, but in this case, the correct answer is adequate price competition.

Cost estimating relationships make comparisons based on factors such as price per square foot. This technique involves establishing a relationship between the cost of a project and a specific parameter, such as the size or area of the project. By using historical data or industry standards, cost estimating relationships can provide a rough estimation of the cost based on these factors. This allows for a more accurate cost analysis and comparison between different projects or components.

A modification to a proposal refers to a change made to the proposal before the solicitation's closing date and time. This means that any adjustments or revisions to the proposal can be made within the specified timeframe, allowing for corrections or improvements to be implemented. It is important to note that modifications made after the closing date and time would likely not be considered or accepted.

The correct answer is the Comparative Analysis Report (CAR). This document includes an integrated assessment of price, performance, mission capability, and risk. It provides a detailed analysis of the proposals received from potential sources and compares them based on various factors. The CAR helps the source selection authority make an informed decision by evaluating the strengths and weaknesses of each proposal in relation to the stated requirements and objectives.

Post-award debriefings should be conducted within five days after the request is received. This ensures that the debriefing process is conducted promptly, allowing the offeror to receive timely feedback and information about the award decision. Conducting the debriefing within this timeframe also helps maintain transparency and fairness in the procurement process.

A revision to a proposal refers to a change that is made after the solicitation closing date at the contracting officer's request as a result of negotiations. This means that the revision is not a correction or amendment made before the closing date but rather a modification requested by the contracting officer during the negotiation process.

This answer is correct because the question is asking for a condition that is NOT necessary for using previously proposed prices. The other options are all conditions that need to be met in order to use previously proposed prices. The reasonableness of the price being uncertain would be a condition that would prevent the use of previously proposed prices.

Cost analysis provides the basis for negotiating contract pricing arrangements. This is because cost analysis involves the examination and evaluation of the costs associated with a particular project or contract. By conducting a cost analysis, the contracting parties can determine the actual costs involved in the project and negotiate a fair and reasonable price for the contract. Cost analysis helps in identifying the cost elements, estimating costs, and analyzing the cost data to ensure that the contract pricing arrangements are appropriate and beneficial for both parties involved.