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Breakout Session # B18, CFCM FAR REVIEW 2
Name Jack R. Hott, CPCM, Fellow
Manager, Contract Compliance Fluor-B&W Portsmouth LLC
Date July 30, 2012
Time 2:30 PM – 3:45 PM
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Certified Federal Contracts Manager
• Session A18
• Part 1; Federal Acquisition Regulations System
• Part 2; Definitions of Words and Terms
• Part 10; Market Research
• Part 6; Competition
• Part 9; Contractor Qualifications
• Part 12; Acquisition of Commercial Items
• Part 13; Simplified Acquisition Procedures
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Certified Federal Contracts Manager
• Session B 18
• Part 14; Sealed Bidding
• Part 15; Contracting By Negotiation
• Part 39; Acquisition of Information Technology
• Part 36; Construction and Architect-Engineer
Contracts
• Part 19; Small Business Programs
• Part 29; Taxes
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Certified Federal Contracts Manager
•Session E18
• Part 37; Service Contracting
• Part 22; Application of Labor Laws to Government
Acquisitions
• Part 44; Subcontracting Policies and Procedures
• Part 45; Government Property
• Part 38; Federal Supply Schedule Contracting
• Part 42; Contract Administration and Audit Services
• Part 51; Use of Government Sources by Contractor
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Certified Federal Contracts Manager
• Session F18
• Part 32; Contract Financing
• Part 34; Major System Acquisition
• Part 43; Contract Modifications
• Part 17; Special Contracting Methods
• Part 49; Termination of Contracts
• Part 24; Protection of Privacy and Freedom of
Information
• Part 16; Types of Contracts
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FAR Part 14; Sealed Bidding
• FAR Subpart 14.1, Use of Sealed Bidding
•Method of contracting that employs competitive bids,
public bid opening, and awards
• Award to the responsible bidder whose bid is responsive
to the IFB, and most advantageous to the Government
considering only price and price-related factors included in
the IFB
• Firm-Fixed-Price and Fixed-Price-EPA only
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FAR Part 14; Sealed Bidding
• FAR Subpart 14.2; Solicitation of Bids
• Use Uniform Contract Format or simplified format
• Allow reasonable amount of time for submission of bids
• FAR Subpart 14.3; Submission of Bids
• Must be received at the specified location no later than
the exact time set for bid opening
• Modification or withdrawal of bids is allowed up to the
time of bid opening
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FAR Part 14; Sealed Bidding
• FAR Subpart 14.4; Opening of Bids and Award of Contract
• Bid Opening Officer publically opens and reads aloud all
bids and records all bids
• After all bids are opened, an award will be made to
lowest price responsive bid
• FAR Subpart 14.5; Two-Step Sealed Bidding
• Used to obtain the benefits of sealed bidding when
adequate specifications are not available
• Step one; technical proposal evaluation
• Step two; sealed bids from technically acceptable
offerors
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FAR Part 14; Sealed Bidding
44. The first step of two-step bidding involves
a. price analysis only.
b. technical analysis only.
c. price and technical analysis.
d. historical analysis.
ANSWER: ____SOURCE(S): FAR 14.501(a)
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FAR Part 15; Contracting By Negotiation
• FAR Subpart 15.1; Source Selection Processes and
Techniques
• Best value continuum (price/technical/past performance)
• Tradeoff process
• Lowest price technically acceptable
• Oral presentation
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FAR Part 15; Contracting By Negotiation
• FAR Subpart 15.2; Solicitation & Receipt of proposals and information
• Exchanges before receipt of proposals
• Request for proposals (Uniform Contract Format)
• A..Solicitation/contract form
• B.. Supplies or services and prices/costs
• C.. Description/specifications/statement of work
• D.. Packaging and marking
• E.. Inspection and acceptance
• F.. Deliveries or performance
• G.. Contract administration data
• H.. Special contract requirements
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FAR Part 15; Contracting By Negotiation
• FAR Subpart 15.2; Solicitation & Receipt of proposals and information
• Request for proposals (Uniform Contract Format) continued
• I.. Contract clauses
• J.. List of attachments
• K.. Representations, certification, and other statements
• L.. Instructions, conditions, and notices to offerors
• M.. Evaluation factors for award
• Issuing Solicitations
•Amending Solicitations
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FAR Part 15; Contracting By Negotiation
• FAR Subpart 15.3; Source Selection
• Select the proposal representing the best value.
• Source Selection Authority
• Evaluation factors
• Areas of importance
• Supports meaningful comparison of proposals
• Price/cost is ALWAYS evaluated!
• Past performance
• Exchanges with offerors after receipt of proposals
• Communication to establish competitive range
• Competitive range
• Exchanges with offerors in the competitive range
• Proposal revisions
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FAR Part 15; Contracting By Negotiation
• FAR Subpart 15.4; Pricing Policy
• Certified cost or pricing data (when required & not)
• Data other than certified cost or pricing data
• Proposal analysis (price analysis vs. cost analysis)
• Profit (structured approach to profit/fee objectives)
• Certificate of current cost or pricing data
• Defective certified cost or pricing data
• Make or buy, forward pricing rate agreements,
should-cost review, estimating systems
• Table 15-2, Instructions for submitting certified
cost/pricing data
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FAR Part 15; Contracting By Negotiation
• Subpart 5.5; Preaward, award, and postaward notifications,
protests, and mistakes
• Preaward/postaward notification to unsuccessful offerors
• Preaward/postaward debriefing of offerors
• Protests against award
• Discovery of mistakes
•Subpart 5.6; Unsolicited proposals
• Acceptance and negotiation of unsolicited proposals
• Use and disclosure of data
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FAR Part 15; Contracting By Negotiation
52. Which statement about proposal revisions is true?
a. A Contracting Officer may consider a revision to a proposal that has
been eliminated or otherwise removed from the competitive range.
b. Final proposal revisions may be oral.
c. The Contracting Officer may request or allow proposal revisions to
clarify and document understandings reached during negotiations.
d. Cut off dates for submission of final proposal revisions are negotiated
with each offeror.
ANSWER: _____
SOURCE(S): FAR 15.307(a), (b)
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FAR Part 39; Acquisition of Information
Technology
• FAR Subpart 39.1; General
• Risk management (schedule, technical obsolescence,
cost, contract type, technical feasibility, dependencies
between projects/systems, funding, program management
• Modular contracting
• Information technology services
• Privacy
• Year 2000 compliance (Y2K)
• FAR Subpart 39.2; Electronic and information technology
• Access to and use by individuals with disabilities
• Exceptions to disability requirements
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FAR Part 39; Acquisition of Information
Technology
93. Contracts to acquire information technology systems in successive,
interoperable increments are known as:
a. multi-year.
b. successive.
c. modular.
d. Alpha.
ANSWER: _____
SOURCE(S): FAR 39.002
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FAR Part 36; Construction and architectengineering contracts
• FAR Subpart 36.1; Policy
• Construction – sealed bid procedures
• Architect-engineering (A&E) services – negotiation
• Design/bid/build – two-phase negotiation
• FAR Subpart 36.2; Construction
• Detailed specifications using recognized government,
industry and technical society standards
• A&E (affiliates or subsidiaries) responsible for design is
ineligible for award
• Fixed-price contracts (lump-sum, unit price, or FFP/EPA)
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FAR Part 36; Construction and architectengineering contracts
• FAR Subpart 36.3; two-phase design build selection
• Phase One;
•technical evaluation of prospective offerors excluding
cost or price related factors
• Purpose is to identify offerors for submission of
Phase Two proposals (max 5 offerors)
• Phase Two; FAR 15 based best value proposals
• Submission of technical and price proposals
• Competitive negotiation
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FAR Part 36; Construction and architectengineering contracts
• FAR Subpart 36.6; Architect-Engineering Services
• Competition under the Brooks Architect-Engineers Act
(40 U.S.C. 1101)
• Negotiations begin with the most technically preferred
firm
• Fee limited to 6% of estimated cost of construction
excluding fees
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FAR Part 36; Construction and architectengineering contracts
90. The methodologies Contracting Officers shall use in acquiring
construction contracts and architect-engineer services, respectively are:
a. negotiation and sealed bids.
b. sealed bids and negotiation.
c. negotiation and negotiation.
d. sealed bids and barter.
ANSWER: _____
SOURCE(S): FAR 36.103
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FAR Part 19; Small Business Programs
• FAR Subpart 19.3; Determination of small business status
• Representations and certifications, ORCA, CCR
• North American Industry Classification System (NAICS)
• FAR Subpart 19.5; Set-Asides for Small Business
• Small business set-aside may be open to all small
businesses
• Set-aside may be a single acquisition or class of
acquisitions (total or partial)
• Market research shall be used to document why a setaside is inappropriate
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FAR Part 19; Small Business Programs
• FAR Subpart 19.7; Small Business Subcontracting Program
• Individual Contract Plan; specific contract, entire contract
period (including options), based on planned first-tier
subcontracting for the contract
• Master plan; contains all required elements of an
individual contract plan except goals
• Commercial plan; applies to entire production of
commercial items during the offeror’s fiscal year
• Subcontracting plan shall be incorporated in the contract
award
• Reporting through the Electronic Subcontract Reporting
System (eSRS)
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FAR Part 19; Small Business Programs
• Small Business Categories
• Small Business
• Small Disadvantaged Business
• Woman-owned Small Business
• Economically Disadvantaged Women-Owned Business
• Veteran-Owned Small Business
• Service-Disabled Veteran-Owned Small Business
• HUBZone Small Business Concern
• 8(a) Program
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FAR Part 19; Small Business Programs
65. In making an award that requires a subcontracting plan, the CO must
a. assure that a subcontract plan has been requested.
b. in undefinitized instruments, require a draft plan within 90 days after
award or before definitization, whichever occurs first.
c. ensure that an acceptable plan is made a material part of the contract.
d. delay the award if the SBA representative does not complete their
review within 90 days.
ANSWER: _____
SOURCE(S): FAR 19.705-5
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FAR Part 29; Taxes
• FAR Subpart 29.1; Resolving tax problems
• Contracting Officers should request assistance from agency
designated legal counsel
• When constitutional immunity from State or local taxation are at
issue, discourage contractors from negotiating independently
• FAR Subpart 29.2; Federal Excise Taxes
• Solicit prices on a tax-exclusive basis when exempt and on a taxinclusive basis when no exemption exists
• FAR Subpart 29.3; State and local taxes
• Generally, purchases and leases made by the Federal Government
are immune from tax
• Purchases by contractors/subcontractors, the right to exemption may
not rest with the Government’s immunity
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FAR Part 29; Taxes
77. Generally, purchases and leases made by the Federal Government are
a. subject to state and local taxation.
b. immune from state and local taxation.
c. eligible for state and local tax rebates.
d. subject to taxation only in states with Value Added Tax.
ANSWER: _____
SOURCE(S): FAR 29.302
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