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CON 1300 Exam (Latest 2024/ 2025 Update)
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Grade A
What is an offer? - ANSWER-A response to a solicitation that if accepted, would bind the offeror to perform the resultant contract
What are the Different types of Offers - ANSWER-o Invitations for Bids - FAR Part 14
o Request for Proposals - FAR Part 15
A quote is not an offer because it does not bind the contractor to perform a task.
What is Request for Quotations (FAR Part 13) - ANSWER-Is apart of simplified acquisition
A type of solicitation used typically with small-dollar contracts or purchases, but may be used for commercial items up to an agency's prescribed dollar limit.
What is Invitations for Bids (FAR Part 14) - ANSWER-Is apart of sealed bidding - they are offers called "bids" or "sealed bids"
An offer to perform the work described in a contract at a specified cost
Bids are normally not negotiated and cannot be changed once accepted by the owner. Bids are time sensitive and are generally good for 30 to 60 days after the bid opening.
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What is Request for Proposals (FAR Part 15) - ANSWER-Is apart of Negotiation contracting - they are offers called "Proposals"
A government proposal, sometimes called a government contract proposal, is a response written by a private company to a public government agency for the purchasing of goods or services
What does LPTA stand for and what does it include? - ANSWER-The Lowest Price Technically Acceptable (LPTA)
Evaluation factors & sub factors shall be in the solicitation
Based on Lowest Price and Technically Acceptable Offer
Solicitations shall specify that award made on basis of LPTA
LPTA vs. Trade-Offs - ANSWER-LPTA focuses on lowest-priced proposal that meets minimum technical requirements.
Trade-offs consider factors beyond price. such as quality and innovation, to achieve the best value.
LPTA prioritizes cost savings, while trade-offs aim for more advantageous overall solutions.
What are Quotes used for? - ANSWER-Used to obtain pricing for a specific number of well-defined items
Specs may be included but no technical or past performance documentation
What is Risk - ANSWER-A measure of future uncertainties in achieving program goals & objectives within defined cost, schedule, & performance constraints
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Cost Analysis
Technical Analysis
Past Performance- shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold.
What is Price Analysis? - ANSWER-Evaluating proposed total price & not the separate cost elements & profit
We use price analysis daily when comparing prices
Shall be used when certified cost or pricing data are not required
Contract award criteria should address all price-related factors that will have a significant & measurable effect on the total cost of the acquisition
Examples of Price- Related factors in Price Analysis - ANSWER-Multiple Awards vs. Single Award
Govt. Furnished Property
Buy American Act
Transportation Costs
What is cost analysis? - ANSWER-Shall be used when certified cost & pricing data is required
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Also used when price analysis alone will not suffice to determine price fair & reasonable
Cost Analysis shall include Cost Realism Analysis
What is Cost Realism Analysis? - ANSWER-Cost realism analysis is the process of independently reviewing and evaluating specific elements of each offeror's proposed cost estimate to determine whether the estimated proposed cost elements
What are the 4 steps in the evaluating & applying price-related factors - ANSWER-1- Determine solicitation provisions
2- Determine total price offered
3- Evaluate award combinations
4- Make award decision
What are the 3 additional steps to conclude the price analysis process - ANSWER-o Determine lowest evaluated price
o Compare offered prices with other prices
o Account for differences
What are two types of factors under price-related factors for Government Furnished Property (GFP) - ANSWER-Eliminate Competitive advantage
Consider government costs or savings related to providing property
Applies to competitive fixed-price contracts, only!
Offeror(s) MAY be in possession of GFP on other Government contracts and may wish to incorporate use of such property in their proposal in response to your solicitation.
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Threshold 2M
What type of analysis when we have TINA? - ANSWER-Cost Analysis shall be used if TINA applies.
What are exemptions to TINA? - ANSWER-Exemptions: Commercial, Competition, Waiver
What are methods used to perform a cost analysis? - ANSWER--Get a "Good" Proposal {FAR Table 15. Compliant}
-Enlist help of others
-Review the proposal
-Model the proposal
-Fact-Find the proposal
-Evaluate the proposal
Cost Analysis, ______________ be performed on _____________, contracts to determine the probable cost of performance for each offeror. - ANSWER-Shall, cost-reimbursement
Cost Analysis techniques listed in Far 15.404-1 (c)(2) include - ANSWER--Verification of cost data or pricing data & evaluation of cost elements
-Evaluating the effect of the offeror's current practices on future costs
-Comparision of cost proposed by the offeror for individual cost elements with actual costs, previous cost estimates, other costs estimates received in response to the Govt's request, Independent govt. estimates, or forecasts.
Cost Analysis techniques listed in Far 15.404-1 (c)(2) include (continued) - ANSWER--Verification of compliance with contract cost principles and procedures in FAR Part 31 & 48 CFR chapter 99, cost accounting standards
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-Identification of any cost or pricing data needed to make the proposal accurate, complete, & current
-Analysis of the results of any make-or-buy program reviews
What is direct cost and which elements are direct cost? - ANSWER-A direct cost is any cost directly identified with a single, final cost objective
Ex. Material and Subcontracts
Labor work
Other direct cost
What is an Indirect Cost and which elements are indirect cost? - ANSWER-An indirect cost is any cost not directly identified with a single, final cost objective, but identified with two or more final cost objectives or with at least one intermediate cost objective
Ex. Engineering overhead
Manufacturing overhead
General & Administrative Cost
What is Cost of Money? - ANSWER-An imputed cost related to the cost of contractor capital committed to facilities
Cost realism is required for all cost type contracts. True or False - ANSWER-True
Cost realism analyses shall be performed on cost-reimbursement contracts to determine the probable cost of performance for each offeror.
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Fee or Profit
-Facilities Capital Cost of Money (FCCM)
-Total Estimated Cost
-Certified Cost and Data (If used)
-Identify Risks associated with each element
What is a Clarification? - ANSWER-Limited exchanges between the Government and offerors that may occur when the Government anticipates making an award without discussions.
A contractor is not allowed to revise their offer through this type of exchange.
What is Communications? - ANSWER-Exchanges between the Government and contractors after receipt of proposals, leading to establishment of the competitive range
The purpose of communications is to address issues that must be explored to determine whether an offer should be placed in the competitive range.
A contractor is not allowed to revise their offer through this type of exchange.
What is Fact-Finding? - ANSWER-In a non-competitive procurement (SOLE SOURCE), fact-finding may be necessary when information available is not adequate for proposal evaluation.
A contractor is not allowed to revise their offer through this type of exchange.
What is a Discussion? - ANSWER-When negotiations are conducted in a source selection, they take place after establishment of the competitive range and are called discussions
Discussions with a sole source are called Negotiations
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What are the Objectives in Contract Negotiation? - ANSWER-From a buyer's perspective, the objective in any discussion/negotiation should be to obtain the best value for the Government.
The seller's negotiation objective will be the company's strategy that is based on its goals and operations.
Is having a fair and reasonable price, a best value when a contract is awarded? Ture or False - ANSWER- True
Discussions are tailored to each offeror's proposal and must be conducted by the ___________ with each offeror within the competitive range. - ANSWER-Contracting Officers
When conducting negotiations, both buyers and sellers should be prepared to conduct _____________ IAW the DoD Source Selection Procedures. - ANSWER-Meaningful negotiations
Upon receipt of the offer, the ___________ or ________________ conducts an initial screening of both the offer and the offeror - ANSWER-Contracting officer or Designee
Offers must be evaluated in accordance with the evaluation criteria started in the solicitation. True or False - ANSWER-True
What is the Process for Screening Offers? - ANSWER-Offerors who do not meet the requirements to do business with the Government are considered non-responsible.
The Government shall not accept proposals from non-responsible offerors.
Offers who do not meet the proposal requirements are considered non-responsive.
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Cost/Price Analyst:
Evaluate the reasonableness of contractors' proposed price through cost and price analysis by using accounting and auditing data, forecasting techniques, learning curves, and regression analysis.
Legal Counsel:
Conduct legal research and prepare written analysis on any legal issue the requirement may face
Team members unique to FAR Part 15 source selections
Source Selection Authority (SSA)- over $100 Millon
What is Interest-Based Negotiation? (IBN) - ANSWER-Is a step-by-step approach used to identify common interests of the parties, identifying common interest promotes solutions that satisfy the needs of both parties
What is Position-Based Negotiation (PBN) - ANSWER-Involves each party taking a position and arguing for it without learning the interest of the other party
What are the 4 steps of Interest- Based Negotiations (IBN) - ANSWER--Identify the interest of both parties
-Develop options using brainstorming techniques
-Identify standards
-Reach resolution
What are the 3 steps of Postion-Based Negotiations (PBN) - ANSWER--Develop position
-Negotiate using win/lose methods
-If agreement not reached, split the difference
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What is BATNA, Reservation Price, and Anchor? - ANSWER-Best Alternative To a Negotiated Agreement = Your absolute bottom line. If your agreement isn't better than your BATNA, it actually makes you worse off
Reservation price
Reservation Price is the value below which you would rather accept impasse and settle for your best alternative. You must sometimes show willingness to walk away from marginal agreements in order to achieve excellent ones.
Anchor
An initial number or position offered, purposely or inadvertently, by one party. When a second anchor is set, a range for negotiation is establish
Who conducts the final evaluation of the final proposals? - ANSWER-The SSEB will conduct the final evaluation of the final proposals
What are the forums a contracting officer can use to make negotiations? - ANSWER-Email
Phone
Virtually
In-Person
Who ultimately decides which offeror gets the award? - ANSWER-Source Selection Authority
In the DoD, the ________ must be an individual other than the ________ for acquisitions with a total estimated value of ____________ or more. - ANSWER-SSA, PCO, $100M
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What is POM/ PNM? - ANSWER-POM-KO establish pre-negotiation objectives before the negotiation of any pricing actions
PNM- Documentation where the principle elements of the negotiated agreement results are written.
What are the protest venues where a seller may file their protest IAW FAR 33.101? - ANSWER-Protest with Agency
Protest with Govt. Accountability Office (GAO)
Protest with U.S. Court of Federal Claims (COFC)
When can a offeror conduct a Pre-award protest? - ANSWER-As soon as problems with the solicitation are realized and/or before bids are opened in the case of sealed bids
How long does an offeror have to file a protest with the U.S Govt. - ANSWER-within 10 calendar days after "the basis for the protest is known or should have known, which ever is earlier"
within 5 calendar days after a debriefing is concluded
How many days does the GAO have to make a recommendation on a protest? - ANSWER-GAO is given 60-days express or 100 days from the day the protest is filed to issue a recommendation.
Agencies shall make their best efforts to resolve the protest within ___________ after protest filled - ANSWER-35 days
Common reasons that contract awards have been protested - ANSWER--defects in solicitation
-cancellation of a solicitation
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-improper exclusion from the competitive range
-improper agency evaluation
-bias or bad faith on the part of the agency
The formal document to capture the selection of the successful offeror is called the - ANSWER-Sorce Selection Decision Document (SSDD)
Who Establishes the competitive range and entering into discussions - ANSWER-The KO will establish the competitive range by selecting those offerors whose proposals are the most highly rated
Who is responsible for ensuring that the final price of winning offer is fair and reasonable. - ANSWER- The KO is responsible for ensuring that the final price of a winning offer is fair and reasonable.
How does the KO determine a contract to be fair and reasonable - ANSWER-It is completed by evaluating and documenting offered prices.
What are evaluation factors in a proposal? - ANSWER-Evaluation factors can be referred to by what best fits that factor, such as "Price" , "Past Performance" , "Technical" or "Mission Capability". There is no mandatory nomenclature for factors.
What is Bargaining? - ANSWER-Contract negotiations between the govt. and offerors, bargaining is the process of discussing, negotiating, and compromising on terms, conditions, and pricing to reach a mutually acceptable agreement that meets the needs of both parties involved
What are the Steps for Finalizing the Contract Award? - ANSWER-Source Selection IAW FAR Part 15
Receive proposals
Review only the proposals Evaluation Factors stated for establishing the competitive range
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Whether certified cost and pricing data was required and if not, why not.
A summary of the contractor's proposal, the Government's negotiation objective, and the negotiated position.
The most significant facts or considerations controlling the establishment of the pre-negotiation objectives and the negotiated agreement including an explanation of any significant differences between the two positions.
The basis for the profit or fee pre-negotiation objective and the profit or fee negotiated.
Documentation of fair and reasonable pricing.
What happens when you receive a protest? - ANSWER-When a buyer receives an agency protest prior to award:
The contract may not be awarded (see FAR 33.103(f))
Inform the offerors whose offer might be eligible for award
Resolve protest
When a buyer receives an agency protest after award of contract, but within the time limits:
Suspend performance unless continued performance is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government.
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Contracting Officer must review all pertinent documentation and render a Contracting Officer's Final Decision (COFD)
Agencies shall make their best efforts to resolve the protest within 35-days after protest filed.
What does meaningful mean? - ANSWER-Identifying deficiencies or significant weaknesses that have been identified during the evaluation
Post Award Notice and Protest - ANSWER-The successful offeror will be immediately notified of award
Unsuccessful offerors must be notified in writing within three days after the date of contract award.
Offerors have within three days after the notification of contract award to request a post-award debriefing in writing and the Government should provide the debriefing within five days.
Post Award Protest:
within 10 calendar days after "the basis for the protest is known or should have been known,
within 5 calendar after a debriefing is concluded, whichever is later
