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THE LATEST UPDATE CON 3990 Exam FAR Parts 2023-2024
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FAR Part 1 - CORRECT ANSWER Federal Acquisition Regulation System FAR Part 2 - CORRECT ANSWER Definitions of Words and Terms FAR Part 3 - CORRECT ANSWER Improper Business Practices & Personal Conflicts of Interest FAR Part 4 - CORRECT ANSWER Administrative Matters FAR Part 5 - CORRECT ANSWER Publicizing Contract Actions FAR Part 6 - CORRECT ANSWER Competitive Requirements FAR Part 7 - CORRECT ANSWER Acquisition Planning FAR Part 8 - CORRECT ANSWER Required Sources of Supplies and Service FAR Part 10 - CORRECT ANSWER Market Research FAR Part 12 - CORRECT ANSWER Acquisition of Commercial Items FAR Part 13 - CORRECT ANSWER Simplified Acquisition Procedures (SAP) FAR Part 15 - CORRECT ANSWER Contract by Negotiation
FAR Part 16 - CORRECT ANSWER Types of Contracts FAR Part 19 - CORRECT ANSWER Small Business Programs FAR Part 31 - CORRECT ANSWER Contract Cost Principles & Procedures FAR Part 33 - CORRECT ANSWER Protests, Disputes, and Appeals FAR Part 42 - CORRECT ANSWER Contract Administration & Audit Services FAR Part 44 - CORRECT ANSWER Subcontracting Policies & Procedures FAR Part 46 - CORRECT ANSWER Quality Assurance FAR Part 49 - CORRECT ANSWER Termination of Contracts FAR Part 50 - CORRECT ANSWER Extraordinary contractual actions and safety act FAR Part 51 - CORRECT ANSWER Use of Government Sources by Contractors FAR Part 52 - CORRECT ANSWER Solicitation Provisions and Contract Clauses FAR Part 53 - CORRECT ANSWER FORMS Contracting Life Cycle Phases - CORRECT ANSWER 1. Pre-Award
from an unsolicited proposal, or award any othercontract without providing for full and open competition unless the contracting officer- I. Justifies, if required in FAR 6.302, the use of such actions in writing; II. Certifies the accuracy and completeness of the justification; III. (and) Obtains the approval required by FAR 6.304. Post award orientation: - CORRECT ANSWER 1. FAR 42.501(a) states a post award orientation aids both Government and contractor personnel to (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems. However, it is not a substitute for the contractor's fully understanding the work requirements at the time offers are submitted, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award. Standards of Conduct: - CORRECT ANSWER 1. (FAR 3.101-1). Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. The general rule is to avoid strictly any conflict of interest, or even the appearance of a conflict of interest in government-contractor relationships. Solicitation and Acceptance of Gratuities by Government Personnel - CORRECT ANSWER The overarching rule on accepting gifts from contractor/employees is at (FAR 3.1 01 - 2). You may not solicit gifts from anyone, for any reason. This means for yourself or for others. Federal employees are prohibited from soliciting or accepting gifts. Disclosures - CORRECT ANSWER No person or other entity may disclose contractor bid or proposal information or source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by the agency head or the contracting officer. Contracts with Government Employees: - CORRECT ANSWER 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). Personal Conflicts of interest: - CORRECT ANSWER FAR part 3 covers polices and procedures related to avoiding improper business practices and personal conflicts of interest. A "personal conflict of interest" is a situation where an individual is employed by a defense contractor company and is in a position to materially influence DOD's recommendations and/or decisions and, because of his/her personal activities, relationships, or financial interests, may lack or appear to lack objectivity, or appear to be unduly influenced by personal financial interest.
Organizational Conflicts of interest: - CORRECT ANSWER An OCI is the existence of a set of circumstances in which a contractor may be unable to render impartial advice to the government, or might have impaired objectivity in performing contracted work, or may obtain an unfair competitive advantage in the marketplace when competing for government work where that unfair advantage is obtained performing a government contract. There are three broad categories of Organizational Conflicts of interest OCI: - CORRECT ANSWER 1. Unequal Access
Cost, quality and timeliness - CORRECT ANSWER Satisfy the customer in terms of Cost, quality and timeliness of the delivered product or service. The principal customers for the product or service provided by the system are the users and line managers, acting on behalf of the American taxpayer. Determination and findings: - CORRECT ANSWER FAR 1. Determination is your conclusion, and the findings are what is used to justify and validate the determination. Justification and approvals: - CORRECT ANSWER FAR 6.303-1(a), 6.302, 6. Used when less than full and open competition is used. It is the justification for that use. Approval levels are based on dollar thresholds in the FAR and DFARS. Post Award Orientation is for: - CORRECT ANSWER FAR 42- 5 For full understanding of the contract and ensure everyone is on board with the same understanding of the requirements. Standards of conduct: - CORRECT ANSWER FAR 3. Must be absolutely ethical in what you're doing personally and on behalf of the government.- Four elements of a contract - CORRECT ANSWER capacity mutual assent Consideration lawful purpose Implied Authority - CORRECT ANSWER Authority that is not expressed or written into the contract, but which the agent is assumed to have in order to transact the business for the principal. specified authority - CORRECT ANSWER Those very specific tasks that are outlined in the contract.
Express Authority - CORRECT ANSWER The authority contained in your warrant. Who you are, what agency you work for, and how much you are able to obligate the government for. Actual authority - CORRECT ANSWER The authority act on behalf of an agent. The COR is a good example of actual authority. It is given by the KO, but very narrow in scope. Profit - CORRECT ANSWER A driver and motivator for a contractor. Who has the capacity to contract? - CORRECT ANSWER Of age, of sound mind, have the capacity to contract and understand the obligations, terms and conditions of the contract. Cannot have diminished capacity due to drugs or alcohol. Market Research - CORRECT ANSWER (FAR Part 10) Commercial Items - CORRECT ANSWER A type of product customarily used by the general public. Government wants to drive acquisitions to commercial items... If an RA comes to you, attempt to guide them to a commercial solution. Can the non-commercial requirement be met with a commercial solution? 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 Feedback: See FAR 12.207(a) Does the Government's policy to require prime contractors to incorporate, to the maximum extent practicable, commercial items or non-developmental items as components of items supplied to the agency, apply to subcontractors at all levels? - CORRECT ANSWER Yes. Feedback: See FAR 12.101(c) The Government has a requirement for computer equipment. The program office indicates that its users will have no need for performance capabilities beyond the minimum technical specifications stated in the purchase request. Which source selection process would be most appropriate in this situation? - CORRECT ANSWER Lowest price technically acceptable
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 Feedback: See FAR 10. .Terms that address specific types of exchanges with offerors after receipt of proposals include: - CORRECT ANSWER Communications, discussions, and clarifications Feedback: See FAR 15. In a competitive source selection, does the FAR require you to have the exact same "discussions" with each offeror in the competitive range? - CORRECT ANSWER No, discussions are tailored to each offeror's proposal. With limited exceptions, a Contractor Performance Assessment Reporting System (CPARS) report is required: - CORRECT ANSWER When the contract dollar value exceeds the simplified acquisition threshold A contractor is developing their pricing strategy in a competitive environment. Knowing the required effort will result in follow-on contracts, the contractor submits an offer below anticipated costs with the plan to recover any losses by increasing the price on follow-on efforts. This pricing strategy is referred to as: - CORRECT ANSWER Buying-in Contracting officers shall provide property to contractors only when it is clearly demonstrated that: - CORRECT ANSWER The overall benefit to the acquisition significantly outweighs the increased cost of administration. Feedback: See FAR 45. What agency does DoD typically delegate contract administrative responsibilities for supply contracts? - CORRECT ANSWER Defense Contract Management Agency Feedback: See FAR 42.201(b) Quality assurance on contract actions valued below the simplified acquisition threshold (SAT) is: - CORRECT ANSWER Minimal, unless a special circumstance exists
. Which type of solicitation may require the submission of certified cost or pricing data? - CORRECT ANSWER Request for proposals You have a requirement for an online subscription to Engineering News Record. The site owner requires payment before they will provide the license code number to activate the annual subscription. Which payment form is required? - CORRECT ANSWER An advance payment . Which of the following best describes the purpose of proposal analysis? - CORRECT ANSWER To ensure the price is fair and reasonable When late in paying an otherwise acceptable invoice, the Government will: - CORRECT ANSWER Pay an interest penalty Feedback: See FAR 32.907(a) A purpose of a postaward orientation is to: - CORRECT ANSWER Achieve a clear and mutual understanding of all contract requirements Feedback: See FAR 42.501(a) In commercial contracting, what quality system is utilized? - CORRECT ANSWER The contractor's Feedback: See FAR 12. Which of the following are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated? - CORRECT ANSWER Clarifications Feedback: See FAR 15.306(a) What is the Government's policy as it relates to controversies with a contractor during performance of the contract? - CORRECT ANSWER Attempt to resolve conflict at the contracting officer's level. 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 Feedback: See FAR 12.403(c)
In briefing prenegotiation objectives for approval, contracting officers should ensure their briefing slides are: - CORRECT ANSWER Simple and concise Which offerors receive an amendment on a solicitation that has yet to close? - CORRECT ANSWER All parties receiving the solicitation Feedback: See FAR 15.206(b) 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. Feedback: See FAR 1.102-4(d) With few exceptions, which one of the following statements is true regarding awarding contracts to U.S. Government employees? - CORRECT ANSWER A contracting officer shall not knowingly award a contract to a Government employee Josh, a Government contract specialist, received several offers on a request for proposal (RFP) that was set aside for a small business. In order to avoid unnecessary work, what should be the first thing Josh should ensure when he reviews each proposal? - CORRECT ANSWER The proposal is from a small business. Feedback: See FAR 19.501(a)(1) Which of the following documents would the contracting officer use to document the purpose, description, and outcome of negotiations? - CORRECT ANSWER Price Negotiation Memorandum Feedback: See FAR 15.406-3(a) An overarching principle for responding to questions from all potential offerors is: - CORRECT ANSWER Fairness Feedback: See FAR 1.102(b)(3) According to the FAR, acceptance of supplies or services is the responsibility of whom? - CORRECT ANSWER The contracting officer Feedback: See FAR 46.
When a potential contractor is developing a proposal where cost analysis will be performed, the potential contractor will need to ensure it has excluded from the proposal any costs that are: - CORRECT ANSWER Expressly unallowable Feedback: See FAR 31.201- 6 Which is an essential element of Alternative Dispute Resolution (ADR)? - CORRECT ANSWER A voluntary election by both parties to participate in the ADR process Feedback: See FAR 33. Quality assurance policies and procedures found in FAR part 46: - CORRECT ANSWER Apply to both the Government and contractor Feedback: See FAR 46. You have determined that FAR part 12 applies to your commercial item requirement. Which of the following contract types is appropriate when using FAR part 12 procedures? - CORRECT ANSWER Firm- fixed-price Feedback: See FAR 12. Of the following types of contracts, which shall not be used in Government contracting? - CORRECT ANSWER Cost-plus-a-percentage-of-cost Feedback: See FAR 16.102(c) The Government's preferred remedy to nonconforming goods or services is: - CORRECT ANSWER Allow the contractor to repair or replace the nonconforming items, as long as there is still time left within the required delivery schedule. Feedback: See FAR 46. Unless an exception exists, and in accordance with FAR part 15-Contracting by Negotiations, noncommercial contracts and solicitations will be awarded utilizing what contract format? - CORRECT ANSWER The uniform contract format
Feedback: See FAR 12.403(a) Which acquisition situation would warrant an exception to the requirement for certified cost or pricing data? - CORRECT ANSWER Commercial item acquisition 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 each has been met Whenever a contracting officer is required to publicize notice of proposed contract actions in the Governmentwide point of entry (GPE), they must: - CORRECT ANSWER Establish a common response time for all offerors from the date of publication Feedback: See FAR 5. You are a DoD contracting officer and have used simplified acquisition procedures under FAR part 13 to award a commercial purchase order for supplies. Given only this information, which form is most appropriate to use should you need to modify your purchase order? - CORRECT ANSWER Standard Form 30, Amendment of Solicitation/Modification of Contract Which FAR part is the best source of information regarding competition requirements? - CORRECT ANSWER FAR part 6 Feedback: See FAR 6. To the maximum extent practicable, acquisition officials shall state requirements of supplies or services in terms of functions to be performed, performance required, or: - CORRECT ANSWER Essential physical characteristics Feedback: FAR 11.002(a)(2) In ensuring overall quality of items and services received under a contract, which of the following is the responsibility of the Government? - CORRECT ANSWER Quality assurance surveillance Feedback: See FAR subpart 46.
What underlying principle should the contracting officer follow to avoid organizational conflicts of interest? - CORRECT ANSWER Prevent unfair competitive advantage Feedback: See FAR 9. Where in the FAR is contracting by negotiation covered? - CORRECT ANSWER FAR part 15 Feedback: See FAR part 15 When a contractor submits a Certificate of Current Cost or Pricing data, it is certifying that: - CORRECT ANSWER The data submitted in support of a negotiations are current, accurate, and complete. Feedback: See FAR 15.406- 2 Prenegotiation objectives: - CORRECT ANSWER Establish the Government's initial negotiation position Feedback: See FAR 15.406-1(a) Except when authorized otherwise, a Government contract: - CORRECT ANSWER Must be in writing Feedback: See FAR 2.101, definition of a contract A contractor employee accidentally broke a test fixture that belongs to the Government and is accountable to a Government contract. Generally speaking: - CORRECT ANSWER Contractors are not held liable for loss of Government property. After release of the solicitation, who must be the focal point of any exchange with potential offerors? - CORRECT ANSWER The contracting officer Feedback: See FAR 15.201(f) & FAR 15.303(c) When can a time-and-materials (T&M) contract be used? - CORRECT ANSWER A T&M contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs Feedback: See FAR 16.601(c)
What part of the FAR covers terminations? - CORRECT ANSWER FAR part 49 Feedback: See FAR part 49 Does the Government have the right to inspect a product before it is accepted? - CORRECT ANSWER Yes, always. Feedback: See FAR 52.246- 2 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 Feedback: See FAR 2. The Government team is ready to request final proposal revisions. As a result, we know that: - CORRECT ANSWER Discussions have concluded Feedback: See FAR 15.307(B) Provisions and clauses should be incorporated by reference in solicitations and contracts: - CORRECT ANSWER To the maximum practical extent, rather than being incorporated in full text Feedback: See FAR 52.102(a) Market research is conducted during which phase of acquisition? - CORRECT ANSWER All phases of the acquisiton Feedback: See FAR 10.001(a)(2)(vi) What would be the preferred way to acquire an item in Government contracting? - CORRECT ANSWER Purchase the requirement as a commercial item. Feedback: See FAR 10.002(d) What is the objective of a source selection? - CORRECT ANSWER To select the proposal that represents the best value Feedback: See FAR 15.
When holding discussions with offerors in a source selection, all the following must be discussed EXCEPT: