WARRANT BOARD (SAT) QUESTIONS
& ANSWERS (RATED A+)
What are some of the benefits of competition? What Government inadequacies or
mistakes in the specifications/PWS could cause a lack of competition? -
ANSWERBenefits: Better price, innovative solutions, more choices, allows strengths
and weaknesses of vendors to be identified, allows us to spread the wealth
Inadequacies: Poorly defined requirement, too restrictive specifications (i.e. brand
name), proprietary technology, lack of market research, customer loyalty (i.e. RA
happy with current contractor)
As cited at FAR Part 12.403 Termination, the clause at 52.212-4 permits the
Government to terminate a contract for commercial items either for the convenience
of the Government or for cause. Please explain the difference between these two
types of terminations. - ANSWERTermination for cause.
- The paragraph in 52.212-4 entitled "Excusable Delay" requires contractors notify
the contracting officer as soon as possible after commencement of any excusable
delay. In most situations, this requirement should eliminate the need for a show
cause notice prior to terminating a contract. The contracting officer shall send a cure
notice prior to terminating a contract for a reason other than late delivery.
- The Government's rights after a termination for cause shall include all the remedies
available to any buyer in the marketplace. The Government's preferred remedy will
be to acquire similar items from another contractor and to charge the defaulted
contractor with any excess reprocurement costs together with any incidental or
consequential damages incurred because of the termination.
In almost all cases of termination for cause, the Gov't can use the remaining funds to
re-procure. This becomes an issue with many of our small ACS and Chaplain
services contracts; A spouse needs to PCS and the Gov't is reluctant to call that a
termination for cause, but if we don't, the garrison loses the funding to re-establish
the services.
Termination for the Government's convenience.
When the contracting officer terminates a contract for commercial items for the
Government's convenience, the contractor shall be paid -
- The percentage of the contract price reflecting the percentage of the work
performed prior to the notice of the termination for fixed-price or fixed-price with
economic price adjustment contracts, or
, - An amount for direct labor hours (as defined in the Schedule of the contract)
determined by multiplying the number of direct labor hours expended before the
effective date of termination by the hourly rates(s) in the Schedule; and
- Any charges the contractor can demonstrate directly result
What determines a "personal" vs. "nonpersonal" services contract? -
ANSWERPersonal:
1. Appearance of employer/employee relationship between Govt and contractor
2. Requires HCA approval
3. Only authorized by law
Nonpersonal:
1. Consumer/provider relationship
2.Contractor directs his employees
Define market research and why we do it. What are some examples of techniques
for market research? - ANSWERMarket research means collecting and analyzing
information about capabilities within the market to satisfy agency needs.
Market research is conducted to—
Ø Determine if commercial items or non-developmental items are available to meet
the Government's needs.
Ø Customary practices regarding customizing, modifying or tailoring of items to meet
customer needs and associated costs;
Ø Customary practices, including warranty, buyer financing, discounts, contract type
considering the nature and risk associated with the requirement, etc., under which
commercial sales of the products are made;
Ø The requirements of any laws and regulation unique to the item being acquired;
Ø The availability of items that contain recovered material and items that are energy
efficient
Ø The distribution and support capabilities of potential suppliers, including alternative
arrangements and cost estimates; and
Ø Size and status of potential sources
Some techniques are --
Ø Contacting knowledgeable individuals in Government and industry regarding
market capabilities to meet requirements;
Ø Reviewing the results of recent market research undertaken to meet similar or
identical requirements;
Ø Publishing formal requests for information in appropriate technical or scientific
journals or business publications;
Ø Obtaining source lists of similar items from other contracting activities or agencies,
trade associations or other source;
Revising catalogs and other general available product literature published by
manufacturers, distributors, and dealers or available on-line.
FAR 12 is used in conjunction with the policies and procedures for solicitation,
evaluation and award prescribed in what other parts of the FAR? - ANSWERPart 13,
Simplified Acquisition Procedures
Part 14, Sealed Bidding
Part 15, Contracting by Negotiation
& ANSWERS (RATED A+)
What are some of the benefits of competition? What Government inadequacies or
mistakes in the specifications/PWS could cause a lack of competition? -
ANSWERBenefits: Better price, innovative solutions, more choices, allows strengths
and weaknesses of vendors to be identified, allows us to spread the wealth
Inadequacies: Poorly defined requirement, too restrictive specifications (i.e. brand
name), proprietary technology, lack of market research, customer loyalty (i.e. RA
happy with current contractor)
As cited at FAR Part 12.403 Termination, the clause at 52.212-4 permits the
Government to terminate a contract for commercial items either for the convenience
of the Government or for cause. Please explain the difference between these two
types of terminations. - ANSWERTermination for cause.
- The paragraph in 52.212-4 entitled "Excusable Delay" requires contractors notify
the contracting officer as soon as possible after commencement of any excusable
delay. In most situations, this requirement should eliminate the need for a show
cause notice prior to terminating a contract. The contracting officer shall send a cure
notice prior to terminating a contract for a reason other than late delivery.
- The Government's rights after a termination for cause shall include all the remedies
available to any buyer in the marketplace. The Government's preferred remedy will
be to acquire similar items from another contractor and to charge the defaulted
contractor with any excess reprocurement costs together with any incidental or
consequential damages incurred because of the termination.
In almost all cases of termination for cause, the Gov't can use the remaining funds to
re-procure. This becomes an issue with many of our small ACS and Chaplain
services contracts; A spouse needs to PCS and the Gov't is reluctant to call that a
termination for cause, but if we don't, the garrison loses the funding to re-establish
the services.
Termination for the Government's convenience.
When the contracting officer terminates a contract for commercial items for the
Government's convenience, the contractor shall be paid -
- The percentage of the contract price reflecting the percentage of the work
performed prior to the notice of the termination for fixed-price or fixed-price with
economic price adjustment contracts, or
, - An amount for direct labor hours (as defined in the Schedule of the contract)
determined by multiplying the number of direct labor hours expended before the
effective date of termination by the hourly rates(s) in the Schedule; and
- Any charges the contractor can demonstrate directly result
What determines a "personal" vs. "nonpersonal" services contract? -
ANSWERPersonal:
1. Appearance of employer/employee relationship between Govt and contractor
2. Requires HCA approval
3. Only authorized by law
Nonpersonal:
1. Consumer/provider relationship
2.Contractor directs his employees
Define market research and why we do it. What are some examples of techniques
for market research? - ANSWERMarket research means collecting and analyzing
information about capabilities within the market to satisfy agency needs.
Market research is conducted to—
Ø Determine if commercial items or non-developmental items are available to meet
the Government's needs.
Ø Customary practices regarding customizing, modifying or tailoring of items to meet
customer needs and associated costs;
Ø Customary practices, including warranty, buyer financing, discounts, contract type
considering the nature and risk associated with the requirement, etc., under which
commercial sales of the products are made;
Ø The requirements of any laws and regulation unique to the item being acquired;
Ø The availability of items that contain recovered material and items that are energy
efficient
Ø The distribution and support capabilities of potential suppliers, including alternative
arrangements and cost estimates; and
Ø Size and status of potential sources
Some techniques are --
Ø Contacting knowledgeable individuals in Government and industry regarding
market capabilities to meet requirements;
Ø Reviewing the results of recent market research undertaken to meet similar or
identical requirements;
Ø Publishing formal requests for information in appropriate technical or scientific
journals or business publications;
Ø Obtaining source lists of similar items from other contracting activities or agencies,
trade associations or other source;
Revising catalogs and other general available product literature published by
manufacturers, distributors, and dealers or available on-line.
FAR 12 is used in conjunction with the policies and procedures for solicitation,
evaluation and award prescribed in what other parts of the FAR? - ANSWERPart 13,
Simplified Acquisition Procedures
Part 14, Sealed Bidding
Part 15, Contracting by Negotiation
