CONTRACTING OFFICER WARRANT BOARD
EXAM 2025 CURRENTLY TESTING FINAL
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You are the PCO for a major You can accept the offeror's proposal under certain
competitive negotiated source circumstances. Firstly, what did the RFP say about alternate
selection. The RFP, which proposals? Is this a situation where requirements are changed
reflects the user's requirements and the other offerors should be allowed to propose on the
and is based on the user's basis of the changed requirements? You need to ask the user if
budget, has a requirement for he wants all 220 in the first year and are the operating locations
220 cargo loaders to be physically able to accommodate their loaders in the first year.
delivered at 55 per year over Finally, the offeror could be taken into discussions and asked to
the next four years. One offeror conform to the RFP with there being the possibility of not being
proposes to deliver all 220 selected for award or elimination from the competitive range if
loaders in the first year at a the proposal is not made compliant with the RFP.
dramatically reduced price. Can
you accept the offeror's
proposal? What factors should
you consider in your decision?
, There are a number of considerations for the colonel:
The desired additional speed should provide benefit to the
Government in order to justify the expenditure of funds to
You are the PCO on a new $2B
achieve it. The colonel should be able to articulate the
aircraft development program.
justification.
The program is in contract
The situation is very amenable to a classic performance incentive
negotiations for a Fixed Price
that would allow the contractor to earn profit for achieving the
Incentive (Firm Target) System
desired speed above and beyond what the final FPIF profit
Development and
would be for achieving threshold speed. If the contractor
Demonstration contract award
perceives this can't happen, he will either not sign up to the
to a sole source contractor. The
incentive or will ignore it from Day One.
program director, a fast-burning
The incentive and resulting payment have to be structured so as
young colonel, e-mails you that
to be based on observable, measurable results that would
she is very concerned with the
determine how much is earned by the contractor. Subjectivity is
aircraft's ultimate speed at the
not allowable under current AF policy without HCA approval.
full specification payload. She
We have to be very careful to understand what possible
would like the contractor to
unintended consequences could be caused by the existence of
achieve the faster, desired
this feature in the contract. For example, will the contractor
objective speed rather than the
reduce aircraft weight beyond safe limits in order to help achieve
mandatory threshold speed, and
the payment? Also, will the contractor consume excessive
thinks that an objective
schedule to get the extra speed?
performance incentive would
There has to be a cost incentive in place so that the contractor
be the way to go to achieve her
doesn't spend an unconstrained amount of money to win the
goal. You are asked to go to her
payment, such as under a CPFF contract. The FPIF share line
office and discuss the matter
serves this purpose when balanced against the incentive.
and the issues involved in using
The incentive has to be balanced with the FPIF share line so that
such an incentive. What do you
the contractor doesn't spend more money to achieve the desired
tell the colonel?
speed than he has potential to earn by receiving the payment.
Similarly, the contractor can't be allowed to spend an excessive
amount of money with little cost penalty to achieve success.
, When the principal purpose is to transfer a thing of value, to
carry out a public purpose of support or stimulation authorized
by law of the United States, it is Assistance.
Acquisition, by contrast, has the principal purpose of acquiring
property or services for the direct benefit or use of the United
States Government.
Federal agencies must be authorized by statute to support or
stimulate a public purpose. The statutory authority from
In some cases, Contracting Congress must exist either in broad legislation or in a program-
Officers are also Grants Officers. specific statute. Absent that statutory authority, a Grants Officer
They can award Grants and may not use an assistance instrument.
Assistance Instruments as well Authorities to issue Assistance can be of three types: (1) Provide
as contracts. What is Assistance? to the Secretary of Defense by statute, e.g., 10 U.S.C. 2391; (2)
How does it differ from Authority provided to DoD components that requires no
Acquisition? What gives the delegation by the Secretary of Defense, e.g., 10 U.S.C. 2358; (3)
Grants Officers their authority to Authority coming indirectly from statutes, i.e., federal statute
enter into assistance? What are authorizing a program that is consistent with using a grant or
the types of Assistance? cooperative agreement.
Two types of Assistance are Grants and Cooperative
Agreements. They differ in the following way: In a Grant,
substantial involvement is not expected between the agency and
the recipient. In Cooperative Agreement, substantial involvement
is expected between the agency and the recipient. Cooperative
Agreements, then, are particularly useful in the research arena
when the Government is interested in being involved in program
decisions or may be doing some testing or research themselves.
You are the Contracting Officer The statutory limitation on fee for CPFF type contracts do no
on a new Research and permit exceeding 15% of estimated cost for experimental,
Development program. developmental, or research performed under a CPFF contract.
Proposals were recently Since the proposed amount of fee is outside the statutory
received in response to a Broad limitations you need to determine what a fair and reasonable rate
Agency Announcement, and a is that falls within the limitations. The FAR recommends a
Cost Plus Fixed Fee contract structured approach for determining fee such as Weighted
type is anticipated. The proposal Guidelines. If a cost reasonableness review determines the
most favored by the technical estimated costs to be acceptable, we can still negotiate and
team was priced significantly adjust the fee.
under what was estimated for
the effort. The contractor
proposed fee in an amount that
equates to 20% of the estimated
cost. The users have more than
enough funds to cover the
proposal and want you to
accept the price as is. How
should you advise the user and
what factors should you
consider in determining a
reasonable fee?
, You are the Contracting Officer You should advise the PM that BAAs are a method of solicitation
for a well established transport and can only be used if the Government intends to award a
aircraft program. The program is contract. You might suggest that the development of the source
nearing the end of production. A list could be achieved by issuing a Sources Sought Synopsis with
Program Manager approaches the synopsis specifying the 2 step process (spec sheets first and
you requesting that you issue a then sample headsets from selected offerors), and the ultimate
Broad Area Announcement intent of the process, e.g., a source list for use by individual users
(BAA) to support the in future procurements. You might also advise the PM that there
development of a source list to could be liability issues associated with the use, handling, and
supply active noise reducing return of the headsets to the offerors and that it might be
headsets. The headsets are appropriate for the Government to cover shipping and any
commercially available from damage/wear to the units for the testing.
multiple sources and the PM
wants to receive performance
specification sheets from each
offeror and then request sample
headsets be submitted for
testing. The end result of the
effort will be the development
of a source list that can be used
by various government entities
to individually procure the
needed headsets for their
specific requirements. The PM
tells you that he will not be
procuring any of the headsets as
a result of the BAA. What do you
advise the PM?
A. If the contract award would have been proper if executed by
a warranted PCO, the price can be determined to be fair and
reasonable, and there must have been enough of the proper
type of funding available to pay for the item both at the time of
A. Under what circumstances is
the commitment and at the time of the ratification.
ratification of an unauthorized
B. An investigation is required to be completed within 30 days of
commitment permitted?
discovery of the unauthorized commitment explaining how and
B. In general, what are the
why it occurred, how future occurrences will be avoided, and
generic procedures for handling
describing any corrective actions taken against responsible
ratification actions?
individuals. Legal review is also required.
C. Who are the approval
C. The ratification approving official for all unauthorized
authorities for ratifications?
commitments valued at or above $1M is the SPE. The ratification
approving official for all Non-DISA unauthorized commitments
(regardless of amount) and DISA unauthorized commitments
valued below $1M is the HCA. (DARS 1.602-3(b)(2))