ADVANCED CONTRACT FORMATION AND ADMINISTRATION
Examination Questions 1. Describe the three levels of competition permitted under the Competition in Contracting Act (CICA). Give an example of each. a. Full and open competition;
Full and open competition means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. It is the preferred form of contracting and includes contracting by sealed bids, negotiation, and other procedures. Example: b. Full and open competition after exclusion of sources
Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources c. Other than full and open competition
Under this method, a bid or proposal is solicited from one, or very few, sources. Detailed justification and approvals are required to document the choice of other than full and open competition as a means of acquisition. Example: The Department of Homeland Security, Office of Procurement Operations, proposes to enter into a contract on a basis other than full and open competition. DHS has a requirement on a sole source basis to upgrade and maintain proprietary software at an estimated cost of $7,550,000. List the name and address of the proposed contractor(s).

2. What is meant by the term “ratification” of a contract action? Who has the authority to ratify and give an example where ratification might be appropriate?
Ratification means the execution by an authorized Contracting Officer, of a document retroactively formalizing a contract action of an individual who acted without contracting authority or a Contracting Officer who acted beyond his or her delegated authority.
Unauthorized action means a contract action taken by an individual without contracting authority or a contract action by an individual acting beyond the limits of his or her delegated contracting authority. 3. When should a contracting officer hold a post award debriefing with an unsuccessful contractor? What shall a contracting officer NOT include in the debriefing? What form can it take and what are the benefits, if any, to the contracting agency? What does an unsuccessful contractor hope to accomplish with a post award debriefing?
The post-award debriefing is held after award to either the unsuccessful or successful contractor. The contracting officer should not discuss a point by point comparison of the debriefed contractor’s proposal with those of other contractors. He should not divulge privileged commercial or financial information, or trade secrets.
The best form debrief can take is always prepare and make a detailed agenda. This is important because being unprepared is the surest way to lose credibility and the confidence of the contractor. A detailed agenda also deters protests since it provides a clear understanding to the vendor of the agency’s evaluation process and the basis for the source selection decision. It fosters a relationship of trust between the contracting agency and the vendor. It also promotes future competition, improves the quality of future contractors, and improves the quality of future solicitations. Lastly, it demonstrates mutual respect and concern.
Benefits to an unsuccessful contractor are; it reduces cost to obtain information, it enhances the quality of future proposals, and it improves the vendor decision-making capabilities because now you’ve reduced misunderstandings and a gap of knowledge

4. Part 15 of FAR (Contracting by Negotiation) establishes procedures for negotiated procurements. The procedures contemplate “discussions”. What are they? What does the term “meaningful discussions” mean as opposed to “not meaningful”. Give an example of each.
Negotiated procedure means the procedure whereby the Contracting Authorities consult the economic operators of their choice and negotiate the terms of the contract with one or more of these. The Contracting Authorities negotiate the terms of the contract with the contractors.
Meaningful discussions identify deficiencies and significant weaknesses in each contractor’s proposal that could reasonably be addressed to materially enhance the contractor’s potential for receiving the award. They are to be tailored to each contractor’s proposal. FAR section 15.306(d)(1). For example, a government contracting agency fails to conduct meaningful discussions where it does not tell the contractor that your prices were viewed as unreasonably high.
Meaningful discussions occur when a contracting agency substantively communicates with the contractor either to obtain information essential to decide the acceptability of his proposal or to give him an opportunity to revise or change your proposal in some material respect.

5. FAR 15.304(c)(3)(i) make past performance a mandatory evaluation factor for negotiated procurements expected to exceed the simplified acquisition threshold. Does a government contracting officer have a duty to explore this evaluation factor in greater detail than what an offeror provides in its response?
Under FAR.304 (c)(3)(ii) For solicitations involving bundling that offer a significant opportunity for subcontracting, the contracting officer must include a factor to evaluate past performance indicating the extent to which the offeror attained applicable goals for small business participation under contracts that required subcontracting plans
Are there risks in cases where the selections are made relying on better past performance reports when all other evaluation factors are basically equal?

How is this factor rated when an offeror has no past performance under a federal government contract?

6. Describe and discuss how contract type’s influence cost/price issues. Give two examples of Contract types and what would be an appropriate use for each. Who picks the contract type for a government contract?
Contract type is negotiated between the contracting agency and the contractor so as to result in reasonable contractor risk and provide the contractor with the greatest incentive for efficient and economical performance.
Under a fixed-price contract the contractor must deliver the product or perform the service for a pre-set firm fixed price or ceiling established in the contract. This contract type places upon the contractor maximum risk, full responsibility for all costs and resulting profit or loss, provides maximum incentive for the contractor to control costs and perform effectively, and imposes a minimum administrative burden upon the contracting parties.
Under a cost-reimbursement contract, the contractor agrees to expend its best efforts to achieve the specified requirement, within the estimated amount established in the contract. If the contract is not fully performed at the time the contractor expends the funds, the contractor has no obligation for further performance, unless the contract is modified to increase the funds. 7. What are the ways the government can maximize competition? What does “maximize” mean in the context of the Competition in Contracting Act?

8. You are the Contracting Officer for a competitive acquisition of engineering and technical support. The solicitation was issued as an RFP under FAR Part 15. The offerors were advised that government will conduct discussions (see FAR 52-215-1, Alternate 1) Before any of the proposals are received, you decide that only those proposal that receive a rating of “Good” or “Outstanding” will be in the competitive range.. Your decision is proper? True or False. Explain your answer. 9. Bid protests may be brought against a federal agency at all of the places identified below except for one? Select that one. a. Government Accountability Office; b. United States Court of Federal Claims c. An appropriate Board of Contract Appeals; and d. The Agency itself.
Answer: An appropriate Board of Contract Appeals 10. Maestro Industries, Inc., is a small business subcontractor to the Big X Enterprises, Corporation (BXEC) on an acquisition for aviation maintenance services. BXEC submits a proposal. The proposals are evaluated and another contractor is selected for the award. Maestro is incensed over this decision and immediately files a bid protest with the Government Accountability Office. Can GAO properly hear this protest? True or False. Explain your answer.
GAO cannot properly hear this protest. Maestro Industries, Inc., is not an interested party as prescribed under section (a) of the clause (FAR. 33. 103), which states that; (1). Interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
(2) In a public-private competition conducted under Office of Management and Budget Circular A–76–76 regarding performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under OMB Circular A–76, interested party also means A. The official responsible for submitting the Federal agency tender, and B. Any one individual, designated as an agent by a majority of the employees performing that activity or function, who represents the affected employees.
The bid protest from Big X Enterprises, Corporation (BXEC), can be heard by GAO since they are the actual contractor whose direct economic interest would be affected by the failure to award a contract. Therefore, Maestro Industries, Inc. bid protest cannot be heard. 11. In the above procurement mentioned in question 10. MAINWARING, Inc. (another unsuccessful offeror) decides to file a protest with the GAO. Can the Agency continue performing the contract while the protest is pending? What must the agency do in order to continue the contract? What are the consequences of continuing if the GAO rules in favor of the Protestor? Be specific.
The agency cannot continue performing the contract while the protest is pending. The contracting officer shall consider the protest and seek legal advice, whether protest is submitted before or after award and whether filed directly with the agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims. (b) If the GAO rules in favor of the Protestor, the head of the agency may take any action that could have been recommended by the Comptroller General had the protest been filed with the Government Accountability Office, pay appropriate costs as stated in 33.104(h), and require the awardee to reimburse the Government’s costs.