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CFCM Sudy Section 3

FAR Parts 13-14

QuestionAnswer
Which FAR Part covers simplified acquisition procedures? FAR Part 13
What are simplified acquisition procedures? Those methods for making purchases of supplies and services, including construction, research and development, and commercial items, the aggregate of which does not exceed the simplified acquisition threshold ($150K)
What methods are included in simplified acquisition procedures? 1. purchase orders 2. blanket purchase agreements 3. Governmentwide commercial purchase cards 4. imprest funds (petty cash) 5. third party drafts
Are there purchases above the simplified acquisition threshold that simplified processes can be used for? Yes, commercial items acquisitions that do not exceed $7M including options
What is the goal of simplified acquisition procedures? 1. reduce administrative $ 2. improve opportunities for small business & small disadvantaged business concerns to obtain fair proportion of gov cons 3. promote efficiency & economy in contracting 4. avoid unnecessary burdens for agencies & contractors
When should simplified acquisition procedures be used? all purchases of supplies/services not exceeding the simplified acquisition threshold (including purchases below the micro-purchase threshold), unless rqmts can be met by using rqd sources of supply, existing IDIQ contracts, or other established contracts
True or False: It is up to the contracting officers discretion if purchases above the micro-purchase threshold ($3,500) and below the simplified acquisition threshold ($150K) should be set aside for small business. False: Generally, purchases above the purchases above the micro-purchase threshold ($3,500) and below the simplified acquisition threshold ($150K) are reserved exclusively for small business concerns and shall be set aside
What contracting officers decisions for acquisitions at or below the simplified acquisition threshold are not subject to review under subpart 19.4 - cooperation with small business administration? 1. A decision not to make an award under the 8(a) program 2. A decision not to set aside an acquisition for HUBZone small business concerns, service disabled veteran-owned, EDWOSB or WOSB concerns
provisions from which FAR Part shall be included in each written solicitation under a set-aside? FAR Part 19 - Small Business Programs
If a set-aside solicitation is oral, how are the appropriate provisions from FAR Part 19 - Small Business Programs provided to the potential offerors? Information substantially similar to FAR Part 19 shall be provided to the offerors
True or False: Acquisition officials may break down requirements into several purchases in order to utilize simplified acquisition procedures False: Acquisition officials are prohibited from breaking down requirements to use simplified acquisition procedures
In addition to other considerations, contracting officers are to: 1. promote competition to the maximum extent practicable 2. establish reasonable deadlines for submission of responses to solicitations 3. consider all quotations/offers received on time, & 4. use innovative approaches to maximum extent practicable
Is a quotation an offer? No, and consequently cannot be accepted by the government to form a binding contract.
When does a contract come into being? When the supplier accepts the order (I.e. through confirmation in writing) by furnishing the requested supplies or by proceeding with the work to the point where substantial performance has occurred
What is the contracting officers primary source of vendor information? The System for Award Management (SAM) database
Does the contracting officer have to ask for a new quote for each simplified acquisition purchase? No, the contracting officer may use a standing price quotation so long as it is current and the government obtains the maximum benefit of any discounts before award
True or False: The contracting officer may use his historical knowledge to solicit quotations based on personal preference, or restrict solicitation to suppliers of well-known and widely distributed makes or brands. False
What must the contracting officer clearly articulate when making an award using simplified acquisition procedures? The basis for award (i.e. price alone or price and other factors upon which the award will be made)
What are factors other than price which may be used as a basis for award under simplified acquisition procedures? Past Performance Quality
Does the contracting officer need to state the relative importance assigned to each award evaluation factor when using simplified acquisition procedures? No
If the government is using simplified acquisition procedures and not providing access to the notice of proposed contract action and solicitation information through the GPE, How can maximum practicable competition ordinarily obtained? By soliciting quotations or offers from sources within the local trade area.
How many sources of competition should be sought to promote competition to the maximum extent practicable? Unless the contract action requires synopsis pursuant to 5.101 (Methods of Dissemination) and an exception under 5.202 )synopses of proposed contract actions - exceptions) not applicable, at least three sources should be sought.
Per FAR Part 13.104 (Promoting Competition) how many sources should be sought that were not on the previous solicitation? Two sources
Who can authorize solicitation from one source? The Contracting Officer
What must the contracting officer determine in order to approve solicitation from one source? That the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreement)
Is the aggregate value of all options included in a solicitation part of the factors that determine if simplified acquisition (<$150,000) procedures are proper to use? Yes, Options may be included if the aggregate value the acquisition, including all options, does not exceed the simplified acquisition threshold of $150,000.
True or False: The FAR prescribes narrow and well defined evaluation procedures for proposal evaluation. False: The contracting officer has broad discretion in fashioning suitable evaluation procedures.
Are the evaluation procedures described in FAR Parts 14 - Sealed Bidding and 15 - Negotiation mandatory for simplified acquisition procedures? No, however, at the contracting officers discretion, one or more, but no necessarily all, evaluation procedures may be used.
If using price and other factors in evaluating a response under simplified acquisition procedures, what must the contracting officer ensure? That quotations or offers can be evaluated in an efficient and minimally burdensome fashion.
Are formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers required under simplified acquisition procedures? No
How should a contracting officer evaluate offers under simplified acquisition procedures? Contracting Officers are encouraged to comparatively evaluate offers and to evaluate other factors (e.g. past performance) based on information such as knowledge of and previous experience with the supply or service being acquired.
What must the contracting officer determine prior to the award of a simplified acquisition? That the proposed price is fair and reasonable
What is the preferred method for determining a price fair and reasonable for a simplified acquisition? price reasonableness based on competitive quotations or offers
When price reasonableness based on competitive quotations or offers is not possible, what other methods of determining price reasonableness? 1. Market Research 2. Prices found reasonable on previous purch 3. Price lists 4. Catalogs 5. Adverts 6. Similar items in related industry 7. value analysis 8. personal knowledge 9. Independent Govt Cost Est (IGCE) 10. Any other reasonable basis
In regards to simplified acquisitions, how should contracting officers handle related items (small hardware items or spare parts for vehicles)? Include related items in one solicitation and make the award an "all-or-none" or "multiple award" basis, provided suppliers are so advised
In regards to simplified acquisitions, how should provisions and clauses be incorporated? by reference provided the requirements in 52.102 (Incorporating Provisions and Clauses) are satisfied
In regards to simplified acquisitions, what should the contracting officer do in regards to trade and prompt payment discounts? Make maximum effort to obtain trade and prompt payment discounts.
In regards to simplified acquisitions, should prompt payment discounts be considered in the evaluation of quotations? No
In regards to simplified acquisitions, when should bulk funding be used? Bulk funding should be used to the maximum extent practicable.
What is bulk funding? A system whereby the KO receives authorization from a fiscal and accounting officer to obligate funds on purch docs against a lump sum of funds rsvd for the purpose for a specified period of time rather then obtaining indiv oblig auth on each purch doc
When is bulk funding appropriate? When numerous purchases using the same type of funds are to be made during a given period.
What FAR Part covers simplified acquisition procedures applied to those actions at or below the micro-purchase threshold ($3,500)? FAR Part 13.2
What is the preferred method to purchase and pay for micro-purchases (<$3,500) The Governmentwide commercial purchase card
What must the contracting officer determine in order to allow micro-purchases to be awarded without soliciting competition? That the price is reasonable
Do purchases at or below the micro-purchase threshold (<$3,500) have to be conducted using only certain procedures listed in FAR 13.3? No, purchases at or below the micro-purchase threshold may be conducted using any of the methods described in FAR 13.3 (Simplified Acquisition Procedures)
Do micro-purchases require competitive quotations? No, so long as the contracting officer determines the price as reasonable.
Should the contracting officer always take action to verify that a price below the micro-purchase threshold (<$3,500) is reasonable? No, only when the contracting officer suspects or has information to indicate that the price may not be reasonable, or when no comparable pricing information is available
When may micro-purchase procedures be used for purchases above the threshold (<$3,500)? For certain contingency operations or defense against or recovery from attacks. <$20K in the US and <$30K outside the US
What FAR Part covers simplified acquisition methods? FAR Part 13.3
What FAR Part covers the Governmentwide commercial purchase card? FAR Part 13.301
What is the Governmentwide commercial purchase card authorized for? Use in making and/or paying for purchases of supplies, services, or construction and may be used by contracting officers and other designated officials
What may the Governmentwide commercial purchase card be use to do? 1. Make micro-purchases 2. place a task or delivery order (if authorized in the basic contract, basic ordering agreement, or blanket purchase agreement) 3. make payments, when he contractor agrees to accept payment by the card
What are simplified acquisition methods? 1. Governmentwide commercial purchase card 2. Purchase Orders 3. Blanket Purchase Agreements 4. Imprest funds and third party drafts 5. The SF 44 Purchase Order-Invoice-Voucher
What FAR Part covers Purchase Orders? FAR Part 13.302
What is a Purchase Order? an offer by the government to buy supplies or services, including construction and R&D, upon specific terms and conditions, using simplified acquisition procedures.
True or False: Purchase orders can be placed with any contract type (FFP, T&M, etc.) False, Purchase Orders can only be Firm Fixed Price, unless an unpriced purchase order is used.
What method of payment is required for most purchase orders? Electronic Funds Transfer (EFT)
What should the contracting officer do when obtaining oral quotes for a purchase order? Inform the quoter of the RFT clause
When should an unpriced purchase order be used? For supplies or services, the price of which is not established at the time of issuance of the order. e.g. a repair that requires disassembly prior to a firm price being established.
What limitations should be placed on an unpriced purchase order? A realistic monetary limitation, either for each line item or for the total order.
Is a written acceptance of a purchase order modification required? No, unless determined by the contracting officer to be necessary to ensure the contractor's compliance with the purchase order or otherwise required by agency regulation
How is a purchase order terminated? The action taken is dependent upon the circumstance, if the contractor has accepted the purchase order or not.
If the contractor has accepted the purchase order, how is it terminated? The contracting officer shall proceed with the termination procedure appropriate for the item covered by the order, commercial item procedure or non-commercial item procedure.
If the contractor has not accepted the purchase order in writing, how is it terminated? the contracting officer notifies the contractor of the termination in writing and requests written acceptance.
If the contractor accepts the termination of a purchase order in writing does the contracting officer have further actions? No
If the contractor attempts to recover costs from starting performance on a purchase order that has been terminated, what should the contracting officer do? Handle the issue as either a commercial item or non-commercial item termination
What FAR Part covers Blanket Purchase Agreements? FAR Part 13.303
What is a Blanket Purchase Agreement (BPA)? a simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply.
When is a Blanket Purchase Agreement (BPA) appropriate? 1. For a variety of items, exact items, quantities, & delivery requirements not known 2. One or more offices in an area need to order but don't have/need authority to purchase 3. Writing of numerous POs can be avoided 4. No existing requirements exists
When a BPA is being placed what parameters should the contracting officer establish? limit purchases to individual items or commodity groups or classes, or permit the supplier to furnish unlimited supplies or services.
What criteria should the contracting officer consider about each vendor before establishing a BPA? 1. Past performance has shown the vendor to be dependable 2. the vendor offers quality supplies or services at consistently lower prices 3. the vendor has provided numerous purchases at or below the simplified acquisition threshold ($150K)
True or False: BPAs should only be established with one vendor per supply or service False: BPAs may be established with more than one supplier to provide maximum practicable competition
True or False: BPA must be established with more than one supplier False: BPAs may be established with a single firm from which numerous individual purchases at or below the simplified acquisition threshold ($150K) will likely be made in a given period
True or False: BPAs may be established with Federal Supply Schedule contractors True, if not inconsistent with the terms of the applicable Schedule contract.
What must be included in a BPA? 1. a description of the agreement 2. the extent of the obligation 3. pricing 4. purchase limitations 5. authorized individuals 6. delivery tickets 7. invoices
When is a BPA considered complete? 1. The purchases under them equal their total dollar limitation, if any 2. when their stated time period expires
How often should the contracting officer perform a BPA review? At least annually
Should the contracting officer review all BPA's annually? No, the contracting officer should review a sufficient random sample of BPAs at least annually
In regards to BPA review, what does the contracting officer need to maintain awareness of? 1. changes in market conditions 2. sources of supply 3. other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements
What FAR Part covers Imprest Funds and Third-Party drafts? FAR Part 13.305
What is an Imprest Fund? a cash fund of a fixed amount established by an advance of funds (Petty Cash)
True or False: Anyone can manage an Imprest Fund False: Only a duly appointed cashier can disburse cash from an imprest fund
True or False: Cash from an Imprest Fund can be used to pay for a purchase of any size False: Imprest funds should only be used to pay for relatively small purchases
What is a Third-Party draft? an agency bank draft, similar to a check
When may imprest funds or third-party drafts be used? 1. imprest fund transaction does not exceed $500 2. third-party draft transaction does not exceed $2,500 3. advantageous to the government 4. use complies with any additional agency or regulatory conditions
What should purchases made using imprest funds or third-party drafts be based on? 1. an authorized purchase requisition, 2. contracting officer verification statement or, 3. another agency approved method of ensuring that adequate funds are available for the purchase
True or False: Imprest Fun or third-party draft purchases should be placed orally without soliciting competition True if the prices are considered reasonable
Are clauses required for an imprest fund or third-party draft purchase? No, the purchase and delivery are simultaneous
What FAR Part covers the forms that can be used for an imprest fund or third-party draft when a written order is necessary? FAR Part 13.307(e)
What FAR Part covers the SF 44 Purchase Order-Invoice-Voucher? FAR Part 13.306
What is an SF 44 Purchase Order-Invoice-Voucher? a multipurpose pocket-sized purchase order form.
What is an SF 44 Purchase Order-Invoice-Voucher designed for? on-the-spot, over the counter purchases of supplies and nonpersonal services while away from the purchasing office or at isolated activities
When may an SF 44 Purchase Order-Invoice-Voucher be used? 1. purchase is at or below micro-purchase threshold ($3,500) 2. supplies or services immediately available 3. one delivery & one payment will be made 4. use is determined to be more economical and efficient than other simplified acquisition procedures
Other than as a purchase order, what else can an SF 44 Purchase Order-Invoice-Voucher be used for? 1. receiving report 2. invoice 3. public voucher
What FAR Part covers fast payment procedure? FAR Part 13.4
What is a fast payment procedure? a procedure that allows payment, under limited conditions, to a contractor prior to the government's verification that supplies have been received and accepted
When are fast payment procedures generally used? When an individual order does not exceed $35,000 and delivery must occur at a geographically separated location that would make it impractical to make timely payment based on evidence of government acceptance
What do fast payment procedures provide for payment based on? the contractors submission of an invoice
What does a contractors submission of an invoice under fast payment procedures constitute? the contractors representation that the supplies have been delivered to a post office, common carrier, or point of first receipt by the government
By submitting an invoice under simplified acquisition procedures, what does the contractor agree to do in regards to supplies not received at the destination, damaged in transit, or not conforming to the purchase order? Replace, repair, or correct the defective item
When does title to the supplies pass to the government under fast payment procedures? Upon delivery to a post office, common carrier for mailing or shipment to destination. (or upon receipt by the government if postal service or common carrier are not used)
Who is responsible for determining the amount of debts resulting from failure of a contractor to correct a shipment under fast payment procedures? The Contracting Officer
What FAR Part covers Simplified Procedures for Certain Commercial Items? FAR Part 13.5
What is the purpose of FAR Part 13.5 Simplified Procedures for Certain Commercial Items? To vest the contracting officer with additional procedural discretion and flexibility, so that commercial item acquisitions not exceeding $7M, including options, may be purchased using simplified acquisition procedures
What FAR Part covers Sealed Bidding? FAR Part 14
What is Sealed Bidding? A method of contracting that employs competitive bids, public opening of bids, and awards.
What are specific steps included in Sealed Bidding? 1. Preparing an invitation for bids 2. publicizing the invitation 3. submission of bids 4. evaluation of bids 5. contract award
What FAR Part covers the use of sealed bidding? FAR Part 14.1
Who is the award made to under sealed bidding? The responsible bidder whose bid is responsive to the terms of the invitation for bids (IFB) and is most advantageous to the government.
What may be considered in determining the most advantageous offer under sealed bidding? Only price and price-related factors
What contract types may be awarded with sealed bidding Only firm-fixed-price and fixed-price with economic price adjustment contracts
What FAR Part covers solicitation of bids? FAR Part 14.2
What contract format should Invitation for Bids conform to? To the maximum extent practicable, the uniform contract format
What acquisitions are invitation for bids not used for? 1. construction 2. shipbuilding 3. subsistence items 4. supplies/services requiring special contract forms 5. FFP or FP EA using the simplified contract format
Why are reasonable bidding times established? To avoid unduly restricting competition or paying higher than necessary prices
What are reasonable bidding times based on? 1. degree of urgency 2. complexity of requirement 3. anticipated extent of subcontracting 4. If pre-solicitation notices were used 5. geographic distribution of bidders 6. normal transmittal time for both invitations and bids
For those actions over the simplified acquisition threshold ($150K) what is the minimum bidding time when synopsis is required? 30 calendar days
What is a bid sample? a sample to be furnished aby a bidder to show the characteristics of a product offered in a bid.
When shall bidders be required to provide a bid sample? When there are characteristics of the product that cannot be described adequately in the specification or purchase description.
What will bid samples be used for? Only to determine the responsiveness of the bid and not to determine the bidders ability to produce the required items
True or False: Bid samples may only be examined for required characteristics that are adequately described in the specification False: bid samples may be examined for any required characteristic, whether or not such characteristic was described adequately in the specification.
When can a bid be rejected based on the bid sample? Bid will be rejected as nonresponsive if the sample fails to conform to each of the characteristics listed in the invitation
What products are bid samples appropriate for? suitable from the standpoint of: 1. balance 2. facility of use 3. general "feel" 4. color 5. pattern 6. other characteristic that cannot be described adequately in the specification
What is descriptive literature? Information such as cuts, illustrations, drawings, and brochures which shows the characteristics or construction of a product or explains it operation
What is the purpose of descriptive literature? Provided by the bidders as a part of their bids to describe the products offered.
What information is included in descriptive literature? Only information required to determine acceptability of the product
What information is excluded from descriptive literature? Information furnished in connection with the qualifications of a bidder or for use in operating or maintaining equipment.
When shall bidders be required to furnish descriptive literature? when the contracting office needs it to determine before award whether the products being offered meet the specification and to establish exactly what the bidder proposes to furnish
When is the reason for requiring descriptive literature not required to be set forth in the contract file? When such submission is required by formal specifications (federal, military, other) applicable to the acquisition
Who has the authority to waive the requirement for descriptive literature? The Contracting Officer
What might the effect of descriptive literature with a restriction that prevents public disclosure of that literature? The restriction may render the bid nonresponsive
When might a bid be rendered nonresponsive due to a restriction on the public disclosure of descriptive literature? If it prohibits the disclosure of sufficient information to permit competing bidders to know the essential nature and type of the products offered of those element of the bid that relate to quantity, price, and delivery terms.
Can a restriction on the public disclosure of unsolicited descriptive literature have the potential to render a bid nonresponsive? No
Can contracting officers authorize facsimile bids? Yes
True or False: If facsimile bids are authorized, the contracting officer may, after the date set for bid opening, request the apparently successful offeror to provide the complete, original signed bid True
Can the contracting officer authorize electronic bids? Yes, the solicitation shall specify the electronic commerce method(s) that bidders may use.
When is a pre-bid conference generally used? In a complex acquisition as a means of briefing prospective bidders and explaining complicated specifications and requirements
What should a pre-bid conference NEVER be used for? as a substitute for amending a defective or ambiguous invitation
True or False: Invitations for Bid (IFB) may be canceled for any reason with a justification from the contracting officer. False: IFBs should not be canceled unless cancellation is clearly in the public interest
What are two examples of reasons why an IFB would be canceled? 1. There is no longer a requirement for the supply or service 2. Amendments to the IFB would be of such magnitude that a new invitation is desirable
When an other than electronic IFB is canceled, what steps must be taken? 1. bids that have been received shall be returned unopened 2. notice of cancellation shall be sent to all prospective bidders to whom invitations were issued
When an electronic IFB is canceled, what steps must be taken? 1. A general notice of cancelation shall be posted electronically 2. All bids received shall not be viewed 3. all bids received shall be purged from primary and backup data storage systems
Who has the authority to conduct discussions with prospective bidders regarding a solicitation? Only the contracting officer, superiors having contractual authority, or others specifically authorized
Who has the authority to transmit technical and other information to prospective bidders? Only the contracting officer, superiors having contractual authority, or others specifically authorized
What information may be provided to prospective bidders in communications? General information that would not be prejudicial to other prospective bidders may be furnished upon request (e.g. explanation of a specific contract clause)
How should specific information or clarifications to an Invitation be communicated to prospective bidders? by amending the solicitation
What information shall not be furnished to a prospective bidder? Information that alone, or together with other information, may afford a prospective bidder an advantage over others.
What FAR Part covers Submission of Bids? FAR Part 14.3
What must a bid comply with to be considered for award? 1. All material aspects of the invitation 2. Received by the exact time set for bid opening
When can a bid be withdrawn or modified? In writing before the exact time set for bid opening
If no time is specified on an Invitation for Bid (IFB), what time are bids due to the government? 4:30PM Local Time
What constitutes acceptable evidence to establish time of receipt at the government installation? 1. time/date stamp of such installation on the bid wrapper 2. other documentary evidence of receipt maintained by the installation 3. oral testimony or statements of government personnel
What should the contracting officer do with late bids not considered for award? Hold them unopened, unless opened for identification, until after award and then retained with other unsuccessful bids
What FAR Part covers opening of bids and award of contract? FAR Part 14.4
How should bids be handled after receipt but prior to opening and award? They should be kept secure, generally locked in a bid box, safe, or in a secured, restricted-access electronic bid box.
When the time for bid opening occurs, what should the bid opening officer do? Personally and publicly open each bid, read the bid aloud to those present, and ensure that the bids are recorded.
Who may attend a bid opening? For unclassified bids, anyone may attend. For classified bids, only the bidder or its representative may attend and only if they have the appropriate security clearance.
When may bid openings be postponed and who has the authority to do so? The contracting officer may postpone bid openings if they believe bids have been delayed in the mail for causes beyond control of potential bidders or if emergency/unanticipated events interrupt normal govmt processes rendering bid opening impractical.
When may IFBs be canceled and who has the authority to do so? The agency head may cancel IFBs only after they determine it to be appropriate in accordance with FAR 14.404-1.
Preservation of the integrity of the competitive bid system dictates that what must be done after bids have been opened? Award must be made to the responsible bidder who submitted the lowest responsive bid, unless there is compelling reason to reject all bids and cancel the invitation.
Why may individual bids be rejected? 1. fails to conform to the essential rqmts of the IFB 2. does not conform to the applicable specs, unless alternate bids is approved 3. fails to conform to the delivery schedule 4. conditions imposed that would modify rqmts of the IFB
True or False: A bid should be rejected if the bidder protects against future changes in conditions, such as increased costs, if total possible costs to the government cannot be determined. True
True of False: If a bid fails to state a price and indicates that the price shall be the "price in effect at the time of delivery", that bid should be rejected. True
True or False: If a bid states a price but qualifies it as being subject to the "price in effect at the time of delivery", that bid should be accepted as a price was stated that can be evaluated against other bids False
True or False: A bid should be rejected if the bidder qualifies their bid by stipulating that it should only be considered if the bidder receives (or does not receive) award under a separate solicitation. True
True or False: A bid should be rejected if it requires that the government determine that the bidders product meets applicable government specs or limits the rights of the government under any contract clause. True
Can a low bidder be requested to delete objectionable conditions from a bid? Yes, provided the conditions do not go to the substance (price, qty, quality, delivery), as distinguishable from the form, of the bid, or work an injustice on other bidders.
Can a contracting officer reject a bid solely on the basis of unreasonable price, both total and individual line items? Yes
Is price reasonableness the only price factor that can cause a bid to be rejected? No, if any line items or sub line items are materially unbalanced a bid can be rejected. e.g., the cost for an individual line is far less than it reasonably should be
Do bids received from any person who is suspended, debarred, proposed for debarment, or declared ineligible as of the bid opening date have to be rejected? Yes, unless the agency head determines in writing that there is a compelling reason to consider the bid
If a bid guarantee is required and the bidder fails to provide it, should the contracting officer allow a late submission of the bid quarantee? No, the bid should be rejected.
What should be done with all rejected bid packages? Rejected bid packages, along with any written findings with respect to such rejections, shall be preserved with the papers
After submitting a bid, if all of a bidders assets or that part related to the bid are transferred during the period between bid opening and award, can the transferee take over the bid? No, accordingly the contracting officer shall reject the bid unless the transfer is affected by merger, operation of law, or other means not barred by statute.
What is a minor informality or irregularity in a bid? An apparent mistake that is a matter of form and not substance.
How should a contracting officer handle an apparent clerical mistake in a bid? Request from the bidder a verification of the bid, calling attention to the suspected mistake.
Can clerical mistakes, apparent on its face, be corrected before award? Yes
What is the limitation on correcting non-clerical mistakes in a bid after opening but prior to award? Limited to bids that, as submitted, are responsive to the invitation.
Can a bid be corrected after opening in order to make them responsive to the invitation? No
What is the order of priority for contract award in the case of equal low bids? 1 Small business labor surplus area concerns 2. Other small business concerns 3. Other business concerns
If two or more bidders remain equal low bids after the order of priority, how should the award be handled? The contracting officer shall draw lots
What should the contracting officer do if a bid is received on time through electronic data interchange and is not readable? Immediately notify the bidder the bid will be rejected unless the bidder provides clear and convincing evidence of the content as originally submitted; or the condition of the bid was the governments fault
What should the contracting officer do if less than three bids are received? 1. make the award 2. examine the situation to determine the reason 3. initiate corrective action, if appropriate, to increase competition in future solicitations
Should prompt payment discounts be considered in the evaluation of bids? No
What FAR Part covers two stepped sealed bidding? FAR Part 14.5
What is two stepped sealed bidding? A combination of competitive procedures designed to obtain the benefits of sealed bidding when adequate specifications are not available
What are the two steps in two stepped sealed bidding? 1. Request for submission, evaluation, and discussion of technical proposals. No pricing is involved 2. submission of sealed bids by those who submitted acceptable technical proposals in step 1
What conditions must be met in order to use two stepped sealed bidding? 1. Specs or descriptions are not definite or complete or may be too restrictive 2. definite criteria exist for tech eval 3. more than one source is expected 4. sufficient time for two steps 5. FFP or FFP EPA will be used
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