DAWIA Contracting flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Market Research

FAR Part 10 requires agencies to conduct market research before developing requirements or soliciting offers to determine commercial availability, customary terms, and small business capability.

Acquisition Plan

A written plan required for acquisitions at or above the simplified acquisition threshold; it documents the competition approach, contract type, source selection method, milestones, and risk mitigation.

Firm-Fixed-Price Contract

Places maximum risk on the contractor for cost performance and is suitable when requirements are clearly defined, performance risk is low, and cost allowability rules do not apply.

Cost-Reimbursement Contract

Pays allowable incurred costs up to a stated estimated total, requires an adequate accounting system, and limits fee to a percentage of estimated cost; it is not used for commercial items.

Simplified Acquisition Threshold

Currently $250,000; acquisitions at or below it use streamlined procedures and reduced synopsis requirements and are reserved for small business concerns unless not practicable.

Order of Precedence Clause

FAR 52.215-8 resolves conflicts in a contract: the schedule, solicitation provisions, specifications and drawings, attachments, and the contractor's proposal govern in that order.

Responsibility Determination

Under FAR 9.104-1 a prospective contractor must affirmatively demonstrate capability, capacity, credit, integrity, tenacity, and adequate past performance before award is made.

Certificate of Competency

An SBA certificate that certifies a small business concern's responsibility and overrides a contracting officer's nonresponsibility determination, except on limited grounds such as lack of integrity.

Sealed Bid Responsiveness

A sealed bid must conform to the invitation's material terms at bid opening; a materially nonconforming bid is rejected and generally cannot be corrected after opening.

GAO Bid Protest Deadline

A protest must be filed within 10 days of when the protester knew or should have known the basis, or 10 days after a requested postaward debriefing.

Competitive Range

Comprises the most highly rated proposals; the contracting officer conducts discussions with all offerors in the range and may limit the range for efficiency.

Two-Step Sealed Bidding

Step one evaluates unpriced technical proposals; step two invites priced bids only from offerors whose technical proposals were found acceptable, with award made on price.

Miller Act Bonds

Construction contracts exceeding $150,000 require performance and payment bonds; acceptable alternatives include irrevocable letters of credit or a tripartite escrow agreement.

Cost Reasonableness

A cost is reasonable if it does not exceed what a prudent person would incur under competitive circumstances; FAR 31.201-3 lists factors such as prudence and market prices.

Certified Cost or Pricing Data

Required for negotiated contracts over $2 million unless an exception applies, such as adequate price competition, commercial item acquisition, catalog prices, or an approved waiver.

Defective Pricing

Occurs when certified cost or pricing data were inaccurate, incomplete, or not current as of agreement on price; the government recovers the resulting overpayment plus interest.

Weighted Guidelines

The FAR 15.404-4 method for establishing profit or fee that weighs performance risk, contract type, cost risk, investment, and cost-efficiency factors.

Provisional Billing Rates

Temporary indirect cost rates used to pay invoices during performance; they are later audited and replaced by final rates that settle allowable incurred costs.

Limitation of Cost Clause

Requires the contractor to notify the contracting officer when costs approach the estimated total and limits government liability beyond that amount absent notification and additional funding.

Prompt Payment Act

Requires agencies to pay proper invoices within 30 days of receipt, adds interest penalties for late payment, and encourages capture of early-payment discounts.

Changes Clause

Permits the contracting officer to order changes within the contract's general scope unilaterally; the contractor then submits a proposal for an equitable adjustment in price or time.

Constructive Change

Government conduct such as defective specifications, unauthorized direction, or unreasonable inspection that has the effect of a formal change order and supports an equitable adjustment claim.

Termination for Convenience

The government may terminate when in its interest; the contractor recovers allowable costs, work performed, settlement expenses, and profit on work done, but no anticipatory profit.

Termination for Default

A breach-based termination; the government may reprocure and charge excess costs, but excusable delay or improper notice may convert it to a termination for convenience.

Novation Agreement

A tripartite agreement among the government, transferor, and transferee recognizing a successor in interest after a merger, sale, or transfer of assets.

Contract Disputes Act

Governs contract claims; the contracting officer issues a final decision appealable to a board within 90 days or to the Court of Federal Claims within 12 months.

Fair Opportunity (IDIQ)

Orders under multiple-award IDIQ contracts must generally be competed among awardees; exceptions include urgency, sole source, and logical follow-on of a prior order.

GSA Schedule Ordering

Under FAR Subpart 8.4, agencies issue RFQs to schedule contractors, obtain at least three quotes when practicable, and document the basis for selection.

Option Period Limit

FAR 17.204(e) generally limits the basic period plus all option periods to five years unless a specific statutory or regulatory exception applies.

Other Transaction Authority

Agreements outside the FAR, authorized by 10 U.S.C. 2371b for prototype projects with nontraditional contractors, which may lead to follow-on production without further competition.

Mentor-Protégé Program

Allows an approved mentor to assist a protégé small business and permits the resulting joint venture to be treated as small for covered procurements.

Task Order Protest

GAO jurisdiction over task and delivery orders is limited to orders above a statutory dollar threshold or allegations that an order exceeds the contract's scope, period, or maximum value.