NCMA CFCM cheat sheet

FAR structure: Parts 1–53 are the regulation text; Subchapter A (Parts 1–3) covers general provisions, definitions, and improper business practices, while Parts 4–53 address acquisition planning through forms.

FAR is issued jointly under the authority of the Secretary of Defense, the Administrator of GSA, and the Administrator of NASA (FAR 1.103); agency supplements (DFARS, GSAM, NFS) implement but cannot conflict with the FAR.

Order of precedence for resolving conflicts: statute, then FAR, then agency supplements, then internal agency guidance - a contract clause inconsistent with statute is unenforceable to that extent.

The Competition in Contracting Act (CICA) requires full and open competition unless a specific exception in FAR 6.302 applies (only one responsible source, unusual and compelling urgency, industrial mobilization, international agreement, authorized by statute, national security, public interest).

Micro-purchase threshold: $10,000 generally, but $50,000 for acquisitions to support contingency operations or to facilitate defense against cyber/terrorist attack; micropurchases may be made without competitive quotes (FAR 2.101, 13.201).

Simplified Acquisition Threshold (SAT) is $250,000 and SAT-level awards may use simplified procedures; the Certified Cost or Pricing Data threshold (TINA) is $2,000,000, requiring certified data absent an exception (FAR 15.403-4).

Sealed bidding (FAR Part 14) requires a firm-fixed-price contract, award without discussion, and responsiveness to the IFB; negotiated procurement (Part 15) permits tradeoffs and discussions and is used when sealed bidding is not appropriate.

The FAR System includes the FAR, agency acquisition regulations, and the Defense Acquisition Regulations System; deviations require agency-head approval and must be documented (FAR 1.4).

Contracting officer authority is delegated by a warrant; only a CO can bind the Government, and a COR's authority is limited to the scope stated in the appointment letter (FAR 1.602-1, 1.602-3).

Ratification of an unauthorized commitment requires the ratifying official to have authority, a legal review, and a determination that the Government received value; funds must have been available at the time of the commitment (FAR 1.602-3).

Procurement Integrity (FAR 3.104) bars disclosing contractor bid or proposal information or source selection information before award and imposes a post-employment ban on certain former officials for one year on specific programs.

Organizational conflict of interest arises when a contractor's other activities or relationships impair objectivity; FAR Subpart 9.5 requires identification, evaluation, and avoidance, neutralization, or mitigation.

Improper business practices under FAR Subpart 3.3 include kickbacks (Anti-Kickback Act, 41 U.S.C. 8701–8708), contingent fees, and gratuities; violations can result in suspension, debarment, or criminal referral.

Suspension and debarment (FAR Subpart 9.4) exclude contractors for up to 3 years for suspension and 3 years for debarment, with causes including fraud, antitrust violations, and willful noncompliance.

The Competition Advocate, the Procurement Ombudsman (for agency-level protests), and the GAO bid protest forum (31 U.S.C. 3551–3556) provide external oversight of award decisions; GAO protests must be filed within 10 days of award or debriefing.

The Prompt Payment Act requires payment within 30 days of a proper invoice (or discount terms), with interest penalties for late payment (FAR 32.9).

Acquisition planning (FAR Part 7) requires a written plan for acquisitions above the SAT, addressing competition, contract type, source selection, and milestone schedule; the plan must be approved consistent with agency procedures.

Market research (FAR Part 10) must precede solicitation development and is used to determine availability of commercial items, small business capability, and appropriate contract type and terms.

Contract type selection follows FAR 16.103: firm-fixed-price when requirements are well defined and risk is low; cost-reimbursement when uncertainty is high and cost controls exist; incentive and award-fee types when performance can be measured.

Cost-plus-percentage-of-cost and cost-plus-incentive-fee contracts are prohibited for use in the acquisition of commercial items; the CPFF contract is the most common cost-reimbursement type when the level of effort is fixed.

The Truthful Cost or Pricing Data statute (TINA, 10 U.S.C. 3701–3708) applies to negotiated contracts over $2,000,000 absent an exception; a Certificate of Current Cost or Pricing Data is required and must be updated through the date of agreement on price.

The J&A for a noncompetitive action must be approved at a level based on dollar value (e.g., $700,000 for DoD, $750,000 for civilian agencies for certain authorities) and posted publicly within 14 days of contract award (FAR 6.305).

The Buy American Act and the Trade Agreements Act apply to supply contracts; the Buy American Act threshold for manufactured end products is $2,500 for small purchases, while TAA thresholds vary by trade agreement (FAR 25.1, 25.4).

The Small Business Act requires maximum practicable opportunity for small business concerns; the set-aside rule applies when there is a reasonable expectation of two or more offers at fair market price (FAR 19.502-2).