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Contracting
Week 6
67
Business
Graduate
02/19/2014

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Cards

Term
Procurement
Definition
The process required to acquire goods & services from outside the performing organization
Term
Objectives of the procurement process?
Definition
To obtain the goods and services for a program in accordance with the technical, quality, schedule, cost, and other performance objectives
Term
What is a contract?
Definition
A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them.
Term
Elements of a Contract
Definition
Offer
Acceptance
Consideration
Competency of parties
Legality of purpose
Certainty of terms
Term
Responsibility of PM
Definition
Meeting program objectives: cost, schedule, performance
Term
Responsibility of Contracting Officer
Definition
Providing procurement support to the PM. Authority derived from FAR
Only individual authorized to legally bind the Govts in contractual obligations.
Has authority to enter into, administer, & terminate contracts
Term
6 phases of the procurement process
Definition
Procurement Planning
Solicitation Planning
Solicitation
Source Selection
Contract Administration
Contract Close-Out
Term
Procurement Planning
Definition
Determining
Whether to procure
How to procure
what to procure
How much to procure
When to procure
Term
Solicitation Planning
Definition
Documenting product requirements and identifying potential sources
Term
Solicitation
Definition
Obtaining quotations, bids, offers, or proposals as appropriate
Term
Source Selection
Definition
Choosing from among potential offers
Term
Contract Administration
Definition
Managing the relationship with the contractor
Term
Contract Close-Out
Definition
completion and settlement of the contract, including resolution of any open items
Term
How is the procurement process integrated with the acquisition framework?
Definition
Procurement Process could be the vehicle for entering or continuing through the acquisition life-cycle
Term
What are the two types procurement methods?
Definition
Competitive (full & open competition)
Non-Competitive
Term
Name 2 Competitive Methods of procurement
Definition
Sealed Bidding
Competitive Negotiations
Term
What is a Noncompetitive Method of procurement?
Definition
Sole-Source
Term
Sole-source procurement allows only one contractor to provide a product or service and does not require approval.
(T/F)
Definition
False.
Does Require Approval
Term
Sealed bidding allows for lowest priced/tech acceptable (LP/TA) to be accepted.
(T/F)
Definition
True
Term
Competitive negotiations allows the government to get the best value and does not necessarily award the contract to the lowest bidder.
(T/F)
Definition
True.
Term
What objectives drive contract type selection?
(4 total)
Definition
1. Place as much cost responsibility on the contractor as is reasonable.
2. Reasonable allocation of risk between buyer & contractor
3. Provide contractor maximum amount of incentive
4. Minimize contract administration cost for both parties
Term
What factors should be considered when deciding on contract type?
(8 total)
Definition
1. Capability of seller's accounting system
2. Uncertainty in the cost estimate
3. Type & complexity of the requirements
4. Urgency of the requirement
5. Marketplace & competitiion
6. Seller's technical capability
7. Administrative costs to both parties
8. Size and amount of the contract
Term
Risk rests mainly with the contractor in Fixed Price Contracts.
(T/F)
Definition
True
Term
Fixed Price Contracts are used when risk of performance is High.
(T/F)
Definition
False.
LOW
Term
Contractors are obligated to deliver the requirement called for by the contract in Fixed Price Contracts.
(T/F)
Definition
True
Term
Contractors will receive more funding if additional costs are incurred in Fixed Price Contracts.
(T/F).
Definition
False.
Price is fixed
Term
Amount of profit earned is dependent on contractor's costs incurred in Fixed Price Contracts.
(T/F)
Definition
True
Term
Cost savings become profit while cost overrun increases loss in Fixed Price Contracts.
(T/F)
Definition
True
Term
Risk rests mainly with the Contractor in Cost Reimbursement Contracts.
(T/F)
Definition
False.
Risk rests with Government
Term
Fixed Price Contracts are used when risk of performance is high.
(T/F)
Definition
True
Term
Government is obligated to reimburse the contractor for all allowable, reasonable, and allocable costs incurred, and to pay a fee in accordance with the contract terms in Cost Reimbursement Contracts.
(T/F).
Definition
True
Term
Contractor agrees to provide "Best Effort" but will be penalized if they produce nothing Cost Reimbursement Contracts.
(T/F).
Definition
False.
Can produce nothing
Term
Cost savings return to the Government while cost overrun is paid for by the government Cost Reimbursement Contracts.
(T/F).
Definition
True
Term
List the 3 types of 'FEE'
Definition
Fixed Fee
Award Fee
Incentive Fee
Term
Fixed Fee
Definition
-Used with Cost contract - Cost Plus Fixed Fee (CPFF)
-Guarantees contractor the Fixed Fee amount
Term
Award Fee
Definition
-Award Fee pool (funding) available at contract initiation
-Award Fee Plan states criteria for percent of fee awarded
-Award Fee Board meets at award intervals to determine fee
-May include base fee which is fixed
Term
Incentive Fee
Definition
-Used to incentivize cost, schedule, or performance element improvement, based on quantifiable measurement...
-Cost - Uses a Share Ratio for cost savings stated in Govt./Contractor percentages
-Schedule - Early Delivery of acceptable product
-Performance - Measureable
-Fee determined through a calculation and is disputable
-May include specified minimum fee, always specifies maximum fee limit
-Contractor must be performing satisfactorily on all contract elements to qualify for incentive fee
Term
Discuss the relationship between requirement, buyer’s risk, and seller’s risk and contract type.
Definition
6-1_Contracts_Procurement.ppt
Slide 26
(Big Red Arrow)
Term
Purpose of the SOW
Definition
Establishes and defines in clear, understandable terms what the contractor must do (non-performance specification requirements) and what goods or services are to be provided for the contractor to get paid
Term
How is the SOW related to the WBS?
Definition
SOW tasks are derived from the SEP WBS using an IPPD Approach
Term
SOO
Definition
Statement Of Objectives
states hi-level objectives in broad terms
Result oriented
Intended to garner maximum innovation in contractor proposal
Term
What is one difference between the SOW and the SOO in regards to contracts?
Definition
The SOO does not become part of the contract.
Term
Contractors include a recommended SOW in their proposals.
(T/F)
Definition
True
Term
IFB
Definition
Invitation for Bid
Price based selection (must award LP/TA)
Discussion with bidders not allowed
More than 1 bidder expected
Term
RFP
Definition
Request for Proposal
Best-value based selection (LPTA or other than LPTA)
Discussion allowed
Term
Discuss the relationship between requirement, buyer’s risk, and seller’s risk and contract type.
Definition
6-1_Contracts_Procurement.ppt
Slide 26
(Big Red Arrow)
Term
Purpose of the SOW
Definition
Establishes and defines in clear, understandable terms what the contractor must do (non-performance specification requirements) and what goods or services are to be provided for the contractor to get paid
Term
How is the SOW related to the WBS?
Definition
SOW tasks are derived from the SEP WBS using an IPPD Approach
Term
SOO
Definition
Statement Of Objectives
states hi-level objectives in broad terms
Result oriented
Intended to garner maximum innovation in contractor proposal
Term
What is one difference between the SOW and the SOO in regards to contracts?
Definition
The SOO does not become part of the contract.
Term
Contractors include a recommended SOW in their proposals.
(T/F)
Definition
True
Term
IFB
Definition
Invitation for Bid
Price based selection (must award LP/TA)
Discussion with bidders not allowed
More than 1 bidder expected
Term
RFP
Definition
Request for Proposal
Best-value based selection (LPTA or other than LPTA)
Discussion allowed
Term
Discuss the relationship between requirement, buyer’s risk, and seller’s risk and contract type.
Definition
6-1_Contracts_Procurement.ppt
Slide 26
(Big Red Arrow)
Term
Purpose of the SOW
Definition
Establishes and defines in clear, understandable terms what the contractor must do (non-performance specification requirements) and what goods or services are to be provided for the contractor to get paid
Term
How is the SOW related to the WBS?
Definition
SOW tasks are derived from the SEP WBS using an IPPD Approach
Term
SOO
Definition
Statement Of Objectives
states hi-level objectives in broad terms
Result oriented
Intended to garner maximum innovation in contractor proposal
Term
What is one difference between the SOW and the SOO in regards to contracts?
Definition
The SOO does not become part of the contract.
Term
Contractors include a recommended SOW in their proposals.
(T/F)
Definition
True
Term
IFB
Definition
Invitation for Bid
Price based selection (must award LP/TA)
Discussion with bidders not allowed
More than 1 bidder expected
Term
RFP
Definition
Request for Proposal
Best-value based selection (LPTA or other than LPTA)
Discussion allowed
Term
Consideration
Definition
Each party gives something of value & receives something of value in return
Term
Competency of Parties
Definition
Both parties have to be competent at time of contract
Term
Legality of Purpose
Definition
Can't "Contract to Kill"
Term
Certainty of Terms
Definition
Terms & Conditions are sufficiently clear and each party understands their responsibilities
Term
Privity of Contract
Definition
The legal relationship between 2 contracting parties
Term
Government has "privity of contract" with its prime contractor
Definition
If the prime contractor subcontracts, the Govt. cannot go directly to the sub contractor.
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