RFO PART 1
What is the primary purpose (Scope) of RFO Part 1?
To establish the framework and guiding principles for the Federal Acquisition Regulations System (the System) - RFO 1.000
IAW RFO 2.000(a)(1), RFO Part 2 Defines words and terms that are frequently used in the FAR.
What is the applicability of definitions found in other parts, subparts, or sections of the RFO outside of RFO Part 2?
IAW RFO 2.000(b) those definitions only apply to the part, subpart, or section where the word or term is defined.
What is a conflict of interest in contracting?
A situation where personal or financial interests could impair impartiality.
Required Sources of Supplies and Services
What is Part 8
You proceed with an acquisition approach because “that’s how the last contract was done.”
Allowed?
No.
Why: Past practice does not override FAR requirements or current analysis.
Under RFO 1.405 Ratification of unauthorized commitments, what does Ratification mean?
The act of approving an unauthorized commitment by an official who has the authority to do so.
What is the definition of Contract IAW RFO Part 2?
A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them.
What should you do if you suspect unethical behavior from a contractor?
Report through appropriate channels (chain of command, legal, IG, or ethics office).
Types of Contracts
What is Part 16
You skip documentation because the requirement is “low dollar.”
Allowed?
No.
Why: Documentation is always required to support decisions.
*Double Points*
IAW RFO 1.303 - Individual deviations and RFO 1.304 - Class deviations, who has the authority to issue deviations from the FAR/RFO?
Agency heads
*Double Points, must get all 3*
Commercially available off-the-shelf item or COTS item Means any item of supply that is--
(i) ____
(ii) ____
(iii) ____
(i) A commercial product
(ii) Sold in substantial quantities in the commercial marketplace, and
(iii) Offered to the Government without modification, in the same form in which it is sold in the commercial market place
A vendor gains access to non-public acquisition planning information through informal conversations with Government personnel.
What is the concern?
Compromises procurement integrity and fairness of competition.
Other Socioeconomic Programs
What is Part 26
You want to take an innovative acquisition approach not specifically described in the FAR, but it complies with law and policy.
Allowed?
Yes.
Why: IAW RFO 1.102(b)(4) acquisition team members may assume that if a specific strategy, practice, policy, or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, then they are allowed to use the strategy, practice, policy, or procedure.
What is the form used to appoint Contracting Officers? (name or number is acceptable)
IAW RFO 1.403-2(a)(1) Contracting officers must be appointed in writing, using a Standard Form (SF) 1402, Certificate of Appointment.
IAW RFO Part 2, "Must" means "Shall".
What does "Should" mean?
an expected course of action or policy that is to be followed unless inappropriate for a particular circumstance.
*Double Points*
IAW RFO 3.501-1, what is "Buying-in"?
submitting an offer below anticipated costs, expecting to—
(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or
(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract.
Protests, Disputes, and Appeals
What is Part 33
Due to conflicting schedules, a vendor offers to “brief you over lunch” during an active acquisition.
Allowed?
No.
Why: Violates ethics / gratuities concerns and appearance of partiality.
The Wing Director of Operations, a Senior Civilian (GS-15), directs you to proceed with an acquisition approach that conflicts with FAR guidance. Whose authority governs your action?
The Contracting Officer's authority and the FAR govern the action, not external direction from non-warranted personnel.
CO Authority is binding.
Rank/position is not equal to Contracting Authority.
A customer wants to issue an agreement where:
- The vendor provides services
- The Government provides no payment, only "exposure"
Does this meet the definition of a contract? Why or why not?
No - because a contract requires a mutually binding agreement with consideration, typically payment.
During a Site Visit, a Contractor explains that his brother was supposed to be coming into town and no longer will be able to make it. He offers you tickets to a sporting event they were planning to attend, explaining that he doesn't want or expect anything in return. What is the correct action to take?
Decline and report as necessary; accepting would violate ethics rules, specifically RFO 3.101-2 Solicitation and acceptance of gratuities by Government personnel.
Sustainable Acquisition, Material Safety, and Pollution Prevention
What is Part 23
Leadership strongly pressures you to pursue a specific vendor. You proceed, but document the file explaining the pressure and your decision.
Allowed?
No.
Why: Documentation does not legitimize improper influence or bias. CO's are responsible for ensuring a contract meets all requirements of law, EO's, and all other applicable procedures before signing a contract.