2024: The FAR - Federal Acquisition Regulations, Part 42

Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos

1. 2024 Webinar Series The FAR: Federal Acquisition Regulations Understand the rules of the federal contracting game - and play to win ! J Schaus & Associates, WASHINGTON DC – [email protected]

2. 2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of THE FAR Typically held Wednesdays and Fridays, 12pm Complimentary Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on Slideshare.net Sponsor/Advertising Options Available J Schaus & Associates, WASHINGTON DC – [email protected]

3. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

4. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

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10. VA APEX ACCELERATOR - 2024 TRAINING EVENTS TUESDAY, AUGUST 6 th 1pm-3pm Marketing 101 For Federal Contractors: Attract The Primes, Attract The Government REGISTER: https://virginiaptac.ecenterdirect.com/events/4452 TUESDAY, NOVEMBER 12 th 9.30am-11.30am GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4456

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13. Federal Government Contractors SUMMER SOIREE Monday June 24 th John F Kennedy Center 530PM - 730PM Meet The FED GOV & Network with Contractors! TICKETS REQUIRED IN ADVANCE https://govsummer2024.eventbrite.com

14. SPONSORS – GOVERNMENT – IN-KIND SPONSORS Federal Government Contractors - SUMMER SOIREE Monday June 24 th - John F Kennedy Ctr - 530PM - 730PM SPONSORSHIPS OPPORTUNITIES AVAILABLE [email protected]

15. Federal Government Contractors SUMMER SOIREE Monday June 24 th - John F Kennedy Ctr - 530PM - 730PM SPONSORSHIPS OPPORTUNITIES AVAILABLE [email protected] MEET THE GOVERNMENT

16. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

17. The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – [email protected]

18. Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

19. 2024 Webinar Series THE FAR THE FAR – PART 42 J Schaus & Associates, WASHINGTON DC – [email protected]

20. 2024 Webinar Series THE FAR FAR PART #42: Contract Administration And Audit Services SPEAKER: Theresa Gonzalez FIRM: Cohn Reznick EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

21. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] Meet CohnReznick – Optimizing Performance CohnReznick’s Government Contracting Industry practice helps federal contractors optimize performance by providing strategic advice on compliance and federal regulations, while also providing a range of audit, tax, and business advisory services. We provide full life-cycle support of your contract, and as you seek to grow, we help you stay ahead of the curve by implementing proactive strategies to increase profitability and competitiveness, while minimizing the costs and effects of regulatory noncompliance.

22. 2024 Webinar Series - THE FAR FAR 42 Scope J Schaus & Associates, WASHINGTON DC – [email protected] 42.003 – Cognizant Federal Agency Cognizant Federal Agency is agency with the largest dollar amount of negotiated contracts Agency will remain cognizant for five years 42.002 – Interagency agreements Avoid duplicate audits, reviews, inspections, and examinations Requesting agency shall reimburse the servicing agency for services provided Procedures should be established to resolve issues that may arise “This part describes the policies and procedures for assigning and performing contract administration and contract audit services”

23. 2024 Webinar Series - THE FAR 42.1 Contract Audit Services J Schaus & Associates, WASHINGTON DC – [email protected] 42.102 – Assignment of Contract Audit Services Contracting officers can request audit services from the responsible audit agency cited in the “Directory of Federal Contract Audit Offices” Agency may decline requests on a case-by-case basis 42.101 – Contract Audit Responsibilities DCAA is responsible Government audit agency Responsible for reviewing financial and accounting information of the contractor(s) Submit information and advice to requesting agency 42.103 Contract Audit Services Directory DCAA maintains the “Directory of Federal Contract Audit Offices” Agencies can obtain a copy by contacting DCAA

24. 2024 Webinar Series - THE FAR 42.2 Contract Administration Services J Schaus & Associates, WASHINGTON DC – [email protected] 42.202 – Assignment of Contract Administration Delegating functions Advise of functions withheld from or delegated to the CAO Rescind functions Special surveillance Refuse delegation of contract administration 42.201 – Contract Administrator Responsibilities Perform functions listed at FAR 42.302 Request supporting contract administration DCMA as well as other agencies offer contract administration and support services 42.203 Contract Administration Services Directory DCMA maintains the “Federal Directory of Contract Administration Services Components”

25. 2024 Webinar Series - THE FAR 42.3 Contract Administration Office Functions J Schaus & Associates, WASHINGTON DC – [email protected] 42.302 – Contract Administration Functions 42.301 – General When contract administered under FAR 42.2; CAO performs contract administration functions Review Negotiate Determine Issue Resolve Ensure Monitor Perform Evaluate Other

26. 2024 Webinar Series - THE FAR 42.4 Correspondence and Visits J Schaus & Associates, WASHINGTON DC – [email protected] 42.402 – Visits to contractors’ facilities Government personnel must provide the cognizant CAO information regarding any visits that will take place to contractors’ facility Information that will be requested from the contractor will be reviewed by the CAO to decide if adequate 42.401 – Contract Correspondence Contractor should be notified of contract administration functions Copy of correspondence will be sent to Contracting Officer 42.403 - Evaluation of contract administration offices Inspections or evaluations will be under the direction of the applicable agency

27. 2024 Webinar Series - THE FAR 42.5 Postaward Orientation J Schaus & Associates, WASHINGTON DC – [email protected] 42.501 – General Aids both Government and contractor personnel Encouraged to assist certain socio-economic concerns Conducted promptly after award 42.502 – Selecting contracts for postaward orientation Contracting officer will take different details into consideration in determining if a postaward is necessary 42.503 – Postaward conferences Contracting officer is responsible for arranging the conference Typically, contract change is not the purpose of the meeting Chairperson will prepare and sign the report 42.504 – Postaward letters Letters or other form of written communication may be adequate to conduct the postaward orientation 42.505 – Postaward subcontractor conferences Prime contractor responsibility Government personnel may be invited

28. 2024 Webinar Series - THE FAR 42.6 Corporate Administrative Contracting Officer J Schaus & Associates, WASHINGTON DC – [email protected] 42.602 – Assignment and Location Contractor has two locations with ACO’s Factors are taken into consideration when initiating or discontinuing a CACO assignment Several factors are considered when a CACO is assigned 42.601 – General Assignment of Corporate Administrative Contracting Officer to handle contract administration functions for an entire organization 42.603 – Responsibilities CACO will perform for the entire organization contract administration functions that are designated by the applicable agency

29. 2024 Webinar Series - THE FAR 42.7 Indirect Rates J Schaus & Associates, WASHINGTON DC – [email protected] 42.702 Purpose 42.703 General 42.704 Billing rates 42.705 Final indirect cost rates 42.706 Distribution of documents 42.707 Cost-sharing rates and limitations on indirect cost rates 42.708 Quick closeout 42.709 Penalties for unallowable costs

30. 2024 Webinar Series - THE FAR 42.8 Disallowance of Costs J Schaus & Associates, WASHINGTON DC – [email protected] 42.802 – Contract clauses Clause 52.242-1, Notice of Intent to Disallow Costs should be included in solicitations and contracts that are of cost-reimbursable, fixed-price incentive type, or when price redetermination is contemplated 42.801 – Notice of intent to disallow costs Contracting officer may issue notice to disallow costs at any point during contract performance Contractor may respond to notice if in disagreement 42.803 – Disallowing cost after incurrence Different contract types that provide for disallowance of costs after costs have been incurred. Contracting officer receipt of vouchers Auditor receipt of vouchers Contractor disagreement of disallowance

31. 2024 Webinar Series - THE FAR 42.9 Bankruptcy J Schaus & Associates, WASHINGTON DC – [email protected] 42.902 – Procedures 42.901 – General Contract administration office should take action to determine impacts due to contractor bankruptcy Furnish notice of bankruptcy to legal counsel Determine amount of potential claim against contractor Actions to protect the Government’s interest

32. 2024 Webinar Series - THE FAR 42.11 Production Surveillance and Reporting J Schaus & Associates, WASHINGTON DC – [email protected] 42.1103 – Policy Contractor is responsible for timely contract performance Contracting officer will determine extent of surveillance 42.1104 – Surveillance requirements Contract administration office determines the extent of production surveillance Contracts less than the simplified acquisition threshold (SAT) do not require surveillance 42.1105 – Assignment of criticality designator A criticality designator is assigned based on the degree of importance 42.1106 – Reporting requirements Production progress reports may be required by contractors Contract administration office will review the reports for accuracy 42.1107 – Contract clause Clause 52.242-2, Production Progress Reports should be included in solicitations and contracts where production progress reports are required

33. 2024 Webinar Series - THE FAR 42.12 Novation and Change-of-Name Agreements J Schaus & Associates, WASHINGTON DC – [email protected] 42.1202 – Responsibility for executing agreements Determination of contracting officer responsible for novation or change-of-name agreements 42.1203 – Processing agreements Contractor submits written request Responsibilities of the contracting officer Determination if in Government’s best interest Assumption of liabilities should be identified in novation agreement 42.1204 – Applicability of novation agreements Prohibits transfer of Government contracts from the contractor to a third party Novation agreement not required when ownership in contractor is due to stock purchase Submission of signed agreements (3 copies) 42.1205 – Agreement to recognize contractor’s change of name Contractor to submit to contracting officer three signed copies of the change-of-name agreement.

34. 2024 Webinar Series - THE FAR 42.13 Suspension of Work, Stop-Work Orders, and Government Delay of Work J Schaus & Associates, WASHINGTON DC – [email protected] 42.1302 – Suspension of Work Ordered by the contracting officer for a reasonable period Contractor may request for increased in cost of performance 42.1303 – Stop-work orders Can be used, when appropriate Issued only if advisable to suspend work pending a decision Contracting officer to discuss with contractor and take appropriate action 42.1304 – Government delay of work Does not authorize the contracting officer to order a suspension, delay, or interruption of the contract work Contracting officer shall retain negotiations that may lead to adjustments made 42.1305 – Contract clause Clause 52.242-14 Stop-Work Order should be included in solicitations and contracts for supplies, services, or research and development

35. 2024 Webinar Series - THE FAR 42.15 Contractor Performance Information J Schaus & Associates, WASHINGTON DC – [email protected] 42.1501 – General Past performance information is pertinent information for source selection purposes Agencies should use the Contractor Performance Assessment Reporting System (CPARS) 42.1502 – Policy Past performance evaluations will be prepared at least annually Past performance information is entered into CPARS Past performance evaluations have requirements based on type of work 42.1503 – Procedures Agencies assign responsibility for completeness of past performance data The evaluation should describe the work scope (non-technical) Evaluations should be provided to the contractor as soon as possible 42.1504 – Contract clause Clause 52.242-5, Payment to Small Business Subcontractors will be inserted in solicitations and contracts that include clause 52.219-9 Small Business Subcontracting Plan

36. 2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] 42.16 – Small Business Contract Administration Contracting officer should respond within 30 days regarding a small business contract administration matter 42.17 – Forward Pricing Rate Agreements Negotiation of agreements can be requested by contracting officer, contractor, or administrative contracting officer Include cost or pricing data that is current, complete, and accurate Specific terms must be included Invalid agreements should be renegotiated

37. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #42: Contract Administration And Audit Services SPEAKER: Theresa Gonzalez FIRM: Cohn Reznick EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

38. 2024 Webinar Series THE FAR Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos J Schaus & Associates, WASHINGTON DC – [email protected]

39. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]