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SBPllO Fundam entals of the FAR for Small Business Professionals Lesson 1.3 - Use of the FAR and Uniform Contract Format RESOURCES 1 PRINT I HELP

Lesson Introduction

SBP 110 FAR Fundamentals for Small Business

Professionals

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SBPllO Fundamentals of the FAR for Small Business Professionals Lesson 1.3 - Use of the FAR and Uniform Contract Format RESOURCES I PRINT I HELP

Lesson Introduction TOC

SBP 110 FAR Fundamentals for Small Business

Professionals

Closed Capt ioning Katherine : In the last lesson we learned how the FAR and DFARS are organized. This lesson will allow you, the SBP, to use this information in researching citations for relevance to given situations. Select the Next button to learn more about using the FAR, DFARS, and important resources that will aid you in finding relevant rules for your research .

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Cindy.Philpot

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SBPllO Fundam entals of the FAR for Small Business Professionals Lesson 1.3 - Use of the FAR and Uniform Contract Format RESOURCES I PRINT I HELP

How Small Business Professionals Use the FAR/DFARS

Why should the SBP know and use the FAR?

SBPs must have •expert" knowledge in acquisition and small business as they are the •recognized" expert for their assigned organization and must be credible in the conduct of their SBP roles and duties. SBPs will:

• Advise the Contrac ting Officer and Acquisition Team on Small Business contracting matters

• Suggest alternatives for acquisitions such as using a Veteran owned S(a) small business rather than a larger company

• Lend credibili ty to their contribution

Examole 1 Ex a mple 2

Example 3 Example 4

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• Advise the Contracting Officer and Acquisition Team on Small Business contracting matters

• Suggest alterna tives for acquisitions such as using a Ve teran owned S(a) small business rather than a larger company

• Lend credibility to their contribution


Example 3 Example 4

Example 1 At headquarters Command, SBPs may report to General I Senior Officers and Senior Executive Service (SES)/GS directors. They serve as the Senior Advisor but perform SB functions across all the acquisitions spanning the Command en terprise.

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Example 3 Example 4

Example 2 In a field office, the SBP may report to the Installation (or equivalent) Commander. They serve as the Senior Advisor but they also perform Small Business functions across all the acquisitions at that Installation (or equivalent) .










Example 3 Example 4

Example3 At a Component, the SBP may report to Military Service OSBP Directors or Deputies and serve as Senior Advisors to those Directors or Deputies. At this level, the SBP will also advise the entire acquisition workforce, including all Component SBPs.










Example 3 Example 4

Example 4 : At the Agency level, SBPs may report to the Acquisition, Technology and Logistics (AT&L) OSBP Director or Deputy and serve as Senior Advisors to them as well as the entire acquisition workforce across the Agency, including OoO Component SBPs.

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How the SBP Maximizes Small Business Opportunities

Select each link to learn how the SBP can maximize small business opportunities and then select the Next button.

Market Research - FAR 10.00l(a)(2)(vi)

Synopsizing Not ices - FAR 5 .20l(c)

Prime Cont ract Opportunit ies - FAR subparts 19.5,8 , 12, 13, 14, 15

Subcontract Opportunities - FAR s ubpart 19.7

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Market Research - FAR 10.001(a)(2)(vi)

Synopsizing Notices - FAR 5.201( c)

Prime Contract Opportunities - FAR s ubparts 19.5,8,12,13,14, 15

Subco ntract Opportunities - FAR subpart 19.7

Market Research FAR 10.001Cal{2)(vi) 1) Market Research is critical for the Contrac ting Officer.

Please pay attention to the word "SHALL" in FAR 7.102, FAR parts 8 and 10, and FAR 19.202.

Remember, Market Research is not a choice, it's a mandate.

2) DFARS requires the use of market research to determine (A) Whether consolidation of contract requirements is necessary and justified and (B) Whether the requirements of FAR part 1 are met for setting aside the acquisition for small business ...

3 ) Market Research is the continuous process o f collecting and analyzing data on products, services, business practices, and vendor capabilities to satisfy agency needs.

4) FAR 10.00l(a)(2)(vi) requires "Market research methods in order to effectively identify the capabilities of small businesses ... •

Also see DFARS 210.00Hal(iil

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Market Research Synops izing Not ices

- FAR 10.00l(a)(2)(vi) FAR S.20llcl 1) FAR S.20l(c) states the primary purposes of the

(publicizing/synopsis] no tice is " to improve small business access to acquisi t ion in formation .. . "

Synopsizing Not ices - FAR 5 .20l(c)

Prime Cont ract Opportunit ies - FAR subparts 19.5,8, 12, 13, 14, 15


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SBPllO Fundamentals of the FAR for Small Business Pro fessionals RESOUR CES I PRINT I HELPlesson 1.3 - Use of the FAR and Uniform Contract Format



Ma rke t Researc h - FAR 10.001(a)(2)(vi )

Synopsizing Notices - FAR 5.201(c)

Prime Contract Opportunities - FAR s ubparts 19.5,8,12,13,14,15

Subcon t ract Opportunities - FAR subpart 19.7

Prime Cont ract Opportunities The following sections o f FAR part 19 provide for prime contracting opportunities for small businesses and small businesses in the socio-economic categories.

FAR subpart 19.S - Small Business FAR subpart 19.8 - B(a) Program FAR subpart 19.12 - Small Disadvantaged Business Program FAR subpart 19.13 - Historically Underutilized Business Zone Program FAR subpart 19.14 - Service -Disabled, Veteran-Owned Small Business Program FAR subpart 19.15 - Women- Owned Small Business Program

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Market Research Subcont ract Opportunities

- FAR 10.00l(a)(2)(vi) FAR suboart 19.7 1) FAR subpart 19.7 (Small Business Subcontracting

Program) provides for subcontracting opportunities for small businesses and small businesses in the socio -economic categories.Synopsizing Not ices

- FAR 5 .20l(c) Also see DEARS part 219. 7

Prime Cont ract Opportunit ies - FAR subparts 19.5,8, 12, 13, 14, 15


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Introduction of t he Uniform Contract Format

One way the SBP can help maximize small business participation is to research other contracts for information. This procedure is streamlined by the use of the Uniform contract Format (UCF). The UCF provides a standard format for Government contracts that simplifies finding information within the contract.

UCF Guidance

1) FAR 12.303 Contrac t Format refers to the difference between the UCF and the Commercial Contrac t Format

2) FAR 14.201- 1 through 14.201-5 describe the UCF for Invitations for Bid ( IFBs)

3) FAR 14.201- 9 describes t he Simplified Contract Format

4) FAR 15.204 specifies the UCF for Negotiated Acquisitions

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Brief Description of UCF

The UCF is covered in four parts, select each tab to learn the conten ts of each part.

Part 1 Part 2 Part 3 Part 4

"The Uo\tonn C ontract forma\

\UfC)

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Part 1 Sectio ns A t hrough H, The Schedule

1) Section A: Contract Form 2) Section 8: Supplies or Services and Price/Cost 3) Section C: Descriptions, Specifications, and SOW 4) Section D: Packaging and Marketing 5) Section E: Inspec tion Acceptance 6) Section F: Deliveries or Performance 7) Section G: Contract Administration Data 8) Section H: Special Contract Requirements

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SBPllO Fundam entals of the FAR for Small Business Pro fessionals Lesson 1.3 - Use of the FAR and Uniform Contract Format RESOURCES I PRINT I HELP




Part 2 Sectio n I , Cont ract Clauses

Sec tion I : Contrac t Clauses

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Part 3 Section J, List o f Document s, Ex h i bits, and Other Attac hments

Section J: List of Attachments






Part 4 (Solicitation Only): Section K t hroug h M, Re presentations and Instructions

1) Section K: Representations and Certifications 2) Section L: Instructions Condi tions and Notices 3) Section M: Evaluation Factors for Award



Four Parts of the FAR

Now that you know how the FAR is used and are familiar with the UCF layout, we can put the process of using them into action. Select each image to learn more, and then select the Reminder button for an important reminder.

REMINDER

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Part Scan the titles of the sections preceding the first subpart for titles such as " Scope of part", '\Applicability", \\Exceptions", \\Exclusions", \\Limitations", '\Waiver", etc . Remember to also check the DFARS and class deviations.

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Section Scan the section for express statements of applicability or exceptions to the rule . If the section contains subsections, scan the titles of the subsections for titles such as " Scope of section", '\Applicability", \\Exceptions", \\Exclusions", \\Limitations", '\Waiver", etc . Remember to also check the DFARS and class deviations.

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Subsection Scan the subsection for express statements of applicability or exceptions to the rule . Remember to also check the DFARS and class deviations.

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Subpart Scan the titles of the sections for titles such as " Scope of subpart", "Applicability", " Exceptions", \\Exclusions", \\Limitations", '\Waiver", etc . Remember to also check the DFARS and class deviations .



Four Parts of t he FAR

Now that y ou know how the FAR is used and are familiar with the UCF layout, we can put the process of using them into action. Select each image to learn more, and then select the Reminder button for an important reminder.

Reminder Check component supplements to the FAR. When reading a paragraph in FAR that contains the rule, look for express statements of applicability or exceptions to the rule. Remember to also check the DFARS and class deviations. Given any express statements of applicability or exceptions to the rule that you have found, determine if the rule applies given the REMINDER relevant facts about the acquisition.

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Finding Citations Relevant to a Given Situation

When finding a citation relevant to a given situation, first check the FAR to see if it contains the relevant rule. Select each image to learn more.

DFARS f\\\

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When finding a citation relevant to a given situation, first check the FAR to see if it contains the relevant rule . Select each image to learn more.

DFARS

Within the FAR, read the paragraph that contains the rule, then scan the subsections, sections, subparts and parts for express statements of applicability or exceptions to the rule and clarity on how the rule applies.

Check the section, subpart, and part where the rule is located for any specially defined words and terms used in the part, subpart, or section. If the rule contains any of the specially defined words or terms, read the definitions for those words or terms. If the rule uses any unclear words that are not specially defined in the part, subpart, or section, check FAR 2.101 for definitions of such words or terms.

The SBP needs to get a holistic, contextual understanding of the FAR reference . Remember to also check the DFARS, PG!, and class deviations.




When finding a citation relevant to a given situation, first check the FAR to see if it contains the relevant rule. Selec t each image to learn more.

DFARS

Check the DFARS for the rule if it is no t contained in the FAR or, if the rule is contained in the FAR, check the DFARS for text that implements or supplements the FAR. Scan the sec tion for express statements of applicabili ty or exceptions to the rule.

If the sec tion contains subsec tions, scan the titles of the subsec tions for titles such as " Scope of sec tion", '\Applicabili ty", \\Exceptions", \\Exclusions", \\Limitations", '\Waiver", e tc . Remember to also check the PGI, and class deviations.

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When finding a citation relevant to a given situation, first check the FAR to see if it contains the relevant rule. Selec t each image to learn more.

DFARS

Check the PG! for procedures, guidance and in formation that do not mee t the criteria for inclusion in the DFARS. Also look for unclassified memoranda, guidance and o ther Defense Procurement and Acquisition Policy (OPAP) procurement related policy documents. Remember to also check the DFARS and class deviations.

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When finding a citation relevant to a given situation, first check the FAR to see if it contains the relevant rule . Select each image to learn more.

DFARS

A " deviation" is defined as one or a combination of the situations listed below . Class deviations affect more than one contract action.

(a)The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. (b) The omission of any solicitation provision or contract clause when its prescription requires its use. (c ) The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR. (d) The use of a solicitation provision or contract clause prescribed by the FAR on a " substantially as follows" or " substantially the same as" basis, if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR. (e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR. (f) The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations as per FAR 1.301Cal .

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Four Parts of FAR, Cont.

Ensure that your interpretation follows the FAR conventions identified in FAR 1.108 for definitions, dollar thresholds, delegation of authority, and applicability.

To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR ~ DFARS ~ PGI ~ Class Deviation~ Agency+ Subordinate Commands For example: FAR ~ DFARS~ PGI~ Class Deviation~ USA~ AFMC

Select each image to learn more; then select Next to continue .

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To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR -+ DFARS -+ PGJ -+ Class Deviation-+ Agency-+ Subordinate Commands For example: FAR -+ DFARS -+ PGI-+ Class Deviation -+ USA~ AFMC

Select each image to learn more; then select Next to continue.

Check the DFARS for the rule if it is not contained in the FAR or, if the rule is contained in the FAR, check the DFARS for text that implements or supplements the FAR.

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To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR -+ DFARS -+ PG! -+ Class Deviation-+ Agency-+ Subordinate Commands For example: FAR -+ DFARS -+ PGI-+ Class Deviation -+ USA~ AFMC


Check the PG! for further procedures, guidance and instructions.

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To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR -+ DFARS -+ PGJ -+ Class Deviation -+ Agency+ Subordinate Commands For example: FAR -+ DFARS -+ PGI-+ Class Deviation -+ USA~ AFMC


Unless precluded by law, executive order, or regulation, deviations may be granted when necessary to meet the specific needs or requirements of an agency .

For DoD, the Director of OPAP issues class deviations. Senior Procurement Executives may also issue class deviations in accordance with DFARS 201.404. See FAR 1.101 and DFARS 201.404 for additional information.

The current DoD class deviations in effect can be found on the OPAP Web site .

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To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR -+ DFARS -+ PGI -+ Class Deviation-+ Agency-+ Subordinate Commands For example: FAR -+ DFARS -+ PGI-+ Class Deviation -+ USA~ AFMC


Check the FAR to see if it contains the relevant rule .

Check the part, subpart, and section where the rule is located for any specially defined words and terms used in the part, subpart, or section.

If the rule contains any of the specially defined words or terms, read the definitions for those words or terms. If the rule uses any unclear words that are not specially defined in the part, subpart, or section, check FAR 2.101 for definitions of such words or terms.

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To ensure that you have considered all regulatory guidance, review regulatory documents as follows: FAR ~ DFARS ~ PG! ~ Class Deviation~ Agency+ Subordinate Commands For example: FAR ~ DFARS~ PG!~ Class Deviation~ USA~ AFMC

Select each image to le Long Description

Flowchart depicting FAR to DFARS to PG! to Section, Subpart, Part to Rule .

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Important Resources

Reme mber:

While you need to become intimately familiar with the FAR/DFARS/PGI, you are not the de finitive FAR expert . I f you need help, ge t in touch with the Contrac ting Officer, your agency's policy office, or the headquarters Office of Small Business Programs.

Go to the Important Resources document for additional information.

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Final Thoughts for the SBP

Pay attention to current even ts that can a ffect the FAR and how it is interpreted. Select each tab for an example. You can also review cases from the Government Accountability Office.

U.S. Court of Appeals Dept. of Justice Office of Management and Budget

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Pay attention to current events that can affect the FAR and how it is interpreted. Select each tab for an example. You can also review cases from the Government Accountability Office.

U.S. Court of Appeals Dept. of Just ice Office of Management and Budget

U.S. Court o f Ap peals Decisions The U.S. Court o f Appeals for the Federal Circuit found that certain provisions regarding price evaluation adjustments for Small Disadvantaged Businesses implemented under the authority of a statute ( 10 United States Code (U.S.C.) 2323) was unconstitutional on its face in its 2008 decision in Rothe Developmen t Corporation v . Depar tment of Defense. In consideration of this case and the fact that 10 U.S.C. 2323 was expiring, the FAR Council amended the FAR to delete the provision for price evaluations for Small Disadvantaged Businesses and all other provisions of the statute.

See Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics & Space Adminis tra tion (NASA), FAR: Constitutionali ty o f Federal Contrac ting Programs for Minori ty-Owned and Other Small Businesses, 76 Federal Register (FR) 55849 (Sept. 9, 2011) .

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U.S. Court of Appeals Dept. o f Justice Office of Management and Budget

De partment of Justice Recommendations The FAR Council amended the FAR to require certain federal contrac tors and subcontrac tors to make " timely disclosure" to agency inspec tors general and Contrac ting Officers whenever they have " credible evidence" tha t a viola tion of the civil False Claims Ac t or certain federal criminal laws has occurred in connection with the award, performance, or close- ou t of a federal contract. This amendment was prompted by certain recommendations made by the Department o f Justice.

See Department of Defense (DoD), General Services Administra tion (GSA), and National Aeronau tics & Space Administration (NASA); FAR Case 2007-006, Contractor Business Ethics Compliance Program and Disclosure Requirements : Final Rule, 73 FR 67064, 67065 (Nov. 12, 2008).

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U.S. Court o f Appeals Dept. o f Justice Office of Management and Budget

Office o f Manage ment and Budget (OMB) Direction The President's Small Business Agenda directed OMB to develop a strategy for unbundling con trac ts, as a means of expanding small business access to Federal procurements. In response, the Office of Federal vProcurement Policy (OFPP), within OMB, issued an October 2002 bundling report, providing a nine-point action plan to hold agencies account able for I eliminating unnecessary contract bundling and for mitigating the effects of necessary contract bundling. Implementation of five of the nine points required amendments to the FAR.

See 68 FR 5138 & 68 FR 6000.

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Knowledge Review 1

Review the scenarios and answer the questions based on researching the FAR. DFARS. and PG!.

You are talking with a Contracting Officer in the office and he was thinking of proceeding with a competitive 8(a) acquisition. He wants to know if the clause at FAR 52.219-17 is required.

Is use o f the clause at FAR 52.219- 17 required?

LJ Yes

~ No

Check Answer

DFARS 219.811-3(1) states: "Use the clause at 252.219-7009, Section 8(a) Direct Award, instead of the clauses at FAR 52.219-11, Special 8(a) Contract Conditions, FAR 52.219- 12, Special 8(a) Subcontract Conditions, and FAR 52.219- 17, Section 8(a) Award, in solicitations and contracts processed in accordance with the PA cited in DFARS 219.800."

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SBPl10 Fundamentals of the FAR for Small Business Professionals Lesson 1.3 - Use of the FAR and Uniforn1 Contract Format RESOURCES I PRINT I HELP

Knowledge Review 2

A Contract Specia lists tells you that she was rev iewing a proposal and noticed the contractor had no proof of it 's subcontractor's status as a Small Disadvantaged Business other than the documentation p rovided by t he subcontractor. However, the Contract Specialist stated that a contractor acting in good faith may rely on the written representation of its subcontractor regarding the subcontractor's status as a Small Disadvantaged Business.

Is t he Contract Specia list's assessment correct?"

i!!I Yes

No

Cheak Answer

That is correct.

FAR 19.703(b) A contractor acting in good faith may rely on the written representation of its subcontractor regarding the subcontractor's status as a small business, Small Disadvantaged Business, Veteran-Owned Small Business, Service-Disabled, Veteran-Owned Small Business, or a Women-Owned Small Business concern. The contractor, the Contracting Officer, or any other interested party can challenge a subcontractor's size status representation by fi ling a protest, in accordance w ith 13 CFR 121.100 1 through 121.1008. Protests challenging a subcontractor's small disadvantaged business representation must be filed in accordance w ith 13 CFR 124. 1007 through 124.1014.

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SBPl10 Fundamentals of the FAR for Small Business Professionals Lesson 1.3 - Use of the FAR and Uniforn1 Contract Format RESOURCES I PRINT I HELP

Knowledge Review 3

A Contracting Officer on a military installation in Japan calls you and explains that he has a requirement for support services on the installation va lued at $122,880 and the acqu isit ion cannot be fulfilled under the 8(a), HUBZone, SDVOSB, or WOSB Programs. You tell him this acquisit ion is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the Contracting Officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competit ive in terms of market prices, quality, and delivery.

Is t he SBPs response appropriate for this situation? If not, please explain and provide the correct FAR reference? Enter your answer in the box below and select Check Answer to receive feedback.

Submit

FAR 19.000(b) states, "This part, except for FAR subpart 19.6, applies only in the United States or its outly ing areas." FAR subpart 19.6 applies worldwide.

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Lesson Summary

Terminal Leaming Objective: Apply basic knowledge of the purpose and structure of the FAR and DFARS to locate rules governing small business acquisitions.

These enabling learning objec tives were taugh t in the Use of the FAR and Uniform Contrac t Format lesson:

• Describe how Small Business Professionals use the FAR/OFARS

• Recognize the Uniform Contract Format structure as described in FAR subparts 14.2 and 15.2

• Recognize how Small Business Professionals (SBPs) use the FAR/DFARS to develop a holistic, contextual understanding of the FAR reference

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Lesson Summary

Terminal Learning Objective: Apply basic knowledge of the purpose and structure of the FAR and DFARS to locate rules governing small business acquisitions.

These enabling learning objectives were taught in the Use of the FAR and Uniform Contract Format lesson:

• Describe how Small Business Professionals use the F AR/DF ARS

• Recognize the Uniform Contract Format structure as described in FAR subparts 14.2 and 15.2

• Recognize how Small Business Professionals (SBPs) use the FAR/DFARS to develop a holistic, contextual understandin of the FAR reference

Closed Capt ioning

TOC

Katherine : Congratulations. You have completed the Use of the FAR and Uniform Contract Format lesson. This lesson covered how the SBP uses the

==·• FAR, DFARS, and the Uniform Contract Format to advocate for small business participation in Federal acquisitions .

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Cindy.Philpot

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Lesson Completion

You have comple ted the content for this lesson.

To continue, select another lesson from the Table o f Contents on the le ft.

If you have closed or hidden the Table of Contents, select the Show TOC button at the top in t he At las navigation bar.

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