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16 Cards in this Set
- Front
- Back
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UCA Definition |
Any contract action for which the terms, specs or price are not agreed upon before performance is begun under the action |
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UCA Advantages |
Fulfills am immediate need |
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UCA disadvantages |
Doubles workload No incentive to control cost |
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8 steps of UCA process |
Assess the scope of the requirement Formulate requirements package Request NTE Receive and evaluate NTE Reach agreement with ktr on requirements, NTE and Definitization schedule Obtain UCA funding Obtain authorization to issue UCA Issue UCA to include ktr’s signature |
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Who approved UCAs? |
HCA (delegable to the SCO?) |
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7 items in UCA approval package |
NTE amount Need for the UCA Explain the effort to not use UCAs for current and future efforts Obligation amount Definitization schedule Estimated amount that will be completed before Definitization Coordination and approval |
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UCA Elements - 10 |
Be as complete and definite as possible Include NTE price w/CLIN structure Definitization schedule Limitation of Government Liability and Contract Definitization Clause SOW T&C POP Ktr signature Determine amount to obligate Funds shall be committed for the full amount of the UCA NTE |
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DoD Policy that UCAs shall |
Be used only when the negotiation of a definitive contract action is not possible in sufficient time to meet government requirements The government interest demands that the ktr be given a binding commitment so that performance can begin immediately (i.e. loss of life) -PMs should provide rationale Be as complete and definite as possible with the circumstances |
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UCA Clause I |
Limitation of Gov’t Liability 52.216-24 Ktr not authorized to incur cost >50% prior to qualified proposal/75% after Max amount the gov’t is liable for if terminated is the NTE |
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UCA Clause II |
Contract Definitization 52.216-25 The ktr agrees to submit a proposal, pricing data, or certified cost or pricing data Definitization schedule And it authorizes the CO w/HCA approval to determine price if no agreement can be reached |
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How is the amount obligated figured? |
CO shall assess the ktr proposal for undefinitized period Shall obligate finds only in amount consistent with spend plan No motivation to control cost |
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How do you commit funds for UCAs? |
Full amount of the UCA NTE Incremental funding, commit total for current FY, and budget for the remaining |
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What needs to be requested from HCA? |
Beginning performance before Definitization, includes the adverse impact on the results of delay Including requirements for non-urgent spare parts. The inclusion should show consistence with good business practices and best interest of Gov’t Modify scope of the UCA after performance begins |
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What is the Definitization schedule? |
Earlier of the two - 180 days after UCA issuance or receipt of qualifying proposal - the date the amount obligated is equal to or greater than 50% |
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What happens if exceeds 180 days? |
SCO needs to brief HAF Staff (SAF/AQC) |
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7 Points of Definitization |
UCAs that fall 14 days behind schedule SCO must provide HCA a status report of remedial actions Gov’t cannot obligate more than 50% of the NTE before Definitization If not receiving a qualifying proposal in a timely manner the CO may suspend or reduce payment Profit shall reflect risk for remaining amount Cannot negotiate above NTE CO uses funding that is current and available If parties can’t agree then CO has unilateral right to decide price with HCA approval |
