Blanket Purchase Agreements

Privatization has grown exponentially over the years as the government continues to try to find more economic ways to conduct business. Through the use of contracts, this is achieved by utilizing the lowest bidder. Should the work being done not meet the standards set forth, the contract is not renewed and the process begins again saving the government money by not having to hire Civil Servants who are then employees of the government, whom do not have a contract and are very difficult to get rid of should their work not be satisfactory.

The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in

The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms.

This paper will explore how Sealed Bidding and Competitive proposals compare against each other. In order to compare them one must understand how, when and why each topic is used. The primary source of federal procurement information and guidance is the Federal Acquisition Regulation, which consists of Parts 1-53 of Title 48 of the Code of Federal Regulations (CFR). FAR parts 14 and 15 explains in full detail Sealed Bidding and Competitive Proposals. This paper like the federal government will rely heavily on the FAR as a source document to help explain the details of this topic.

Part 15 of the Federal Acquisition Regulations (FAR) “prescribes [the] policies and procedures governing competitive and noncompetitive negotiated acquisitions.” One component of negotiated acquisitions that occurs early in the acquisition process is the solicitation of proposals. FAR 15.201, titled, “Exchanges with Industry before Receipt of Proposals,” regulates the type and manner of communications, also sometimes referred to as exchanges, which can – and cannot – take place between the Government and potential suppliers prior to the receipt of a potential supplier’s proposal and the subsequent award of a contract.

a. The U.S. Federal government features a main legal requirement to purchase supplies as well as services on a competing and effective basis. Nevertheless, the U.S. Government has additionally applied via the procurement procedure particular guidelines to promote socioeconomic goals. Programs happen to be developed to supply elevated contracting possibilities to small-scale, small-disadvantaged, women-owned-and-run small-scale, HUBZone small-scale, veteran-owned small-scale, and service-disabled veteran-owned small-scale companies. Companies should also adhere to ancillary specifications arising beneath numerous laws and also Executive Orders (A/OPE, 2011).

Governments use term contracts to purchase products, and sometimes services, that they need on a continual basis. A state or local government will set up a term contract that allows agencies to buy a product (desktop

Procurement by public entities is guided by primary law principles of transparency, equal treatment and non-discrimination, procurement laws sets up an extensive legal framework regarding the procurement of work, supply and service contracts. There are two main reasons for the use of specific procedures i.e. why contracting authorities do not just negotiate or simply buy from the closest supplier. First, it provides for more public accountability and therefore less cases of corruption practices. Additionally, tendering procedures aim to ensure the best value for money by making it necessary for suppliers to act highly competitive. As a result, market mechanisms will help in facilitating the best possible practices. In situations where market mechanisms are not effective, tender procedures might lose their effectiveness as well. If for example there is lack of competition due to certain complexities or as a result of lower bidder interest, negotiations with just one or two suppliers may be the most efficient manner to handle the process. Therefore, we discuss the inherent advantages and disadvantages of sealed bidding and contracting by negotiation as procedural frameworks for tendering.

- this approach is ideal for miscellaneous items that do not have a corporate contractor another method that covers the purchase. Local purchase orders are used for the local suppliers with a maximum limit of $1,000 and completed with numbered forms.

Strict adherence to formal procedures characterizes sealed bidding which attempts to provide a “level playing field” or as a multitude of references point out equal footing to all bidders who compete for a contract. Competitive negotiation is a more flexible process that enables the agency to conduct discussions, evaluate offers, and award the contract using price and other factors. The Federal Acquisition Regulation (FAR), whose origins can be traced back to the ASPA of 1947 was codified at Title 48 of the Code of Federal Regulations and became effective 1 April 1984. The FAR contains the uniform policies and procedures for acquisitions by all federal agencies to date. It addresses nearly every procurement related statute or executive policy; and subsequently encompasses every stage of the acquisition process. In a nutshell, FAR appears to have modernized and thus enveloped the aforementioned three acts.

The Government is always looking to streamline the acquisition process the most efficient and effective way to produce a system and or service. The most important piece of streamlining the process is acquisition planning. Acquisition planning should begin as soon as the “need is identified” and will help lead to the most appropriate requirement for the Government (FAR, 7.101). One of those requirements could be bundling of a contract. Contract bundling can provide benefits to the Government, however there are some disadvantage and concerns associate with contract bundling and the impact it has on small business, as well as why contract is bundled.

This essay will examine how to best prepare a contract administration plan. The contract administration plan will examine different methods used in preparing a plan. This essay will explain how important it is to have technical and other support of personnel, the importance of surveillance, and to determine what functions need to be delegated, identify qualified personnel as well as authorized, it is necessary for the Contracting officer to be represented in administering contract requirements. Also there will be a discussion on what is determined

Negotiating is a practice that allows for two sides to reach common ground and agree upon a specific settlement or transaction. During this at times complicated process, the bargaining sides develop a measure together to move forward in their business process. As a lead negotiator of a small firm, the research and analysis of the sought after contract has to be thoroughly conveyed to the U.S. Government. The small business’s negotiating team should be very familiar with the federal negotiating team and all that the federal government is expecting from the product they desire. As there are hundreds of competitors out there, it is safe to assume that there are multiple products out there. However, the negotiating firm of the small business must use different negotiating gambits and pay particular attention to the body language and examine the language used during the entire process.

One of the first things that is taught upon entering an acquisition career field is who has the authority to make purchases. Depending on the organization the requirements that these chosen individuals need to meet may vary greatly. The ones given this authority are typically held in the upmost trust and are required to have additional training to better prepare themselves for this responsibility. Unfortunately not everyone knows and understands who may and who may not have the authority to enter into binding contracts with that particular company or that organization, furthermore they may not understand what their responsibilities are. To confuse a situation even further, there are times when one may either express or imply they have

When ordering a set number of items from a manufacturer who is in the business of making that product and will not have to engage in any research, development, or real custom work, the standard contract would be a fixed-price contract . This scenario describes a simple bulk order of an item. Therefore, in this situation, the most appropriate contract mode is the fixed price contract. This allows the company to receive a number of bids for the 20,000 pencil contract and compare the costs in those bids. It also does not put the seller at tremendous risk because they do not face tremendous variation in the costs of their supplies for manufacturers. Also, as the purchaser fixed price contracts are good for purchasers, because the sellers bear most of the risk of the contract.