Federal Acquisitions Regulations Case Study

A basic definition for the procurement is “the way the building is realised” and “involves assembling and organising the skills and services of a team of construction professionals”. (the Construction Round Table, 1995). More precisely, the construction industry describes procurement as “a system that establishes the roles and relationships which make up a project organisation”; hence the overall organisation and communication structure for the management, administration and control of a project is established by the procurement system. (D.C.H Coles, 2010)

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

Law 95-563, by which only contractors, not subcontractors, may pursue claims against the government, and the term “contractor” is clearly defined as “a party to a Government contract other that the Government.” 41 U.S. C. §601 (4). To make the even clearer, the FAR prohibits a government contracting officer from consenting to a subcontract that obligates the contracting officer to deal directly with a subcontractor or that makes the results of arbitration, judicial determination or voluntary settlement between the prime contractor ad subcontractor binding on the government. FAR 44.203 (b). Lack of privities and the resulting barrier to direct claims does not, however, mean that no way whatsoever exists for a subcontractor’s claim to be heard. The regulations permit and the astute government contractor will ensure that its subcontract with the federal prime contractor will provide for “sponsorship of a subcontractor’s claim. Sponsorship is the practice whereby the prime contractor nominally prosecutes what in fact is the subcontractor’s claim against the government. The appeal of the claim is brought in the name of prime contractor even though the subcontractor is the real party in interest. FAR 44.203 (c) (Government Contract Law, pp. 419-420). Performance and payment bonds are an available tool to be mandated by the government for the protection of itself and of subcontractors.

Contractors bid on U. S. Federal Construction projects and most contracts for federally assisted constructions exceeding $2,000 required to pay their employees the standard wage and benefit package that workers in the area performing similar work are earning the

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).

A contract has been awarded under competitive negotiated procedures and an unsuccessful offeror wanted to know why they were not the winner. The Federal Acquisition Regulation (FAR) provides an approach to this issue by offering an organized correspondence with the unsuccessful offeror and the government. An unsuccessful offeror may submit a request to the contracting officer for clarification on why they did not win the award. This request is called a debriefing. The debriefing provides feedback from the government on the unsuccessful offeror’s proposal explaining the process in depth as to why they were not selected. Only certain information is shared and will vary depending on whether the debriefing is conducted prior to or after

Excellent post this week! The driving force behind a labor dispute is usually associated with money. There is typically a demand for an owner to increase their profits each year, while the players desire to make more money each year as well. The benefits of a collective bargaining agreement are that it will ensure there is some level of equality for both the owners and the players in negotiations. What is your opinion on the Sherman Antitrust Act? Do you believe that baseball should be treated as if it were any other sport? The Sherman Antitrust Act was established in order to allow baseball to operate more freely, but at what cost to everyone else? These players were absolutely treated like a piece of property, which is somewhat understandable

Public Works Contracts [Idaho Code 54-4511(2015)] this policy provides Construction Managers and General Contractors a certain portion of work performed under a contract. To provide a guaranteed maximum price inside shall be negotiated inside of the contract and by accessing a maximum it will allow a buffer zone of the contract and will give more of a profit and will allow to fix any problems that shall appear in the future of the build and require certain bonds because when awarding a public work contract must be

Developing a Federal Acquisition Team: Reverse Engineering a Standard Forestry Project to Determine Team Requirements

Federal RFP: From my discussions, it is very clear that the entire senior staff is focused on the success of the Federal RFP.

FAR is a fundamental set of principles and rules that are codified in a system. The regulations in the FAR system are conceptualized and implemented by agencies of the Federal Government in the United States. The rules govern the acquisition process, which involves the government transactions in purchasing goods and services. The acquisition process involves the formation of contracts, the need recognition and acquisition planning and also the administration of the contract. The system, however, does not interfere with the private sector dealings, and is hardly applicable in these sectors. The FAR has different parts that contain contract clauses and the manner of their administration.

Nagle, J. F., & American Bar, A. (2000). How to review a federal contract: Understanding and

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.

Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.” It even further explains that there is no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. In selecting a contracting officer, the appointing official considers the dollar value of the acquisition, the complexity and the potential contracting officer’s experience, education, business acumen, character and reputation. A contracting officer is appointed in writing and states any limitations on the scope of the authority that is to be given to them. The FAR specifies that a contracting officer’s responsibility to ensure that no contract is entered into unless it meets all requirements of law, regulations and other procedures, that sufficient funds are available and that contractors receive impartial, fair and equitable treatment. Unlike the commercial sector, the FAR mandates that certain requirements be met prior to being appointed to a contracting officer. It requires that the candidate complete all mandatory contracting courses required for

In this chapter, the background of outsourcing within government agencies, the role that governmental leadership play in managing projects, and the DoD’s dependency on contract support to accomplish the mission