The Fundamentals of a Federal Contract

In this paper I will discuss the various aspects of a Federal Contract Specialist position and what makes it different from many other government jobs. Some people think contracting is just shopping for a living, however, it requires great skill and attention to detail. Contract Specialists must be able to communicate effectively with their customers, vendors and other contracting personnel and they must be able to accurately interpret regulations and apply them appropriately. This position is a little bit customer service representative, a little bit personal shopper and a whole lot of legal assistant.

Although reducing costs and improving services have been cited as the most important reasons services are privatized by agencies, contracting out offers the attractiveness of hiring a contract employee over a public employee. This occurs because of the apparent advantages offered by such options (Dilger et al. 23). Some advantages of hiring a contract employee over a civil servant are as follows:

Any employment contract providing for direct services to a Federal agency by an individual or individuals; or

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

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.

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.

The Federal Acquisition Regulation organizes the mandatory terms and conditions to form a binding agreements and contracts between the federal government and

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

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.

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

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

When engaging in a construction contract, time is of the essence and running over time projections can cause literally millions of dollars in additional non-contract costs. Therefore, construction contracts that can provide incentives to complete the project on time or early are beneficial because they effectively penalized contractors who fail to deliver on-time performance. With a CPIF contract, the