...Sealed Contracting The method of obtaining government contracts has changed considerably. Sealed bidding is less frequently used now than in the past. However, there are certain situations when sealed bidding is mandatory. According to the Federal Acquisition Regulation when preparing sealed bidding invitations must describe the requirements of the Government clearly, accurately, and completely. Unnecessarily restrictive specifications or requirements that might unduly limit the number of bidders are prohibited. The invitation includes all documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding. As a result government contract practitioners still must familiarize themselves with processes that call for sealed bidding. In the mid-1990s, Congress made several changes to statutes related to processing acquisition of government contracts. Before these congressional amendments sealed bidding was the standard. In most cases sealed bidding is the preferred method for construction , so if the Seahawk helicopters and Cobra aircrafts are being purchased for that type of business it would be a better option. Negotiated Contracting These amendments gave federal contracting officers more opportunities to award contracts through the newer process competitive negotiation. The process begins when the CO issues a Request for Proposals. The RFP must, include the agency’s need, the terms and conditions of the contract and any other...
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...Sealed Bids vs. Competitive Proposals Strayer University Cost and Price Analysis – BUS 315 Sealed Bids vs. Competitive Proposals When the government has recognized a necessity for supply and services, they immediately conduct a market research, and find probable sources of supply. This information is then sent to the contracting officer for procurement. The contracting officer is solely responsible in determining if the procurement may be accomplished through sealed bidding or negotiation. Sealed bidding is the government method to make known of a need by a solicitation named Invitation for Bid (IFB). Negotiation as used in the acquisition process, means contracting through the use of competitive proposals and discussions, between the contracting officer and the contractor. These government solicitations for negotiation are called Request for Proposal (RFP). The solicitation process originates similar for sealed bids and competitive proposals. The contracting officer announces an IFB for sealed bids, and/or a RFP for a competitive proposal, in FedBizOpps. Most solicitations are accessible, and can be copied directly from the Internet. The contractor upon awareness of these solicitations replies by submitting a bid for the sealed bidding, and/or a proposal for the competitive proposal solicitation. Most contractors contemplate sealed bidding as the less pricey, fastest economical procurement method since no time is lost in negotiations. Bids are assessed with...
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...Lateefah Muhammad LEG 440- Procurement and Contract Law July 25, 2012 Introduction Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion. Review and Discussion Legal Framework At present, federal procurement contracts are governed by a number of statutory and regulatory requirements, including the Federal Acquisition Regulation (FAR) (Nou, 2009). The FAR sets forth detailed procedures concerning virtually all aspects of the federal procurement process including notice and competition as well as awards and contract management (Nou, 2009). In addition, the Competition in Contracting Act of 1984 mandates that federal government agencies use one of two defined methods...
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...MA Special Module 2012 ExamREADINESS 170 Intensive Review Questions Ed. The Number One Source of Exam and OntheJob Information STUDY INFORM ATION FOR EX AM CANDIDATES Special Module ExamREADINESS 170 Review Questions Covering Federal Contract Administration ã ExamREVIEW PRO & ExamREVIEW PRESS 2012 All rights reserved. No part of the contents of this book may be reproduced or transmitted in any form or by any means without the written permission of the publisher. Important – Please Read Due to the variety of fonts installed on the users' systems, Acrobat may prompt you to download an additional language component (which is FREE from Adobe anyway). If you receive a message saying that a Traditional Chinese language pack has to be downloaded in order to load this eBook, please click YES to have Acrobat download the update. The size of the update is about 7M. Don’t worry, this download is safe. Table of Contents PRACTICE TEST MODULE 1................................................................................................4 PRACTICE TEST MODULE 2..............................................................................................45 PRACTICE TEST MODULE 3............................................................................................106 PRACTICE TEST MODULE 4............................................................................................167 PRACTICE TEST MODULE 5..........................
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...Overview, Part One Procurement and Contract Law Procurement Law Overview, Part One The purpose of this paper is to provide an overview of procurement law. There are three different branches of Government: Legislative, Executive, and Judicial. In the United States, the Office of Federal Procurement Policy (OFPP), the Defense Acquisitions Regulations (DAR) Council, and the Civilian Agency Acquisition (CAA) Council determine federal procurement policies by its legislative action and recommendations. Those are then published in the Federal Acquisition Regulation (FAR). The FAR is issued jointly by the Department of Defense (DOD), the General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA). It applies not only to direct purchases made by the government, but also to purchases made by federal grant recipients (Feldman, 2010). The government procurement team is made up of the Contracting Officer (CO), Administrative Contracting Officer (ACO), and Termination Contracting Officer (TCO). The government planning process consists of market research and an internal source search before they proceed with full and open competition which allows all responsible sources to submit either a sealed bid or competitive proposal on the procurement. The market research consists of availability and quantities of items, and reasonable prices. Internal sources include existing inventory, excess from other agencies, and federal prisons (Feldman, 2010). Feldman...
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...Federal Procurement Framework By Michael R. Baran LEG 440: Procurement and Contract Law Instructor: Dr. Masheika Allen 17th of July 2011 Federal Procurement Framework We need to how the Federal Procurement Framework is suppose to work. We need to have understanding of the protest framework, which are going to be the basic procedures, remedies and a discussion of who can bring a claim. Next we need to have an understanding of the sealed and competitive bidding process. By filing a protest, the company is seeking an injection to prevent the government from proceeding with the solicitation because of their contention that it is unduly restrictive of competition. When a company wants to protest a bid they are not agreeing with the decision of the contracting officer or the government agency that is regarding a contract bid or awarded contract. The regulations that are provided for you with ways to make our voice heard are most commonly, with a bid or award protest. For a company to file a protest they must be an ‘interested party’. They must have a direct economic interest in and need to potentially going to be affected by the contract award or the failure to award a contract. If the protest was sustained, then the company who did the protest could be in line for the award. According to (Government Contracts; Federal Bid Protests) “Your protest to the procuring agency may be either pre-award or post-award, and will almost certainly be heard...
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...Introduction This paper is going to cover the different types of contracts and cover performance-based acquisition. Discuss which contract that would be warranted on vehicle purchase. Also, evaluate the pros and cons of sealed bidding, and negotiated contracts. Cover, which one would be best purchasing of vehicles in this case. Furthermore, we will cover the responsibilities of the contracting officer during the proposal evaluation. Assess the requirements for performance-based acquisitions and last create requirements for the vehicle purchase that could be included in a performance-based contract with rationale. Examine the types of contacts and performance-based acquisition Types of contracts that can be used are fixed-price, cost-reimbursement,...
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...Guide for Module 2 SUBCHAPTER A—GENERAL PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1.1 Purpose, Authority, Issuance 1.2 Administration 1.3 Agency Acquisition Regulations 1.4 Deviations from the FAR 1.5 Agency and Public Participation 1.6 Career Development, Contracting Authority, and Responsibilities 1.7 Determinations and Findings PART 2—DEFINITIONS OF WORDS AND TERMS 2.1 Definitions 2.2 Definitions Clause PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 3.1 Safeguards 3.2 Contractor Gratuities to Government Personnel 3.3 Reports of Suspected Antitrust Violations 3.4 Contingent Fees 3.5 Other Improper Business Practices 3.6 Contracts with Government Employees or Organizations Owned or Controlled by Them 3.7 Voiding and Rescinding Contracts 3.8 Limitations on the Payment of Funds to Influence Federal Transactions 3.9 Whistleblower Protections for Contractor Employees 3.10 Contractor Code of Business Ethics and Conduct 3.11 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions PART 4—ADMINISTRATIVE MATTERS 4.1 Contract Execution 4.2 Contract Distribution 4.3 Paper Documents 4.4 Safeguarding Classified Information Within Industry 4.5 Electronic Commerce in Contracting 4.6 Contract Reporting 4.7 Contractor Records Retention 4.8 Government Contract Files 4.9 Taxpayer Identification Number Information 4.10 Contract Line Items 4.11 Central Contractor Registration 4...
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...Student’s Name | __________________ | Professor’s Name | __________________ | Course Title | __________________ | Date | __________________ | SALIENT POINTS OF A CONTRACT & BIDS EVALUATION Introduction(Some basics about contract in brief) A Contract is – * An Agreement (Expressed or Implied) * Enforceable by Law * Between Two (or more) Competent Parties * To Do (or Not To Do) a Particular Thing (being a Lawful Object) * With Free Consent * For a Consideration (or Remuneration) A Contract may be concluded by Signing a " contract " Document by Two (or more) Parties, or Placement of a Purchase Order and Its Acceptance . Contract Price may be Fixed or Variable (i) Fixed Price Contract covers costs to be incurred till job completion.It is convenient for budgeting and billing. (ii) Variable Price Contract includes a Price Variation Formula.It is convenient to quote and may ultimately be economical to the client. (iii) The price escalation should have a ceiling. (iv) Contract Price may include or exclude taxes and duties and their variations as may be stipulated in the contract. Brief Information of companies vying for the government contract. VectorCal:- VectorCal navigation is medical navigation device which helps used to facilitate navigation through bodies. Principles for good VectorCal navigation design A site must: 1. Let me know where I am at all times ...
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...The Supply System within the United States Navy James S. Reece Webster University Abstract This paper examines the supply system practices of the United States Navy within the context of naval wide fleet support. In today’s ever changing economy it is imperative that our national security forces stay current with practices and procedures of procurement of the finest materials needed to provide worldwide support for our nations warriors on the ground, airborne, and afloat. The supply system in general is a major player in the fight against terrorism, and national security in today’s society and has played this same critical role in many battles of the past. Without the in depth and vast support of the military supply system, we as Americans may not be walking freely as we do today. From the latest advances in weaponry to the nuts and bolts of each ship or aircraft, the naval supply system has proven to be the department responsible for delivering these vital parts to our security afloat and ashore enhancing combat capability. Throughout this paper I will give a brief history and evolution of the Navy Supply Corps, I will discuss the different aspects and missions of the Naval Supply Systems Command (NAVSUP) to include each major supporting supply department, and I will cover the detailed government contracting process that supports the mission readiness of the United States Navy. My ultimate goal for this paper is to provide a base line understanding on the naval supply...
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...202-744-3467 COURSE DESCRIPTION This course provides an introduction and overview of government contracting and its unique nature, demonstrating the differences between commercial and government contracting, with a concentration on the federal system. Based on online resources, students cover the organization of the Federal Acquisition Regulation and how to interpret relevant subject coverage. Current reforms in the acquisition field will be incorporated into the course and emerging controversies will be highlighted to provide students with an up-to-date view of the profession. INSTRUCTIONAL MATERIALS Required Resources Compton, P. B. (2010). Federal acquisition: Key issues and guidance. Vienna, VA: Management Concepts, Inc. Feldman, S. W., & Keyes, W. N. (2011). Government contracts in a nutshell (5th ed.). St. Paul, MN: Thomson Reuters. Supplemental Resources Brown, T. L., Potoski, M., & Van Slyke, D. M. (2009). The challenge of contracting for large complex projects: A case study of the coast guard’s Deepwater program. IBM Center for the Business of Government. Retrieved from http://www.businessofgovernment.org/sites/default/files/deepwater_magazine_0.pdf Rendon, R. G. Critical success factors in government contract management. Retrieved from http://www.ippa.org/IPPC4/Proceedings/19Others/Paper19-2.pdf Schwartz, M. (2009). Defense Acquisitions: How DOD Acquires Weapon Systems and Recent Efforts to Reform the Process. Retrieved from http://assets...
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...Contract Planning The Acquisition Environment The acquisition environment is influenced by each organization's mission support strategy, successful customer relationships, and core principles of decision making. This lesson provides you with an opportunity to guide your actions and to research and develop a strategy so you can recognize when your efforts support the mission. In this lesson, you will cite key components of successful customer relationships and describe how your office achieves success through the key relationship criteria it exhibits and apply these key components by choosing appropriate methods of dealing with your customers in a practice scenario. This lesson will help you build a foundation for good decision making based on the core principles of power and responsibility and give an opportunity to apply the Seven-step Path to Better Decisions in a practice scenario. Mission Support Strategy The mission support strategy is a systematic plan of action that aligns the organization's activities with its mission and objectives. The Terminal Learning Objective is: Given a customer need, reinforce areas of mutual interest within an acquisition environment (requiring activity, contractor, contracting office, others). The Enabling Learning Objectives are: * Apply the factors in development of your mission support strategy. * Apply the key characteristics for successful customer relationships. * Apply the Seven-step Path to Better Decisions...
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...Win the Contract Business 330 Professor Bridges May 27, 2016 Imagine your small business produces very small remote control aircraft capable of long sustained flights. You are ready to expand your business by competing for Department of Defense (DoD) contracts. You wish to bid on a contract that will be worth over $600,000 to your expanding company. Select the simplified acquisition method that fits your company the most, and then provide a rationale for your selection. Note: Remember you are a small business that will have a massive expansion if you win this contract. Far Part 13, Simplified Acquisition Procedures, identifies the policies and procedures for the acquisition of supplies and services, including construction, research and development, and commercial items not exceeding the simplified acquisition threshold (SAT). The purpose of simplified acquisition procedures (SAP) is to reduce administrative costs, improve opportunities for small businesses, promote efficiency in contracting, and reduce the administrative burden on the government and contractors. Authorization for using SAP at levels above the SAT may be implemented through policies such the Test Program for Certain Commercial Items. Under this program, FAR Part 13 authorizes using SAP up to $7 million ($13 million for purchases made in support of contingency operations). Authority to continue using this type of program must be passed through legislation. Remaining aware of such authority will...
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...acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a), the term means— (1) $300,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and (2) $1 million for any contract to be awarded and performed, or purchase to be made, outside the United States.(3) 2. Describe the circumstances under which the government allows the use of simplified acquisition procedures according to the FAR. Buying organizations have been and are taught to use the simplified acquisition procedures to the maximum extent that is practicable to purchase supplies and services not to exceed the simplified acquisition threshold ($5 million), including any purchase that is at or below the micro-purchase threshold ($100K). FAR Part 13 best describes the Simplified Acquisition procedures to fulfill the intent of the acquisition doctroine.FAR Part 13 allows the CO a broad discretion to be use for the best evaluation procedure and to evaluate without a burden. FAR part 14 (Sealed Bidding) and FAR Part 15 (Contracting by...
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...requirements; limiting the use of high-risk acquisition authorities; increasing support of small businesses; and facilitating effective allocation and use of resources. 2. Performance-based acquisition method is the preferred method of procuring service with the exception of procuring what kind of services? Performance-based acquisition is the preferred method for acquiring services, with the exception of the following services: architect-engineer services acquired in accordance with 40 U.S.C. 1101 et seq.; construction, utility services (see Part 41); or Services that are incidental to supply purchases, a firm-fixed price performance-based contract or task order, a performance-based contract or task order that is not firm-fixed price and a contract or task order that is not performance-based. 3. The federal acquisition and contracting source selection is the responsibility of whom? Who and what is the role of the source selection authority Typically agency heads are ultimately responsible for source selection. The contracting officer is designated as the source selection authority unless the agency head appoints another individual for a particular acquisition or group of acquisitions. In DoD, the SSA must be an individual other than the PCO for acquisitions with a total...
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