Reviewing The Requirements For Announcing Federal Contract Awards

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.

AC1.2: Explain the roles and interests of those who should be involved in a tender process

4. (TCOs 2, 3, and 4) One of your corporate clients has approached you about whether or not its employees are required to include certain benefits provided by the corporation in their

2. Due to the circumstances of the contract (that it be for sale of land) specific performance will be awarded.

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

a) Alan wants to know the five requirements in order to make a valid contract.

7. What clauses provide for the administrative settlement of contractor claims that arise from delays and interruptions in the contract work caused by the acts, or failures to act, of the contracting officer? When should these clauses be used?

This fact is stated plainly and directly even in the FAR itself, where it is written, “Agencies are encouraged to promote early exchange of information about future acquisitions.” Exchanges are beneficial to all parties involved in the acquisition process, and there are a number of reasons why such exchanges are beneficial. As the regulations explain at FAR 15.201(b), some of these benefits include an improved understanding of the Government’s requirements for the potential suppliers, and also an improved understanding of a potential supplier’s capabilities by the Government. Additionally, exchanges between Government and potential suppliers can help the Government firm up or finalize their acquisition plan and source selection strategy for a particular procurement by enabling them to determine things such as, “proposed contract type, terms and conditions, and acquisition planning schedules,” as well as, “the feasibility of the requirement, including performance requirements, statements of work, and data requirements.”

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.

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.

In response to management’s request, a thorough evaluation of internal control over disbursements for manufacturing plant purchases of parts and supplies is being planned. As a preliminary step in planning the engagement, each plant manger has been requested to provide a written description of his or her plant’s procedures for processing disbursement vouchers for parts and supplies. Presented below are some excerpts from one of the written descriptions.

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

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.