Government Acquisition Contract Requirements

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).

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.

The FAR consists of 53 parts and 2 volumes. Volume 1 is comprised of parts 1 through 51 and subchapters A through G. Volume 2 consists solely of subchapter H and houses the largest section of the FAR, Part 52. Part 52, Solicitation Provisions and Contract Clauses, explains the use of provision and clauses in solicitations and contracts, outlines solicitation

The Uniform Commercial Code (UCC) in the private sector and the Federal Acquisition Regulations (FAR) are the documents that govern contract formation in the private verses public sector industry.

Access Government Contracts LLC (ACG), is an independent consulting firm designed to assist small businesses to successfully compete in the federal Government market and land those lucrative Government contracts.

There will be some acquisitions were tradeoffs may not be utilized. In such situations where the Government would not realize any value from a proposal exceeding the minimum technical requirements.

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

SAIC seeks business from Federal Government Contracts, National Security, Commercial and State & Local Governments supporting Technology Solutions, Mission SETA & Program Support, Simulation & Training, Crises Management & Security and Logistics & Supply Chain.

According to the FAR Contracting officers may request competitive proposals if sealed bids are not appropriate. Because of differences in areas such as law, regulations, and business practices, it is generally necessary to conduct discussions with offerors relative to proposed contracts to be made and performed outside the United States and its outlying areas. Therefore a request for proposals (RFP) is issued when the award will be based on more than price. The Contracting Office will issue an RFP containing all the information and instructions necessary for companies to prepare their proposals. Then

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.

There are particulars to a contract which structure its existence. This includes the importance of terms within the contract, the freedom of contract, statements that do not become part of contract, and terms of contract.

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.

We must remember that government contracting or “acquisition” guidelines, Federal Acquisition Regulations (FAR), exist for the key purpose of providing "uniform policies and procedures for acquisition." which satisfies customer's needs in terms of cost, quality, and timeliness; minimize administrative operating costs; conducts business with integrity, fairness, and openness; and fulfill other public policy objectives.

Procurement management is the processes to purchase or acquire the products, services or results needed from outside the project team to perform the work. Project Procurement Management involves not just purchasing products, services or results, but also ensuring that those that are purchased are right for the project, meets standards and is based on project requirements. This life cycle includes tracking from order through deployment and completing with invoice reconciliation.

Thus, a Government Contract is also governed by the same law of contract, i.e. the Indian Contract Act, 1872. However, these contracts unlike other contracts have special and distinct considerations and are given special protection by the government as they involve