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Competition in Federal Contracting by Kate M. Manuel Pdf
Contents: (1) Introduction; (2) Background; (3) Contracts Not Subject to CICA; (4) Contracts Subject to CICA; Full and Open Competition Defined; Competitive Procedures Resulting in Full and Open Competition; ¿Full and Open Competition After Exclusion of Sources¿; Circumstances Permitting Other Than Full and Open Competition; Justifications and Approvals; ¿Special Simplified Procedures for Small Purchases¿; Other Competition Requirements; (5) Competition Requirements for Task and Delivery Order Contracts; (6) Legislation in the 111th Congress: Legislation Enacted in the 111th Congress; Legislation Proposed in the 111th Congress; (7) Recent Executive Branch Policies. Charts and tables.
Competition in Federal Contracting by Congressional Research Service Pdf
Competition in federal procurement contracting has long been of interest to Congress and the executive branch, in part because of the belief that increased competition among potential vendors results in lower prices for the government. President Obama issued a memorandum calling for increased competition in federal contracting on March 4, 2009, shortly after taking office, and his Administration has sought to reduce the number of "noncompetitive" contracts by various means, including by issuing guidance on "Increasing Competition and Structuring Contracts for Best Results" in October 2009. Subsequently, in 2012, the Department of Defense (DOD), which accounts for 60% to 70% of federal procurement spending per year, amended its regulations to require that contracting officers re-solicit agency requirements if a solicitation allowed fewer than 30 days for the receipt of proposals and resulted in only one bid or offer. Further guidance was issued in 2014. The Competition in Contracting Act (CICA) of 1984 generally governs competition in federal procurement contracting. Any procurement contract not entered into through the use of procurement procedures expressly authorized by a particular statute is subject to CICA. CICA requires that contracts be entered into after "full and open competition through the use of competitive procedures" unless certain circumstances exist that would permit agencies to use noncompetitive procedures. Full and open competition can be obtained through the use of sealed bids, competitive proposals, or other procures defined as competitive under CICA (e.g., procurement of architectural or engineering services under the Brooks Act). Full and open competition under CICA also encompasses "full and open competition after exclusion of sources," such as results when agencies engage in dual sourcing or "set aside" acquisitions for small businesses (i.e., conduct competitions in which only small businesses may participate). Any contract entered into without full and open competition is noncompetitive, but noncompetitive contracts can still be in compliance with CICA when circumstances permitting other than full and open competition exist. CICA recognizes seven such circumstances, including (1) single source for goods or services; (2) unusual and compelling urgency; (3) maintenance of the industrial base; (4) requirements of international agreements; (5) statutory authorization or acquisition of brand-name items for resale; (6) national security; and (7) contracts necessary in the public interest. CICA also allows agencies to use "special simplified procedures" when acquiring goods or services whose expected value is less than $150,000, or commercial goods or services whose expected value is less than $6.5 million ($12 million in certain circumstances). Issuance of orders under task order and delivery order (TO/DO) contracts is not subject to CICA, although award of TO/DO contracts is. However, the Federal Acquisition Streamlining Act (FASA) of 1994 established a preference for multiple-award TO/DO contracts; required that agencies provide contractors "a fair opportunity" to compete for orders in excess of $3,000 under multiple-award contracts; and authorized the Government Accountability Office (GAO) to hear protests challenging the issuance of task or delivery orders that increase the scope, period, or maximum value of the underlying contract. The National Defense Authorization Act (NDAA) for FY2008 further limited the use of single-award TO/DO contracts. It also specified what constitutes a "fair opportunity to be considered" for orders in excess of $5.5 million under multiple-award contracts and granted GAO exclusive jurisdiction to hear protests of orders valued in excess of $10 million that do not increase the scope, period, or maximum value of the contract.
Competition is a critical tool for achieving the best return on the government's investment. While federal agencies are generally required to award contracts on the basis of full and open competition, they are permitted to award non-competitive contracts in certain situations. Agencies are also required to establish competition advocates to promote competition. This report assessed: (1) trends in non-competitive contracts and those receiving only one offer when competed; (2) exceptions to and factors affecting competition; (3) whether contracting approaches reflected sound procurement practices; and (4) how agencies are instituting the competition advocate role. Charts and tables. This is a print on demand publication.
Competitive Negotiation by Ralph C. Nash,John Cibinic,Karen R. O'Brien Pdf
Government procurement has evolved in the past decade — it has become a system that encourages negotiations after the receipt of proposals. The process can be very elaborate or quite simple, and attorneys and contracting professionals must fully Understand The source selection process and how requirements may be narrowed during the negotiations to gain or hold on to a share of the government contract business. Competitive Negotiation: The Source Selection Process, Second Edition is the result of the partnership of the George Washington University Law School Government Contracts Program And The CCH Business and Finance Group. it is a thorough text, examining conventional and alternative systems for competitive negotiations in light of current statutes, regulations and case law. it discusses the distinct steps and laws behind the negotiation process from the inception of the requirement for goods or services To The award of the contract And The debriefing of the losing offerors. Gain understanding of: The history of the award process and how the system has evolved Scoring techniques for selecting contractors Strategies used in oral and written negotiations Post-selection procedures Procedures initiated by the Federal Acquisition Regulation (FAR)to permit streamlining Techniques and tools to develop proposals that offer the best value to satisfy the call Decisional law and forums for challenging award contracts Draw on the insight given by the authors — the pre-eminent authorities in government contracting — the unbiased analysis of important case law and decisions provides an overview of the current legal environment and helps you put everything in perspective
United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management, Restructuring, and the District of Columbia
Author : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management, Restructuring, and the District of Columbia Publisher : Unknown Page : 404 pages File Size : 47,6 Mb Release : 1998 Category : Business & Economics ISBN : STANFORD:36105061645474
A Free Market Approach to Federal Contracting by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management, Restructuring, and the District of Columbia Pdf
Competition in Contracting Act of 1984 by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee Pdf
Getting Started in Federal Contracting by Barry L. McVay Pdf
This second edition text discusses the regulations, the different types of contracts, invitations for bids, requests for proposals, the IFB and RFP format, the Commerce Business Daily, the standard form 129 and the bidders list, other contractual instruments, commercial activities, architect engineering and construction contracts, set asides and preference programs, labor laws, the major procurement offices, the General Services Administration and the Small Business Administration.
Federal Contracting Made Easy by Scott A. Stanberry Pdf
Federal contracting . . . easy? With the fourth edition of Federal Contracting Made Easy, it is! Whether or not you consider federal contracting easy, it is certainly easier with this guide. Used successfully by thousands of contractors and feds, this book offers practical, hands-on, no-nonsense advice. Now in its fourth edition, Federal Contracting Made Easy lays out the entire federal contracting process in a readable and easy-to-understand style. This book covers how government procurement works, what you can do to cut though the red tape to speed your way to winning a contract, who the key players are, and tips for overcoming obstacles. New in this edition: • Discussion of government-wide acquisition contracts (GWACs) • Updates on women-owned small business • New status of service-disabled veteran-owned small business • Expanded list of relevant websites and resources • Introduction to the new System for Award Management (SAM) Whether you are about to enter the competitive world of federal contracting or have been bidding for contracts for years and are now looking for updated information and ideas, this is the book you need. The federal government awards billions of dollars in contracts for goods and services every year. This book will help you win a piece of that business.
He who knows and knows that he knows is wise; follow him. -ANCIENT PROVERB During a long career of public service as a government procurement and contracting official, I am still surprised to find big, successful corporations making the same mistakes that neophytes in government contracting mak~. And this is particularly true in the matter of writing proposals, which are the crucial element in most major procurement awards. It's true enough, as many suspect, that the big, well-known company has something of an edge over the smaller, lesser-known company com peting for any given government contract-psychologically, at least: The typical government executives, whether contracting officials or program managers, tend to have a bit more faith in the ability of the large company to carry out the program successfully. All things being equal, then, the big company is more likely to get the nod. However, because the large companies are well aware of that, many tend to become "fat, dumb, and happy"-they try to coast or rest on their laurels. That is, they get careless about making a strong enough case for themselves in writing their proposals. And when they lose, often to smaller companies, they are both puzzled and outraged. They have for gotten that all government procurement is a competition-usually both technical and cost competition-and that the "little guy" can win against the "big guy," if he tries hard enough. And especially if the bigger guy is a bit careless and does not put out his best effort.
Federal Contracting by U.s. Government Accountability Office Pdf
Competition is a critical tool for achieving the best return on the government's investment. While federal agencies are generally required to award contracts on the basis of full and open competition, they are permitted to award noncompetitive contracts in certain situations. Agencies are also required to establish competition advocates to promote competition. GAO assessed (1) trends in noncompetitive contracts and those receiving only one offer when competed; (2) exceptions to and factors affecting competition; (3) whether contracting approaches reflected sound procurement practices; and (4) how agencies are instituting the competition advocate role. GAO reviewed federal procurement data and 107 randomly selected contracts at the departments of Defense, Interior, and Homeland Security (which had among the highest noncompetitive obligations in fiscal year 2008) and interviewed contracting and program officials, competition advocates, and contractors.
United States. Congress. House. Committee on Small Business
Author : United States. Congress. House. Committee on Small Business Publisher : Unknown Page : 176 pages File Size : 52,9 Mb Release : 1996 Category : Government purchasing ISBN : PSU:000025705935
Welcome to the Federal Contractors Blueprint, the best selling guide and most important information you need to know to be competitive in the federal marketplace. The U.S. Government is the largest single purchaser of goods and services in the world, awarding billions in annual contracts for various products and services.Government contracting has developed into a very competitive marketplace, thanks to the leadership of our President and the potential of winning profitable federal contracts. Companies of all sizes, from small, micro-firms with one employee to large, mega-firms with thousands of employees, have been successful in selling products and services to government agencies at the federal level. With the heightened awareness on government contracting, more companies are trying to break into, be competitive in, and stay successful in this market. The Federal Contractors Blueprint provides valuable information you need to fully understand the federal contracting process from start to finish. From acquisiton planning through contract closeout. You'll learn how the federal contracting process really works and capitalize in the marketplace.
