The Source of the United States Governments Authority - Admission/Application Essay Example

1) Discuss the source of the United s Government’s ity to contract, and discuss some of the sta y provisions that allow the use of this authority. The United States Constitution gives the Government authority to contract. All three government branches participate in the authority to contract. Congress passes laws that deal with contracts, with the appropriate budget or funds. The Executive Branch actually makes the contracts and decides how to spend the funds allotted by Congress. If either the Government or contractor has a disagreement, then the court system decides the legality of the contract. The Statues fall under two categories. The first is the legislation that allows the contract and the funding for the contract. Secondly every contract must follow existing laws. Procurement of the contract process is separate from authorization and appropriation. Legislation must decide how to regulate contracts, authorizing the contract, and funding the contract. Contracts can impact certain agencies like the United States Postal Service, Department of Defense, and other specific agencies. All of these details must pass through legislation. The President will then approve or veto the funding for the contracts. 2) In Government contracting, the FAR is an important element. What is FAR, how is it disseminated, which agency is responsible for that dissemination, and how is it made known to the public? The Federal Acquisition Regulation (FAR) is the requirements of the Federal Acquisition Regulation System. FAR issues the rules and regulations that govern the acquisition process of United States Government. The rules of FAR apply to the three phases of acquisition. The need of acquisition planning, contract formation, and contract administration are the three phases. FAR only regulates government agencies or personnel in the acquisition process. The private businesses are only regulated when doing contracts with the government. FAR encompasses contract clauses and solicitation provisions. The solicitation provisions are the plans for companies to vie for a certain contract. These plans include making the contractors know the law and the limitations of the Government in acquisitions. Every contract must have specific plans of FAR provisions that will apply to the contract. 3) Discuss the impact electronic contracting has on government contracting, including the statutes it has enacted to address the issue of electronic contracting. Discuss the legality of electronic signatures. Discuss SmartPay, its use and effect. The impact of electronic contracting on government contracting has cut down on paper work and time in the contract process. It is easier to look up a Government contract online and fill out the application electronically. This also cuts down on cost applicable to mailing, receiving, and dealing with paper applications, requisition forms, and payments. The statues enacted to address the issue of electronic contraction are twofold. Federal Electronic Contracts and State Electronic Contracts have laws regulating electronic contracting. An electronic signature is as binding as a signature on paper. The Federal and State Governments both recognize electronic signatures. SmartPay is a Government credit card. Contractors accept SmartPay in lieu of a check, money order, or other type of government payment. The Government uses the credit card to pay for services. This type of credit card saves time and money. Instead of an individual processing individual claim forms, accounts are set up with SmartPay like a credit card. 4) The Competition in Contracting Act of 1984 (CICA) mandated “Full and Open Competition” in Government contracting. Name some of the circumstances where, under the statute, procurements can be made without full and open competition. Name two other statutes, also enacted in 1984, which impacted Federal contracting. Procurements can be made without full and open competition under some circumstances. When there is only one source for a contract, unique urgencies, industrial base maintenance, international agreements, brand name items for resale, and other contracts in the interest of the public procurements can be made without full and open competition. Any other procurement must be made under CICA. The Federal Acquisition Regulation (FAR) is the requirements of the Federal Acquisition Regulation System. FAR was one of the statutes passed in 1984. Some clauses and statutes passed dealt with Gratuities. This clause gives the Government the right to end a contract if after a legal hearing it is determined that the contractor gave a gratuity to a government employee. A gratuity is defined as money, entertainment, or other favor to a government agent or employee. Another clause passed in 1984 is the Covenant Against Contingent Fees. This makes it illegal for a contractor to give government employees contingent fees for favorable treatment. 5) Discuss the Federal Acquisition Streamlining Act of 1994 (FASA). Name two Government reports that are generally credited with stimulating the enacting of FASA. What were the goals, and some of the results of FASA? The Federal Acquisition Streamlining Act of 1994 (FASA) is the Act that allows purchases under $2,500 and other basic acquisition rules and procedures up to $100,000. Government reports by the internal DoD initiatives and the work of the Section 800 Panel are credited with stimulating the enacting of FASA. The goals and results were goals, performance, and schedules had to have specific requirements for key acquisition contracts/programs. A favorable dealing with contractors that could provide similar needs to other programs with the competitive bidding still available would be preferable. Debriefs about timing and content were established. The examination of performance of current and bidding contractors in the past became a factor. Electronic notices and applications became more prevalent. Government agencies like the FAA, NASA, and Department of Defense was given the opportunity to try new acquisition methods. A preference for commercial merchandise acquisitions was also formed. 6) Sealed bidding is a major method of contracting under the Federal contracting system. What is it that makes it different from acquisition by negotiation and what are the conditions that make it possible for a buyer to use the sealed bidding method of contracting? The difference between sealed bidding and contracting is the purpose. A sealed bid is when the Government already knows the plan and purpose for the acquisition. Acquisition by negotiation is when the Government wants proposals for a contract. The conditions that make it possible for a buyer to use the sealed bidding method of contracting are a specific job. Four conditions must be met. Time constraints allow for asking, submission, and evaluation of sealed bids, award on a price factor, no discussions necessary for the bid, and there is a possibility of more than one sealed bid. The sealed bids are only revealed to the buyer until a bid is accepted. An invitation is published to the public. The bids are received by the buyer. All the bids are made public before a decision is made. The Government then evaluates the bids. The bid that meets all the requirements with the lowest cost is awarded the contract. 7) Acquisition by negotiation is another major method of contracting used by the Federal Government. How do you distinguish an acquisition by negotiation contracting process from a sealed bid offering, and what are some of the techniques available to the Government in implementing an acquisition by negotiation The difference between sealed bidding and contracting is the purpose. A sealed bid is when the Government already knows the plan and purpose for the acquisition. This is only a call for bids to do the job already planned. Acquisition by negotiation is when the Government wants proposals for a contract. Acquisition by negotiation is only allowed if one or more of the four circumstances of sealed bidding cannot be met. Negotiations between the Government and contractor are one condition. The reason for this type of acquisition is to get the most product or service for the best price. Sometimes contractors can compete differently due to their different resources. It is more cost effective to negotiate than take sealed bids in some cases. It can also be more time efficient as well. 8) The Federal Government uses an unusual type of contracting in what is termed a letter contract. What is a letter contract? Is it a contract, i.e., a binding commitment? What are some of the requirements of its use, and what are the benefits and detriments to both the contractor and the Government to its use in Government contracting? A letter contract is a beginning contract that allows contractors to start work supplying goods or services immediately. When the Government uses a letter contract it is only under several circumstances. When a contractor needs assurance to begin work, or time does not allow for a full contract to be made, overall price maximum must be included is certain circumstances. Letter contracts specify dates to submit pricing, negotiations, and defining a contract. The letter contracts must have a complete contract before 180 days are up or 40% of services are completed. Limited Government Liability is defined before the final contract not exceeding 50% of the estimated cost of a full contract. Letter contracts are real contracts. They can be broken, but only under certain circumstances. Benefits to both the government and contractors are the expedience of the deal. The disadvantages are if a final contract cannot be reached. 9) Basic Agreements are in common use in US Federal Government contracting. What is a basic agreement? Is it a contract? How is it used in the Government contracting process? A Basic Agreement is not a contract. It is an understanding between the Government and contractor that has contract clauses which will apply to contracts in the future. Separate contracts that will happen in the future are also covered in a Basic Agreement. Basic Agreements are used when a large amount of different contracts could be awarded to a contractor over time. A Basic Agreement is used to negotiate fixed prices or reimbursement. Clauses are incorporated into Basic Agreement. A 30 day written notice by either the Government or contractor can break the Basic Agreement. Annual reviews are necessary for each Basic Agreement. Basic Agreements are used to save time when acquisitioning services or supplies that do not have a known price, specific item, or number. This could be gas due to rising or falling oil prices. 10) Range of Incentive Effectiveness is a term often heard in incentive contracting Government contracting circles. What is it and what is its purpose? Explain how it works in Government incentive contracts. Incentive contracts are used to receive services or supplies at a lower cost or when a fixed price is not feasible. Incentive contracts use the Range of Incentive Effectiveness. The Range of Incentive Effectiveness is when the Government offers extra incentives to a contractor for better service. Contractors that are offered more money will make them perform better. The Range of Incentive Effectiveness works when the Government evaluates the risks during the contract set up. A variable amount is set up if the contractor completes the job under or on budget or in a shorter time period. The Government always sets a maximum price for acquisitions when using Incentive contracts. If a contractor goes over the maximum price, the cost must be absorbed by the contractor. This system allows for contractors to make money by doing the job better or quicker. Read More