Competition in Federal Contracting

Competition in Federal Contracting
Author: Kate M. Manuel
Publisher: DIANE Publishing
Total Pages: 39
Release: 2010
Genre: Law
ISBN: 1437922651

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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

Competition in Federal Contracting
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 26
Release: 2014-12
Genre:
ISBN: 9781505450118

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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 in Contracting Act of 1984

Competition in Contracting Act of 1984
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Publisher:
Total Pages: 248
Release: 1985
Genre: Competition
ISBN:

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Competition in Federal Contracting

Competition in Federal Contracting
Author:
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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Congressional Research Service 4 Competition in Federal Contracting: An Overview of the Legal Requirements The current interest in competition in contracting is perhaps to be expected given developments in the 25 years since the enactment of CICA. [...] The term of such contracts may not exceed the time necessary (1) to meet the unusual and compelling requirements of the work to be performed under the contract and (2) for the executive agency to enter into another contract for the required goods and services through the use of competitive procedures. [...] Congressional Research Service 10 Competition in Federal Contracting: An Overview of the Legal Requirements 3. Maintenance of the industrial base: It is necessary to award the contract to a particular source or sources in order (1) to maintain a facility, producer, manufacturer, or other supplier so that the maintained entity will be available to furnish property or services in the case of a natio [...] In such purchases, and in purchases of commercial items whose expected value exceeds the simplified acquisition threshold but is below $5.5 million (or $11 million in emergencies), agencies "must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government considering the administrative cost of the purc [...] Congressional Research Service 18 Competition in Federal Contracting: An Overview of the Legal Requirements intended to take to increase competition for contracts and reduce the number and value of noncompetitive contracts.97 FASA removed this reporting requirement,98 but Paul A. Denett, the Administrator of the Office of Federal Procurement Policy (OFPP) in the Bush Administration, required simil.

Competition in Contracting Act of 1983

Competition in Contracting Act of 1983
Author: United States. Congress. Senate. Committee on Armed Services
Publisher:
Total Pages: 484
Release: 1983
Genre: Government purchasing
ISBN:

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Federal Contracting

Federal Contracting
Author: John P. Hutton
Publisher: DIANE Publishing
Total Pages: 61
Release: 2011-04
Genre: Business & Economics
ISBN: 1437938337

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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.

Procurement

Procurement
Author:
Publisher:
Total Pages: 70
Release: 1990
Genre: Government purchasing
ISBN:

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Defense Contracting

Defense Contracting
Author: U.s. Government Accountability Office
Publisher:
Total Pages: 42
Release: 2017-08-04
Genre:
ISBN: 9781974236886

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"Competition is the cornerstone of a sound acquisition process and a critical tool for achieving the best return on investment for taxpayers. In fiscal year 2012, DOD obligated $359 billion through contracts and task orders, of which 57 percent was competed. DOD also obligates billions of dollars annually on contracts that are awarded competitively, but for which the government received only one offer. DOD implemented the Better Buying Power initiative in 2010, in an effort to increase competition.The conference report for the National Defense Authorization Act for Fiscal Year 2012 directed GAO to report on DOD's non-competitive and one-offer contracts. GAO examined (1) trends in DOD's use of noncompetitive awards; (2) factors influencing DOD's competition rate; (3) the extent to which justifications provided insight into the reasons for noncompetitive awards; and (4) the impact of DOD's new requirement for competitive solicitations that only elicit one offer. GAO analyzed federal procurement data for fiscal years 2008 through 2012, reviewed DOD policy and competition reports, examined nongeneralizable samples of awards, and interviewed DOD officials."