government procurement lawyer who understands source approval

by Prof. Mavis Wilkinson 9 min read

What is government procurement?

Contact Watson’s Government Procurement Lawyers Get immediate help from a law firm that understands the marketplace: To learn more about Watson & Associates’ federal government procurement lawyers. to set up a FREE confidential consultation to discuss the specifics of your case, call our procurement law firm at 1-866-601-5518.

How does a contracting officer obtain government procurements?

You Benefit from Our Resources. Our State and Local Government Procurement Team is supported by the vast resources of Holland & Knight, one of the nation's largest law firms with more than 1,600 attorneys and 200 practice areas. Drawing from the firm's commercial and public sector capabilities, we are able to deliver comprehensive services in ...

What is the best way to analyse government procurements?

Contracting with a sovereign, however, presents ever-changing statutory and regulatory procurement requirements, along with unique processes and consequences. We pride ourselves in providing cost-effective legal counsel to you, even in the most complicated circumstances, with a focus on minimizing risk and avoiding disputes.

Can a private party enter into a government procurement contract?

Bid protest procedures and agency regulations require that you must have notified the agency 14 days prior. For immediate help in a government investigation for Procurement Integrity Act violations under FAR 3.104 or federal criminal case, call 1-866-601-5518. Speak to an Attorney & Get a Free Initial Consultation.

What are the five major categories of government procurement?

Fixed-Price Contracts. The pricing of this group of government contracts will not change. ... Time & Materials Contracts. This one is quite straightforward. ... Cost-Reimbursement Contracts. ... Incentive Contracts. ... Indefinite Delivery & Quantity Contracts.Oct 26, 2021

What law governs federal contracts?

Most federal statutes regarding government contracts can be found in Title 41 of the United States Code (U.S.C.), “Government Contracts.” The notable exceptions to this general rule are the Anti-Deficiency Act and Armed Services Procurement Act statutes, which can be found in Title 31 and Title 10, respectively.Feb 7, 2019

What is far15?

FAR Part 15 describes the procedures for competitive and non-competitive open market acquisitions exceeding the Simplified Acquisition Threshold (SAT). Open market is defined as products or services not available from required sources of supply, such as GSA schedule contracts, outlined in FAR Part 8.

What is a government acquisition or procurement?

The federal government's basic procurement or acquisition process involves an agency identifying the goods and services it needs (also known as the agency's "requirements"), determining the most appropriate method for purchasing these items, and carrying out the acquisition.Nov 20, 2006

Who has the legal authority to bind the US government on a US government contract?

Contracting OfficersOnly Contracting Officers have the authority to contractually bind the United States Government.

Why do businesses need to be aware of executive orders that apply to government contractors?

What does the OFCCP do? The purpose of the OFCCP is to ensure that businesses with contracts of at least $10,000 with the federal government don't discriminate and that they take affirmative action in hiring.

What is lowest price technically acceptable?

(a) The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.Jan 21, 2022

What is the difference between FAR and DFAR?

The Defense Federal Acquisition Regulation Supplement (DFARS) to the Federal Acquisition Regulation (FAR) is administered by the Department of Defense (DoD). The DFARS implements and supplements the FAR.

What is a negotiated procurement?

Negotiated Procurement is the method for selecting a contractor without formal advertising and formal price competition. The rules and regulations for employing the negotiation method specify that the selection of a contractor will be made to the best advantage of the Government, price and other factors considered.

How government procurement is done?

Government procurement is the process by which the government acquires the goods and services it needs by purchasing from commercial businesses. Since agencies of the government use taxpayer money, there are a number of regulations on how to use it properly and responsibly.Feb 12, 2021

What is RA 9184 all about?

R.A.) 9184, otherwise. known as the “Government Procurement Reform Act,” for the purpose of prescribing the. necessary rules and regulations for the modernization, standardization, and regulation of the. procurement activities of the Government of the Philippines (GoP).(a)Dec 22, 2020

What is the purpose of government procurement?

Our duty is to make sure this money is spent fairly and efficiently, and for the long-term benefit of everyone in NSW. We believe government spending can help build a vibrant and sustainable NSW economy, promote innovation, deliver jobs where they are most needed and encourage economic participation.

What is early advice?

Early advice can protect your position in connection with later disputes, audits and investigations. We assist clients in negotiating contracts with state and local governments and are familiar in many jurisdictions with those terms and conditions that, although not mandatory, are considered by a state or local government to be “non-negotiable.” We analyze the legality of particular contract provisions and the risks relat ing to state or local government specific laws and regulations.

What is Holland and Knight?

Holland & Knight’s State and Local Government Procurement Team includes lawyers and professionals representing clients selling products or furnishing services to state or local governments, as well as lawyers assisting certain governmental entities in procurement policy and implementation, contract negotiation, responses to RFPs and bids, and protests and claims. Our clients are diverse in both size and products or services offered. We help them navigate virtually every form of state and local procurement used in the United States.

What is the Procurement Integrity Act?

Under 41 USC 423, the Procurement Integrity Act puts certain restrictions on and invokes penalties for, the conduct of government procurement officials and contractors during the procurement process. The primary problem that Congress sought to correct was to avoid the appearance of impropriety in federal procurement policy ...

What is a PIA violation?

PIA violations penalize former federal procurement office and policy officials from knowingly disclosing or contractors from knowingly obtaining “contractor bid or proposal information or source selection information before the award of a federal agency procurement contract to which the information relates.

What is the PIA?

The Procurement Integrity Act (PIA) makes it clear that the release of source selection in government contracting and contractor bid or proposal information is strictly prohibited. The statute also provides that former federal government employees who served in certain positions on a procurement action or contract in excess ...

What is procurement process?

The procurement process requires approvals to be sought at key junctures. The segregation of key procurement roles and responsibilities serves to ensure there are checks and balances in the system. The procurement process can be broadly broken down into the following stages:

Why do governments use open tenders?

As a default, the Government calls open tenders to ensure transparency and fair competition, as well as to derive the best public value through open competition. Information on the Government’s procurement opportunities can be found at the GeBIZ website ( www.gebiz.gov.sg ).

What is limited tender?

Limited Tenders. By invitation only, and may be open to one or a few suppliers. Limited tenders are used when the project concerns national security, or when it is not feasible or practical to call for open tenders; for example, because of intellectual property rights considerations or for works of art.

What is contract management?

Contract Management. Contract management includes all administrative duties associated with a contract after it is entered into. Government agencies must follow documented guidelines to: ensure that services or goods are supplied in accordance with the contractual requirements. monitor costs and documentation.

What is PPP in business?

Public Private Partnership (PPP) is a long-term partnering relationship between the public and private sectors to deliver services. Through PPP, the public sector seeks to bring together the expertise and resources of the public and private sectors to provide services to the public at the best value for money.

What is government procurement?

Government procurement is the process that the government uses to enter into contracts with service providers and vendors. These contracts can also include real estate purchases or leases. A contract between the federal government and a private or public service provider or vendor is subject to the same contract laws that apply to non-government ...

What is the document that outlines the contracting officer's authority to enter into an agreement on behalf of the federal

The document that outlines the contracting officer’s authority to enter into an agreement on behalf of the federal government and the scope of the agreement to be made is called a warrant. The contracting officer may not act outside the scope of the warrant or deviate from the laws and regulations that apply.

What are agencies required to do?

Agencies are required to produce Federal Procurement Reports that provide data about their respective government procurement contracts. Many of these contracts amount to billions of dollars in federal appropriations spending. The Department of Defense, Department of Energy, and the Department of Health and Human Services are among ...

What is the Federal Acquisition Regulation?

The Federal Acquisition Regulation. In order to address the plethora of rules that apply to government procurements, a body of administrative law has been created through the Federal Acquisition Regulation System, known as the Federal Acquisition Regulation or FAR.

What is the purpose of the statutes?

Congress enacts statutes that define the specific procedures that must be followed and identify the source of the funds that will be used to pay the contract price. First, the government agency or entity must have statutory authority to execute the contract.

Where is Graff & McGovern located?

Our office is located in Columbus, in the seat of Ohio government, which allows us to facilitate access to the state agencies and courts.

What is the Ohio Facilities Commission?

Under Ohio Rev. Code 123.20, the Ohio Facilities Construction Commission manage s all state construction for public works. The commission has the authority to set rules and guidelines for public facilities construction, as well as to approve, award, and administer design and construction contracts.

What is BAC in GPO?

The BAC identifies the particular agency and is assigned to a single Agency Location Code (ALC). The BAC also provides GPO with information regarding the method of payment (Intra-governmental Payment and Collection (IPAC), Government check, Government purchase card, or GPO deposit account).

What is government printing?

As used in this subpart— “Government printing” means printing , binding, and blank-book work for the use of an executive department, independent agency, or establishment of the Government. “Related supplies” means supplies that are used and equipment that is usable in printing and binding operations. 8.802 Policy.

What is the FPC?

The FPC consists of printing officers and professionals representing Federal organizations from the executive, judicial, and legislative branches. FPC activities support and enhance these organizations in meeting their communication mission through GPO.

What is the authority to purchase?

The authority to purchase is not one of them explicitly enumerated powers given to the Federal Government by Section 8 of Article One of the United States Constitution, but courts found that power implicit in the Constitutional power to make laws that are necessary and proper for executing its specifically granted powers, such as the powers to establish post offices, post roads, banks, an army, a navy, or militias.

How much does the US spend on government procurement?

In fiscal year 2019, the US Federal Government spent $597bn on contracts. The market for state, local, and education (SLED) ...

What is the purpose of Wikipedia?

The purpose of Wikipedia is to present facts, not to train. Please help improve this article either by rewriting the how-to content or by moving it to Wikiversity, Wikibooks or Wikivoyage. (October 2020) This article may be too long to read and navigate comfortably.

What is procurement contract?

Contracts for federal government procurement usually involve appropriated funds spent on supplies, services, and interests in real property by and for the use of the Federal Government through purchase or lease, whether the supplies, services, or interests are already in existence or must be created, developed , demonstrated, and evaluated.

How much did the US spend on procurement in 2019?

In fiscal year 2019, the US Federal Government spent $597bn on contracts. This compares with $442bn in fiscal year 2015 and $461bn in 2016. Federal Procurement Reports provide contract data which may be used for geographical, market, and socio-economic analysis, as well as for measuring and assessing the impact of acquisition policy and management improvements.

What is the power of the federal government?

The Federal Government's authority to enter into contracts derives from the U.S. Constitution, which defines its powers. The Federal Government acts through legislation, treaties, implementing regulations, and the exercise of those authorities. The Federal Government's power to contract is not set forth expressly and specifically in the U.S. Constitution, but Article 6 appears to assume the continued vitality of "Engagements" entered into under the preceding Articles of Confederation. Moreover, the power to contract was and is regarded at law as necessarily incidental to the Federal Government's execution of its other powers. An early Supreme Court case, the United States v. Thomas Tingey, recognized that the United States Government has a right to enter into a contract. It is an incident to the general right of sovereignty, and the United States may, within the sphere of the constitutional powers confided to it and through the instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law and appropriate to the just exercise of those powers. Scores of statutes now also expressly authorize departments and agencies to enter into contracts. The U.S. Congress passes legislation that defines the process and additional legislation that provides the funds.

What is the difference between commercial and private contracts?

Private parties entering into a contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner. Federal Government contracts allow for the creation of contract terms by mutual consent of the parties, but many areas addressed by mutual consent in commercial contracts are controlled by law in federal contracting and legally require use of prescribed provisions and clauses. In commercial contracting, where one or both parties may be represented by agents whose authority is controlled by the law of agency, the agent is usually allowed to form a contract only with reference to accepted notions of commercial reasonableness and perhaps a few unique statutes which apply. In Federal Government contracting, the specific regulatory authority is required for the Government's agent to enter into the contract, and that agent's bargaining authority is strictly controlled by statutes and regulations reflecting national policy choices and prudential limitations on the right of federal employees to obligate federal funds. By contrast, in commercial contracting, the law allows each side to rely on the other's authority to make a binding contract on mutually agreeable terms. Executive branch agencies enter into the contracts and expend the funds to achieve their Congressionally defined missions. When disputes arise, administrative processes within the agencies may resolve them, or the contractor can appeal to the courts.