Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 2. The Competition in Contracting Act (CICA) of 1984
- 3. Solicitation, Offer and Award
- 4. Bid Protests
| C. Contract Formation The process by which agencies assess and determine its needs—and the best way to fulfill those needs through the lawful award of a procurement contract appropriate to the circumstances is often referred to as the contract formation period. 1. Acquisition Planning Acquisition Planning is the process of coordinating and integrating efforts of the agency’s acquisition personnel through a comprehensive plan that provides an overall Return to Table of Contents 337 strategy for managing the acquisition and fulfilling a Government need in a timely and cost effective manner. Acquisition Planning involves conducting market research appropriate to the circumstances to collect and analyze information about the ability of the market to satisfy Government needs. Under the FAR, agencies must perform acquisition planning and conduct market research for all acquisitions to promote (1) the acquisition of commercial or nonde- velopmental items to the maximum extent practicable and (2) full and open competition (or competition to the maximum extent practicable). 2. The Competition in Contracting Act (CICA) of 1984 In 1984, Congress passed the Competition in Contracting Act (CICA) to increase competition in government contracting and to impose more stringent restrictions on the award of noncompetitive sole source contracts. Under the CICA, and the FAR, Contracting Officers shall provide for full and open competition by using competitive procedures to solicit offers and award contracts, unless a lawful exception applies. In general, if full and open competition is not provided, the Contracting Officer must justify the decision to solicit offers and award noncompetitive contracts. This justification must be approved at appropriate levels. 3. Solicitation, Offer and Award In general, the Government must provide notice of proposed contract actions, and this notice is usually transmitted through the authorized Government-wide point of entry, https:// www.fbo.gov/. The intent behind the general requirement for broad publication of proposed contract actions is to promote maximum competition, broaden industry participation in meeting Government requirements, and to assist small business concerns with obtaining contracts and subcontracts. Once the agency publishes a solicitation to fulfill a particular Government need and in this solicitation explains how the Government intends to evaluate bids, quotes, or proposals, potential contractors will have time to respond to this solicitation with a bid, quote or proposal that explains how the prospective contractor intends to meet the Government’s need. The Government then conducts an evaluation of the bids, quotes or proposals. Following the evaluation, the Government awards a contract to the contractor with the bid, quote or proposal that represents the best value to the Government. 4. Bid Protests The laws and regulations that govern contracting with the Government are designed to ensure that each procurement is conducted fairly. On occasion, individuals or entities interested in Government procurements may have reason to believe that a contract has been—or is about to be—awarded improperly or illegally, or that they have been unfairly denied a contractor the opportunity to compete fora contract. In such an instance, the individual or entity is authorized to submit a formal protest. This bid protest maybe submitted directly to the procuring agency, to the Government Accountability Office (GAO, or to the United States Court of Federal Claims (COFC) in Washington, DC. Download 4.49 Mb. Share with your friends:
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