Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 2. The Contract
| 2. Regulatory Controls Although extremely broad in purpose by statute, EEE funds have strict regulatory controls. This is largely due to their limited availability and potential for abuse. DOD typically uses these funds in the following ways: 3. Official Representation Funds (ORF) (Protocol) This subset of emergency and extraordinary expense funds is available to extend official courtesies to authorized guests, including dignitaries and officials of foreign governments, senior US. Government officials, senior officials of state and local governments, and certain other distinguished and prominent citizens. In some limited cases, ORF funds maybe used to purchase gifts and mementos to specified non-DoD guests. See AR 37-47. 4. Criminal Investigation Activities. This subset of emergency and extraordinary expense funds is available for unusual expenditures incurred during criminal investigations or crime prevention. 5. Intelligence Activities. This subset of emergency and extraordinary expense funds is available for unusual expenditures incurred during intelligence investigations. Return to Table of Contents Return to Table of Contents 335 61 Government Contract Law for Commanders A. Introduction 1. The Federal Acquisition Regulation System The Government has many needs that cannot be fulfilled through the use of Federal labor or supplies and that instead require the use of a contract with a non-Federal entity. The commitment of appropriated funds to fulfill a Government need through a contract is governed by the Federal Acquisition Regulation System. The purpose of the Federal Acquisition Regulation System is to provide uniform policies and procedures for acquisition The Federal Acquisition Regulation System consists of the Federal Acquisition Regulation (FAR, which is the primary regulatory document, as well as agency acquisition supplements and regulations that implement or supplement the FAR. The vision for the FAR is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives. The guiding principles of the Federal Acquisition System serve to Satisfy the customer in terms of cost, quality and timeliness of the delivered product or service by, for example, promoting maximum competition, using commercial end products or services, and using contractors who have a track record of successful past performance or otherwise demonstrate superior ability to perform Minimize administrative operating costs Conduct business with integrity, fairness and openness and Fulfill public policy objectives. Agency FAR supplements are generally intended to provide direction and guidance as to how statutory and regulatory requirements contained in the FAR are implemented within a particular agency. 2. The Contract Under the FAR, a contract is a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. The FAR and its supplements apply to contracts funded with appropriated funds. Download 4.49 Mb. Share with your friends:
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