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Federal Contracting: Comments on S. 1724, the Freedom From Government Competition Act
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 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 noncompetitive contracts in certain situations. Agencies are also required to establish competition advocates to promote competition. GAO assessed (1) trends in noncompetitive 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. GAO reviewed federal procurement data and 107 randomly selected contracts at the departments of Defense, Interior, and Homeland Security (which had among the highest noncompetitive obligations in fiscal year 2008) and interviewed contracting and program officials, competition advocates, and contractors.
Discusses the standards and procedures that fed. agencies use in making responsibility determinations under FAR. Gov¿t. agencies contract with the lowest qualified responsible bidder. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under FAR, ¿[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility.¿ To be determined responsible, contractors must meet general standards, which include so-called ¿collateral requirements.¿ Contents of this report: Intro.; Mechanisms for Ensuring Contractors are Responsible; Performance Standards and Collateral Requirements; Procedures. A print on demand pub.
GGD/NSIAD-98-167R Competitive Contracting: Information Related to the Redrafts of the Freedom From Government Competition Act