GAO Protest vs. Agency-Level Protest
Introduction
The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in
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With the exception of those instances outlined in FAR 16.505(b) (4), these kinds of protests should be delivered to the agency’s task and delivery order ombudsman (Nacke & Ralston 2011).
The agency-level protest process is started when the contractor delivers the written protest to the contracting officer or other delegated representative. The protest should include the name and contact information of the contractor, the solicitation or contract number, a statement which requests a ruling and provides a detailed description of the reasons for the protest, back-up documentation, and the contractor’s requested relief. Within the statement, the contractor must also provide documentation to show that they qualify as an interested person and that the protest was submitted within the timeframe requested (Nacke & Ralston 2011).
The remaining procedure will vary from one agency to another. These will also determine who is assigned to review the dispute; the contracting officer, ombudsman or by an independent decision authority who ranks higher than the contracting officer. If the dispute is reviewed by the contracting officer, they are required to prepare a report to be reviewed by the agency appellate. The FAR does not require the agency to draft a report addressing the dispute however, some agencies require this through their internal protest
Privatization has grown exponentially over the years as the government continues to try to find more economic ways to conduct business. Through the use of contracts, this is achieved by utilizing the lowest bidder. Should the work being done not meet the standards set forth, the contract is not renewed and the process begins again saving the government money by not having to hire Civil Servants who are then employees of the government, whom do not have a contract and are very difficult to get rid of should their work not be satisfactory.
Zakheim and Kadish explain two decades ago, there were more than twenty prime contractors competing for defense contracts while today the government relies on just six contractors to build its defense systems. Zakheim and Kadish state, “The system largely forgoes competition on price, delivery and performance and replaces it with a kind of “design bureau” competition”. The report explains that firms such as Boeing and Lockheed Martin have operated in collaboration on several projects such as the Air Force’s next generation bomber (Zakheim & Kadish, 2008). Collaboration of this nature suggests cooperative equilibrium between the firms to enhance their mutual payoff of outbidding competitors. With the defense market on the downturn pending major budget cuts over the next several years, more collaboration strategies are possible for firms to remain competitive. The existing procurement system encourages bargaining among the government and bidding firms. When budgets are allocated generously, demand is high and firms can set their prices higher. Budget cuts decrease demand and increase bargaining between buyer and seller. Security Industry reports budget deficits subject contracts to greater
The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms.
The government selects contract proposals from many competitors large and small, and each proposal must be effective in scope and developed with an attitude of winning the contract. From the e-Activity, select two (2) of the suggested commandments that you feel are most important to understand in order to write a government bid proposal effectively. Provide a rationale for your selection.
This paper includes a description of the procurement planning process. The most valuable output of the plan procurement process will be identified. Furthermore, the various contract types will be explained. A source criterion that would be applicable to any project will be described and three criteria that would apply to most projects will be identified. An analysis of the ethical
In your grievance filed at Central Unit, you claim COIII Forman refused to provide you staff assistance to help you gather evidence for your pending disciplinary hearing. You are requesting that COIII Forman receive sanctions and retraining on being a Disciplinary Coordinator.
Your grievance appeal has been reviewed at Central Office and the Deputy Bureau Administrator's response is affirmed. Pursuant to DEPARTMENT ORDER 903 INMATE WORK ACTIVITES
In your grievance filed at Cook Unit, you claim the changes to Department Order 914 are vague and ambiguous, thus violating your Constitutional Rights. You further assert the changes are difficult to comply with. Your resolution is to reverse the changes made to the policy.
a. The U.S. Federal government features a main legal requirement to purchase supplies as well as services on a competing and effective basis. Nevertheless, the U.S. Government has additionally applied via the procurement procedure particular guidelines to promote socioeconomic goals. Programs happen to be developed to supply elevated contracting possibilities to small-scale, small-disadvantaged, women-owned-and-run small-scale, HUBZone small-scale, veteran-owned small-scale, and service-disabled veteran-owned small-scale companies. Companies should also adhere to ancillary specifications arising beneath numerous laws and also Executive Orders (A/OPE, 2011).
Procurement is the process of selecting suppliers and signing contracts for the purchase of goods and services. While simple in definition, quite the opposite is true when it comes to execution. When speaking about public and private sectors, they are two entirely different entities. They have different work principles, different functions and responsibilities in the economy, and different limitations to do work. In the case of government acquisition, the leading and primary objective is for public good, not profit. For a private venture, it is profit for the shareholders. A private company has to have profit as the first priority when awarding procurement contracts. Due to this obvious dichotomy, contractors generally either service
The OIG complaint references past successful awards to GLS. This is correct. Changes in contracting have occurred with NRCS during the past 18 months to ensure adequate oversight and adherence to national laws and policy. Contracts and agreements are processed through a national delivery service team and it is my observation that many of the items we were comfortable with in North Dakota now have more requirements and levels of quality review.
There might be some moral issues required as for the organizations ensnared in the demonstrations. Alternatives antedating may emerge, not just as a result of administrative mistakes, careless record keeping, or inner control framework disappointment,
Strict adherence to formal procedures characterizes sealed bidding which attempts to provide a “level playing field” or as a multitude of references point out equal footing to all bidders who compete for a contract. Competitive negotiation is a more flexible process that enables the agency to conduct discussions, evaluate offers, and award the contract using price and other factors. The Federal Acquisition Regulation (FAR), whose origins can be traced back to the ASPA of 1947 was codified at Title 48 of the Code of Federal Regulations and became effective 1 April 1984. The FAR contains the uniform policies and procedures for acquisitions by all federal agencies to date. It addresses nearly every procurement related statute or executive policy; and subsequently encompasses every stage of the acquisition process. In a nutshell, FAR appears to have modernized and thus enveloped the aforementioned three acts.
Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.” It even further explains that there is no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. In selecting a contracting officer, the appointing official considers the dollar value of the acquisition, the complexity and the potential contracting officer’s experience, education, business acumen, character and reputation. A contracting officer is appointed in writing and states any limitations on the scope of the authority that is to be given to them. The FAR specifies that a contracting officer’s responsibility to ensure that no contract is entered into unless it meets all requirements of law, regulations and other procedures, that sufficient funds are available and that contractors receive impartial, fair and equitable treatment. Unlike the commercial sector, the FAR mandates that certain requirements be met prior to being appointed to a contracting officer. It requires that the candidate complete all mandatory contracting courses required for