The Inapplicability of Limitations on Subcontracting to "Preference Contracts" for Small Businesses: Washington-Harris Group

The Inapplicability of Limitations on Subcontracting to "Preference Contracts" for Small Businesses: Washington-Harris Group

Date: October 6, 2010
Creator: Manuel, Kate M.
Description: This report discusses Washington-Harris Group, a protest filed with the Government Accountability Office (GAO) alleging, among other things, that an agency improperly awarded a "preference contract" to a service-disabled veteran-owned small business that proposed to subcontract a greater percentage of work on the contract than allowed under the Small Business Administration's limitations on subcontracting.
Contributing Partner: UNT Libraries Government Documents Department
Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Date: June 27, 2012
Creator: O'Rourke, Ronald & Schwartz, Moshe
Description: This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms. Congress permits the Department of Defense (DOD) to use these options for a limited number of defense acquisition programs; compared to the standard or default approach of annual contracting, MYP and BBC have the potential for reducing weapon procurement costs by several percent.
Contributing Partner: UNT Libraries Government Documents Department
Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Date: October 1, 2010
Creator: Luckey, John R. & Manuel, Kate M.
Description: This report discusses constitutional and other legal issues related to the creation and implementation of location-based preferences in federal contracting, as well as summarizes key authorities requiring or allowing federal agencies to "favor" contractors located in specific places. The report does not address federal preferences for domestic products or provisions of federal law that could, depending upon their implementation, effectively prefer local contractors, such as project labor agreements.
Contributing Partner: UNT Libraries Government Documents Department
Interagency Contracting: An Overview of Federal Procurement and Appropriations Law

Interagency Contracting: An Overview of Federal Procurement and Appropriations Law

Date: January 11, 2011
Creator: Manuel, Kate M. & Yeh, Brian T.
Description: Recently, federal agencies have increasingly resorted to interagency contracting, relying on the contracts or contracting operations of other agencies to acquire goods and services. This increased use of interagency contracting has made it a topic of interest to some members of Congress. This report provides an overview of the federal procurement and appropriations laws governing interagency contracting. It defines key terms used in discussing interagency contracting; surveys the various interagency contracting vehicles; and describes recently enacted and proposed amendments to the laws governing interagency contracting.
Contributing Partner: UNT Libraries Government Documents Department
Competition in Federal Contracting: An Overview of the Legal Requirements

Competition in Federal Contracting: An Overview of the Legal Requirements

Date: January 10, 2011
Creator: Manuel, Kate M.
Description: This report describes the competition requirements currently governing the procurement activities of federal agencies. It addresses several issues, including what contracts are subject to competition requirements, what constitutes full and open competition for government contracts, and the circumstances permitting agencies to award contracts on the basis of other than full and open competition. It also briefly describes the benefits and drawbacks of competition, situates recent reform efforts within their historical context, and discusses how the policy debates surrounding competition in federal contracting can shape legislative responses.
Contributing Partner: UNT Libraries Government Documents Department
Civilian Extraterritorial Jurisdiction Act: Federal Contractor Criminal Liability Overseas

Civilian Extraterritorial Jurisdiction Act: Federal Contractor Criminal Liability Overseas

Date: February 15, 2012
Creator: Doyle, Charles
Description: The United States government uses hundreds of thousands of civilian contractors and employees overseas. They and their dependents are often subject to local prosecution for the crimes they commit abroad. Whether by agreement, practice, or circumstance—sometimes they are not. This report looks at two bills that would supplement the Military Extraterritorial Jurisdiction Act (MEJA), which permits federal persecution of certain crimes commuted abroad by Defense Department civilian employees, contractors, or their dependents. These two bills are the Civilian Extraterritorial Jurisdiction Act (CEJA) and S.1145.
Contributing Partner: UNT Libraries Government Documents Department
Sourcing Policy: Selected Developments and Issues

Sourcing Policy: Selected Developments and Issues

Date: February 7, 2012
Creator: Halchin, L. Elaine
Description: Dating back to the 1950s, federal sourcing policy generally has focused on the premise that the government should rely on the private sector for the provision of certain goods and services. Additionally, it has centered around guidance for conducting public-private competitions to determine whether federal employees, or contractor employees, should be selected to perform certain agency functions.This report provides an overview of the evolution of federal sourcing policy to date and identifies the major policy issues before Congress. It is not a legislation tracking report.
Contributing Partner: UNT Libraries Government Documents Department
The U.S. Postal Service's Use of Contractors to Deliver Mail: Background and Recent Developments

The U.S. Postal Service's Use of Contractors to Deliver Mail: Background and Recent Developments

Date: May 29, 2012
Creator: Kosar, Kevin R.
Description: Currently, the U.S. Postal Service (USPS) is collectively bargaining with the National Association of Letter Carriers (NALC) and National Rural Letter Carriers Association (NRLCA). One issue that may or may not be settled is the Postal Service's use of non-USPS employees (i.e., contractors) to deliver mail. If the parties cannot come to a satisfactory arrangement, Congress may be approached to consider the matter.
Contributing Partner: UNT Libraries Government Documents Department
Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Date: June 13, 2012
Creator: O'Rourke, Ronald & Schwartz, Moshe
Description: This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC),1 which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs. Compared to the standard or default approach of annual contracting, MYP and BBC have the potential for reducing weapon procurement costs by several percent.
Contributing Partner: UNT Libraries Government Documents Department
Presidential Authority to Impose Requirements on Federal Contractors

Presidential Authority to Impose Requirements on Federal Contractors

Date: January 10, 2012
Creator: Burrows, Vanessa K. & Manuel, Kate M.
Description: Executive orders requiring agencies to impose certain conditions on federal contractors as terms of their contracts have raised questions about presidential authority to issue such orders. FPASA authorizes the President to prescribe any policies or directives that he considers necessary to promote “economy” or “efficiency” in federal procurement. There have been legal challenges to orders (1) encouraging agencies to require the use of project labor agreements; (2) requiring that contracts include provisions obligating contractors to post notices informing employees of their rights not to be required to join a union or pay dues; and (3) directing departments to require contractors to use E-Verify to check the work authorization of their employees. In the event that Congress seeks to enlarge or cabin presidential exercises of authority over federal contractors, Congress could amend FPASA to clarify its intent to grant the President broader authority over procurement, or limit presidential authority to more narrow “housekeeping” aspects of procurement. Congress also could pass legislation directed at particular requirements of executive orders on federal contractors. For example, the 112th Congress enacted legislation that seeks to forestall implementation of any executive order requiring disclosure of contractors' political contributions and expenditures. Details of these processes are described ...
Contributing Partner: UNT Libraries Government Documents Department
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