Government Procurement in Times of Fiscal Uncertainty

Government Procurement in Times of Fiscal Uncertainty

Date: April 6, 2012
Creator: Manuel, Kate M.
Description: When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or "stop work" on the contract; and (3) terminate the contract for the government's convenience. However, courts have also found that the government has certain rights because it is the government, regardless of whether the contract provides for these rights. Such rights are commonly described as "inherent rights," and include the right to terminate the contract for convenience and, according to one tribunal, the right to suspend work.
Contributing Partner: UNT Libraries Government Documents Department
Domestic Content Legislation: The Buy American Act and Complementary Little Buy American Provisions

Domestic Content Legislation: The Buy American Act and Complementary Little Buy American Provisions

Date: April 25, 2012
Creator: Luckey, John R.
Description: Congress has broad authority to place conditions on the purchases made by the federal government or with federal dollars. One of many conditions that it has placed on direct government purchases is a requirement that they be produced in the United States. The most well-known of these requirements is the Buy American Act, which is the major domestic preference statute governing procurement by the federal government. This report summarizes (1) the Buy American Act, what it does and does not cover; (2) the Little Buy American Acts found in permanent law, emphasizing what they govern, major exceptions and why Congress felt them necessary in light of the requirements of the Buy American Act; and (3) the temporary Little Buy American provision found in the American Recovery and Reinvestment Act.
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: June 30, 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
Overview of the Federal Procurement Process and Resources

Overview of the Federal Procurement Process and Resources

Date: September 11, 2012
Creator: Halchin, L. Elaine
Description: This report discusses the the federal government's basic procurement or acquisition process: identifying the goods and services it needs, determining the most appropriate method for purchasing these items, and carrying out the acquisition. Although this process is simple in theory, any given procurement can be complex, involving a multitude of decisions and actions. This report also describes the most common elements of the federal procurement process and resources that may be used in that process.
Contributing Partner: UNT Libraries Government Documents Department
The Buy American Act: Requiring Government Procurements to Come from Domestic Sources

The Buy American Act: Requiring Government Procurements to Come from Domestic Sources

Date: August 29, 2008
Creator: Luckey, John R.
Description: The Buy American Act is the major domestic preference statute governing procurement by the federal government. Essentially it attempts to protect domestic labor by providing a preference for American goods in government purchases. In the 110th Congress a new reporting requirement was added to the Buy American Act. The Buy American Improvement Act of 2007 would make statutory the definition of "American made," increase the domestic content requirement from 50% to 75%, and place limits upon the "inconsistent with the public interest" and "use outside of the United States" exceptions to the act.
Contributing Partner: UNT Libraries Government Documents Department
V-22 Osprey Tilt-Rotor Aircraft: Background and Issues for Congress

V-22 Osprey Tilt-Rotor Aircraft: Background and Issues for Congress

Date: March 10, 2011
Creator: Gertler, Jeremiah
Description: This report discusses background information on the V-22 Osprey Tilt-Rotor Aircraft, as well as procurement issues for FY2012 and related oversight issues for Congress.
Contributing Partner: UNT Libraries Government Documents Department
Overview of the Federal Procurement Process and Resources

Overview of the Federal Procurement Process and Resources

Date: February 23, 2011
Creator: Halchin, L. Elaine
Description: he federal government's basic procurement or acquisition process involves an agency identifying the goods and services it needs (also known as the agency's "requirements"), determining the most appropriate method for purchasing these items, and carrying out the acquisition. Although this process is simple in theory, any given procurement can be complex, involving a multitude of decisions and actions. This report describes the most common elements of the federal procurement process and resources that may be used in that process.
Contributing Partner: UNT Libraries Government Documents Department
Other Transaction (OT) Authority

Other Transaction (OT) Authority

Date: July 15, 2011
Creator: Halchin, L. Elaine
Description: An other transaction (OT) is a special vehicle used by federal agencies for obtaining or advancing research and development (R&D) or prototypes. An OT is not a contract, grant, or cooperative agreement, and there is no statutory or regulatory definition of "other transaction." Only those agencies that have been provided OT authority may engage in other transactions.
Contributing Partner: UNT Libraries Government Documents Department
GAO Bid Protests: An Overview of Timeframes and Procedures

GAO Bid Protests: An Overview of Timeframes and Procedures

Date: October 4, 2010
Creator: Manuel, Kate M. & Schwartz, Moshe
Description: Protests of high-profile awards and reports that the number of protests is increasing have recently prompted congressional and public interest in bid protests, particularly bid protests filed with the Government Accountability Office (GAO). This report is one of two providing Congress with background on the GAO bid-protest process. It provides an overview of the timeframes and procedures in a GAO bid protest, including several issues enumerated in the report's introduction.
Contributing Partner: UNT Libraries Government Documents Department
Inherently Governmental Functions and Other Work Reserved for Performance by Federal Government Employees: The Obama Administration's Proposed Policy Letter

Inherently Governmental Functions and Other Work Reserved for Performance by Federal Government Employees: The Obama Administration's Proposed Policy Letter

Date: October 1, 2010
Creator: Halchin, L. Elaine; Manuel, Kate M.; Reese, Shawn & Schwartz, Moshe
Description: On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) issued a proposed policy letter on inherently governmental functions and other "work reserved for performance by federal government employees." While not final, the policy letter represents the Obama Administration's proposed guidance for agencies determining (1) whether particular functions are inherently governmental and (2) when functions closely associated with the performance of inherently governmental functions and critical functions should be performed by government personnel. The proposed policy letter raises several legal and policy issues of potential interest to Congress, given recently enacted and proposed legislation regarding inherently governmental functions and other limitations upon contracting out.
Contributing Partner: UNT Libraries Government Documents Department
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