The FASMG's Tips

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ISM FASMG-TIPS

The ISM Federal Acquisition and Subcontract Management Group (FASMG) is providing TIPS on contracting and acquisition in the Federal Acquisition environment through these periodic articles.  Questions on the articles should be addressed to the author, as noted in their bio at the end of the article.  The following is the second article in our TIPS series. We invite you to submit tips you may feel should be included in this new activity.  Just send them to your chair at ewhitt2@verizon.net and we will get them out in e-mails to all our members.

Accountability and Transparency

in Soliciting and Awarding Government Contracts

          The vision for the Federal Acquisition System 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 (FAR 1.102).  One of the many public policy objectives in Federal Acquisition is the requirement for promoting full and open competition in soliciting offers and awarding contracts (FAR 6.101).  The Competition in Contracting Act (CICA) allows for other than full and open competition given the following circumstances:   1. Only one responsible source, and no other supplies or services will satisfy agency requirements, 2. Unusual and compelling urgency, 3. Industrial mobilization; engineering, developmental, or research capability; or expert services, 4. International agreement, 5. Authorized or required by statute. 6. National security, and  7. Public interest (FAR 6.302).

          Each contract award that does not provide for full and open competition must contain a reference to the specific authority under which it was awarded.  A Justification and Approval (J&A) referencing the specific authority for other than full and open competition must be provided and approved in accordance with agency requirements.

            In an effort to make the federal contracting system more transparent and to make federal agencies more accountable, recent changes to the Federal Acquisition Regulation (FAR) now require the agency to make publically available within 14 days after contract award the justification for contract awards using other than full and open competition.  The availability of the justification can be found at the Governmentwide Point of Entry (GPE) www.fedbizopps.gov and on the website of the agency, which may provide access to the justification by linking to the GPE.

            In the case of a contract award permitted under “unusual and compelling urgency,” the justification shall be posted within 30 days after contract award. (FAR 6.305).

            Publicizing and making available the justification for awarding contracts on a sole source basis (using other than full and open competition) will support the government’s move toward more transparency and accountability in the federal acquisition system as it maintains the public trust and fulfills public policy objectives.

References

Federal Acquisition Regulation. (2009).Washington: Government Printing Office.

Rendon, R. G., & Snider, K. F. (Eds.). (2008).  Management of Defense Acquisition Projects.  American Institute of Aeronautics and Astronautics, Reston, Virginia.

Rendon, R. G. (2007). Government Contracting Basics. Federal Acquisition Action Pack. Management Concepts, Vienna, Virginia.

PROVIDED BY – Dr. Rene G. Rendon, CPCM, CPSM, C.P.M., PMP. 

Contact author: rgrendon@nps.edu

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