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71-517: The CDRL identifies what data products are to be formally delivered to the government by a contractor, as well as when and possibly how (e.g. format and quantity) they are to be delivered. The list typically is Section C of the Uniform Contract Format and consists of a series of individual data items, each of which is recorded on a Data Item form (DD Form 1423) containing the tailored data requirements and delivery information. The CDRL

142-678: A bidder may be required to decide upon project expectations, timetable, product design, and vendors. Other requested information may include basic corporate information and history, technical capability, product information. In United States government procurement , Federal Acquisition Regulation 15.203 covers requests for proposals, stating Requests for proposals (RFPs) are used in negotiated acquisitions to communicate Government requirements to prospective contractors and to solicit proposals. The FAR allows for evaluation of proposals, further discussions with bidders and invitation for submission of written final proposal revisions (FPRs), upon which

213-638: A block for simple citation of which DID it is, as well as where it is mentioned in the SOW and what part(s) of the overall work breakdown structure it is involved with. The remarks block may explain how the DID will be applied, but can not alter or add to the DID. (Language altering the data item description would obviously make it no longer a standard DID available by simple citation, pre-approved, and readily handled by existing Department of Defense processes.) Contracts issued by governments (including their militaries) outside

284-475: A contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner. Federal Government contracts allow for the creation of contract terms by mutual consent of

355-464: A customer needs more information from vendors before submitting an RFP. An RFI is typically followed by an RFP or RFQ. When an RFP is made after negotiations with prospective contractors, the submitted tender is known as a BAFO (best and final offer). A request for proposal requires the bidder to produce an original business proposal based on the buyer's needs. Depending on the RFP document's specification,

426-460: A different purpose, according to the Purpose Act ( 31 U.S.C.   § 1301 ). The annual DoD appropriations acts include approximately 100 different appropriations (known as "colors of money"), and by this rule operations and maintenance (O&M) funds may not be used to buy weapons. Even an expenditure within the apparent scope of one appropriation may not be permissible if there is

497-481: A few unique statutes which apply. In federal government contracting, the specific regulatory authority is required for the Government's agent to enter into the contract, and that agent's bargaining authority is strictly controlled by statutes and regulations reflecting national policy choices and prudential limitations on the right of federal employees to obligate federal funds. By contrast, in commercial contracting,

568-492: A final selection decision is based. Federal government requests for final proposal revisions must advise offerors that the final proposal revisions shall be in writing and that the Government intends to make award without obtaining further revisions. The term "request for proposals" is sometimes used in relation to government procurement in the United Kingdom , for example a request for proposals to raise and manage

639-526: A manner consistent with ... international obligations". Some agreements allow overseas suppliers to access government procurement markets and provide for reciprocal rights for US suppliers to access foreign government contracting opportunities. President Donald Trump 's Executive Order 13788 (18 April 2017) provided for a review of such agreements so as to identify whether any could be considered to undermine US interests. In regard to states' procurement, an example of support for overseas suppliers' market access

710-582: A more specific appropriation or the agency has made a previous funds election contrary to the proposed use of funds. For example, O&M fund can be used for purchasing repair parts , but if the parts are required to effect a major service life extension that is no longer repair but replacement – procurement funds must be used if the total cost is more than $ 250,000 (otherwise known as the Other Procurement threshold, for example, Other Procurement Army (OPA) threshold) or another procurement appropriation

781-593: A planning exercise in advance of procurement commencing. Acquisition planning is described in FAR Part 7, Acquisition Planning , and in agency supplements to the FAR, for example, Defense FAR Supplement (DFARS) 207, Acquisition Planning and the US Army's supplementary regulation, AFARS Part 7, Acquisition Planning. Acquisition planning is frequently dependent on the circumstances. For example, during World War II , quantity

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852-459: A specific exemption. The net result of this rule is funds expire after the end date for which Congress has specified their availability. For example, a single-year fund expires on 1 October of the year following their appropriation (i.e., FY07 appropriations. (for example, 1 October 2006 through 30 September 2007) expire on 1 October 2007). For example, operations and maintenance funds generally cannot be used to purchase supplies after 30 September of

923-582: A specific warrant which states the conditions under which they are permitted to engage in Federal contracting as an agent of the Government. The authority of a Contracting Officer to contract on behalf of the Government is set forth in a public document (a certificate of appointment, formerly called a "warrant") which a person dealing with the Contracting Officer can review. The CO does not have authority to act outside this warrant or to deviate from

994-437: A workers, because the tasks involved military secrets and supervisors were not permitted to know the secrets. If a supervisor asked the worker what he or she were doing, they would reply "it's government work", or it's a "G-job". Some workers took advantage of military secrecy by doing personal work while on the job and falsely claiming they were doing a G-job. After the war, "G-job" became slang for doing personal work while on

1065-504: Is about Congressional oversight of the Executive Branch, not principally toward getting the mission accomplished nor getting a good deal for the Government. Fiscal law frequently prevents government agencies from signing agreements that commercial entities would sign. Therefore, fiscal law can constrain a federal agency from the quickest, easiest, or cheapest way to accomplish its mission. This constitutionally mandated oversight of

1136-481: Is available such as the armored vehicle or weapons appropriation. An Antideficiency Act violation can also occur when a contract uses funds in a period that falls outside of the time period the funds are authorized for use under what is known as the Bona Fide Needs rule (31 USC 1502), which provides: "The balance of a fixed-term appropriation is available only for payment of expenses properly incurred during

1207-648: Is commonly called the Federal Acquisition Regulation ("FAR"). The remaining chapters of Title 48 are supplements to the FAR for specific agencies. The process for promulgating regulations including the Federal Acquisition Regulation (FAR) includes publication of proposed rules in the Federal Register and receipt of comments from the public before issuing the regulation. Courts treat the FAR as having

1278-766: Is governed primarily by the Armed Services Procurement Act and the Federal Property and Administrative Services Act . To address the many rules imposed by Congress and the courts, a body of administrative law has been developed through the Federal Acquisition Regulation . This 53-part regulation defines the procurement process, including special preference programs, and includes the specific language of many clauses mandated for inclusion within Government contracts. Most agencies also have supplemental regulatory coverage contained in what are known as FAR Supplements. These supplements appear within

1349-536: Is guided by the Adaptive Acquisition Framework which can be used for acquiring products, services, and software on anything from an "Urgent Needs" basis to a Middle Tier of Acquisition to a Major Capability Acquisition. These procurement needs may are filled by acquisition programs, one of which is a Program of Record. The GAO raised concerns in 2011 regarding urgent needs' complex and uncoordinated acquisition processes, noting that Over

1420-423: Is necessary to emphasize competition and understand the acquisition from the view point of the contractor; Government acquisition commands should ask what is to be achieved and whether or not the program is really in the best interest of the Government, specifying needs in a manner designed to achieve full and open competition and including restrictive requirements "only to the extent that they are necessary to satisfy

1491-411: Is necessary to ensure a command that essentially trades or sells items, frequently information technology (IT) equipment, can retain the receipts from the trade-in or sale and apply them to the acquisition of replacement items. Generally, federal acquisitions begin with identification of a requirement by a specific Federal activity. A basic idea of what is needed and the problem statement are prepared and

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1562-457: Is presumed to know the scope of the Contracting Officer's authority and cannot rely on any action of Contracting Officers when it exceeds their authority. Contracting Officers are assisted in their duties by Contracting Officer Representatives (CORs) and Contracting Officer Technical Representatives (COTRs), who usually do not have the authority of a Contracting Officer. The Contracting Officer and internal departments/end users ideally undertake

1633-414: Is provided in publication 5010.12-M. Other US government agencies may include CDRLs in contracts, but these will not use the military 's DD Form 1423. Most data items are developed and delivered in compliance with pre-defined data item descriptions (DID) . These pre-defined data items may be tailored by deleting any part of a DID that is not applicable to the specific acquisition. The CDRL form provides

1704-575: Is recorded in the Future Year's Defense Program (FYDP) or can be updated from the previous year's FYDP. Prime government contractors bid to secure contracts to fulfill these Programs of Record. The term "Program of Record" originates from these programs being recorded in the budget as "line item record[s]", hence the name. However, not all procurement programs are programs of record. For example, acquisition programs made on an "Urgent Needs" basis are not considered Programs of Record as they lack some of

1775-573: Is the standard format for identifying potential data requirements in a solicitation , and deliverable data requirements in a contract. The purpose of the CDRL is to provide a standardized method of clearly and unambiguously delineating the government's minimum essential data needs. The CDRL groups all of the data requirements in a single place rather than having them scattered throughout the solicitation or contract. Each CDRL data item should be linked directly to statement of work (SOW) tasks and managed by

1846-412: Is usually part of a complex sales process, and made through a bidding process. Unlike invitations to tender , which award contracts based upon the price and quality of the tender, RFPs allow suppliers more flexibility in proposing an original service or product in alignment with a company's needs. Similar requests include a request for quotation (RFQ) and a request for information (RFI), where

1917-603: The Code of Federal Regulations (CFR) volumes of the respective agencies. For example, the Department of Defense (DOD) FAR Supplement can be found at 10 CFR. Government contracts are governed by federal common law , a body of law which is separate and distinct from the bodies of law applying to most businesses—the Uniform Commercial Code (UCC) and the general law of contracts. The UCC applies to contracts for

1988-619: The Secretary of the Air Force or the Administrator, National Aeronautics and Space Administration . Agency heads delegate their authority to Contracting Officers, who either hold their authority by virtue of their position or must be appointed in accordance with procedures set forth in the Federal Acquisition Regulation. Only Contracting Officers may sign Government contracts on behalf of the Government. A Contracting Officer has only

2059-438: The U.S. Constitution , which defines its powers. The Federal Government acts through legislation , treaties, implementing regulations , and the exercise of those authorities. The Federal Government's power to contract is not set forth expressly and specifically in the U.S. Constitution, but Article 6 appears to assume the continued vitality of "Engagements" entered into under the preceding Articles of Confederation . Moreover,

2130-743: The UK Government 's proposed Broadband Investment Fund was issued in June 2016. The collective term RFX is often used to embrace a request for proposal (RFP), or any of the terms listed below. Government procurement in the United States In the United States , the processes of government procurement enable federal , state and local government bodies in the country to acquire goods, services (including construction ), and interests in real property . Contracting with

2201-429: The "force and effect of law", and Contracting Officers do not have the authority to deviate from it. Supplements to the FAR have been issued following the same process, and have the same force and effect. The FAR and its supplements permit a substantial variation from the purchases of paperclips to battleships. The Contracting Officer and the contractor must seek to achieve their sometimes conflicting goals while following

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2272-459: The Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired". The Federal Property and Administrative Services Act of 1949 gives agencies general authority to sell federal personal property and use

2343-551: The GAO Redbook at http://www.gao.gov/legal.htm ) has a detailed discussion of these fiscal law rules which directly impact on the ability of a Federal agency to contract with the private sector. The Procurement Integrity Act (PIA), introduced after a three-year FBI investigation launched in 1986 known as " Operation Ill Wind ", applies to persons who engage in federal source selections and includes prohibitions on gifts being given to source selection personnel, restrictions on

2414-470: The GAO notes that, allowing agencies "broad discretion", choices made by awarding agencies about the appropriate corrective action will generally be recognised, as long as they are appropriate to the concern being addressed. If there is found to be no impropriety in the agency's award decision or any impropriety is found not to have been prejudicial to the companies submitting bids, the GAO is more likely to question

2485-436: The Government and its contractors ("prime contracts") are governed by federal common law. Contracts between the prime contractor and its subcontractors are governed by the contract law of the respective states. Differences between those legal frameworks can put pressure on a prime contractor. The authority to purchase is not one of the explicitly enumerated powers given to the Federal Government by Section 8 of Article One of

2556-581: The Government from receiving gratuitous services without explicit statutory authority. In particular, an ADA violation occurs when a Federal agency uses appropriated funds for a different purpose than is specified in the appropriations act which provided the funds to the agency. The ADA is directly connected to several other fiscal laws, namely the Purpose Act and the Bona Fide Needs Rule. Money appropriated for one purpose cannot be used for

2627-557: The US Federal Government spent $ 597bn on contracts. The Obama administration measured spend at over $ 500bn in 2008, double the spend level of 2001. Other estimates suggest spend was $ 442bn in fiscal year 2015 and $ 461bn in 2016. Federal Procurement Reports provide contract data which may be used for geographical, market, and socio-economic analysis, as well as for measuring and assessing the impact of acquisition policy and management improvements. In fiscal year 2010,

2698-482: The US also use CDRLs as part of their statements of Work. These CDRLs do not use the US military's DD Form 1423, but may utilize some of the same elements to define their need for documentation. Request for Proposal A request for proposal ( RFP ) is a form of reverse auction that solicits a business proposal by an organisation interested in the procurement of a service or product from potential suppliers. It

2769-597: The United States Constitution , but courts found that power implicit in the constitutional power to make laws that are necessary and proper for executing its specifically granted powers, such as the powers to establish post offices , post roads , banks , an army, a navy, or militias. Behind any federal government acquisition is legislation that permits it and provided money for it. These are normally covered in authorization and appropriation legislation. Generally, this legislation does not affect

2840-660: The acquisition process itself, although the appropriation process has been used to amend procurement laws, notably with the Federal Acquisition Reform Act (FARA) and the Federal Acquisitions Streamlining Act (FASA). Other relevant laws include the Federal Property and Administrative Services Act of 1949 , the Armed Services Procurement Act ( ASPA ) and the Antideficiency Act . U.S. Federal fiscal law

2911-458: The agency's legitimate needs". Where contracting officers recognise that acquisition documents have not been well formulated or are not suitable for ensuring fair and impartial competition, they have "broad discretion" to take appropriate corrective action. In some cases, the appropriate action will be to withdraw a solicitation and re-issue an amended one. In its review decision on an issue raised by Northrop Grumman Information Technology in 2011,

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2982-425: The authority delegated pursuant to law and agency procedures. Unlike in commercial contracting, there is no doctrine of apparent authority applicable to the Government. Any action taken by a Contracting Officer which exceeds their actual delegated authority is not binding on the Government, even if both the Contracting Officer and the contractor desire the action and the action benefits the Government. The contractor

3053-538: The contract data requirements list in conjunction with the appropriate Data Item Description (DID) respectively, with none of the requirements restated in other parts of the contract." Subpart 215.470 of the Defense Federal Acquisition Regulation Supplement (DFARS) document requires the use of the CDRL in solicitations when the contract will require delivery of data. Guidance on how to fill in and handle DD Form 1423-1

3124-616: The dissemination of procurement sensitive information and post Government employment restrictions. The Act applies to federal and contractor employees. Non-compliance may result in criminal or civil penalties, cancellation of the procurement, rescinding contracts, suspension or debarment. The Act is implemented at FAR 3.104 . The GAO confirmed in 2014 that its jurisdiction includes investigation of protests raising allegations of PIA violation. President Kennedy 's Executive Order 10936 of 24 April 1961 required federal agencies to investigate and report on identical bids received in connection with

3195-604: The federal government or with state and local public bodies enables interested businesses to become suppliers in these markets. In fiscal year 2019, the US Federal Government spent $ 597bn on contracts. The market for state, local, and education (SLED) contracts is thought to be worth $ 1.5 trillion. Supplies are purchased from both domestic and overseas suppliers. Contracts for federal government procurement usually involve appropriated funds spent on supplies, services, and interests in real property by and for

3266-424: The instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law and appropriate to the just exercise of those powers. Scores of statutes now also expressly authorize departments and agencies to enter into contracts. The U.S. Congress passes legislation that defines the process and additional legislation that provides the funds. Private parties entering into

3337-452: The job and using their employer's equipment and materials. A Program of Record is a procurement program which is "a directed, funded effort that provides a new, improved, or continuing materiel, weapon, or information system or service capability in response to an approved need". A Program of Record requires certain documentation (eg. Acquisition Program Baseline (APB), acquisition strategies, Selected Acquisition Reports (SAR), etc.) and

3408-483: The law allows each side to rely on the other's authority to make a binding contract on mutually agreeable terms. Executive branch agencies enter into the contracts and expend the funds to achieve their Congressionally defined missions. When disputes arise, administrative processes within the agencies may resolve them, or the contractor can appeal to the courts. The procurement process for executive branch agencies (as distinguished from legislative or judicial bodies)

3479-536: The laws and regulations controlling Federal Government contracts. The private contracting party is held to know the limitations of the CO's authority, even if the CO does not. This makes contracting with the United States a more structured and restricted process than a commercial one. Unless specifically prohibited by another provision of law, an agency's authority to contract is vested in the agency head, for example,

3550-587: The offer, mutuality of obligation, and consideration . However, federal procurement is much more heavily regulated, subject to volumes of statutes dealing with federal contracts and the federal contracting process, mostly in Titles 10 (Armed Forces), 31 (Money and Finance), 40 (Protection of the Environment), and 41 (Public Contracts) within the United States Code . In fiscal year 2019,

3621-584: The opposition's numerical advantage. Today, the military needs equipment that works where it is needed, is dependable, has a high degree of maintainability , has long-term reliability, is agile and versatile, and aims to avoid equipment choices which might result in political debate and partisan politics. As part of the acquisition planning process, the Government must address its buying power leverage. Many Government acquisition commands write acquisitions solely based on haphazard acquisition strategies which are primarily directed toward avoiding bid protests. Thus, it

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3692-451: The parties, but many areas addressed by mutual consent in commercial contracts are controlled by law in federal contracting and legally require use of prescribed provisions and clauses. In commercial contracting, where one or both parties may be represented by agents whose authority is controlled by the law of agency, the agent is usually allowed to form a contract only with reference to accepted notions of commercial reasonableness and perhaps

3763-572: The past two decades, the fulfillment of urgent needs has evolved as a set of complex processes within the Joint Staff , the Office of the Secretary of Defense, each of the military services, and the combatant commands to rapidly develop, equip, and field solutions and critical capabilities to the warfighter. GAO identified at least 31 entities that manage urgent needs. During World War II , some tasks in government contracts were given directly to

3834-400: The period of availability for which it was made. 73 Comp. Gen. 77, 79 (1994). It applies to all Federal Government activities carried out with appropriated funds, including contract, grant, and cooperative agreement transactions. 73 Comp. Gen. 77, 78-79 (1994). An agency's compliance with the bona fide need rule is measured at the time the agency incurs an obligation and depends on the purpose of

3905-415: The period of availability or to complete contracts properly made within that period." The Bona Fide Need Rule is a fundamental principle of appropriations law addressing the availability as to the time of an agency's appropriation. 73 Comp. Gen. 77, 79 (1994); 64 Comp. Gen. 410, 414-15 (1985). The rule establishes that an appropriation is available for obligation only to fulfill a genuine or bona fide need of

3976-521: The power to contract was and is regarded at law as necessarily incidental to the Federal Government's execution of its other powers. An early Supreme Court case, the United States v. Thomas Tingey , recognized that the United States Government has a right to enter into a contract. It is an incident to the general right of sovereignty, and the United States may, within the sphere of the constitutional powers confided to it and through

4047-599: The proceeds to replace similar property during the same fiscal year or the next one, like a used car trade-in. The Miscellaneous Receipts Act mandates that funds received by the US Government must be deposited in the miscellaneous receipts account at the US Treasury unless a specific exemption was authorized by Congress. The Miscellaneous Receipts Act prevents the Executive Branch from financing itself except as specifically authorized by Congress. 40 USC 181(c) thus

4118-426: The procurement of goods or services. It was revoked by President Reagan in 1983 by Executive Order 12430. Kennedy's order reflected concern that "the prevalence of identical bidding [was] harmful to the effective functioning of a system of competitive bids" and that "identical bidding [might] constitute evidence of the existence of conspiracies to monopolize or restrain trade or commerce". Reagan's order argued that

4189-404: The program office data manager. Data requirements can also be identified in the contract via special contract clauses (e.g., DFARS), which define special data provisions such as rights in data, warranty , etc. SOW guidance of MIL-HDBK -245D describes the desired relationship: "Work requirements should be specified in the SOW, and all data requirements for delivery, format, and content should be in

4260-499: The purchase and sale of goods, and to contracts granting a security interest in property other than land. The UCC is a body of law passed by the U.S. state legislatures and is generally uniform among the states. The general law of contracts, which applies when the UCC does not, is mostly common law, and is also similar across the states, whose courts look to each other's decisions when there is no in-state precedent. Contracts directly between

4331-578: The required documentation. Such programs can be converted into programs of record later on if that documentation is completed and the program adheres to the Joint Capabilities Integration and Development System , among other requirements. The roadmap for the fulfilment of a Program of Record is split into five periods: Key points along the roadmap include three major Milestones and four major Decision Points. Milestones: Decision Points: Each Contracting Officer (CO) has

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4402-440: The requirement had "proved ineffective" and "consume[d] resources that could be employed in a more effective manner to prevent antitrust violations". The procurement process is subject to legislation and regulation separate from the authorization and appropriation process. These regulations are included in the Code of Federal Regulations ("CFR"), the omnibus listing of Government regulations, as Title 48 . Chapter 1 of Title 48

4473-581: The requirements of the regulations. As with any complex document (in book form, Title 48 of the CFR requires several shelves), the FAR and its supplements can be interpreted differently by different people. Under the WTO Agreement on Government Procurement (GPA) and also some free trade agreements , the United States has undertaken to ensure procurements covered by the GPA are opened up to overseas suppliers "in

4544-429: The requiring activity meets with an acquisition command having a Contracting Officer with an appropriate warrant issued by a specific acquisition activity. A contracting agency has the discretion to determine its own needs and the best method to accommodate them. Procurements by military agencies have several unique aspects to their acquisition process compared to procurement by non-military agencies. The overall process

4615-514: The top five departments by dollars obligated were: The Top 100 Contractors Report for Fiscal Year 2022 published by the General Services Administration lists contracts with a combined total of $ 398.8 billion. The top five are aerospace , defense and medical contractors: In the same period, small business contracts totalled $ 153.9 billion. The Federal Government's authority to enter into contracts derives from

4686-547: The transaction and the nature of the obligation being entered into. 61 Comp. Gen. 184, 186 (1981) (bona fide need determination depends upon the facts and circumstances of the particular case). In the grant context, the obligation occurs at the time of the award. 31 Comp. Gen. 608 (1952). See also 31 U.S.C. Sec. 1501(a)(5)(B). Simply put, this rule states that the Executive Branch may only use current funds for current needs – they cannot buy items that benefit future year appropriation periods (i.e., 1 October through 30 September) without

4757-503: The use of public funds is associated with the principle of checks and balances. A good working relationship and robust communication between the Executive and Legislative branches is the key to avoiding problems in this area . The power within fiscal law comes from the Antideficiency Act (ADA), which provides that no one can obligate the Government to make payments for which money has not already been appropriated. The ADA also prohibits

4828-399: The use of the Federal Government through purchase or lease , whether the supplies, services, or interests are already in existence or must be created, developed, demonstrated, and evaluated. Federal Government contracting has the same legal elements as contracting between private parties: a lawful purpose, competent contracting parties, an offer, an acceptance that complies with the terms of

4899-512: The year they are appropriated within with several exceptions – 1) the severable services exemption under 10 USC 2410 and Office of Management and Budget (OMB) Circular A-34, Instructions on Budget Execution, 2) Authorized stockage level exceptions and 3) long lead time exception. (see https://web.archive.org/web/20041027004108/https://www.safaq.hq.af.mil/contracting/affars/fiscal-law/bona-fide-need.doc ) The Government Accounting Office (GAO) Principles of Federal Appropriations Law (otherwise known as

4970-607: Was a roundtable on government procurement and commercial opportunities held in North Carolina in November 2023, where North Carolina officials shared insights into how British companies could engage in North Carolina's procurement processes. 40 USC 181(c) provides that "In acquiring personal property, any executive agency, under regulations to be prescribed by the Administrator, subject to regulations prescribed by

5041-536: Was the key. As in the Civil War , the U.S. achieved victory due in large part to the industrial base in the northern states. A war of attrition requires massive quantities of material, but not necessarily of great quality. During the Cold War , quality was key. The United States may not have had as many pieces of equipment as their opposition, but that equipment could be more effective, efficient, or lethal, and offset

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