1.1 Laws & Regulations - Government

Question 1

Government Contract Law

The Services Acquisition Reform Act (SARA) - (Public Law 108-136)

Answer 1

Established the civilian acquisition workforce training fund, the position of chief acquisition officer for civilian agencies, and the requirement for performance-based service contracts.

Question 2

Government Contract Law

Government’s Roles in the Acquisition Process

Answer 2

Origin of authority is the U.S. Constitution, ‘The Necessary and Proper Clause’, subject to various statutes and regulations.

Involves all 3 branches of US government.

Congress (legislative branch) enacts laws that impact the contracting process and provides funding.

Executive Agencies (executive branch) draft regulations implementing the laws, solicit offers, and award and administer contracts.

Supreme and/or Federal Court System (judicial branch) interpret legislation, gives meaning to laws and sometimes resolve disputes by rendering decisions.

Question 3

Government Contract Law

The Federal Acquisition Streamlining Act (FASA) - (41 U.S.C.)

Answer 3

Changed over 200 existing statutes and shifted the emphasis in federal procurement to using commercial practices, empowering contracting officers to exercise business judgment and emphasizing the importance of past performance.

Question 4

Government Contract Law

Federal Acquisition Regulation (FAR)

Answer 4

• The regulation establishes uniform policies and procedures for executive agencies to award and manage government contracts.
• The principal source of contracting guidance within federal government.
• It is prepared, issued, and maintained jointly by 1) the secretary of defense and the administrators of the General Services Administration (GSA) and 2) the National Aeronautics and Space Administration (NASA) via two councils, who must agree to all revisions proposed by either council.
• FAR Supplement example is the Defense FAR Supplement (DFAR).

Question 5

Government Contract Law

The Small Business Act - (Public Law 108-447 and 85-536)

Answer 5

This act states that it is the declared policy of the Congress that the federal government, through Small Business Administration (SBA), acting in cooperation with the Department of Commerce and other relevant state and federal agencies, should aid and assist small businesses to increase their ability to compete in international markets.

Question 5

Government Contract Law

The Walsh-Healy Public Contracts Act (PCA) - (41 U.S.C. 35)

Answer 5

Requires contractors engaged in the manufacturing or furnishing of materials, supplies, articles, or equipment to the US government or the District of Columbia to pay employees who produce, assemble, handle, or ship goods under contracts exceeding $15,000 the federal minimum wage for all hours worked and time-and-one-half their regular rate of pay for all hours worked over 40 in a work week.

Question 6

Government Contract Law

Antideficiency Act - (31 U.S.C. 1341)

Answer 6

Prohibits the obligation of government money in advance of an appropriation or in excess of the amount of an available appropriation.

Question 7

Government Contract Law

Procurement Integrity Act - (41 U.S.C. 432)

Answer 7

This act tightened the reins on procurement officials and contractors alike by establishing new rules regarding ethical behavior for government and contractor personnel, including technical staff.