Laws Flashcards
Define
Stare Decisis
Principles applied in higher court opinion must be followed by lower courts in that jurisdiction.
• Legal counsel research and apply judicial precedent in bid protests and contract disputes litigated in court.
3 Requirements of International Law
• Intl agreements may not affect some practices (small purchases or solicitations).
• Both sign
(WTO) Agreement on Government Procurement (AGP).
AGP, & other trade agreements establish minimum procurement requirements.
Exemptions for International Law
- Define entities(e.g. local governments or just state) bound by agreement; and
- Specify which g/s subject to agreement.
- Exemptions from AGP reqmnts specified by entities in international agreements.
- Exemptions permitting application of the Buy American Act.
Model Procurement Code
Has recmd regulations for state/local govts
• Many entities have procurement codes not based on the MPC.
• About half of the states and many local governments have adopted
Model Procurement Code Articles 1 of 2
- Basic policies for the procurement of supplies, services, and construction.
- Procurement organization.
- Source selection and contract formation.
- Specifications.
- Procurement of construction.
- Management and disposal of supplies.
- Modification and termination of contracts.
Model Procurement Code Articles 2 of 2
- Cost principles for cost reimbursement contracts
- Legal remedies in disputes relating to solicitations and awards.
- Contract performance, and debarment or suspension determinations.
- Placeholders for socio‐economic policies which a state or local government may wish to amplify.
- Cooperative procurement and other intergovernmental relations.
- Ethical standards for public officials and contractors relating to procurement.
What is a MPC Contract Prohibition???
Cost‐plus‐a‐percentage‐of‐cost contracts are prohibited.
What is a Compliance Audit?
An audit conducted to determine the degree of adherence to est. laws, regulations, polices, and procedures relative to accounting, financial and business processes.
What do checklists do?
they are an effective way to mitigate risk, and they avoid overlooking essential facts or considerations because of pressures of time
What 3 things does successful contract admin require a contractor to comply with?
Schedule
Specs & Standards
Terms & Conditions
What 3 things about the Anti-Deficiency Act?
• Prohibits commitments that do not meet legal requirements in terms of the time that funds are available for obligation. • Failure to ensure that funds are available for the specified fiscal year(s) could result in delay or cancellation of the procurement. • If procurement professionals award a contract and there are insufficient funds, they may be personally held responsible for payment.
What do entities to ensure that procurements satisfy appropriations laws by? 4 things:
1. Making the solicitation “subject to the availability of funds". 2.Including options for increased quantities or extension of the contract period. 3. Using “Indefinite Quantity or Requirements” terms and conditions. 4. Incorporating clauses that provide for year‐by‐year funding of multi‐year requirements
What is the law or legislation the provides the authority to an entity?
Enabling legislation
What is the Law of Agency?
• When procurement professionals fulfill their duties within the scope of their authority, they bind their agency, known as the principal under the law of agency. • An agent is authorized to take action for, commit, and bind the government within the limits of authority.
