The Competition in Contracting Act (CICA) of 1984 (41 U.S.C. 253) (FAR Subpart 6.1″Full and Open Competition”) is a public law enacted for the purpose of encouraging the competition for the award of all types of government contracts.
Contents
- 1 What is full and open competition?
- 2 What does the Competition in Contracting Act require?
- 3 What is competition in government contracting?
- 4 What are the two methods of obtaining full and open competition?
- 5 What are the exceptions to full and open competition?
- 6 What is full and open competition after exclusion of sources?
- 7 When contracting for services is it a government policy?
- 8 When a contractor performs work beyond that required by the contract?
- 9 What are the three levels of competition in government contracting?
- 10 Why is competition important in government contracting?
- 11 What is the key role of the COR in acquisition planning?
- 12 Why is competition important in contracting?
- 13 What Regulation imposes requirements on the bid and proposal evaluation process?
- 14 What is required for a sole source justification?
- 15 Is a small business set aside considered full and open competition?
What is full and open competition?
In this subtitle, the term “full and open competition”, when used with respect to a procurement, means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement.
What does the Competition in Contracting Act require?
The Competition in Contracting Act (CICA) of 1984, 41 U.S.C. It requires U.S. federal government agencies to arrange “full and open competition through the use of competitive procedures” in their procurement activities unless otherwise authorized by law.
What is competition in government contracting?
What Is the Competition In Contracting Act? Competition In Contracting Act is a policy established by Congress in 1984 to encourage competition for government contracts. The idea behind the policy is that the increased competition will result in improved savings to the government through more competitive pricing.
What are the two methods of obtaining full and open competition?
Acquisition Methods The ASPA, FPASA, and CICA established two basic methods of obtaining “full and open competition” — (a) sealed bidding and (b) competitive negotiation. Sealed bidding is characterized by a rigid adherence to formal procedures.
What are the exceptions to full and open competition?
Other Than Full and Open Competition Exceptions Unusual and compelling urgency (e.g., fire, flood, explosion, disaster), and § Delay in the award of a contract would result in serious injury (financial or other) to the Government unless the competition is limited.
What is full and open competition after exclusion of sources?
Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources (reference 48 CFR 6.202).
When contracting for services is it a government policy?
When contracting for services, it is Government policy to use Design-based acquisition methods and personal services (rather that non-personal services). Any interested party may file a protest against the Government if they feel that a contract has been unfairly awarded to another company.
When a contractor performs work beyond that required by the contract?
It is well-established that when a contractor performs work beyond that required by the contract without a formal change order, and such work was informally ordered by the government or is caused by government fault, a constructive change has occurred, thereby entitling the contractor to an equitable adjustment.
What are the three levels of competition in government contracting?
There are three possible levels of competition in the acquisition process. (1) Full and Open Competition, FAR Subpart 6.1; (2) Full and Open Competition After Exclusion of Sources, FAR Subpart 6.2; and (3) Other Than Full and Open Competition, FAR Subpart 6.3.
Why is competition important in government contracting?
Why does the government use competition when awarding contracts? Competition is a healthy component of maintaining the integrity of the federal procurement process. Competition generates better quality and lower costs for goods and services purchased in support of agency services to the American taxpayer.
What is the key role of the COR in acquisition planning?
A COR’s role in the acquisition process is to advise the contracting officer on technical matters involved in the contract. This is important as most Contracting Officers are not well versed in the technology or science behind the work being procured.
Why is competition important in contracting?
The Competition in Contracting Act (CICA) was passed into law in 1984 as a foundation for the Federal Acquisition Regulation (FAR) and to foster competition and reduce costs. The theory was that more competition for procurements would reduce costs and allow more small businesses to win Federal Government contracts.
What Regulation imposes requirements on the bid and proposal evaluation process?
Well-developed specifications, bidding processes and proposal evaluations are the cornerstones of procurement value for the Government under the Federal Acquisition Regulation.
What is required for a sole source justification?
Sole Source Justification Content (FAR 6.303-2) Nature and/or description of the action being approved. A description of the supplies or services required to meet the agency’s needs (including the estimated value). An identification of the statutory authority permitting other than full and open competition.
Is a small business set aside considered full and open competition?
A “set-aside for small business” is the limiting of an acquisition exclusively for participation by small business concerns. (2) The purpose of small business reserves is to award one or more multiple-award contracts to any of the small business concerns identified at 19.000(a)(3), under a full and open competition.
