In addition to the sophisticated federal public procurement law that has developed over the years, general contract law and some criminal laws also apply to parties who have contracts with the federal government. Of particular note are the various laws aimed at combating fraud, waste and misuse of federal funds. For example, under the Civil False Claims Act, 31 U.S.C. §§ 3729–3733, contractors may be subject to triple damages and legal penalties if they make false or fraudulent claims against the government. Similarly, contractors must comply with government employment restrictions set forth in the Public Procurement Integrity Act, 41 U.S.C§ §§ 2101-2107, which implement the Far and Office of Government Ethics regulations. See FAR 3.104; 5 CFR § 2635. The Office of Federal Procurement Policy (OTP) of the Office of Management and Budget plays a central role in the development of policies and practices through which federal organizations acquire the goods and services they need to carry out their functions. The FOCP was established by Congress in 1974 to set the general direction for government-wide procurement policies, regulations and procedures, and to promote the economy, efficiency and effectiveness of procurement processes. The FOCP is headed by a director appointed by the President and confirmed by the Senate. The rules for federal procurement in the United States are set out in various laws, regulations, and decisions that interpret government procurement laws. The World Bank has developed a set of policies and procedures for the procurement and selection of consultants for Bank-financed projects. The latest procurement guidelines for IBRD loans and IDA loans and grants were published in January 2011. University units have a number of responsibilities related to the receipt of goods and services.
The university`s internal control system requires appropriate segregation of duties in the performance of these tasks, i.e. different people perform the different functions of the procurement process. Persons authorized to procure goods and services may not approve these transactions or be associated with the payment of these transactions. Tenderers may be excluded from competition at several stages of the procurement procedure. To be eligible for a federal contract, a bidder must be “currently responsible” at the time of award, based on the factors set out in Subpart 9.1 of the FAR. In addition, bidders may be suspended, excluded or proposed to exclude (i.e., excluded from federal contracts) for various civil or criminal offences or for non-compliance with contractual requirements. See subsection 9.4 of the FAR. Excluded bidders cannot receive a federal or subcontract unless there is a “compelling reason” determined by the Head of the Agency. Cardholders must contact procurement services as required or be identified for 1) purchases from a supplier or for a good or service for $5,000 or more; (2) more than $25,000 in purchases of goods or services in a year; or (3) more than six purchases of goods or services in a year.
Procurement Services helps the cardholder decide if an alternative method of procurement is more appropriate. 1.5 What is the link between the regime and supranational rules, including the GPA, EU rules and other international agreements? Under the Federal Public Procurement Act, certain activities are considered “functions inherent in the state” (e.g. B the conduct of criminal investigations, the command of the armed forces or the conduct of foreign relations) which must be carried out by government employees and cannot be carried out by contractors. See subsection 7.5 of the FAR; OMB Circular A-76, “Performance of Business Activities,” 76 Fed. Reg. 56,227 (September 12, 2011). The Federal Law on Public Procurement provides for various enforcement procedures and remedies. Bidders who submit proposals or plan to submit proposals in response to a federal agency`s request may “protest” the procurement agency`s decision regarding procurement, and the vast majority of disappointed bidders file such protests with the Government Accountability Office (“GAO”), which has the authority under 31 U.S..C. § 3552 to resolve such protests. The provisions of Part 4 of 21 CFR govern the GAO`s protest procedures, and only actual or potential bidders whose immediate economic interests would be affected by the award of a contract may file or participate in a GAO protest.
The protesting party must also prove that the demonstrator would have had a significant chance of winning the contract without the action of the contracting authority. The GAO regulations were last amended with effect from 1. May 2018 revised to implement a new electronic protest docking system and a $350 protest submission fee. .
