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Summary LEG440 Assignment1.docx LEG 440 Assignment 1: Contracting and the FAR LEG 440: Contract and Procurement Law The Federal Acquisition Regulation (FAR) is the referring body of rules and regulations used by all executive agencies in their procurement $7.49   Add to cart

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Summary LEG440 Assignment1.docx LEG 440 Assignment 1: Contracting and the FAR LEG 440: Contract and Procurement Law The Federal Acquisition Regulation (FAR) is the referring body of rules and regulations used by all executive agencies in their procurement

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LEG440 A LEG 440 Assignment 1: Contracting and the FAR LEG 440: Contract and Procurement Law The Federal Acquisition Regulation (FAR) is the referring body of rules and regulations used by all executive agencies in their procurement of supplies and services, and became effective on April 1, ...

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LEG 440

Assignment 1: Contracting and the FAR

LEG 440: Contract and Procurement Law


The Federal Acquisition Regulation (FAR) is the referring body of rules and regulations

used by all executive agencies in their procurement of supplies and services, and became

effective on April 1, 1984. (Manuel et al., 2015) When government agencies want to procure

goods and services, they need do it through means outlined in the FAR. The FAR includes

provisions for the procurement and solicitation of virtually everything imaginable, from

office supplies to aircraft carriers, making the US government the largest single purchaser of

goods and services on the planet. This paper will address whether the FAR regulations offer

adequate protection of the collective buying power of the American people, and whether or

not the executive branch is the proper branch to effectuate change that would provide checks

and balances for the purchase of goods and services.

There are many aspects of the FAR and the uniform contract code that ensure a fair and

level playing field to promote full and open competition to any American interested in

buying or selling to the US Government. The FAR is codified into 53 different parts, with

each addressing

a specific aspect of the acquisition process According to the Congressional Research

Service, “many (although not all) acquisitions by executive branch agencies are subject to

the Federal Acquisition Regulation (FAR), which can make the FAR a topic of interest to

Members and committees of Congress and their staff. In particular, members, committees,

and staff may find themselves (1) considering or drafting legislation that would amend the

FAR to save money, promote transparency, or further other public policies; (2) conducting

oversight of executive agencies’ performance in procuring goods and services; and (3)

responding to questions from

, constituents regarding executive branch procurement activities.” (Manuel et al., 2015)

Ongoing congressional oversight on the topic of FAR proves the executive branch to be the

most effective branch of government that can keep up with the ever changing landscape in

the procurement of

goods and services by the federal government. The most preferred acquisition method used

by the federal government is sealed bidding. This method allows suppliers or contractors to

submit their lowest possible bid in sealed covers which are then opened at an agreed upon

date and time. The lowest responsive bidder wins the contract, and a responsive bidder is one

who must have

the capacity and ability to complete the work as defined by the contract. (Johnson et al.,

2013) Provided he or she respond to a bid in a timely fashion demonstrate every American

can win government contracts.

Because small businesses represent the backbone of the U.S. economy, the federal

government levels the playing field of those vying for contracting opportunities by

recognizing the need for sustained job creation and technical innovation in the U.S.

economy. The federal government encourages and nurtures such domestic enterprises

through federal contracts. Since the FAR is the blueprint by which most of these contracts

must abide by, it contains the outlines of various preference programs that aim to level the

playing field of contracts sought between large corporations and small businesses alike.

Every single agency must fulfill certain obligations in order to create a competitive balance

between corporations vying for contracts that could ultimately be performed by small

working firms. The reason being FAR outlaws’ discrimination on the basis of their race,

color, sex, religion, or nationality, thus ensuring equal opportunity to all and promotes

affirmative action against contractors who exemplify discriminatory practices. As of

January 2014, the federal government's small business preference programs include Small

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