when contracting for services it is government policy

Contractors don't decide on wages and benefits for work such as that performed by the CMS call centers; the federal government does. This subpart prescribes procedures for contracting for dismantling or demolition of buildings, ground improvements and other real property structures and for the removal of such structures or portions of them (hereafter referred to as "dismantling, demolition, or removal of improvements"). Examples of circumstances causing such delays are bid protests and alleged mistakes in bid. By statute, DoD has a separate process. Government contracting rules, regulations and procedures dictate how you do business with the government. The two most important laws you need to be aware of are FAR (Federal Acquisition Regulations) and FASA (Federal Acquisition Streamlining Act). Acquisition, Procurement, and Compliance | Federal Communications Effects of Government Contracting of Services on NGOs in China (e) The contracting officer shall also insert in solicitations and contracts for services the provisions and clauses prescribed elsewhere in 48 CFR Chapter 1, as appropriate for each acquisition, depending on the conditions that are applicable. (b) If, for a specific evaluation or analysis, such personnel are not available within the agency, the head of the agency shall-, (1) Determine which Federal agencies may have personnel with the required training and capabilities; and. (b) The head of an executive agency, except NASA, may enter into a contract, exercise an option, or place an order under a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed oneyear ( 10 U.S.C. (j) Except for DoD, see 15.101-2(d) for limitations on the use of the lowest price technically acceptable source selection process to acquire certain services. Civilian Agency Acquisition Council (CAAC), Interagency Suspension and Debarment Committee (ISDC). (ii) A performance-based contract or task order that is not firm-fixed price. A New Approach. Acquisition powerhouses unite: DLA's contracting summit fuels Opportunities include pre-solicitation notices, solicitation notices, award notices, and sole source notices. https://www.whitehouse.gov/omb/management/office-federal-procurement-policy/?utm_source=link, Office of the United States Trade Representative, The Office of Performance and Personnel Management, Office of the Federal Chief Information Officer, Government-wide Acquisition Legislative Proposals, Federal Activities Inventory Reform (FAIR) Act, Chief Acquisition Officers Council (CAOC), Contracting Guidance to Support Modular Development, Update to FAC Managers Guide to Competitive Sourcing: 2nd Edition, Performance-Based Service Acquisition, Contracting for the Future, Federal Acquisition Certification in Contracting (FAC-C) Modernization, Strategies for Meeting and Exceeding the Small Disadvantaged Business Goal for Fiscal Year 2022, FAR Council Memo on Executive Order 14005 MIA Deviation, Improving the Transparency of Made in America Waivers, FAR Council Guidance on Agency Issuance of Deviations to Implement Executive Order 14042, Reducing Procurement Administrative Lead Time Using Modern Business Practices, Limiting Use of Educational Requirements in Federal Service Contracts, Increasing the Participation of Americans with Disabilities in Federal Contracting, Myth-Busting #4 Strengthening Engagement with Industry Partners through Innovative Business Practices, Establishment of Federal Acquisition Certification in Contracting Core-Plus Specialization in Digital Services (FAC-C-DS), Service Contract Inventories (January 17, 2017), Myth-Busting 3: Further Improving Industry Communication with Effective Debriefings, M-16-14, Category Management Policy 16-2: Providing Comprehensive Identity Protection Services, Identity Monitoring, and Data Breach Response, M-16-12, Category Management Policy 16-1: Improving the Acquisition and Management of Common Information Technology: Software Licensing, Acquisition Innovation Labs & Pilot for Digital Acquisition Innovation Lab, Reducing the Burden of Certifying Earned Value Management Systems, Agreement between NASA and the FAA to Recognize EVMS Certifications, M-16-02, Category Management Policy 15-1: Improving the Acquisition and Management of Common Information Technology: Laptops and Desktops, Acquisition 360 Improving the Acquisition Process through Timely Feedback from External and Internal Stakeholders, Transforming the Marketplace: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings, Management Agenda Priorities for the FY 2016 Budget, Forecast of Contract Support for IT Program Activities for Fiscal Year 2016 through Fiscal Year 2017, Making Better Use of Contractor Performance Information, Revisions to the Federal Acquisition Certification in Contracting (FAC-C), Revisions to the Federal Acquisition Certification for Program and Project Managers (FAC-P/PM), Increasing Efficiencies in the Training, Development, and Management of the Acquisition Workforce, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors, Improving the Collection and Use of Information about Contractor Performance and Integrity, Strategic Plan for Improving Management of Section 508 of the Rehabilitation Act, Improving Acquisition through Strategic Sourcing, Clarifying Chief Acquisition Officer Roles and Responsibilities, Memorandum: Contracting Guidance to Support Modular Development, Blog: Greater Accountability and Faster Delivery Through Modular Contracting, Follow-up: April 25, 2012 Meeting of the Small Business Procurement Group, Myth-Busting: Addressing Misconceptions and Further Improving Communication During the Acquisition Process, M-12-09, Federal Activities Inventory Reform (FAIR) Act Submission for Fiscal Year 2012, Increasing Opportunities for Small Businesses in Purchase Card Micro-Purchases, Improving Small Business Procurement Data Quality and Process, Reduced Contract Spending for Management Support Services, Improving Sustainable Acquisition and Reporting, Development, Review and Approval of Business Cases for Certain Interagency and Agency-Specific Acquisitions, Revisions to the Federal Acquisition Certification for Contracting Officers Representatives (FAC-COR), Supporting Energy and Sustainability Goal Achievement Through Efficiency and Deployment of Clean Energy Technology, Guidance for Specialized Information Technology Acquisition Cadres, Improving Federal Procurement Data Quality Guidance for Annual Verification and Validation, Increasing Small Business Participation in Federal Contracting, Attracting Talent to the Acquisition Workforce, Myth-Busting: Addressing Misconceptions to Improve Communication with Industry during the Acquisition Process, Improving Contractor Past Performance Assessments: Summary of the Office of Federal Procurement Policys Review, and Strategies for Improvement, Improving the Accessibility of Government Information, Implementation of New Regulatory Coverage on Project Labor Agreements, Survey of Agency Policies and Practices Regarding Contractor Tax Delinquencies, Achieving Better Value From Our Acquisitions, Survey on FY 2009 Green Purchasing Requirements, Increasing Competition and Structuring Contracts for the Best Results, Acquisition Workforce Development Strategic Plan for Civilian Agencies FY 2010-2014, Improving Data Quality Guidance for Fiscal Years 2009 and 2010, Interim Guidance on Reviewing Contractor Reports on the Use of Recovery Act Funds in Accordance with FAR Clause 52.204-11, Improving the Use of Contractor Performance Information, Report on Reemployed Retired Federal Employees and Annuitants, Acquisition Workforce Human Capital Succession Plans, M-09-04, Report to Congress on FY 2008 Competitive Sourcing Efforts, FY 2008 Reporting on Green Purchasing Requirements, Effective Practices for Enhancing Competition, Guidance for Improving the Management and Use of Interagency Acquisitions, Conducting Acquisition Assessments under OMB Circular A-123, Improving Acquisition Data Quality FY 2008 FPDS Data, Guidance on Agency Fiscal Year 2007 Strategic Sourcing Reports, Use of Advisory and Assistance Service Contract Waiver Authority, M-08-13, Update to Civilian Position Full Fringe Benefit Cost Factor, Federal Pay Raise Assumptions, and Inflation Factors used in OMB Circular No. Prime and subcontracting | U.S. Small Business Administration Subpart 37.6 - Performance-Based Acquisition. [Solved] when contracting for services it is government policy to use BATTLE CREEK, Mich. - For acquisition professionals within the Defense Logistics Agency, the Hart-Dole-Inouye building in Battle Creek, Michigan, was ground zero for two days of working alongside of peers and senior leadership discussing best practices, common issues and reviewing performance levels as part of the Senior Procurement Executive and Head of Contracting Activity Summit. State what the contractor will get paid. And, Know where to find additional contracting resources. chapter 67, Service Contract Labor Standards, applies (see subpart 22.10). ExecutiveGov serves as a news source for the hot topics and issues facing federal government departments and agencies such as Gov 2.0, cybersecurity policy, health IT, green IT and national security. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. Slide 4 How the Government Buys How the Government Buys - no narrative Slide 5 How the Government Buys When acquiring these services, contracting officers must conduct a risk assessment and evaluate, for award on that basis, any proposals received that reflect factors such as-, (1) Unrealistically low labor rates or other costs that may result in quality or service shortfalls; and. Whether or not the Service Contract Labor Standards statute applies to a specific service contract will be determined by the definitions and exceptions given in the Service Contract Labor Standards statute, or implementing regulations. Zero Trust Architecture | GSA L. 111-117, requires certain executive agencies to report annually to the Office of Management and Budget (OMB) on their service contracts. Army Requests Proposals for Virtual Learning Environment 2.0 Contract GWACs provide access to Best-in-Class IT solutions including: Systems design Software engineering Information assurance Enterprise architecture solutions (2) Unbalanced distribution of uncompensated overtime among skill levels and its use in key technical positions. (1) Determine whether the proposed service is for a personal or nonpersonal services contract using the definitions at 2.101 and 37.101 and the guidelines in 37.104; (2) In doubtful cases, obtain the review of legal counsel; and, (3) Document the file (except as provided in paragraph (b) of this section) with-. 20351 and agency procedures. (b) The provisions of statute and part 6 of this regulation requiring competition apply fully to service contracts. 7, Use of Irrevocable Letters of Credit, Cost Accounting Standards Board Disclosure Statement-1, Cost Accounting Standards Board Disclosure Statement-2 for Educational Institutions. (iii) Retain full personal responsibility for the function supported in a duly authorized Federal officer or employee. With approximately one out of every ten dollars of Federal government spending going to contractors, it is imperative that contract actions result in the best value for the taxpayer. (i) Architect-engineer services acquired in accordance with 40 U.S.C.1101 et seq. GSA offers professional services, equipment, supplies, telecommunications, and information technology from commercial businesses to government . (c) Waivers cannot be granted for-, (1) Military banking contracts, which are covered by 10 U.S.C. Subpart 37.3 - Dismantling, Demolition, or Removal of Improvements, Subpart 37.4 - Nonpersonal Health Care Services. ExecutiveGov serves as a news source for the hot topics and issues facing federal government departments and agencies such as Gov 2.0, cybersecurity policy, health IT, green IT and national security. Subpart 37.5 - Management Oversight of Service Contracts. In this plan, which follows the requirements of FAR 52.219-9, the prime contractor sets goals for what it plans to subcontract to small businesses, small disadvantaged businesses, women-owned small businesses, HUBZone small businesses, veteran-owned small businesses, and service-disabled veteran-owned small businesses. The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. The U.S. government is the world's largest customer. (6) Any operating constraints. The standards are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with pricing and administration of, and settlement of disputes concerning, all covered negotiated prime contract and subcontract procurements with the United States Government. The contracting officer shall insert the clause at 52.237-7, Indemnification and Medical Liability Insurance, in solicitations and contracts for nonpersonal health care services. I. government contracts. In Fiscal Year (FY) 2017, the Department of Defense (DoD) obligated more than $156 billion, or about 50 percent of the Department's contract spending, on service contracts to help achieve its mission. 1600 Pennsylvania Ave NW This prohibition applies only to contracts with organizations that offer quasi-military armed forces for hire, or with their employees, regardless of the contracts character. (2) Principal tools and equipment furnished by the Government. For example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an uncompensated overtime rate of $17.78 per hour ($20.00 x 40 / 45 = $17.78). It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. 37.402 Contracting officer responsibilities. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and, except as otherwise authorized, are in . This subpart prescribes policies and procedures for acquiring services using performance-based acquisition methods. During performance of service contracts, the functions being performed shall not be changed or expanded to become inherently governmental. Best practices, as used in this subpart, means techniques that agencies may use to help detect problems in the acquisition, management, and administration of service contracts. Assess your business | U.S. Small Business Administration We have access to contracts that have been bid/negotiated by the State of Utah Division of Purchasing. The Dutch Ministry of . Subpart 37.2 - Advisory and Assistance Services. (b) Architectural and engineering services as defined in 40 U.S.C. (d) Protect the Government against damage to adjoining property. However, giving an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that converts an individual who is an independent contractor (such as a contractor employee) into a Government employee. (3) Performance incentives where appropriate. This subpart establishes responsibilities for implementing Office of Federal Procurement Policy (OFPP) Policy Letter93-1, Management Oversight of Service Contracting. (iii) A contract or task order that is not performance--based. (vi) An adjutant general appointed by the Secretary concerned under 32 U.S.C.709(c). PDF Text File Part 2 How the Government Buys - Small Business Administration Veterans Technology Services Government-wide Acquisition Contract (VETS GWAC) (July 10, 2007) (2 pages, 30 KB) Emergency Acquisitions Guide (May 31, 2007) (23 pages, 190 KB) As a result of changes made by section 811 the National Defense Authorization Act for FY 2018, the $750,000 threshold will be raised to $2 million for contracts awarded after June 30, 2018. Agencies may enter into nonpersonal health care services contracts with physicians, dentists and other health care providers under authority of 10 U.S.C. 524.). Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours. (a) Requirements for services are clearly defined and appropriate performance standards are developed so that the agencys requirements can be understood by potential offerors and that performance in accordance with contract terms and conditions will meet the agencys requirements; (b) Service contracts are awarded and administered in a manner that will provide the customer its supplies and services within budget and in a timely manner; (c) Specific procedures are in place before contracting for services to ensure that inherently governmental functions are performed by Government personnel; and. A recently acquired European immigration business has also made more than expected. 37.113 Severance payments to foreign nationals. 3133 and 41 U.S.C.3902). Washington, DC 20500. (a) A sufficient number of qualified Government employees are assigned to oversee contractor activities, especially those that involve support of Government policy or decision making. How to Sell to the Government. (5) Operation of Government-owned equipment, real property, and systems. Reforming federal procurement and acquisitions policies Development of workforce inventories can help agencies gain a better understanding of how Federal employee labor is being used to carry out the agencys mission and improve human capital resource distribution. (f) Agencies shall establish effective management practices in accordance with Office of Federal Procurement Policy (OFPP) Policy Letter93-1, Management Oversight of Service Contracting, to prevent fraud, waste, and abuse in service contracting. There are two broad categories of government contractors: Prime contractors bid on and win contracts directly from government agencies. PDF PROCUREMENT / CONTRACTING POLICY AND PROCEDURES MANUAL - The City of (b) Agencies shall generally rely on the private sector for commercial services (see OMB CircularNo.A-76, Performance of Commercial Activities and subpart 7.3). We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. State of Utah Contracts. Calendar Year 2024 End-Stage Renal Disease (ESRD) Prospective Payment Covered contracts and subcontracts are those in excess of $750,000, provided that, at the time of award, the contractor or subcontractor is performing any CAS-covered contracts or subcontracts valued at $7.5 million or greater. The policies in this section are based on Section 834 of Public Law101-510 ( 10 U.S.C. Understand the contracting methods used by government contracting officers to buy goods and services. (2) Each contract arrangement must be judged in the light of its own facts and circumstances, the key question always being: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing the contract. These services shall not be used in lieu of regular recruitment under civil service laws or to displace a Federal employee. (2) Severance payments made by a contractor to a foreign national employed by the contractor under a DoD service contract in the Republic of the Philippines, if the discontinuation of the foreign national is the result of the termination of basing rights of the United States military in the Republic of the Philippines (section1351(b) of Public Law102-484, 10 U.S.C.1592, note). The option provision may be exercised more than once, but the total extension of performance thereunder shall not exceed 6 months. Contracts for services which require the contractor to provide advice, opinions, recommendations, ideas, reports, analyses, or other work products have the potential for influencing the authority, accountability, and responsibilities of Government officials. The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget plays a central role in shaping the policies and practices federal agencies use to acquire the goods and services they need to carry out their responsibilities. (a) Solicitations may use either a performance work statement or a statement of objectives (see 37.602). Governmentwide Acquisition Contracts (GWACs) | GSA ExecutiveBiz follows the executive-level business activity that drives the government contracting industry.. (a) The contract may provide that the-, (1) Government pay the contractor for the dismantling or demolition of structures; or. (c) Ensure that performance-based acquisition methods are used to the maximum extent practicable when acquiring services. On June 26, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that proposes to update payment rates and policies and includes requests for information under the end-stage renal disease (ESRD) Prospective Payment System (PPS) for renal dialysis services furnished to Medicare beneficiaries on or after January 1, 2024. consisting of five members: the Administrator for Federal Procurement Policy, who serves as the chairman, and four members with experience in Government contract cost accounting, two from the Federal government (DOD and GSA), one from industry, and one from the accounting profession. This provision requires offerors to respond only if the offeror represented that it "does provide or use covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraphs (c)(1) or (c)(2) of the FAR . Telecommunications and Network Services | GSA How to Sell to the Government | GSA (b) Agencies shall, to the maximum extent practicable-. (c) The contracting officer may insert the clause at 52.237-3, Continuity of Services, in solicitations and contracts for services, when-, (1) The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and. (i) The opinion of legal counsel, if any, (ii) A memorandum of the facts and rationale supporting the conclusion that the contract does not violate the provisions in 37.104(b), and. when contracting for services it is government policy to use design based acquisition methods and personal services. (i) Agencies shall ensure that service contracts that require the delivery, use, or furnishing of products are consistent with part 23. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. This article reviews the emerging literature on contracting of services to social organisations in China in order to identify lines of further enquiry. CircularsGuidesMemorandaPolicy LettersReportsGovernment-wide Acquisition Legislative ProposalsOtherCost Accounting Standards BoardContractor Employee Compensation CapFederal Activities Inventory Reform (FAIR) Act The subpart applies to contracts, whether made with individuals or organizations, that involve either personal or nonpersonal services. (e) State that the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance. Government contractors during the acquisition process, in concert with other internal . (a) The contracting officer shall insert the provision at 52.237-1, Site Visit, in solicitations for services to be performed on Government installations, unless the solicitation is for construction. (d) Limitation on payment for advisory and assistance services. chapter 221 and 41 U.S.C.chapter 33, Planning and Solicitation. (a) The contracting officer shall insert the clause at 52.237-4, Payment by Government to Contractor, in solicitations and contracts solely for dismantling, demolition, or removal of improvements whenever the contracting officer determines that the Government shall make payment to the contractor in addition to any title to property that the contractor may receive under the contract. Find cost-effective Telecommunications and Network Services for your agency's communications infrastructure and network needs. Contracting officers should consider past performance data from a wide variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in subpart 9.1 .
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