Federal Acquisition Streamlining Act Of 1994
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Federal Acquisition Streamlining Act Of 1994
The Federal Acquisition Streamlining Act of 1994 (; ) is a United States law that was enacted in 1994 with the goal of lowering procurement barriers. This Act enables Simplified Acquisition Procedures where the procurement is limited, facilitates reliance of Commercial off-the-shelf (COTS) technology, and promotes the use of fixed-price Performance Based Contracting. The law alters the United States government procurement strategy from lowest bid to best value. The Federal Acquisition Streamlining Act and the Federal Acquisition Reform Act of 1996 removed the traditional oversight mechanisms that had been in place for decades and paved the way for a new method of awarding federal government contracts. Contracts must meet 90% of their performance goals or face termination. See also * Nunn–McCurdy Amendment The Nunn–McCurdy Amendment or Nunn–McCurdy Provision, introduced by Senator Sam Nunn and Congressman Dave McCurdy in the United States 1982 Defense Authorization A ...
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United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ...
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Procurement Barrier
Procurement is the method of discovering and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. When a government agency buys goods or services through this practice, it is referred to as public procurement. Procurement as an organizational process is intended to ensure that the buyer receives goods, services, or works at the best possible price when aspects such as quality, quantity, time, and location are compared. Corporations and public bodies often define processes intended to promote fair and open competition for their business while minimizing risks such as exposure to fraud and collusion. Almost all purchasing decisions include factors such as delivery and handling, marginal benefit, and fluctuations in the prices of goods. Organisations which have adopted a corporate social responsibility perspective are also likely to require their purchasing activity to take wide ...
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Simplified Acquisition Procedures
Simplified Acquisition Procedures (SAP) are a set of streamlined procedures for government procurement in the United States that reduce the administrative burden of awarding procurements below a threshold value, which as of 2019 is $250,000. The procedures are described in . Procedure SAP allows informal quoting and competition procedures for simple, small-dollar-value purchases. For example, quotes may be submitted in oral rather than written form, and quoted prices may be directly compared by contracting officers rather than by conducting negotiations. Items commonly purchased through this program include "office supplies, computer software, and grounds keeping services". Also, the winner may be chosen directly by a contracting officer rather than a source selection team. SAP purchases between the micro-purchase threshold and the SAT threshold must be set aside for small businesses. Acquisitions under SAT/SAP can be sole-sourced under certain thresholds and are often not p ...
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Commercial Off-the-shelf
Commercial off-the-shelf or commercially available off-the-shelf (COTS) products are packaged or canned (ready-made) hardware or software, which are adapted aftermarket to the needs of the purchasing organization, rather than the commissioning of custom-made, or bespoke, solutions. A related term, Mil-COTS, refers to COTS products for use by the U.S. military. In the context of the U.S. government, the Federal Acquisition Regulation (FAR) has defined "COTS" as a formal term for commercial items, including services, available in the commercial marketplace that can be bought and used under government contract. For example, Microsoft is a COTS software provider. Goods and construction materials may qualify as COTS but bulk cargo does not. Services associated with the commercial items may also qualify as COTS, including installation services, training services, and cloud services. COTS purchases are alternatives to custom software or one-off developments – government-funded dev ...
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Firm Fixed-price
A company, abbreviated as co., is a legal entity representing an association of people, whether natural, legal or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared goals. Companies take various forms, such as: * voluntary associations, which may include nonprofit organizations * business entities, whose aim is generating profit * financial entities and banks * programs or educational institutions A company can be created as a legal person so that the company itself has limited liability as members perform or fail to discharge their duty according to the publicly declared incorporation, or published policy. When a company closes, it may need to be liquidated to avoid further legal obligations. Companies may associate and collectively register themselves as new companies; the resulting entities are often known as corporate groups. Meanings and definitions A company can be defined as an "artificial pe ...
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Performance Based Contracting
Performance based contracting (PBC), also known as performance-based logistics (PBL) or performance-based acquisition, is a product and services purchasing strategy used to achieve measurable supplier performance. A PBC approach focuses on developing strategic performance metrics and directly relating contracting payment to performance against these metrics. Common metrics include availability, reliability, maintainability, supportability and total cost of ownership. The primary means of accomplishing this are through incentivized, long-term contracts with specific and measurable levels of operational performance defined by the customer and agreed on by contracting parties. The incentivized performance measures aim to motivate the supplier to implement enhanced practices that offer improved performance and cost effective. This stands in contrast to the conventional transaction-based, or waterfall approach, where payment is related to completion of milestones and project deliverabl ...
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Reverse Auction
A reverse auction (also known as buyer-determined auction or procurement auction) is a type of auction in which the traditional roles of buyer and seller are reversed. Thus, there is one buyer and many potential sellers. In an ordinary auction also known as a forward auction, buyers compete to obtain goods or services by offering increasingly higher prices. In contrast, in a reverse auction, the sellers compete to obtain business from the buyer and prices will typically decrease as the sellers underbid each other. A reverse auction is similar to a unique bid auction because the basic principle remains the same; however, a unique bid auction follows the traditional auction format more closely as each bid is kept confidential and one clear winner is defined after the auction finishes. For business auctions, the term refers to a specific type of auction process (also called e-auction, sourcing event, e-sourcing or eRA, eRFP, e-RFO, e-procurement, B2B Auction). Open procurement pro ...
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Federal Acquisition Reform Act
The Federal Acquisition Reform Act of 1996 was U.S. national legislation enacted as Division D of the National Defense Authorization Act for Fiscal Year 1996 (; ). Together with the Information Technology Management Reform Act of 1996 The Information Technology Management Reform Act of 1996 is a United States federal law, designed to improve the way the federal government acquires, uses and disposes information technology (IT). It was passed as Division E of the National Defens ..., it is known as the Clinger–Cohen Act. References External links Summary of the lawat the US Congress web site United States federal government administration legislation Government procurement in the United States {{US-law-stub ...
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Nunn–McCurdy Amendment
The Nunn–McCurdy Amendment or Nunn–McCurdy Provision, introduced by Senator Sam Nunn and Congressman Dave McCurdy in the United States 1982 Defense Authorization Act and made permanent in 1983, is designed to curtail cost growth in American weapons procurement programs. It requires notification to the United States Congress if the cost per unit goes more than 25% beyond what was originally estimated and calls for the termination of programs with total cost growth greater than 50%, unless the Secretary of Defense submits a detailed explanation certifying: # the program is essential to national security, that no suitable alternative of lesser cost is available; # new estimates of total program costs are reasonable; and # management structure is (or has been made) adequate to control costs. Congress normally regards the explanations from the Secretary of Defense as acceptable. It is unusual for a program to be cancelled as a result of notification, but it has led to many change ...
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103rd United States Congress
The 103rd United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 1993, to January 3, 1995, during the final weeks of George H. W. Bush's presidency and the first two years of Bill Clinton's presidency. The apportionment of seats in the House of Representatives was based on the Twenty-first Census of the United States in 1990. This is the most recent Congress to have a Democratic senator from Texas, Bob Krueger, who lost election to finish Lloyd Bentsen's term in 1993. Three Democratic senators from the state of Maine, George J. Mitchell, and the state of Tennessee, Jim Sasser and Harlan Mathews, only Sasser lost re-election and the other two retired in 1994, respectively. In addition, a Democratic senator from the state of Oklahoma, David Boren, resigned in the final weeks of the Congress. Both chamb ...
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United States Federal Government Administration Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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