The Competition in Contracting Act (CICA) of 1984, 41 U.S.C. 253, is United States
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
governing the hiring of
contractors. It requires U.S. federal government agencies to arrange “full and open competition through the use of competitive procedures” in their
procurement
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 ser ...
activities unless otherwise authorized by law.
[ CICA was passed into law 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. Under CICA all procurements must be competed as full and open (there are some exceptions found in FAR Part 6) so that any qualified company can submit an offer. The bidding procedure should take the form of sealed bidding, previously known as "formal advertising", solicited prior to 2001 through ''Commerce Business Daily''.
]
History
A version of the CICA was introduced in 1982 by Senators William V. Roth Jr.
William Victor Roth Jr. (July 22, 1921 – December 13, 2003) was an American lawyer and politician from Wilmington, Delaware. He was a veteran of World War II and a member of the Republican Party. He served from 1967 to 1970 as the lone U.S ...
, Carl Levin
Carl Milton Levin (June 28, 1934 – July 29, 2021) was an American attorney and politician who served as a United States senator from Michigan from 1979 to 2015. A member of the Democratic Party, he was the chair of the Senate Armed Services C ...
, and William S. Cohen
William Sebastian Cohen (born August 28, 1940) is an American lawyer, author, and politician from the U.S. state of Maine. A Republican, Cohen served as both a member of the United States House of Representatives (1973–1979) and Senate (1979 ...
as Senate bill 2127. They chose the phrase "full and open competition" and deliberately avoided the phrase "maximum competition".[ Deputy Secretary of Defense Frank Carlucci had proposed related steps to reform defense-related (military) acquisition.][Kate M. Manuel. 2011. ]
Competition in Federal Contracting: An Overview of the Legal Requirements
'. Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on ...
, pages 3-4
The law was passed as part of the Deficit Reduction Act of 1984, P.L. 98-369, §§ 2701–2753, 98 Stat. 1175 (1984), and its competition requirements took effect on April 1, 1984.[ The law defines a role for GAO to adjudicate "bid protests", which are claims that the government awarded a contract improperly.][U.S. Government Accountability Office, Office of General Counsel. ]
Bid Protests at GAO: A Descriptive Guide
', Ninth Edition 2009. Page 5.
References
{{Authority control
United States federal government administration legislation
Government procurement in the United States