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

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. 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 serv ...

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 bid Seal may refer to any of the following: Common uses * Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly: ** Earless seal, or "true seal" ** Fur seal * Seal (emblem), a device to imp ...

ding, 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., Carl Levin, and William S. Cohen 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 Frank Charles Carlucci III ( ; October 18, 1930 – June 3, 2018) was an American politician and diplomat who served as the United States Secretary of Defense from 1987 to 1989 in the administration of President Ronald Reagan. He was the fi ...

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 a ...

, pages 3-4 The law was passed as part of the

Deficit Reduction Act of 1984 The Deficit Reduction Act of 1984 (), also known as the DEFRA, was a federal law enacted in the United States in 1984. Originally part of the stalled Tax Reform Act of 1983, it was adjusted and reintroduced as the Tax Reform Act of 1984. After passi ...

, 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 Gao , or Gawgaw/Kawkaw, is a city in Mali and the capital of the Gao Region. The city is located on the River Niger, east-southeast of Timbuktu on the left bank at the junction with the Tilemsi valley. For much of its history Gao was an impor ...

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