The effect of federal acquisition regulation (FAR)

The FAR is organized into 8 chapters which are further subdivided into 53 parts. Each part is also subdivided further into subparts, section, and subsections with consequent subdivisions in the subsection and parts level. During referencing these subchapters and sub-parts are ignored. The subchapters are numbered from A to H and includes; general competition and acquisition planning, contracting method and contract types, socio-economic programs, general contracting requirement, special categories of contracting , contract management and the clauses and forms.

In each subchapter there are other subunits governing various aspects which are particular in that line of governance. The largest subchapters are the one which contains standard contract and solicitation provisions. Solicitation provisions are certifications, notices and instruction for firms that plan to compete for a specific contract and if the government acquisition personnel omit the clause without authorization, the agency board of contract is allowed to appeal and the federal courts may interpret the contract as though the clause were in fact included.

The interpretation by the federal courts is done following a legal doctrine which is known as Christian doctrine. The Christian doctrine operates under a principle that government regulations have the fine and effect of law and the government personnel may moderate from law contractors and other key personnel to know what are the limitations of the authority of government acquisition personnel. All courts and boards hold the contractors liable for the activities taken and the consequences (http://oamp. od. nih. gov/Division/acp/AcqCertification/FederalAcquisitionCertificateInContracting.

asp). That’s why it is very vital for group engaging into contract to adhere to these rules and regulations. Contract pricing is another largest single part which is highly addressed by the federal acquisition regulation. It has been put in various subparts to put an emphasis on the matter. Matters pertaining socio- economic programs are explained into the federal acquisition regulations part D. it addresses matters such as small business programs purchases from foreign services and laws written to protect laborers and professional working under government contracts.

The original purpose of forming federal acquisition regulations was to consolidate different agencies that operated individually to a universal comprehensive set of standards which was to be adhered to by all departments under the government. This is the reason as to why the law discourages the individual agencies from issuing supplemental regulations. However almost in every major cabinet level department and agencies below them has issued such regulations which often place further restrictions or requirement to contractors.

The only way out for the agencies and contractor is to follow the format issued by federal acquisition regulations in the event of making or formulating supplements in federal acquisition regulation (http://stinet. dtic. mil/oai/oai? verb=getRecord&metadataPrefix=html&identifier=ADA368012,). The purpose of federal acquisition regulation is to provide uniform policies and procedure for acquisition. Some of its stipulations regarding acquisitions system are to have an acquisition system that is consumer friendly in term of needs, cost, quality and timeliness.

Another one issue is that of maximizing administrative operating costs or expenses, conduct business with integrity, fairness and openness and fulfill other public policy objectives. The federal acquisition regulation also considers the area in socio-economic sector in that it requires certain equipments to be purchased from United States firms for large subcontractors only and use smaller business owned by minorities as subcontractors (http://stinet. dtic. mil/oai/oai? verb=getRecord&metadataPrefix=html&identifier=ADA368012,).

During the issuance of a proposal or contract, the government agency has to specify a list of federal acquisition, regulations provisions that apply to that contract which are very many. A binder must either comply with the provisions or demonstration that he will comply with the provisions at the time of award or claim an exemption from them, and then this will enable the contractor to be awarded the contract. If the bidder demonstrates that it meets small business criteria then the law exempts small businesses from some of this requirement.

A contract award can be challenged and set aside if the challenger proves that either the contracting agency or the successful bidder did not comply with the contract solicitation requirements usually so that the challenger can either be awarded the contract or get another short at bid. The federal acquisition regulations have been found complex and sometimes it renders small business quite ineffectual to adhere to hence this leads to their in adequately in terms of competition (http://stinet. dtic. mil/oai/oai? verb=getRecord&metadataPrefix=html&identifier=ADA368012,).