Government contracting Midterm

The express authority is the means to present authority by language in writing or orally. The authoritative agency created the expression of a spoken word concept that is binding as an agency created by the usage of writing. In the approach by using writing to convey authority, the writing ordinarily supplies the element for proof that is necessary where a dispute is present with an agency relationship. A good example is a contracting officer’s authority that is derived from an issued warrant compared to an implied or apparent authority.

The apparent authority is considered as not a real or actual authority; instead, it is invoked by the courts on equitable grounds. The overall purpose in finding such authority is to prevent unjust injury of a third party that relies on the appearance, created by the perception of principal, in which the agent is authorized to act as a primary principal (Schooner, 2007). The concept for apparent authority is on the basis of the principal that puts someone in charge of property or of a business that ordinarily have the person in such a position given certain authority.

The main differences compared to express or implied authority is that the presence of apparent authority is determined on the particular facts in each case – that sometimes been considered as an agency of estoppels. The implied authority is considered as a second type of actual agency or authority by an implied order to do certain tasks illustrated by the agent. The concept is implied authority to do what must be done in order to accomplish the goal for the agency. The term associated with implied authority is usual, customary, and necessary that clearly defines the direction for implementing such tasks warranted.

The major difference from express and implied authority is the delegation of authority may be implied on the conduct of the parties involved. It is sometimes considered an implied delegation of authority to assist in identifying the type of implied authority. Government employees operate under several standards of conduct because of the public trust. Is there ever a situation in which a government employee may accept certain gifts under exceptions to the rules but an overriding principle would guide the person to not accept the gift? What is the overriding principle and purpose behind it?

There would be no situation in which a government employee may accept certain gifts under any exceptions or in any circumstances. The difficulty for accepting gifts will render a perception of dishonesty or disloyalty to the code of conduct set in the guidelines of government personnel. The overriding principle is the perception from the public that our government employees are not easily bought by gifts. Fact Scenario – What factors will you tell her she should consider for a contract type and what contract method would you suggest for this procurement.

Please explain. The contract type recommendation should be performance-based servicing contract that provides in terms of objective and measurable performance outcomes. The factors to the method are experience, past experience, work methods, and key personnel. The selection will provide a consisted effort to deliverying the quality complex weaponary system within confidments of required contract type. Describe the how, when, and why market research is conducted in the acquisition process?

The market research is conducted either internally by procurement personnel or outsourced and it depends on the level of research, dollar value requirement and complexity. The market research is prior to developing new specification for procurement and before bids/proposal to detmerine what is available on the market, in order to meet a specific need or activity. References Schooner, Steven L. (2007) The Government Contracts Reference Book: A Comprehensive Guide to the Language of Procurement, Third Edition. George Washington University Law School