In United States government contracting, a provision or solicitation provision is a written term or condition used in a solicitation. A provision applies only before a contract is awarded to a vendor. This distinguishes provisions from clauses , which apply after contracts are awarded (and possibly before). Of means by which referring to the absolute security of one provision that it may be acceptable for one's job to be discriminated against the court; providing the right evidence is given.
The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.
In language, a clause is a part of the sentence that contains a verb. A typical clause consists of a subject and a predicate, the latter typically a verb phrase, a verb with any objects and other modifiers. However, the subject is sometimes not said or explicit, often the case in null-subject languages if the subject is retrievable from context, but it sometimes also occurs in other languages such as English.
A work of the United States government, as defined by the United States copyright law, is "a work prepared by an officer or employee" of the federal government "as part of that person's official duties." In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
A charitable organization or charity is a non-profit organization whose primary objectives are philanthropy and social well-being.
In the United States under the Securities Act of 1933, any offer to sell securities must either be registered with the United States Securities and Exchange Commission (SEC) or meet certain qualifications to exempt them from such registration. Regulation D contains the rules providing exemptions from the registration requirements, allowing some companies to offer and sell their securities without having to register the securities with the SEC. A Regulation D offering is intended to make access to the capital markets possible for small companies that could not otherwise bear the costs of a normal SEC registration. Reg D may also refer to an investment strategy, mostly associated with hedge funds, based upon the same regulation. The regulation is found under Title 17 of the Code of Federal Regulations, part 230, Sections 501 through 508. The legal citation is 17 C.F.R. §230.501 et seq.
In United States military contracts, the contract data requirements list is a list of authorized data requirements for a specific procurement that forms a part of the contract.
The Federal Acquisition Regulation (FAR) is the principal set of rules in the Federal Acquisition Regulations System regarding government procurement in the United States, and is codified at Chapter 1 of Title 48 of the Code of Federal Regulations, 48 C.F.R. 1.
The Transfer of Undertakings Regulations 2006 known colloquially as TUPE and pronounced tu-pee, are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations which implemented the original Directive.. The law has been amended in 2014 and various provisions within the 2006 Regulations have altered.
Government procurement in the United States is the process by which the federal, state and local government bodies in the United States acquire goods, services, and interests in real property. In FY 2016 alone, the US Federal Government spent $461B on contracts. Contracts for federal government procurement usually involve appropriated funds spent on supplies, services, and interests in real property by and for the use of the Federal Government through purchase or lease, whether the supplies, services, or interests are already in existence or must be created, developed, demonstrated, and evaluated. See 48 C.F.R. § 2.101. Federal Government contracting has the same legal elements as contracting between private parties: a lawful purpose, competent contracting parties, an offer, an acceptance that complies with the terms of the offer, mutuality of obligation, and consideration. However, federal procurement is much more heavily regulated, subject to volumes of statutes dealing with Federal contracts and the Federal contracting process, mostly in Titles 10, 31, 40, and 41 of the United States Code.
Systems Engineering and Technical Assistance (SETA) contractors are government contractors who are contracted to assist the United States Department of Defense (DoD) components, and acquisition programs. SETA contractors provide analysis and engineering services in a consulting capacity, working closely with the government's own engineering staff members. SETA contractors provide the flexibility and quick availability of expertise without the expense and commitment of sustaining the staff long-term.
Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with the principles underlying the Treaties of the European Union. Public procurement represents 13.5% of EU GDP as of 2007, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.
Government procurement or public procurement is the procurement of goods, services and construction on behalf of a public authority, such as a government agency. With 10 to 20% of GDP, government procurement accounts for a substantial part of the global economy.
The Consumer Protection Regulations 2000, Statutory Instrument 2000/2334, implements European Directive 97/7/EC as UK law. They apply to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the contract, makes use of one or more means of distance communication" up to and including the moment the contract is agreed. The legislation provides rights to the consumer and obligations which the seller must fulfill.
The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law. Since 1979, there have been numerous minor statutory amendments and additions to the 1979 Act. It was replaced for consumer contracts from 1 October 2015 by the Consumer Rights Act 2015(c 15) but remains the primary legislation underpinning B2B transactions for selling / buying goods.
In U.S. Federal government contracting, IDIQ is an abbreviation of the term indefinite delivery/indefinite quantity. This is a type of contract that provides for an indefinite quantity of supplies or services during a fixed period of time. The legal origin of IDIQ contracts is the Federal Acquisition Regulation (FAR) section 16.504(a). IDIQs are also sometimes called "Task Orders" or "Delivery Order Contracts." IDIQ contracts are a subtype of Indefinite Delivery Contract (IDC), which is a "vehicle that has been awarded to one or more vendors to facilitate the delivery of supply and service orders."
The United States Government sets aside contract benefits for companies considered "Service-Disabled Veteran-Owned Small Business (SDVOSB)." The most notable of these contracts is the Veterans Government-wide Acquisition Contracts is the result of Executive Order 13360 that is designed to strengthen federal contracting opportunities for SDVO firms. The current VETS contract is for the period from 2 February 2007 through 1 February 2017 with a five-year option. This program has a ceiling of $5 billion. While this money is set aside by the Office of Federal Procurement it is up to the government agencies to provide the contracts, mainly the United States Department of Defense (DoD).
Cost Accounting Standards are a set of 19 standards and rules promulgated by the United States Government for use in determining costs on negotiated procurements. CAS differs from the Federal Acquisition Regulation (FAR) in that FAR applies to substantially all contractors, whereas CAS applies primarily to the larger ones.
An equitable adjustment, in government contracting, is a contract adjustment pursuant to a changes clause, to compensate the contractor expense incurred due to actions of the Government or to compensate the Government for contract reductions. An equitable adjustment includes an allowance for profit; clauses that provide for adjustments, excluding profit, are not considered "equitable adjustments."
The Miller Act requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.
The Acquisition Management System (AMS) provides policy and guidance on lifecycle acquisition management by the United States Federal Aviation Administration (FAA). The self-stated objectives of the AMS "are to increase the quality, reduce the time, manage the risk, and minimize the cost of delivering safe and secure services to the aviation community and flying public." The AMS applies to acquisitions by the FAA in place of the Federal Acquisition Regulation (FAR) and various other provisions of Federal acquisition law.
The processes by which agencies of the federal government purchase goods and services (procurement) involve legal contracts between the agency and a private business. A GWAC is an acquisition tool that facilitates and streamlines the purchasing of IT solutions by United States federal government departments and agencies, while ensuring that the many government-mandated rules are followed. These rules are complex, deriving from laws and regulations that guide the purchasing processes of each agency. According to the GSA website, "A Governmentwide Acquisition Contract (GWAC) is a pre-competed, multiple-award, indefinite delivery, indefinite quantity (IDIQ) contract that agencies can use to buy total IT solutions, including both products and services." Federal agencies may create GWACs to support the work of the federal government. This has been done by the GSA, NIH and NASA (SEWP). A GWAC is not necessarily restricted to the agency that runs it . All IDIQs, including GWACs, are regulated by FAR, a set of rules and regulations that must be followed by federal agencies and providers of goods and services to the government in the procurement process.
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