Acquisition of both Large organizations and government agencies

Rules and regulations control how large corporations and government agencies can purchase products and services. To attain cheap rates and high quality, government agencies and businesses that are soliciting items request proposals from several offerors. The offeree grants contracts to competing offerors so they can supply the needed items. Contractors can ensure they follow all legislative and regulatory criteria when creating proposal requests by using a proposal adequacy checklist. (2016) Feldman The topic of governmental acquisitions is examined in this essay.

Section 1A of Table 15-2 of FAR 15.408: Exists a properly filled-out first page of the proposal in accordance with FAR 15,408 Table 15-2 or as required by the solicitation?

In first page should contain information with regards to contract, solicitation and /or modification number, name and telephone number of the contact person, the name and address of the offeror name of the government contract admission office, and name of contract action, profit or fee plus the proposed cost, and total, and whether the offer will require use of government property, and if so what property (Feldman., 2016).

As provided in the solicitation the proposal is properly completed because the Canadian Commercial Corporation only retains the right to receive and provide fee; assessments from public works and government agencies to assess price reasonableness; information apart from pricing data required to allow a determination contracting officer from U S that the proposed price is fair and also reasonable (Moore et al., 2012). Realism is disallowed for an award unless the leader of the project provides that it is for the good of the government to award the offeror (Moore et al., 2012).

Does The Proposal Support the Degree of Competition and The Basis for Establishing the Source and Reasonableness of Price for Each Subcontract or Purchase Order Priced On a Competitive Basis Exceeding the Threshold for Certified Cost or Pricing Data?

According to FAR 215.317-1, the proposals back the level of competition plus the need for set up a source plus also reasonable pricing on every acquired order price or subcontractor. According to the Department of Defense (DoD) if only one offeror is obtained then necessary actions are taken to encourage competition and guarantee reasonable and fair prices and in adherence to the statutory provisions for pricing data. In promotion of competition, when procedures are applied, and solicitation provides room of less than one month to receive proposals, the subcontractor officer should consult to determine whether necessary documents should be amended to encourage competitiveness and resolicit to allow more time of about a month to receive proposals (Moore et al., 2012).

A consolidated priced summary of raw materials, assemblies, components, parts and services required to meet the needs of a contract. Adequate price competition should be encouraged in the achievement of reasonable prices for the acquisition of goods. Certified pricing data or cost should be availed supporting proposals for lower costs. Also, a breakdown price of elements should be provided. Price reasonableness is encouraged except when more than two offerors, competing autonomously submit their offers, though one offer is received, in this case, competitive pricing is limited not unless a senior officer approves the determination of the prices reasonableness.

Discuss If an Offeree Ought to Allow a Mistake from The Offeror in A Proposal Pass Unrectified Even If This Will Result in A Loss to The Offeror

The offeree has two options, in this case, that is to take advantage of the perceptible mistakes and accept the proposal or reject the proposal by detected errors. The offeree might notify the offeror of the errors in the proposal and recommend for the submission of a written request for those expectations. On the other hand, the offeror will accord representatives, bound by the contract, the right to review the contract to substantiate if errors exist. Both the offeree and the offeror are liable to charges based on mistakes found within a proposal (O’Connor., 2014).

When the awarding of the contract is done before discovery of an error, the error could be rectified through modification of the contract especially where it favors an offeree without changing the essential requirements of the specifications. The offeror in this case, as authorized by the law should determine whether to rescind, reform or alter the price.

Suggest One (1) Judicial Remedy Available to The Offeror to Prevent His / Her Loss. Provide an Argument in Support of Your Position.

The judiciary considers the offeror as the preference of the party that chose it. Courts validate the rule on business expediency (O’Connor., 2014). However, in other jurisdictions, the existence of an error in the offeror’s proposals would imply no contract at all, on the basis that both parties never had a prior meeting. Where there is no contract, the offeror is not bound. Therefore, he will choose whether to correct the errors in the proposal to avoid making a loss or give no offer at all

The judiciary holds that an erroneous proposal is no contract at all. This fact allows an offeror to drop out of the contract if the offeree does not allow for changes and where he/ she is bound to make a loss. This judicial remedy is a comprehensive solution for an offeror to avoid making losses.

References

Feldman, S. W. (2016). Government contracts in a nutshell.

Moore, N. Y., Cox, A. G., Grammich, C. A., Mele, J. D., Acquisition and Technology Policy Center, Rand Corporation, & United States. (2012). Assessing the impact of requiring justification and approval review for sole source 8(a) Native American contracts in excess of $20 million. Santa Monica, CA: RAND.

O’Connor, T. M. (2014). The government manager’s guide to contract law. Tysons Corner, VA: Management Concepts Press.