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Federal Acquisition regulation and department of defense

1. In the context of government contractual authority, please define express authority, implied authority, and apparent authority and explain the key differences? (no more than 2 double spaced pages, 12 font)

2. Please explain the key differences between contracting by negotiation in FAR Part 15 and contracting by sealed bidding in FAR part 14? (no more than 2 double spaced pages, 12 font)

3. Fact Scenario - You just started with Agency X as a Contract Specialist, your Contracting Officer has also just joined Agency X and has extensive experience in procurement for the U.S. Commerce Department. Agency X is a Defense Department Agency that typically works procurements involving complex and large weapons systems. Your Contracting Officer tells you that she prefers to utilize the Sealed Bidding contract method because that is what she is most comfortable with from the Commerce Department. You have been assigned to help your Contracting Officer on the procurement of a new large complex weapons system. 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 your answer and address the factor of risk based on the recommended contract type. (no more than 2 double spaced pages, 12 font)

4. You are one of five technical evaluators on a contract evaluation team. In the second review of competitive proposals for a source selection, one of the evaluators tells you that he personally knows one of the contractors competing and several personnel that would work on the contract because they are from his hometown and he dislikes them. He says one of the personnel that would work on the contract is rude and he plans to give that contractor proposal a negative evaluation based on his personal feelings. What steps would you take and what would you tell him about why he should or should not give the negative evaluation/score. (no more than one double spaced page).

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Answer one:

In government contractual authority, what authority a contracting personnel of an agency can enter into on behalf of the government are often varied and determined in various ways. Express authority is that authority that is specifically given to contracting officers either orally or in written word and the government agent is aware of level of authority that they hold in various contractual agreements. In essence therefore expressed authority is that authority that is delegated to government contracting employees and is warranted to act within the limits of their authority (Federal Acquisition Regulation, 2001).

Implied authority in the other hand is that authority that is not specifically given or stated to a government agent but is viewed to be part and parcel of the positions the agents hold. In essence therefore it is authority that is given through reasonable deductions or inferences based on the position that a person holds. It comes with the job where though there is no warrant as to the contracting authority of the agent, the authority to contract is looked upon as a key part of the agent's duties in their position (Federal Acquisition Regulation, 2001).
Apparent authority on the other hand is authority where there is a general impression that an agent has authority to act on behalf of the government or principle, and therefore the principle would be liable for the actions of the agents. In this sense, an organization through their actions or failure to act gives the impression that an agent can act on behalf of the organization even though they have no either implied or express authority (Federal Acquisition Regulation, 2001).

In Government contracting, express authority are often used unlike implied or apparent authority in contracting. A legally competent person is often given the authority to bind the government in a contract, with the contracted warranted and done within the limits of the contracted officer. In essence therefore express authorities have warrantees and are often binding if done within the limits of the contract. In government contracting where there is no warrant, then there is no authority and a deal cannot be made. If a deal is made, then the government cannot be held liable for such a deal done with no warrant (Rasmusen, 2001; O'Connor, 2007).

Implied authority in government contracting rarely exists. This is because this is authority with no warrant where authority to contract is an integral part of the work that an officer does. Integral in this manner implies that an employee could not be able to perform assigned duties in their work without the authority required and the agency in which the employee works for does not grant or provide such kind of authorities. This implies therefore that only in very rare circumstances when contract authority is necessary for a person to do their job that there will be implied actual authority. In most cases though the government tries to ensure that such authority is expressed and well defined (Rasmusen, 2001; O'Connor, 2007).

The government though is can not be bound with an apparent ...

Solution Summary

The federal acquisition regulations and department of defense is examined.

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