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U.S.Federal Acquisition Regulations

Please reference the Federal Acquisition Regulation to answer and cite the following:

1) Explain the importance of ethics in contracting? What would you reform in this area if anything?

2) In the context of government contractual authority, please define express authority, implied authority, and apparent authority and explain the key differences?

3) As the contracting officer for a U.S. Department of Defense Agency, you are notified by a company that is in the final stages of a large contract for supply of electronic components that they are not going to deliver the final 1000 of 4000 components because they are not happy with the contract price and they can make more dollars selling those parts to another agency or country. The Contractor has performed very well and there have been no problems. They demand that you terminate the contract for convenience. "How do you respond to this problem?" What provisions of the FAR support your conclusion?

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Step 1
Ethics is very important in contracting. There are large sums of public money involved in contracting. This is taxpayer's money. Currently, there are instances where because of technical reasons consultants are hired by the government. These consultants actually lobby for potential bidders. Also, there is direct lobbying in the writing of contracts. Traditionally, regulations require that government make awards to the lowest responsible bidder, however, there are changes in public contracting that raise questions about the whether the process serves the interests of the taxpayers. There is a more active role being played by lobbyists. They represent those that hire them. The activities of these lobbyists lead to contracts being awarded because of friendship, favoritism, or corruption. From the deontological ethical perspective the contracting officer is duty bound to award contracts based on the interests of the public. When political connections influence his decision, his actions are not ethical. The FAR Subpart 3.10-gives the Contractor Code of Business Ethics and Conduct. It is expected that contractors will follow this code of conduct and make contracting ethical(a).

There are some changes in the system that I recommend which will make the system more ethical. When specific technical skills are required, the local government should look outside the coterie of bidders to get the technical expertise required. Another change I propose is that design-model of public contracting should be used less. In design-bid where design and construction components are packaged together, contracting ...

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This posting gives you a step-by-step explanation of Federal Acquisition Regulations. The response also contains the sources used.