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What do I need to know about the rules that govern Federal contracting?
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Posted On: Wednesday December 31st, 2003 at 12:00am EST
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While we are not attempting to convey a comprehensive discussion of the laws and regulations that govern federal procurement in this space, some understanding of the rules is essential to achieving success as a government contractor. However, even the experts do not know all the rules. The trick is to know where to find them and to understand how the laws, rules and policies interrelate. There are a few fundamental references with which you as an MBE should be particularly familiar.
Federal regulations, or rules, are developed or revised using very specific procedures (that allow for public comments). The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations. After rules are published as “final” in the Federal Register, they are included in the Code of Federal Regulations (CFR), which “codifies” them. The CFR is divided into 50 titles that represent broad areas subject to Federal regulation, and each title is further subdivided into parts or sections that cover specific regulatory areas. For example, the title that contains the SBA’s rules is Title 13, and Section 124 of Title 13 (www.sba.gov/library/lawroom.html) contains rules governing the SBA’s section 8(a) business development program. A list of agencies and where they appear in the CFR may be found in the U.S. Government Manual. The online CFR is a useful Internet tool for government contractors at www.access.gpo.gov/nara/cfr/.
The Federal Acquisition Regulation (FAR) is found at Title 48 of the CFR, and is probably one of the most important regulatory documents with which an MBE should be familiar. Often referred to as the “bible” of contracting officers, the FAR was established to codify uniform policies for acquisition of supplies and services by executive agencies. 48 CFR Chapter 1 is amended as needed, and the Internet version at www.arnet.gov/far/ is updated as soon as possible after final FAR rules are published in the Federal Register. The FAR is further defined by individual Agency Supplements that interpret FAR rules further consistent with agency policies and procedures. For example, The Defense Federal Acquisition Regulation Supplement (DFARS) applies to Defense contracting activities. DFARS is found at acq.osd.mil/dp/dars/dfars.html. Consistency must be maintained between all of these bodies of rules. For example, a substantial legislative change to the Small Business Act could require changes to the FAR, DFARS and Title 13 of the CFR.
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SOURCES
GPO Access: http://www.access.gpo.gov/nara/cfr/
SBA: http://www.sba.gov/library/lawroom.html
DFARS:n
http://www.acq.osd.mil/dp/dars/dfars.html
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