Transforming the procurement system of Iraq.The Department of Defense has been in transformation since 2001. Four major areas of emphasis for transformation are: major systems acquisition; joint planning for military operations This is a list of missions, operations, and projects. Missions in support of other missions are not listed independently. World War I ''See also List of military engagements of World War I
v. re·wrote , re·writ·ten , re·writ·ing, re·writes v.tr. 1. To write again, especially in a different or improved form; revise. 2. of the Defense Supplement to the Federal Acquisition Regulation. After the cessation cessation Vox populi The stopping of a thing. See Smoking cessation. of hostilities with Operation Iraqi Freedom, a transformation process began to occur in that country, which is critical for the economic development and progress of Iraq. One transformation event is the creation and sustainment of a new procurement The fancy word for "purchasing." The procurement department within an organization manages all the major purchases. and contracting process. This transformation must create on environment for a public process that is built on fairness, best value, and competition. ********** In the aftermath of World War II, provisional governments A provisional government is an emergency or interim government set up when a political void has been created by the collapse of a previous administration or regime. A provisional government holds power until elections can be held or a permanent government can otherwise be were implemented in Germany and Japan. Many American institutions were used as a template for creating capitalist business practices and processes. Due to the success of the Marshall Plan Marshall Plan or European Recovery Program, project instituted at the Paris Economic Conference (July, 1947) to foster economic recovery in certain European countries after World War II. The Marshall Plan took form when U.S. in Germany and the efforts of General MacArthur in Japan, each country prospered and became an economic giant in world commerce. In the period of time before World War II, these two countries operated a fascist (jargon) fascist - Said of a computer system with excessive or annoying security barriers, usage limits, or access policies. The implication is that said policies are preventing hackers from getting interesting work done. The variant "fascistic" seems to have been preferred at MIT. system, which transitioned in the post-war period to a capitalist system. During Saddam Hussein's regime between 1979 and 2003, Iraq was also using a fascist economic model, and during this period, major infrastructure investment had not occurred. Even though Iraq has the potential to be the world's second largest producer of oil and energy products, the Hussein regime did little other than to focus on military development and modernization modernization Transformation of a society from a rural and agrarian condition to a secular, urban, and industrial one. It is closely linked with industrialization. As societies modernize, the individual becomes increasingly important, gradually replacing the family, . Roads, electrical grids, telecommunications, internet operations, and many other infrastructure support mechanisms were in need of replacement of repair. Following Operation Iraqi Freedom, the Coalition Provisional Authority The Coalition Provisional Authority (CPA) سلطة الائتلاف الموحدة was established as a transitional government following the invasion of Iraq by the United States, (CPA (Computer Press Association, Landing, NJ) An earlier membership organization founded in 1983 that promoted excellence in computer journalism. Its annual awards honored outstanding examples in print, broadcast and electronic media. The CPA disbanded in 2000. ) was set in place to establish political and economic stability. The CPA quickly set in place a number of orders and memoranda to establish structure for a future Iraqi central government and economy. A major effort to institute infrastructure, banking, commercial, social and political systems was undertaken. The United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. and its coalition partners realized in order for Iraq to be a viable, competitive player in the world economy, many types of transformation had to occur. One critical transformation is the public procurement and contracting process. Iraq did not have a functional, organized procurement and contracting system, with regulations and an established process. During the initial stages of post-war Iraq, Ambassador L. Paul Bremer Lewis Paul Bremer III (born September 30 1941), known as Paul Bremer and also nicknamed Jerry Bremer, was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the Iraq War of 2003, replacing Jay Garner on May 6 2003. , CPA Administrator, prioritized a need for the United States to set up a framework and process for an Iraqi procurement and contracting system. After the military combat period, the American Army was the largest military component in Iraq and had an operational contracting staff present. The Acting Director of the Army Contracting Agency, Mr. Mark Lumer, SES, and his staff aggressively implemented the establishment of a contracting process and framework for Iraq. The involvement of Brigadier General (RES) Scott Castle, Head of Contract Law, Colonel Anthony "Tony" B. Bell, Head of Contracting Activity, and Lieutenant Colonel Andrew "Andy" Hughes, Chief of Contract Operations, was critical to the success of this effort. Since the coalition process required the cooperation and agreement of thirty countries, this was a significant challenge. On August 19, 2003, CPA Memorandum Number 4, Contract and Grant Procedures Applicable to Vesterd and Seized Property and the Development Fund for Iraq In May 2003, following the invasion of Iraq in March of that year, the Central Bank of Iraq-Development Fund for Iraq (DFI) account was created at the U.S. Federal Reserve Bank of New York at the request of the Coalition Provisional Authority (CPA) Administrator. , was signed by Ambassador Bremer. The term vesterd was a contribution of the British and Australian lawyers and is not a common term of art in our legal system. Vesterd applied to existing Iraqi assets within country when the hostilities ceased, while seized property was external to that country. The 31-page document, subtitled sub·ti·tle n. 1. A secondary, usually explanatory title, as of a literary work. 2. A printed translation of the dialogue of a foreign-language film shown at the bottom of the screen. tr.v. Implementation of Regulation Number 3, Program Review Board, created a framework for implementing a new regulation and policy process. This memorandum largely parallels the Federal Acquisition Regulation (FAR), which became effective April 1, 1984 for the American contracting process. The Iraqi Memorandum Number 4 consists of 13 sections and four appendices ap·pen·di·ces n. A plural of appendix. . This document contains procedural and operational guidance for contracts and grants. On May 16, 2004, CPA Order Number 87, titled Public Contracts, was signed by Ambassador Bremer. This document identified the Ministry of Planning and Development Cooperation to promulgate To officially announce, to publish, to make known to the public; to formally announce a statute or a decision by a court. contracting policy. The Office of Government Contract Policy was responsible for issuing administrative instructions and regulations. Order Number 87 was identified as the superior regulation; any inconsistencies would be resolved with deference to the Order. This Order has 14 operational sections and a total of 15 pages. To contrast with the American federal guidance, the Iraq contracting regulations consisting of the Order and Memorandum total 46 pages, while the FAR has 53 sections and 1,972 pages. Sovereignty for Iraq was turned over to an interim government on June 28, 2004, and the CPA was dissolved. The final CPA Memorandum 15 issued that month was an amendment to Memorandum Number 4. The Contracts and Grants Procedures memorandum of August 19, 2003, was amended to permit continuation of the earlier implemented Order Number 87. This document recognized that consistent policy in the use of the Development Fund for Iraq (DFI See Direct foreign investment. ) must exist. The DFI is used to satisfy outstanding obligations of the Iraqi government as promulgated prom·ul·gate tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates 1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce. 2. by United Nations (UN) Security Council Resolution 1546. Sales of oil and other energy products overseas form the basis for the DFI. Thus, the Minister of Finance controls revenues, the contracts, and grants the procurement process. TRANSFORMING THE IRAQI CONTRACTING PROCESS Since the United States and UN Security Council directly impacted the public contracts process for Iraq, the following tenets provide the backbone of the Iraqi policy: 1. Conformance con·for·mance n. Conformity. Noun 1. conformance - correspondence in form or appearance conformity agreement, correspondence - compatibility of observations; "there was no agreement between theory and to international standards of transparency, predictability, and fairness of treatment; 2. Provision for dispute resolution; 3. Freedom from corruption and undue influence; 4. Creation of a best value system for procurement of goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. ; 5. Full and open competition, a critically important factor for the economy of Iraq Iraq's economy is dominated by the petroleum sector, which has traditionally provided about 95% of foreign exchange earnings. In the 1980s, financial problems caused by massive expenditures in the eight-year war with Iran and damage to oil export facilities by Iran led the government to and international free trade; and 6. Advancement and modernization of administrative instructions in accordance with best international practices. Each of these tenets will be sequentially addressed below, with some comparison between the FAR, UN, and Iraqi procurement and contracting regulations. CONFORMANCE Conformance is addressed in UN policy documents and the terms transparency, predictability, and fairness of treatment are invoked. In light of the business practices in place in Iraq since the 1970s, these attributes require significant cultural and institutional change and acceptance within the country. Section 6 of CPA Order Number 87, Standard Public Contract Provisions, is guided by recognized international standards and best practices. In addition to the generally accepted international commercial practices of the UN Commission on International Trade Law (UNCITRAL UNCITRAL United Nations Commission On International Trade Law ), directives of the European Union European Union (EU), name given since the ratification (Nov., 1993) of the Treaty of European Union, or Maastricht Treaty, to the European Community and World Trade Organization on Government Procurement Government procurement, also called public tendering, is the procurement of goods and services on behalf of a public authority, such as a government agency. With 10 to 15% of GDP in developed countries, and up to 20% in developing countries, government procurement accounts are referenced to promote transparency, predictability, and fairness of treatment. The FAR language is consistent with the foregoing. DISPUTES Dispute resolution has two dimensions: bid protests and claims. The FAR-based process uses the Government Accountability Office The Government Accountability Office (GAO) is the audit, evaluation, and investigative arm of the United States Congress, and thus an agency in the Legislative Branch of the United States Government. (GAO) for protests before and after contract award. The United Nations Development Programme (UNDP UNDP United Nations Development Programme UNDP Unión Nacional para la Democracia y el Progreso (National Union for Democracy and Progress) ) Procurement Manual, published in 2003, also has a bid protest process in Chapter 13. In the FAR-based process, after a contract has been awarded, claims made by the contractors are adjudicated through an arbitration process or by a Board of Contract Appeals (BCA BCA Business Case Analysis BCA Building Code of Australia BCA Boeing Commercial Airplanes BCA Board of Contract Appeals BCA Boston Center for the Arts BCA Billiard Congress of America BCA Bureau of Criminal Apprehension BCA Breast Cancer Action ). The American contract disputes process is addressed in FAR Part 33. The UNDP Procurement Manual does not have an established procedure for post award claims. For Iraq, Order Number 87 in Section 2 establishes an independent Administrative Tribunal that has jurisdiction over complaints, disputes, or claims arising under the award of public contracts. Section 12 of Order Number 87 closely parallels FAR Part 33 for the adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. of protests and claims. The Iraqi transformation to the Administrative Tribunal will require a significant adjustment period, since there is no existing organization or agency to use as a pattern. CORRUPTION AND INFLUENCE The third tenet TENET. Which he holds. There are two ways of stating the tenure in an action of waste. The averment is either in the tenet and the tenuit; it has a reference to the time of the waste done, and not to the time of bringing the action. 2. of the Iraqi regulation, which addresses freedom from corruption and undue influence, is perhaps the most daunting daunt tr.v. daunt·ed, daunt·ing, daunts To abate the courage of; discourage. See Synonyms at dismay. [Middle English daunten, from Old French danter, from Latin impediment A disability or obstruction that prevents an individual from entering into a contract. Infancy, for example, is an impediment in making certain contracts. Impediments to marriage include such factors as consanguinity between the parties or an earlier marriage that is still valid. to Iraq's transformation. The recent history of this country, in addition to prevailing business practices in the region, creates a stiff challenge to implementing a system that would create public confidence. Many of the existing business practices are exclusionary, rather than competitive. Bribes, kickbacks, favoritism, and gratuities are common commercial practices. The term "collusion An agreement between two or more people to defraud a person of his or her rights or to obtain something that is prohibited by law. A secret arrangement wherein two or more people whose legal interests seemingly conflict conspire to commit Fraud " is understood in Middle Eastern countries to be cooperation, and is considered a positive business arrangement. Commercial practices favor family ties and relatives. Creation of new enterprises is very difficult, especially in light of the fact that the banking system is not yet functional. Cash transactions are the norm for payments. There is no loan program in existence. A new system for public service must be created, free of corruption and undue influence. Reduction and removal of corruption may take the longest amount of time to occur, since these practices have been institutionalized in·sti·tu·tion·al·ize tr.v. in·sti·tu·tion·al·ized, in·sti·tu·tion·al·iz·ing, in·sti·tu·tion·al·iz·es 1. a. To make into, treat as, or give the character of an institution to. b. in Iraq's business culture for centuries as acceptable behavior. BEST VALUE Traditional contracting relies on awarding to the lowest price, technically acceptable, qualified firm. Best value contracting does consider price, but also permits consideration of other factors such as past performance, quality, delivery, management expertise, technical approach, experience of key personnel, management structure, and risk. Best Value contracts awarded under the FAR use Part 15 as a guide, and use the aforementioned factors for evaluation to determine which offeror proposed the best value approach. Chapter 6 of the UNDP Procurement Manual also provides guidance on best value and source selection. For Iraq, Section 5 of Order Number 4 specifically addresses the process determining the best value. In addition to price or cost, some suggested evaluation criteria that can be used are merits of technical solution, risk, past performance, experience, and management structure. Order Number 4 also requires that the relationship between price and non-price factors be ranked. COMPETITION The next precept An order, writ, warrant, or process. An order or direction, emanating from authority, to an officer or body of officers, commanding that officer or those officers to do some act within the scope of their powers. Rule imposing a standard of conduct or action. is the vital importance of competition to Iraq's economy and for multi-lateral trade. Though Order Number 87 closely parallels the content of the FAR and has similar language, the current reality is that competition exists only on a very limited scale. Iraq does not have a significant middle class or a broad industrial base. Wealth is concentrated in the hands of a few individuals favored by the Hussein regime. The industrial base has many companies that were formerly government-owned or -subsidized. Existing companies in Iraq will also need to develop business relationships with foreign companies. Initially, the foreign companies may act as prime contractors and the Iraqi firms as subcontractors or suppliers. The Iraqi contracting regulations require that tenders (solicitations) be issued in Arabic and Kurdish languages The Kurdish language (Kurdish: Kurdî or کوردی) is the language spoken by Kurds. It is mainly concentrated in the region of Kurdistan, which includes parts of Iran, Iraq, Syria and Turkey. , as well as other appropriate languages, where it is anticipated that offers will be made from entities or individuals outside of Iraq. Likely, the other language will be English. Order Number 87 requires sufficient information, including but not limited to standard terms and conditions, a statement of work/specification, and delivery schedule to be included in the tender. The tender shall include enough time for vendors to reasonably respond and provide them with the opportunity to request clarification. With regard to limited competition, the Iraqi regulation has a close parallel to FAR Part 19, which has preferences for certain types of businesses. The FAR has unique set asides for small businesses, including economically disadvantaged, minority-owned, disabled veteran-owned, and others. When these preferences are invoked, large business cannot participate in the process for a specific solicitation solicitation In criminal law, the act of asking, inducing, or directing someone to commit a crime. The person soliciting another becomes an accomplice to the crime. The term also refers to the act of obtaining bribes, as well as to the crime of a prostitute who offers sexual . In Part 6 of Memorandum Number 4, the Iraqi regulation states that if two responsible and responsive Iraqi-based vendors are available, competition would be available to them only. Non-Iraqi sources would not have a basis for a bid protest if two or more qualified Iraqi sources can be solicited for the requirement. MODERNIZATION AND BEST INTERNATIONAL PRACTICES The last principle is to build on and modernize mod·ern·ize v. mo·dern·ized, mo·dern·iz·ing, mo·dern·iz·es v.tr. To make modern in appearance, style, or character; update. v.intr. To accept or adopt modern ways, ideas, or style. administrative instructions in accordance with best international practices. Section 7 of Memorandum Number 4 requires posting and dissemination dissemination Medtalk The spread of a pernicious process–eg, CA, acute infection Oncology Metastasis, see there of requirements in excess of $10,000. Methods used to encourage and foster competition include advertising in local media, posting on electronic bulletin boards, the World Wide Web, and other sources. Section 2 of Order Number 87 also permits, for reasons of administrative convenience, a governmental unit or agency could agree with another to designate which unit would be responsible for contracting actions. This administrative accommodation is similar to the Economy Act of the United States, which would allow, for example, the Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and to contract on behalf of the Department of Agriculture. Best international business practices in the UNDP Procurement Manual include competition, best value and ethics; the same is true for the FAR. Modernization will be achieved with a paperless contract, a payment process, and a Web-based system of advertising business opportunities, solicitations, and awards. COMPARISON BETWEEN THE FEDERAL ACQUISITION REGULATION AND IRAQ REGULATIONS The Iraqi regulations are less specific and are not as inclusive as the FAR. The FAR is also a product of politics and includes more subject matter than the Iraqi regulations. Table 1 is used to cross reference the Topics as listed in the FAR with the corresponding Iraqi Order 87 and Memorandum 4. GRANTS Section 3 of Memorandum 4 defines a contract as "a written agreement whereby the CPA or Coalition Forces acquired goods, services, or construction from a person or entity under prescribed terms and conditions, for the purposes of assisting the Iraqi people or assisting in the recovery of Iraq." The same section defines a grant as "a written instrument that transfers Iraqi Funds from the CPA or Coalition forces to a recipient grantee An individual to whom a transfer or conveyance of property is made. In a case involving the sale of land, the buyer is commonly known as the grantee. grantee n. , in order to carry out a program that directly benefits the Iraqi people or assists in the recovery of Iraq." The key distinction is that a contract usually results in the acquisition of goods, services, or construction with a defined completion or end product. A grant typically benefits the public good and is often used for education and health care programs. Contracts are typically awarded to profit-motivated business entities, whereas grants are used for universities or nonprofit organizations Nonprofit Organization An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well. Notes: Examples of non-profit organizations are charities, hospitals and schools. or individuals. The FAR does not address grants, however, but guidance is published in the Department of Defense Grant and Agreement Regulatory System (DGARS) directives. Though the Iraqi regulations do specify a preference for a sealed bid with a public opening process, the use of negotiations will likely be the norm. The FAR has many more types of contracts, agreements, and special methods than the Iraqi counterpart. One interesting observation is that the FAR has a statutory prohibition against awarding a cost-plus-percentage-of-cost contract. The obvious reason for the proscription is due to the lack of disincentive dis·in·cen·tive n. Something that prevents or discourages action; a deterrent. disincentive Noun something that discourages someone from behaving or acting in a particular way Noun 1. for a contractor to control costs, since the longer the meter runs, more profit is earned without any risk. Similar to the FAR, the UNDP Procurement Manual in Chapter 13 discourages the use of percentage contracts, since they are open-ended. It would be prudent for the Iraqi regulations to also exclude a cost-plus-percentage-of-cost arrangement. The Iraqi regulations are silent on the following areas: acquisition planning, market research, acquisition of commercial items, labor, environment, safety, freedom of information, foreign acquisitions, patents and technical data, bonds, insurance and taxes, major systems, construction and architect-engineer contracts, service and utility contracts, contract modifications, subcontract sub·con·tract n. A contract that assigns some of the obligations of a prior contract to another party. intr. & tr.v. sub·con·tract·ed, sub·con·tract·ing, sub·con·tracts policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental , quality assurance, government-furnished property, transportation, value engineering, extraordinary contractual actions, and use of government sources by contractors. The FAR-based system has a more complex and broad agenda, which is impacted by Executive Orders and statutes. Our social program is more comprehensive and our business practices are more sophisticated than those of other nations. CONTINUING THE TRANSFORMATION OF CONTRACTING IN IRAQ What are the next courses of actions necessary to insure success of a free and competitive contracting system for Iraq? The Iraq central government will need to formalize a program to establish a system for public service employment, perhaps similar to the American civil service. Next, the various ministries could determine which ministry/agency would take the lead as a prototype organization for contracts. Next, for consistency and continuity, standardized standardized pertaining to data that have been submitted to standardization procedures. standardized morbidity rate see morbidity rate. standardized mortality rate see mortality rate. , multi-lingual forms need to be developed for purchase requests, procurement packages (to include statement of work/specifications), source selection and evaluation guides, tenders (solicitations), contract awards, and contract modifications. Many of these forms could use the FAR Part 53 samples. The Defense Acquisition University could develop a course to train local national Iraqi civil servants on proper policy and procedures. Once trained, the Iraqis could be employed at the Project and Contracting Office in Baghdad. CONCLUSION Just as the United States discovered that it is easier to win battles than to maintain internal peace in Iraq, the transition and transformation process to implement a viable contracting system will take time. The existing Order 87 and Memorandum 4 provide an excellent initial framework for a contracting process based on a market economy. The 46 pages of regulations have essential and substantive content to permit a system to effectively and efficiently function and create public confidence. A more critical challenge for transformation is to change the old system based on favoritism and business practices, which are pervasive in the Middle East. REFERENCES Bureau of Management/Office of Legal Procurement Support. (2003, May). United Nations Development Programme Procurement Manual. New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of : Author. Department of Defense (1998, April 13). Department of Defense grant and agreement directive (DoD 3210.6R). Washington, DC: Author. Federal Acquisition Regulation, 2005 Edition. General Services Administration The General Services Administration (GSA) was established by section 101 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C.A. § 751). The GSA sets policy for and manages government property and records. , Department of Defense, National Aeronautics and Space Administration National Aeronautics and Space Administration (NASA), civilian agency of the U.S. federal government with the mission of conducting research and developing operational programs in the areas of space exploration, artificial satellites (see satellite, artificial), . (2005, March). Federal acquisition regulation. Retrieved June 6, 2006, from http://www.acqnet.gov/far/ The Coalition Provisional Authority. (2004, June 18). Amendment to coalition provisional authority memorandum 4. Coalition Provisional Authority Memorandum Number 15. Retrieved June 6, 2006, from http://www.cpa-iraq. org/regulations/20040618_CPAMEMO_15_Amendment_to_Memo_4.pdf The Coalition Provisional Authority. (2003, August 19). Contract and grant procedures applicable to vesterd and seized property and the development fund for Iraq. Coalition Provisional Authority Memorandum Number 4. Retrieved June 6, 2006, from http://www.cpa-iraq.org/regulations/20030820_4_CPAMEMO_ Contract_and_Grant_Procedures_and_Appendix_A_D.pdf The Coalition Provisional Authority. (2004, May 14). Public contract: Coalition Provisional Authority Order Number 87. Retrieved June 6, 2006, from http:// www.cpa-iraq/regulations/20040516_CPAORD_87_Public_Contracts.pdf Bruno Wengrowski is a Professor of Contract Management at the Defense Acquisition University-South Campus where he teaches Contingency Contracting Contracting performed in support of a peacetime contingency in an overseas location pursuant to the policies and procedures of the Federal Acquisition Regulatory System. See also contingency. (CON 234) and Advanced Business Solutions for Mission Support (CON 353). Bruno has more than twenty years TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will be required to prove a negative to establish his rights. 2. of overseas experience as a contracting officer A US military officer or civilian employee who has a valid appointment as a contracting officer under the provisions of the Federal Acquisition Regulation. The individual has the authority to enter into and administer contracts and determinations as well as findings about such contracts. and procurement director. Bruno is a senior Department of Defense team member to train coalition partners for the rebuilding of Iraq. He completed a master's degree master's degree n. An academic degree conferred by a college or university upon those who complete at least one year of prescribed study beyond the bachelor's degree. Noun 1. from the University of Detroit. (E-mail address See Internet address. e-mail address - electronic mail address :bruno.wengrowski@dau.mil An Internet address domain name for a military agency. See Internet address. (networking) mil - The top-level domain for entities affiliated with US armed forces. )
TABLE 1: COMPARISON BETWEEN THE FAR AND IRAQ REGULATIONS
(Note: N/A designates not addressed or covered in the respective
regulation.)
TOPIC FAR PART ORD-87 MEMO. 4
Number Sec. Number Sec. Number
Regulation Systems 1 1 & 2 2 & 5
Definitions 2 N/A 3
Improper Business Practices 3 8 6
Administrative Matters 4 N/A Appendix A
Publicizing Contract
Actions 5 4 7
Full and Open Competition 6 4 6
Acquisition Planning 7 N/A N/A
Required Sources of Supply 8
Vendor Qualifications 9 9 N/A
Market Research 10 N/A N/A
Describing Agency Needs 11 4 3 &
Appendix B
Acquisition of Commercial
Items 12 N/A N/A
Micro and Small/Simplified
Purchases 13 7 7
Sealed Bids 14 5 7
Negotiated Contracts and
Evaluation Factors 15 5 7 &
Appendix D
Types of Contracts 16 7 N/A
Special Contracting Methods 17 N/A N/A
Small Business Program 19 N/A N/A
Labor Laws 21 N/A N/A
Environment, Safety, and
Drug-free Workplace 23 N/A N/A
Protection, Privacy, and
Freedom of Information 24 5 12
Foreign Acquisitions 25 N/A N/A
Other Socioeconomic
Programs 26 N/A N/A
Patents, Data, and
Copyrights 27 N/A Appendix B
Bonds and Insurance 28 N/A Appendix B
Taxes 29 Appendix B
Cost Accounting Standard
Administration 30 N/A N/A
Contract Cost Principles
and Procedures 31 10 N/A
Contract Financing 32 10 10
Protest, Disputes, and
Appeals 33 12 Appendix B
Major System Acquisitions 34 N/A N/A
Research and Development
Contracting 35 N/A N/A
Construction and Architect
Engineer Contracts 36 N/A Appendix B
Service Contracting 37 N/A N/A
Federal Supply Schedule
Contracting 38 N/A N/A
Acquisition of Information
Technology 39 N/A N/A
Acquisition of Utility
Services 41 N/A N/A
Contract Administration and
Audit Services 42 N/A N/A
Contract Modifications 43 N/A Section 7
Subcontracting Policies and
Procedures 44 N/A N/A
Government Property 45 N/A N/A
Quality Assurance 46 N/A N/A
Transportation 47 N/A N/A
Value Engineering 48 N/A N/A
Termination of Contracts 49 11 Appendix B
Extraordinary Contractual
Actions 50 N/A N/A
Use of Government Sources
by Contractors 51 N/A N/A
Solicitation Provisions and
Contract Clauses 52 6 Appendix B
Forms 53 N/A N/A
Grants N/A N/A 12, 9, &
Appendix C
Note: Parts 18, 20, 22, and 40 of the Federal Acquisition Regulation
are reserved and not used.
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