How Much of the FAR Is Required By Law?

[bob7947]

I have no idea. However, I would like to see what individuals believe is written to satisfy law--in percent. For example, if you believe 95% of the FAR is written to satisfy law, write 95%. If you believe 5%, write 5%.

[Guest Vern Edwards]

Bob,

If you believe the United States Code Annotated -- 100 percent.

Maybe "satisfy" is not what you mean. Maybe "derived from" is more what you mean, in the sense of derived from statutory language. For example, the rules about clarifications and discussions in FAR 15.306 are derived from specific statutory language in 10 USC 2305, but there is nothing in that section of the statute about "communications", so FAR 15.306( b ) is not derived from statutory language. It was written, however, to implement 10 USC 2305( b )(4)(A)(i), although in my opinion there was no need to create the category "communications" in order to implement the statute.

Vern

[bob7947]

Vern:

What about FAR Part 14?

[Guest Vern Edwards]

Much of Part 14 is based on decades-old procedures that are not derived from statutory language.

[bob7947]

As I quickly read through Part 14, I did not identify much related to legislation that I can remember. However, I do seem to remember that the basic steps evolved from an 1850s law. That law may have evolved from an Attorney General decision or another law from the 1820s. I don't know if I have any of it around here anymore.

What has become current contracting regulation is an ugly assortment of laws, Comptroller General decisions, Court decisions, bad ideas, custom, and who knows what else. A contract specialist is a pin ball. Someone pulls back the spring and sends him/her on their way through the contracting process. There they can get pinged by unknowledgeable congressional staffers, elected representatives, bureaucrats, unknowledgeable auditors, judges, and an assortment of other troublemakers.

So much for innovation.

[bob7947]

The basic structure of sealed bidding (as it is now called) is outlined in an appropriations law dated 8/26/1842 at 5 Stat. 526. In summary, the law called for:

1. public notice of the agency need,

2. sealed offers,

3. public opening of bids, and

4. award to the low bidder.

There is also mention of sureties, etc.

Actually, at least one part of the above can be tracked as far back as 1792 (1 Stat 234)

[formerfed]

More than a third but less than half - 40%

[Guest Vern Edwards]

Forty percent is not enough, formerfed. Unless you are analyzing down to specific sentences, statute accounts for some of Part 1, Part 3, much of Part 4, Part 5, Part 6, some of Part 8, some of Part 9, Part 12, much of Part 15, some of Part 17, much of Part 18, all of the socio-economic program parts -- 19, 22, 23, 24, 25, and 26 -- Parts 27, 28, 29, 30, much of Parts 31 and 32, Part 33, Parts 47 and 48, Part 50, and the associated solicitation provisions and contract clauses.