Essay about Mid Term Exam

3080 Words Mar 19th, 2014 13 Pages
• Essay Question #1:
You work with a Government agency managing several large defense contracts. On one of these contracts with a contractor named ATI, an issue has arisen concerning the allowability of certain ATI incurred and invoiced costs. ATI's contract is a cost plus award fee contract. The specific costs in question involve some $50,000 in costs running the ATI fitness center at the ATI main business campus. Additionally, ATI paid $500,000 to a political action committee (PAC) which supports legislative initiatives for defense contractors. Finally, ATI incurred and invoiced the Government $1.5 million for its legal fees associated with a proceeding brought against it by the local U.S. Attorney's Office for an alleged violation of
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Accordingly, it proceeded to set up a meeting with Navy Commander Strithers to further explore its concept. Both the Navy and Innovative Concepts met several times over the following several months resulting in the submission of a proposal from Innovative to the Navy. On the other hand, Drawn-out LLC believes the Navy should be competing this critical Navy requirement and is now contemplating the submission of a GAO Protest to stop the Navy from proceeding and awarding a contract to Innovative Concepts. If you were advising the Navy, what steps would you counsel its Contracting Officer to take and why? Would you allow the contract to be awarded to Innovative Concepts?
If I were advising the Navy I would certainly detour their decision in this award being directly to Innovative Concepts. Under FAR Federal statutes and regulations require that both negotiated contracts and sealed bid contracts be competitively awarded to the maximum extent practical, with the objective of obtaining the contracts most advantageous to the U.S. Government.
FAR 6.302 offers for circumstances that would otherwise not require full and open competition but not enough facts are given about the question to make an accurate determination if any exceptions are applicable.
Of the FAR 6.302 Circumstances permitting other than full and open competition, I find only one that may be applicable if the nature of the given

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