Statutes Inapplicable to "Other Transactions"
Statutes Inapplicable to "Other Transactions"
1. Competition in Contracting Act, Pub. L. No. 98-369 (1984), as amended - Promotes the use of competitive procurement procedures and prescribes uniform government-wide policies and procedures regarding contract formation, award, publication, and cost or pricing data (truth in negotiations). See DoD coverage generally at chapter 137 of title 10, United States Code, particularly sections 2301-2305.
2. Contract Disputes Act, Pub. L. No.95-563 (1987) as amended, 41 U.S.C. 601 et seq. - Provides for the resolution of claims and disputes relating to government contracts.
3. Procurement Protest System, Subtitle D of Competition in Contracting Act, Pub.L No. 98-369(1984), 31 U.S.C. 3551 et seq. - Provides statutory basis for procurement protests by interested parties to the Comptroller General.
4. Public Law 85-804, 50 U.S.C. 1431-1435, Extraordinary contractual relief - Authorizes such remedies to contractors as formalization of informal commitments, amendments without consideration, and correction of mistakes, and permits indemnification for unusually hazardous risks.
5. 10 U.S.C. 2207. Expenditure of appropriations: limitation - Permits termination of contracts upon a finding that the contractor has offered or given gratuities to obtain a contract.
6. 10 U.S.C. 2306. Kinds of contracts - Prohibits use of cost- plus-a-percentage-of-cost system of contracting; requires a covenant against contingent fees paid to obtain contracts; limits fee amount on virtually all cost-type contracts.
7. 10 U.S.C. 2313. Examination of records of contractor - Provides agency and GAO access to contractors facilities to audit contractor and subcontractor records and gives the DCAA subpoena authority.
8. 10 U.S. C. 2353. Conrtacts:acquisition, construction, or furnishing of test facilities and equipment (to R&D contractors).
9. 10 U.S.C. 2354. Contracts:indemnification provisions - Indemnification authority against unusually hazardous risks for R&D contractors.
10. 10 U.S.C. 2393. Prohibition against doing business with certain offerors - Prohibition with respect to solicitation of offers and contract awards to contractors that have engaged or are suspected to have engaged in criminal, fraudulent, or seriously improper conduct.
11. 10 U.S.C. 2403. Major weapon systems: contractor guarantees.
12. 10 U.S.C. 2408. Prohibition of persons convicted of defense- contract related felonies and related criminal penalty on defense contractors - Generally, convicted felons precluded from working in a managerial capacity on DoD contracts.
13. 10 U.S.C. 2409. Contractor Employees: protection from reprisal for disclosure of certain information. Whistle blower protection to contractor employees.
14. 31 U.S.C. 1352. Limitation on the use of appropriated funds to influence certain Federal contracting and financial transactions - Prohibits use of funds to influence or attempt to influence government officials or members of Congress in connection with the award of contracts, grants, loans, or cooperative agreements.
15. Antikickback Act of 1986,41 U.S.C. 51-58 - Prohibits kickbacks in connection with government contracts; provides civil and criminal penalties.
16. Procurement Integrity Act, section 27 of the Office of Federal Procurement Policy Act, 41 U.S.C. 423 - Imposes civil, criminal, and administrative sanctions against individuals who inappropriately disclose or obtain source selection information or contractor bid and proposal information.
17. Service Contract Act, 41 U.S.C. 351 et seq., Walsh Healey Act, 41 U.S.C. 35-45; Fair Labor Standards Act, 29 U.S.C. 201-219 - Provide protections for contractor employees.
18. Drug-Free workplace Act of 1988, 41 U.S.C. 701-707 - Applies to contracts and grants.
19. Buy American Act, 41 U.S.C. 10a-d. Applies only in part to "other transactions".
