Chapter
COVERAGE OF THE BUY AMERICAN ACT
EXCEPTIONS TO THE BUY AMERICAN ACT
Inconsistent with the Public Interest
Use Outside of the United States
Not Produced or Manufactured in the United States in Sufficient and Reasonably Available Commercial Quantities and of Satisfactory Quality
AMENDMENTS TO THE BUY AMERICAN ACT
THE AMERICAN RECOVERY AND REINVESTMENT ACT
Chapter 3 GOVERNMENT PROCUREMENT IN TIMES OF FISCAL UNCERTAINTY
Declining to Exercise an Option
Not Allotting Additional Funds to Cost-Reimbursement Contracts
EXISTING OBLIGATIONS UNDER CONTRACT
Limiting Orders under Indefinite-Quantity Contracts
Alterations in Performance Period
Acceleration of Performance
Termination and Cancellation of the Contract
Terminations for Convenience
Cancellation of Multi-Year Contracts
Chapter 4 ENVIRONMENTAL CONSIDERATIONS IN FEDERAL PROCUREMENT: AN OVERVIEW OF THE LEGAL AUTHORITIES AND THEIR IMPLEMENTATION
PLACE OF ENVIRONMENTAL CONSIDERATIONS IN FEDERAL PROCUREMENT
LEGAL AUTHORITY TO CONSIDER ENVIRONMENTAL FACTORS
Attribute-Focused Authorities
Categories of Preferred Products
Constitutionality and Legality of Such Preferences
General Contracting Authorities
Responsibility-Related Authorities
IMPLEMENTATION OF EXISTING AUTHORITIES
Identification of Products and Contractors
Governmentwide Commercial Purchase Cards
APPENDIX. ENVIRONMENTALLY RELATED PURCHASE REQUIREMENTS, CONDITIONS AND LIMITATIONS, AND EXEMPTIONS FOR MAJOR TYPES OF PREFERRED PRODUCTS
Chapter 5 THE BERRY AMENDMENT: REQUIRING DEFENSE PROCUREMENT TO COME FROM DOMESTIC SOURCES
Legislative Provisions and Proposals
GAO Reports on the Berry Amendment
The Berry Amendment and DHS
BERRY AMENDMENT RESOURCES
CONTROVERSY OVER THE BERRY AMENDMENT
HISTORY OF THE BERRY AMENDMEN
When Was It Enacted and Why?
How Does the Buy American Act Differ from the Berry Amendment?
What Is the Relevance of the Berry Amendment Today?
APPLICATION OF THE BERRY AMENDMENT
Department of Defense Views of the Berry Amend
Option 1: Take No Action, Retain the Berry Amendment as Enacted
Option 2: Eliminate Some Selected Restrictions
Option 3: Adopt a “Componency Standard”
Option 4: Study the Lessening or Elimination of Provisions
Option 5: Study What Percentage of Domestic Clothing, Textiles, Food, and Specialty Metals Is Sold to the Military
Option 6: Appoint a “Berry Amendment Commission”
Option 7: Audit and Investigate Berry Amendment Contracts
Chapter 6 MULTIYEAR PROCUREMENT (MYP) AND BLOCK BUY CONTRACTING IN DEFENSE ACQUISITION: BACKGROUND AND ISSUES FOR CONGRESS
Terminology and Scope of Report
Block Buy Contracting vs. Air Force’s Block Buy of Two AEHF Satellites
Funding Approaches vs. Contracting Mechanisms
Multiyear Procurement (MYP)
Potential Savings under MYP
Permanent Statute Governing MYP
Potential Consequences of Not Fully Funding an MYP Contract
Effect on Flexibility for Making Procurement Changes
Block Buy Contracting (BBC)
Terminology Alert: Block Buy Contracting vs. Block Buys
Potential Savings Under BBC
MYP and BBC vs. Contracts with Options
Frequency of Using MYP and BBC
Permanent Statute for BBC
LEGISLATIVE ACTIVITY FOR FY2013
MYP Proposals in DOD’s FY2013 Budget
APPENDIX. PROGRAMS APPROVED FOR MYP IN ANNUAL DOD APPROPRIATIONS ACTS SINCE FY1990
Chapter 7 CONTRACT TYPES: AN OVERVIEW OF THE LEGAL REQUIREMENTS AND ISSUES
SELECTING THE CONTRACT TYPE
Contracts under Part 16 of the FAR
Cost-Reimbursement Contracts
Time-and-Materials and Labor-Hour Contracts
Indefinite-Delivery Contracts
Other Agreements under Part 16 of the FAR
APPENDIX. CHRONOLOGY OF DEVELOPMENTS REGARDING CONTRACT TYPES, 107TH-112TH CONGRESSES
Federal Procurement: Policies and Considerations
( Government Procedures and Operations )
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