Procurement

“ In such event, the contracting authority shall, if it still desires to procure the concerned goods or services, initiate a new procurement activity for such goods or services. 35.9 An economic operator may submit only one price quotation during the concerned procurement activity. ”

“ Any entity that uses a notice of planned procurement as an invitation to participate shall subsequently invite suppliers that have expressed an interest in the procurement to confirm their interest on the basis of information provided by the entity, which information shall include at least the information referred to in paragraph 2. ”

“ A procuring entity shall limit any conditions for participation in a covered procurement to those conditions that ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to fulfil the requirements of that procurement. ”

“ The Parties shall strive to achieve the liberalization of their measures regarding government procurement, as specified by the obligations in this Chapter, so as to provide balanced, non-discriminatory, predictable and transparent government procurement opportunities for the suppliers of each Party. ”

“ Each contracting authority shall ensure that its Procurement Department is staffed with a sufficient number of trained personnel to enable it to efficiently and professionally conduct the contracting authority’s procurement activities in strict accordance with the present law. ”

“ The Contractor shall act as the purchasing agent of the Government in effecting such procurement and the Government shall be directly liable to the vendors for the purchase price. The exercise of this agency is subject to the obtaining of approval in the instances and in the manner required by subparagraph (c) of this article. The Contractor shall negotiate and administer all such purchases and shall advance all payments therefor unless the Officer-in-Charge shall otherwise direct. ”

“ In conducting a procurement activity leading to the award of a large value works concession contract, a contracting authority may specify in the relevant works concession notice and tender dossier that tenderers are required to specify in their tenders the percentage, if any, of the total value of the concerned works or work that the tenderer intends to assign or subcontract to other economic operators. ”

“ Any significant information given by an entity to one supplier with respect to a particular procurement shall be given simultaneously to all other suppliers concerned and sufficiently in advance so as to provide all suppliers concerned adequate time to consider such information and to respond to it. ”

“ Designate a Procurement Executive with agency-wide responsibility to oversee development of procurement systems, evaluate system performance in accordance with approved criteria, enhance career management of the procurement work force, and certify to the agency head that procurement systems meet approved criteria. ”

“ These factors should be considered in acquisition planning for all procurement and in the evaluation and award of contracts, as appropriate. Program and acquisition managers should take an active role in these activities.
Sec. 402. Affirmative Procurement Programs. (a) The head of each executive agency shall develop and implement affirmative procurement programs in accordance with section 6002 of RCRA (42 U.S.C. 6962) and this order and consider use of the procurement tools and methods described in 7 U.S.C. 5909. ”

“ It is the policy of the United States Government that all department and agency heads and all Federal employees involved in the procurement of any and all goods and services shall assist SDBs, HBCUs, and MIs, as applicable, to develop viable, self-sustaining businesses capable of competing on an equal basis in the mainstream of the American economy. To that end, all Federal personnel shall commit to the letter and spirit of all laws promoting the participation of SDBs, HBCUs, and MIs in Federal procurement. ”

“ In any case in which a small-business concern or group of such concerns has been certified by or under the authority of the Administration to be a competent Government contractor with respect to capacity and credit as to a specific Government procurement contract, the officers of the Government having procurement powers are directed to accept such certification as conclusive, and are authorized to let such Government procurement contract to such concern or group of concerns without requiring it to meet any other requirement with respect to capacity and credit. ”

“ Each Party shall provide to the other Parties and to the suppliers of such Parties, on a cost recovery basis, information concerning training and orientation programs regarding its government procurement system, and access on a non-discriminatory basis to such programs as it conducts. ”

“ Principles of Government Public Procurement
1) This Order applies to all procurements of goods, services, and construction services
by the State of Iraq acting through Ministries or other federal agencies (collectively
“agencies”) ; or governmental units including Regions; Governorates; and all other
subdivisions of the State of Iraq (collectively “governmental units”) that may commit
public funds. Procurement is the acquiring by contract with public funds of goods,
services or construction services by and for the use of the government through
purchase or lease. ”

“ The purpose of this order is to strengthen the economy and to improve the efficiency of the Federal procurement system by encouraging business development that expands the industrial base and increases competition. ”

“ The procurement of goods and services for any level of government shall be regulated by an Act of Parliament and provincial laws, which shall make provision for the appointment of independent and impartial tender boards to deal with such procurements. ”

“ Economy, Efficiency, and Effectiveness in Federal Procurement. Consistent with applicable law and subject to the availability of appropriations, the Federal Acquisition Regulatory Council, in consultation with the Secretary of Labor and the heads of other executive departments and agencies as appropriate, shall consider issuing proposed rules to promote economy, efficiency, and effectiveness in Federal procurement by enhancing pay equity and transparency for job applicants and employees of Federal contractors and subcontractors. ”

“ An entity shall, in establishing any delivery date for goods or services and consistent with its own reasonable needs, take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the time realistically required for production, destocking and transport of goods from the points of supply. ”

“ When a contracting authority intends to conduct a procurement using open or restricted procedures or negotiated procedures after the publication of a contract notice, the contracting authority shall prepare a contract notice in the languages required by Section 12. ”

“ Article 25
⁠With respect to the products and services created independently by citizens, legal persons or other organizations within the territory, and the products and services that the State needs to offer special support and assistance, provided that they satisfy the requirements of government procurement in terms of their performance and technology indexes, the government shall purchase them for procurement; and where they are put on the market for the first time, the government shall take the lead in purchasing them. ”

“ The Director of the Office of Management and Budget, through the Office of Federal Procurement Policy as appropriate, shall work jointly with the heads of executive agencies to provide broad policy guidance and overall leadership necessary to achieve procurement reform, encompassing:
(a) Identifying desirable Government-wide procurement system criteria, such as minimum requirements for training and appointing contracting officers ”

“ No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. ”

“ IN GENERAL- Before awarding a contract or grant in excess of the simplified acquisition threshold under section 4 (11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403 (11) ) , the Federal agency official responsible for awarding the contract or grant shall review the database and shall consider all information in the database with regard to any offer or proposal, and, in the case of a contract, shall consider other past performance information available with respect to the offeror in making any responsibility determination or past performance evaluation for such offeror. ”

“ In making the identifications required by section 1 of this part, the Trade Representative shall:
(a) consider the requirements of the GPA, NAFTA, or other procurement agreements, government procurement practices, and the effects of such practices on U.S. businesses as a basis for evaluating whether the procurement practices of foreign governments do not provide fair market opportunities for U.S. products or services ”

“ In all negotiated procurements in excess of $2,500 in which rates or prices are not fixed by law or regulation and in which time of delivery will permit, proposals shall be solicited from the maximum number of qualified sources consistent with the nature and requirements of the supplies or services to be procured, and written or oral discussions shall be conducted with all responsible offerors who submit proposals within a competitive range, price, and other factors considered. ”

“ If the contracting authority is a public authority, its Procurement Officer shall have the status of a civil servant.
21.3 No person may serve as a Procurement Officer or as a staff member of a Procurement Department if he/she would be ineligible to participate in a procurement activity by reason of a provision of Section 61.2 of the present law. ”

“ When the works concessionaire is not a contracting authority, such works concessionaire shall, when conducting procurement activities having as their object the award to a third party of a contract having an estimated value in excess of 100,000 Euros, conduct such activities in compliance with the provisions of the present law in the same manner as that required of a contracting authority. A works concessionaire shall comply with Sections 15-17 of the present law when estimating the value of its contracts. ”

“ Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement. ”

“ When riskier contract types are proposed, agencies should provide appropriate oversight so that all alternatives have been considered and that qualified staff is available for monitoring performance to mitigate risks. • Agencies should review their internal procurement review practices to promote competition to the maximum extent practicable. ”

“ Each Federal procurement agency which obtains in connection with its procurement contracts agreements requiring contractors to provide physical security measures for their facilities shall provide in such agency for the review of such agreements. ”

“ It held that employees who are engaged in the procurement or receipt of goods from other states are 'engaged in commerce' within the meaning of § 6 (a) and § 7 (a) of the Act. (2) It also held that where respondent 'takes an order' from a customer and fills it outside the state and the goods are shipped interstate 'with the definite intention that those goods be carried at once to that customer, and they are so carried, the whole movement is interstate' and the entire work of delivery to their final destination is an employment 'in commerce'. ”

“ Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 2102 (b) . ”

“ Minority business enterprise development plans shall be developed by each Federal agency having substantial procurement or grantmaking authority. Such agencies shall submit these plans to the Cabinet Council on Commerce and Trade on an annual basis. ”

“ Like private individuals and businesses, the Government enjoys the unrestricted power to produce its own supplies, to determine those with whom it will deal, and to fix the terms and conditions upon which it will make needed purchases. [15] Acting through its agents as it must of necessity, the Government may for the purpose of keeping its own house in order lay down guide posts by which its agents are to proceed in the procurement of supplies, and which create duties to the Government alone. It has done so in the Public Contracts Act. ”