U.S FEDERAL PROCUREMENT LAW - 1170 Contracting

What is Federal Procurement Law?

Federal procurement law refers to the body of rules, regulations, and procedures governing the acquisition of goods, services, and construction projects by the United States federal government. These laws ensure that government agencies acquire products and services in a transparent, competitive, and cost-effective manner while maintaining the integrity of the procurement process.

The primary source of federal procurement law is the Federal Acquisition Regulation (FAR), which provides a comprehensive set of guidelines and standards for government agencies and contractors to follow during the procurement process. The FAR covers various aspects of procurement, including contract formation, administration, negotiation, performance, and termination.

Federal procurement law aims to achieve objectives such as:

  1. Encouraging competition among vendors to obtain the best value for the government.

  2. Ensuring that small businesses, women-owned businesses, and other disadvantaged groups have equal opportunities to compete for government contracts.

  3. Promoting transparency, integrity, and accountability in the acquisition process.

  4. Ensuring that contractors adhere to applicable labor, environmental, and safety laws.

  5. Protecting the interests of the government and taxpayers by minimizing fraud, waste, and abuse.

In addition to the FAR, various statutes, executive orders, and agency-specific regulations also play a role in shaping federal procurement law. Professionals working in this field, including attorneys, contracting officers, and contractors, need to stay updated on the latest changes and developments to ensure compliance and maintain a successful working relationship with the federal government.


  • Each Federal Government Agency uses the FAR to develop rules to address its own unique deliverable. For instance, DoD has the DFAR which is part of the body of law guiding Defense Contracting. The unique iterations can supplement provisions of the FAR.

  • The Federal Government in recent years has made immense strides in consolidation procurement resources under one umbrella called SAM.GOV website. You can access this tool to register entities that will be doing business with the Federal government, research contract solicitation for bid, and keep up developments past, present & future soliciations

  • This looks at the ways in which the system of resolving disputes in the Federal Procurement arena is different from our ordinary court and dispute system. Also within the Federal procurement System there is difference in the system for resolving disputes in Department of Defense(DoD) contracting and Civilian Contracting.

  • This differentiates contracts based on the nature of deliverables, format, timeline, cost structure etc. Differentiation also takes place the level of knowledge base within the federal bureaucracy procuring leases of real property(1170) the Federal Government uses slightly different rules from procurements for goods and services (1102) contracting.

May 2, 2023

What is the public building service?

The Public Building Service (PBS) is a branch of the United States General Services Administration (GSA), a federal agency responsible for managing government buildings and real estate, providing product and service procurement support, and developing policies and regulations related to the management of federal assets. The PBS plays a critical role in the operation and maintenance of federal buildings, courthouses, laboratories, and other facilities.

 

The main functions of the Public Building Service include:

 

Design and construction: PBS oversees the design, construction, and renovation of federal buildings, ensuring that they meet safety, sustainability, and accessibility standards.

Property management: PBS is responsible for managing and maintaining federal buildings and facilities, including providing utilities, cleaning services, security, and other operational support.

Leasing: PBS acquires leased space for federal agencies and ensures that the spaces meet the needs of the agencies, comply with federal regulations, and are cost-effective.

Disposal: PBS manages the disposal of surplus or underutilized federal properties, either through sale, transfer, or other means.

Overall, the Public Building Service plays a crucial role in providing a safe, functional, and sustainable infrastructure for the federal government, ensuring that government agencies have the necessary facilities to carry out their missions effectively.

 

Why is it important for the prospective lessors to be familiar with the Public Building Service?

 

It is important for prospective lessors (property owners or landlords) to be familiar with the Public Building Service (PBS) for several reasons:

 

Business opportunities: The PBS leases a significant amount of commercial space on behalf of various federal agencies. Being familiar with PBS and its processes increases a lessor's chances of securing a government lease and expanding their business opportunities.

Compliance with federal requirements: Federal agencies have specific requirements for leased spaces, including safety, accessibility, and sustainability standards. Understanding these requirements and PBS guidelines will help prospective lessors ensure their properties are compliant, increasing the likelihood of securing a federal lease.

Streamlined processes: Familiarity with PBS processes and procedures will help lessors navigate the leasing process more efficiently. This includes understanding the Request for Lease Proposals (RLP), submitting competitive proposals, and effectively negotiating lease terms.

Long-term, stable tenants: Federal agencies can be attractive tenants for lessors, as they typically provide long-term, stable leases. By understanding the needs of PBS and the agencies it serves, lessors can position their properties to be more attractive to government tenants.

Contribution to public service: Leasing properties to federal agencies contributes to the efficient operation of government services. By being familiar with PBS and its requirements, lessors play a role in supporting public service missions and fostering the effective functioning of government agencies.

In summary, understanding the Public Building Service's role, requirements, and processes is beneficial for prospective lessors seeking to lease properties to federal agencies. This knowledge can help them secure government leases, ensure compliance with federal regulations, and contribute to the efficient operation of public services.

 

How can an Attorney with a background as a Lease Contracting Officer help you navigate the PBS bureaucracy and policies in competing effectively for bids?

 

An attorney with a background as a Lease Contracting Officer can be a valuable asset in navigating the PBS bureaucracy and policies when competing for bids. Their experience and expertise can provide several advantages:

 

In-depth understanding of PBS procedures: An attorney with a Lease Contracting Officer background will have firsthand knowledge of the PBS leasing process, including the submission of proposals, evaluation criteria, and lease negotiation. They can guide you through each step, helping you avoid common pitfalls and ensuring your proposal is compliant with all relevant regulations.

Expertise in federal leasing requirements: Such an attorney will be well-versed in the specific requirements and standards that federal agencies expect from leased spaces. This includes safety, accessibility, and sustainability guidelines. They can help you ensure your property meets these requirements, increasing your chances of winning a bid.

Competitive proposals: An experienced attorney can help you develop a compelling and competitive proposal that effectively highlights the strengths of your property and aligns with the needs of the federal agency. They can also advise you on pricing strategies and lease terms to make your proposal more attractive.

Skillful negotiation: Attorneys with a Lease Contracting Officer background will have experience negotiating lease terms with federal agencies. They can help you navigate the negotiation process, advocating for favorable terms while understanding the constraints and limitations that government agencies face.

Compliance and risk mitigation: An attorney can help you ensure your lease proposal and any subsequent agreements are compliant with all relevant laws, regulations, and policies. This reduces the risk of potential legal issues, disputes, or financial penalties that could arise from non-compliance.

Insider perspective: Having worked within the PBS bureaucracy, an attorney with a Lease Contracting Officer background can provide insights into the internal decision-making processes and priorities of the PBS and federal agencies. This insider perspective can be valuable when tailoring your proposal and negotiation strategies.

By leveraging the expertise and experience of an attorney with a Lease Contracting Officer background, you can navigate the PBS bureaucracy and policies more effectively, increasing your chances of successfully competing for and securing federal lease bids.

Pursuing a contract opportunity with the Federal Government can be an elaborate and costly undertaking. Why wing wing? Contact us today so we can help you put your best foot forward with our legal input.