Key Procurement Legislation

National Defense Authorization Act

The National Defense Authorization Act is an annual federal law that authorizes expenditures for the Department of Defense and other national security programs. Each year's NDAA sets defense policy, procurement rules, and small business contracting goals that directly impact government contractors.

Federal Information Technology Acquisition Reform Act

FITARA is landmark legislation that reformed how the federal government acquires and manages information technology. It empowers agency CIOs with authority over IT spending, promotes the use of incremental development, and requires transparent IT portfolio management.

Competition in Contracting Act

CICA established the requirement for full and open competition in federal procurement. It created the GAO bid protest process and defined the limited circumstances under which agencies may use other than full and open competition, forming the backbone of competitive federal contracting.

Federal Acquisition Streamlining Act

FASA streamlined federal procurement by establishing the simplified acquisition threshold (SAT), promoting the use of commercial items, and reducing paperwork burdens. It modernized acquisition practices and created preferences for buying commercially available products.

Clinger-Cohen Act (Information Technology Management Reform Act)

The Clinger-Cohen Act reformed federal IT management by requiring agencies to use performance-based and results-based management for IT investments. It created the CIO role in federal agencies and mandated capital planning for major IT acquisitions.

Brooks Act (Architect-Engineer Selection)

The Brooks Act requires federal agencies to select architect-engineer (A-E) firms based on qualifications rather than price competition. Known as Qualifications-Based Selection (QBS), it ensures design quality by evaluating technical competence, experience, and past performance before negotiating fees.

Davis-Bacon Act

The Davis-Bacon Act requires contractors and subcontractors on federally funded construction projects over $2,000 to pay workers no less than locally prevailing wages and fringe benefits. It is one of the most significant labor laws affecting government construction contractors.

McNamara-O'Hara Service Contract Act

The Service Contract Act (SCA) requires contractors performing services on federal contracts exceeding $2,500 to pay service employees prevailing wages and provide fringe benefits as determined by the Department of Labor. It is the services equivalent of Davis-Bacon.

Buy American Act

The Buy American Act requires the federal government to prefer domestic products in its purchases. It applies to direct federal procurement and mandates that end products be manufactured in the United States with a specified percentage of domestic components.

Trade Agreements Act

The Trade Agreements Act (TAA) implements international trade agreements by waiving Buy American restrictions for products from designated countries. TAA compliance means a product must be manufactured or substantially transformed in the U.S. or a TAA-designated country.

Procurement Integrity Act

The Procurement Integrity Act prohibits the release of contractor bid or proposal information, source selection information, and imposes post-employment restrictions on government procurement officials. It protects the fairness and integrity of the federal procurement process.

False Claims Act

The False Claims Act imposes liability on persons and companies who defraud the federal government. It includes qui tam provisions allowing whistleblowers to file lawsuits on behalf of the government and receive a share of any recovery, making it the government's primary fraud enforcement tool.

Contract Disputes Act

The Contract Disputes Act establishes procedures for resolving disputes between government contractors and federal agencies. It creates the claims process, sets monetary thresholds, and provides appeal rights to the boards of contract appeals and the Court of Federal Claims.

Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law)

The Infrastructure Investment and Jobs Act authorized $1.2 trillion in federal spending for infrastructure including roads, bridges, broadband, water systems, and clean energy. It created massive federal contracting opportunities with enhanced Buy America requirements.

CHIPS and Science Act

The CHIPS and Science Act provides $280 billion in funding to boost domestic semiconductor manufacturing, scientific research, and technology competitiveness. It includes $52.7 billion specifically for semiconductor manufacturing incentives and research.

Coronavirus Aid, Relief, and Economic Security Act

The CARES Act was a $2.2 trillion emergency stimulus package that included expanded procurement flexibilities, PPP loans, and emergency contracting authorities. It raised simplified acquisition and micro-purchase thresholds and authorized flexible contracting procedures.

Miller Act

The Miller Act requires performance bonds and payment bonds on federal construction contracts exceeding $150,000. It protects the government from contractor default and ensures subcontractors and suppliers are paid on federal projects.

Walsh-Healey Public Contracts Act

The Walsh-Healey Act establishes minimum wage, maximum hours, and safety standards for federal supply contracts exceeding $15,000. It requires manufacturers and suppliers to the federal government to maintain safe working conditions and comply with labor standards.

Anti-Kickback Act

The Anti-Kickback Act prohibits the payment or acceptance of kickbacks in connection with federal contracts and subcontracts. It criminalizes attempts to improperly influence contract awards through payments, gifts, or other inducements in the procurement chain.

Bayh-Dole Act (Patent and Trademark Law Amendments Act)

The Bayh-Dole Act allows contractors, small businesses, and universities to retain ownership of inventions made under federal funding. It promotes commercialization of federally funded research by granting intellectual property rights to the performing organizations.

Truth in Negotiations Act

The Truth in Negotiations Act requires contractors to submit certified cost or pricing data for negotiated contracts above the TINA threshold ($750K). It enables the government to negotiate fair prices and provides for price adjustments if data is found to be inaccurate.

Small Business Act

The Small Business Act established the Small Business Administration and created the framework for federal small business contracting programs. It mandates that the government award a fair proportion of contracts to small businesses and authorizes set-aside programs.

Competition in Contracting Act

The Competition in Contracting Act of 1984 is the primary statute requiring federal agencies to obtain full and open competition when contracting for goods and services. It codified competitive procurement as the default and established the GAO protest system.