When does the federal government use a procurement contract?
The vast majority of the agreements entered into by the Government constitute procurement contracts. See 31 U.S.C. section 6303.
A procurement contract is the instrument used when the Government and a private party establish an agreement the when the principal purpose of the instrument is to for the Government to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the United States; or
the agency decides in a specific instance that the use of a procurement contract is appropriate.
Procurement contracts are generally for the Government's direct benefit, and the Government demands far more extensive involvement or participation during both the procurement process and the performance of a contract than most private parties insist on.
There is a comprehensive statutory and regulatory framework that governs the manner in which the Government issues and administers procurement contracts with private firms. The statutes applicable to procurement contracts are found primarily in Title 41 and Title 10 (Chapter 137) of the U.S. Code. The regulations which implement the statutes are found primarily in Title 48 of the Code of Federal Regulations.
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