Check whether a federal buy or a state buy must be competed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the approach, record the buyer, any limit that turns on a supplier's size or location, and any statement that competition will not be used. Do not decide that the limit is lawful.
- What the lawyer must review
- The lawyer applies the buyer's competition rule and does not mix the two. FAR 6.101 says 10 U.S.C. 3201 and 41 U.S.C. 3301 require, with the limited exceptions in subparts 6.2 and 6.3, that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. Those exception subparts were not opened. A total small-business set-aside under FAR 19.502-2 is a separate rule that was opened, and it is applied on its own text rather than as an exception the FAR 6.101 page does not spell out. For a Texas state agency, Government Code section 2155.063 says that, except as otherwise provided by that subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. Section 2155.074 then requires best value, with price and meeting specifications as the principal considerations. GAO's FAQ says a GAO bid protest cannot be filed against a state or local procurement.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.