Procurement Powers

The courts have held the power of the United States to contract is implied in the Constitution and Congress has passed laws controlling those procurement powers. The actual "contracts and manufacturing" function is specifically authorized and appropriated by Act of Congress when a "make or buy" decision results in an acquisition program with civilian industry instead of simple government work. The manufacturing phase of an acquisition begins when the contract is finally signed and continues until the contract has been completed.

The United States of America is the Party to all of the United States Contracts with any contractor. All government employees obviously lack sufficient authority to act over or delegate to the United States when the Government does not possess the United States to deliver. Only the Law is sufficient and so Congress has passed some pertinent laws on this subject. The laws require the person signing the contract to sign in the name of the United States. The contract is then immediately transferred to the only United States at the location of the work for contract administration unless certain exceptions qualify. The contract is then administered by the unique United States from the time the contract was signed until the contract is closed. The unique Engineer at the location supervises the work performed under all contracts and performs contract administration and contract management activities in the name of the United States.

Congress has passed procedural laws controlling the way authority is attached to the Engineer's position instead of by the normally required explicit Acts of Congress. Any Agency head is authorized by the Law to select the individual to be cognizant of all contracts at a particular plant in the name of the United States of America. The first Agency to make the assignment is thereafter responsible because there can only be one United States and so contradictions are impossible in theory. In practice, there are certain exceptions where there can be temporary warrants allowed by the Government for incidental reasons peripheral to manufacturing. Those exceptions are not discussed here.

Congress has passed additional laws and incorporated regulations into the law controlling the administration of the contracts for both the United States and the Government of the United States at the cognizant plant. There are laws controlling the possible avenues for resolving contract disputes and there are laws authorizing contractor financing for example. The objective of the contract is the goal of the work and the Engineer then manufactures all of the products locally under contract according to the contract and the laws. Therefore, because of the U.S. Constitution, U.S. Congress and many Court decisions, the unique Engineer is the Sovereign from the viewpoint of the U.S. Government and the contracting party from the viewpoint of the contractor.

The courts and Agency tribunals have frequently studied the contracts and the work of the Engineer when there are disputes. For illustration, the Engineer assesses compliance with the contract for schedule, cost and technical performance in the areas of design, development and production. In this one example, both the Contractor and the Contract Administration Office must depend on the judgment of the Engineer concerning any decision of contract compliance with the terms of the work under an instant contract. Those questions are obvious prerequisites before final payment for performance on the unterminated parts of the original contract can be made and are also repeatedly evident in the process of manufacturing under all of the locally administered contracts. Because of the Law, the unique Engineer is the only answer for those manufacturing questions and acts in the name of the United States of America by virtue of possessing the authority attached to the position under the Law.

To summarize, the involved Secretary selects the individual to become the sovereign United States in lieu of an election by Congress because of laws passed by Congress. The Engineer then has procurement powers, reinforced by many court rulings, because of the authority attached to the Engineer's position. Therefore, the Engineer is constructively elected by Congress to act in the name of the United States by the actions of the involved Secretary.

The Contracts and Manufacturing Engineering Mission and position circa 1980-1984 is described in more detail at this site.