ACQUISITION POLICY

The systems acquisition process is guided and constrained by a variety of federal laws.  The Government Performance and Results Act (GPRA) requires federal agencies to set strategic goals and report their progress in achieving those goals each year.  The Competition in Contracting Act (CICA) promotes full and open competition for government business.  The Federal Acquisition Streamlining Act (FASA) makes it quicker and easier for agencies to make small purchases of commercial products.  The Clinger-Cohen Act (CCA) requires sound management of information technology as a capital investment.  The Federal Information Security Management Act (FISMA) imposes security controls on information systems.  The National Environmental Policy Act (NEPA) requires PMs to evaluate the impact of their programs on the environment.  The Anti-Deficiency Act prohibits spending or obligating funds in excess of an appropriation or before funds have been appropriated. It also prohibits the Government from accepting voluntary services from contractors.  The Bona Fide Needs Rule mandates that a fiscal year’s appropriations only be obligated to meet a legitimate—or bona fide—need arising in (or sometimes before) the fiscal year for which the appropriation was made.  The Misappropriation Act requires that funds appropriated by Congress be used only for the programs and purposes for which the appropriation was made Systems acquisition is also governed by Executive Branch policy:  OMB Circular A-11 requires federal agencies to submit Exhibit 300s to support their budget requests for capital assets.  OMB Circular A-130 contains procedures for managing information systems with an emphasis on ensuring security.  The Federal Acquisition Regulation (FAR) is the definitive guide to procurement and contracting.

The primary reference for DHS acquisition policy is Acquisition Directive 102-01 and Acquisition Instruction /Guidebook 102-01-001, which contains detailed instructions and formats for program documents such as the MNS, AoA, CONOPs, ORD, and TEMP.