Government Contracts Commons^™

Qualified Sovereignty, Kate Sablosky Elengold, Jonathan D. Glater

Washington Law Review

Sometimes acts of the federal government cause harm; sometimes acts of contractors hired by the federal government cause harm. In cases involving the latter, federal contractors often invoke the sovereign’s constitutionally granted and doctrinally expanded supremacy to restrict avenues for the injured to recover even from private actors. In prior work, we analyzed how federal contractors exploit three “sovereign shield” defenses—preemption, derivative sovereign immunity, and derivative intergovernmental immunity—to evade liability, accountability, and oversight.

This Article considers whether, when, and how private federal contractors should be held accountable in a court of law. We argue that a contractor should be required …

Double Indemnity For Operators Of Nuclear Facilities? In Re Hanford Nuclear Reservation Litigation, The Price-Anderson Act, And The Government Contractor Defense, Chris Addicott

Washington Law Review

Thousands of people who lived downwind of the Hanford Nuclear Reservation have brought suit against the contractors who operated the facility, claiming that radiation releases caused property damage, illness, and death. For the defendants, there is little at stake. Because they fall under the Price-Anderson Act, the U.S. Government will indemnify them for their legal expenses and any judgments against them. Nevertheless, the defendants have invoked the "government contractor defense," claiming that they should be immune from suit because anything they may have done wrong was done at the direction of the government. This Comment argues that the government contractor …

Labor Law—Executive Legislation In The Federal Procurement System—A.F.L.-C.I.O. V. Kahn, 618 F.2d 784, Cert. Denied, 443 U.S. 915 (1979), Pam Mrkvicka

Washington Law Review

This note first explores prior uses of the section 205(a) powers to support executive orders. Second, it discusses flaws with analogizing from those orders to the wage and price control order, and highlights the missing element of congressional approval in this case. Lastly, it examines constitutional questions posed by the decision. This note concludes that the court was mistaken in finding a close nexus between the FPASA and President Carter's order. In its application of the close nexus test, the court abrogated the statutory standards limiting executive discretion under the FPASA. The court's interpretation of the Act delegates more power …

State Civil Service Law—Civil Service Restrictions On Contracting Out By State Agencies—Washington Federation Of State Employees V. Spokane Community College, 90 Wn. 2d 698, 585 P.2d 474 (1978), Timothy P. Dowling

Washington Law Review

This note will analyze the Spokane court's rationale for adopting the "nature of the services" test, which generally prohibits contracting for services which could be performed by civil service employees. The note argues that the Spokane rule is unsound for reasons of public policy, and contrary to the result reached in all but one jurisdiction which has addressed the issue. Finally, a rule will be proposed which would adequately protect the civil service system without unnecessarily hampering administrative flexibility and governmental economy in the areas where the 1979 Act is not applicable.

Government Contract Disputes—Findings Of Fact Not Binding When Breach Alleged, Anon

Washington Law Review

Plaintiff contracted with the Atomic Energy Commission (AEC) to construct a reactor testing station in Idaho. The contract gave the contracting officer and the head of the AEC (or his representative, the Board of Contract Appeals) authority to make findings of fact as to "disputes concerning questions of fact arising under this contract." Plaintiff submitted various claims in accordance with this disputes clause. Dissatisfied with the resulting administrative decisions, plaintiff brought an action in the Court of Claims for damages resulting from alleged breach of contract by defendant. The subjects of the alleged breach were the same as the claims …

Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins

Washington Law Review

In Washington, bidding procedures are controlled by a number of statutes. These have been set out in the appendix for the convenience of the reader. For the most part these statutes are unrelated in scope or content. The lack of uniformity in statutory pattern and the countless variations in administrative practice make any generalization dangerous. However, a brief statement of the general pattern is set out in the footnotes.