Government Contracts Commons^™

Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund

BYU Law Review

No abstract provided.

Negotiating Democracy In Brazil: The Politics Of Exclusion, Bernd Reiter

Government and International Affairs Faculty Publications

Do societal inequalities limit the effectiveness of democratic regimes? And if so, why? And how? Addressing this question, Bernd Reiter focuses on the role of societal dynamics in undermining democracy in Brazil. Reiter explores the ways in which race, class, and gender in Brazil structure a society that is deeply divided between the included and the excluded—and where much of the population falls into the latter category. Tracing the mechanisms of the profound cultural resistance to genuine democratization that he finds dominant among the elite, his theoretically and empirically rich analysis offers an alternative way of understanding both the nature …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

, Mary Ellen Coster Williams

American University Law Review

No abstract provided.

A Case Analysis Of Explaining The Main Factors That Contribute To Rok's Decision Making In Procurement Of Defense Articles, Se Young Kim

Theses and Dissertations

The purpose of this research was to explore the various factors that contribute to ROK’s decision making in procurement of foreign countries defense articles. South Korea is one of the largest weapon purchasers from the U.S. and needs a more self-reliant defense force that can maintain its security with its own authority under the current cease-fire situation. Thus, this study focused on identifying the main factors to consider in deciding whether to purchase a major defense weapon system from other countries. Through the interview of experts who participated in specific weapon programs, thirteen specific factors were evaluated including Interoperability, Offset …

Assessment Of The Current Cultural Awareness And Training For The Air Force Contingency Contracting Officer, Reza A. Grigorian

Theses and Dissertations

This study examined the current cultural awareness of contracting officers and the effectiveness of cross-cultural training provided to contracting officers through the Defense Acquisition University (DAU), and their monthly training at the base level. Current training in culture is fairly limited - only 2 days of the 9 day course in contingency contracting is dedicated to cultural training. Nevertheless, a comparison of means of 38 students before and after the DAU CON 234 course showed a statistically significant increase in Cultural Intelligence (CQ) on the cognitive and behavioral dimensions, but not on the motivational dimension. In addition, more experienced contracting …

Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup

Theses and Dissertations

Over the past fifteen years, the Department of Defense has experienced an increasing trend in the outsourcing and privatization of military operations. Key factors contributing to the growth include declines in military budgets, reductions in active duty end-strength, increases in operational deployments, advancements in weapon system technology, and evolutions in the nature of warfare. However, the continued escalation of incorporating Private Military Companies (PMCs) on the battlefield creates unique challenges. The purpose of this exploratory and descriptive research is to identify utilization rates, describe the types of roles being fulfilled, and synthesize the challenges of augmenting military manpower with civilian …

Balancing Government Risks With Contractor Incentives In Performance-Based Logistics Contracts, Christopher P. Gardner

Theses and Dissertations

The use of Performance-Based Logistics (PBL) as a sustainment strategy for weapon systems has been mandated by the Department of Defense (DoD) and largely embraced by acquisition and contracting professionals in both government and private industry. Despite its apparent success, there is an inherent conflict that DoD implementers of PBL often face: the PBL goal of developing long-term partnerships that encourage investment from commercial partners is best achieved through lengthy, guaranteed contracts—but such contracts increase the DoD’s risk in an environment that is intended to transfer more risk to the contractor. This research examines issues associated with the type and …

An Analysis Of The Design-Build Delivery Method In Air Force Military Construction, James W. Rosner

Theses and Dissertations

The design-build method for construction project delivery continues to grow in both the private and public sector. Several government agencies have observed, through experience with design-build, positive results which give “anecdotal” credibility to design-build methods. The objective of this study is to compare the performance of the design-build delivery method with traditional design-bid-build approaches for Air Force (AF) military construction (MILCON). Data related to 835 (278 design-build, 557 traditional) MILCON projects were gathered from the Automated Civil Engineer System – Project Management Module (ACES-PM) for Fiscal Years 1996-2006. The design-build method had better performance for six of eight metrics with …

Raising The Hue And Crying: Do False Claims Act Qui Tam Relators Act Under Color Of Federal Law?, Isaac B. Rosenberg

W&M Law Student Publications

No abstract provided.

Why Contractor Fatalities Matter, Steven L. Schooner

GW Law Faculty Publications & Other Works

At the end of July 2008, the media reported that 4,600 service members have died in Operations Iraqi Freedom and Enduring Freedom. But reporting only military fatalities understates the human cost of America's engagements in these regions by nearly a fourth. On the modern, outsourced battlefield, the U.S. government increasingly has delegated to the private sector the responsibility to stand in harm's way and, if required, die for America. As of 30 June 2008, more than 1,350 civilian contractor personnel had died in Iraq and Afghanistan, while another 29,000 contractors have been injured; more than 8,300 seriously. Nonetheless, contractor fatalities …

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.

The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.

Emerging Policy And Practice Issues (2007), Steven L. Schooner, Danielle M. Conway

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2007), attempts to identify the key trends and issues for 2008 in U.S. federal procurement. We bemoan the absence of attention to significant issues by the current Presidential candidates, critique the leadership vacuum that sustains the longstanding and increasingly critical acquisition workforce shortage, and discuss the potentially active legislative agenda in light of the now-Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). We also discuss the dramatic post-2000 trend in increased federal procurement …

Foreign Corrupt Practices Act Fundamentals, Jessica Tillipman

GW Law Faculty Publications & Other Works

Foreign Corrupt Practices Act (FCPA) enforcement activity is currently at its highest level since enactment of the statute in 1977. There were more enforcement actions brought in 2007 than in the years from 2004 to 2006 combined. The message is clear - the U.S. Government is committed to FCPA compliance and there is no evidence enforcement activity will slow any time soon. This article provides a general overview of the FCPA, including a primer on the legislation’s core components: the antibribery prohibitions and the books and records provisions. The article also provides practical guidance with respect to the more challenging …

Public Procurement Systems: Unpacking Stakeholder Aspirations And Expectations, Steven L. Schooner, Daniel I. Gordon, Jessica L. Clark

GW Law Faculty Publications & Other Works

Around the world, governments are increasingly becoming focused on improving their public procurement regimes. Significant developments include the establishment of internationally shared norms for public procurement systems, while, at the national level, a number of countries have adopted dramatically new public procurement regimes, and others are experimenting with new procurement vehicles, such as framework agreements and electronic reverse auctions, and new procurement schemes, including public-private partnerships. As each of these changes is contemplated, planned, implemented, and then assessed, government leaders and policy makers need a framework of analysis for decision making - a framework based on public procurement goals and …

Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn

GW Law Faculty Publications & Other Works

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government's current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government's acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage "an ounce of …

Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott

George H Baker

No critical infrastructure is self-sufficient. The complexity inherent in the interdependent nature of infrastructure systems complicates planning and preparedness for system failures. Recent wide-scale disruption of infrastructure on the Gulf Coast due to weather, and in the Northeast due to electric power network failures, dramatically illustrate the problems associated with mitigating cascading effects and responding to cascading infrastructure failures once they have occurred.

The major challenge associated with preparedness for cascading failures is that they transcend system, corporate, and political boundaries and necessitate coordination among multiple, disparate experts and authorities. This symposium brought together concerned communities including government and industry …