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Full-Text Articles in Law

The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben Sep 1999

The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben

Theses and Dissertations

The purpose of this research was to determine whether the Air Force contract protest frequency rises or falls with reforms in the acquisition process, number of AF Contract Actions, number of AF Contract Dollars, AF-GAO Sustain Rate, and/or General Economic Conditions (represented by the U.S. unemployment rate). Specific management questions address the effectiveness of acquisition reform initiatives, a comparison to other external factors, and the identification of AF-GAO Protest trends between 1984 and 1998. The research problem was explored with a thorough literature review and formulation of a multiple regression model. The research identified the need to evaluate the impact …


Professional Contracting Certification: An Examination And Model Development, Robert D. Lorton, Daniel I. Dunn Sep 1999

Professional Contracting Certification: An Examination And Model Development, Robert D. Lorton, Daniel I. Dunn

Theses and Dissertations

This study compared the elements of existing contracting certification programs to an ideal contracting certification model developed by experts. The expert panel responded to an open-ended electronic interview to convey their ideas regarding the individual elements for the model. Input received from the initial interviews was used to develop a survey for the panel members. The surveys were completed and results were recorded and conveyed back to the panel members. This process was repeated until a majority was reached on each individual element of the model, resulting in the ideal certification model. The final model contained elements of both the …


Implementation Of Earned Value Management Into The Software Acquisition Process, Louis D. Bryan Sep 1999

Implementation Of Earned Value Management Into The Software Acquisition Process, Louis D. Bryan

Theses and Dissertations

The objective of this study was to determine the usefulness of Earned Value Management as a program management tool for the Department of Defense acquisition community. In making this determination, the study sought to uncover information about Earned Value Management from the contractor's perspective as well as the government administrator's perspective. It also sought to determine the usefulness of Earned Value Management during the different phases of the software acquisition process. The study utilized a structured questionnaire to acquire the data necessary for analysis. This data was analyzed to compare perceptions of the government and contractor communities in regard to …


Nevada Procurment Laws For Computer Related Items For Public Agencies, Rick Hunsaker Mar 1999

Nevada Procurment Laws For Computer Related Items For Public Agencies, Rick Hunsaker

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Nevada procurement laws for public agencies generally require open, competitive bidding for any item that exceeds $10,000. Public agencies are also required to accept the lowest "responsive" and "responsible" bid. A "responsive bid is one which has addressed all the requirements of the bid documents. All forms must be properly completed and signed. A "responsible" bid is one in which the bidder proves the ability to perform the contract and has the resources to fulfill all the requirements of the contract. If a bidder fails to comply with all of the requirements in the contract documents, then the agency …


Boyle V. United Technologies Corp. And The Government Contractor Defense: An Analysis Based On The Current Circuit Split Regarding The Scope Of The Defense, Sean Watts Feb 1999

Boyle V. United Technologies Corp. And The Government Contractor Defense: An Analysis Based On The Current Circuit Split Regarding The Scope Of The Defense, Sean Watts

William & Mary Law Review

No abstract provided.


Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson Jan 1999

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …


What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz Jan 1999

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.


The Ftca Discretionary Function Exception And Accounting Malpractice, Steven L. Schooner Jan 1999

The Ftca Discretionary Function Exception And Accounting Malpractice, Steven L. Schooner

GW Law Faculty Publications & Other Works

These two short pieces discuss General Dynamics Corp. v. United States, in which the Ninth Circuit reversed what appeared to be the first successful use of the Federal Torts Claims Act (FTCA) by a government contractor to pursue a professional malpractice claim against a federal agency, awarding more than $25 million in damages due to professional malpractice committed by the Defense Contract Audit Agency (DCAA). The latter piece: (1) briefly summarizes the history of the case, explaining how a routine contractual compliance audit lead to a $25 million malpractice award; (2) introduces the discretionary function exception to the FTCA; (3) …


A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner Jan 1999

A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner

GW Law Faculty Publications & Other Works

Neither Congress, the procuring agencies, the media, nor the public will condone government contractors reaping what are perceived as excessive profits. Accordingly, the procurement process employs an unduly complex, burdensome, risk-laden, and ineffective mechanism that erects significant barriers to civil/military integration. This paper (presented at the 1999 Defense Systems Management College (DSMC) Acquisition Research Symposium) examines certain policy implications associated with the Truth In Negotiations Act (TINA), the existing audit regime, and the use of criminal and civil anti-fraud measures to scrutinize deviations from these complex cost, pricing, and profit policies and controls. It re-visits the long-extinct Renegotiation Act and …


What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner Jan 1999

What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner

GW Law Faculty Publications & Other Works

This essay, included in a 1999 special issue examining the Contract Disputes Act (CDA) of 1978 at its twentieth anniversary, begins from the premise that the statute's critics have valid reason to perceive that the CDA fails to provide a "fair and balanced system of administrative and judicial procedures for the settlement of claims and disputes." The essay suggests a framework for a meaningful debate over what an improved and invigorated CDA should look like but, in the end, raises more questions than it answers. Its purpose is heuristic; to frame a debate (which many feel is long overdue) as …


Disappointed Bidder Standing To Challenge A Government Contract Award: A Proposal For Change In Kentucky Procurement Law, David S. Sullivan Jan 1999

Disappointed Bidder Standing To Challenge A Government Contract Award: A Proposal For Change In Kentucky Procurement Law, David S. Sullivan

Kentucky Law Journal

No abstract provided.