Government Contracts Commons^™

Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis

American University Law Review

No abstract provided.

Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Unfunded Mandates And Fiscal Federalism: A Critique, Robert W. Adler

Vanderbilt Law Review

The term "unfunded federal mandates" is used to challenge federal obligations imposed on states and localities without accompanying funding. Unfunded mandates were alluded to by both the majority and dissenting opinions in Printz v. United States, in which provisions of the Brady Handgun Violence Protection Act were invalidated by the U.S. Supreme Court on Tenth Amendment grounds. In this Article, Professor Adler critiques the fiscal, legal, and policy arguments against unfunded federal mandates. This analysis, in turn, raises two broader issues. First, is the concept of unfunded mandates independently useful to the nation's ongoing debate about federal- ism? Second, does …

A Comparison Of Contracts Involving The Privatization Of Newark Afb And The Naval Air Warfare Center-Indianapolis, James P. Valley

Theses and Dissertations

This thesis studies the contract types and incentives involved in the privatization of Newark AFB and the Naval Air Warfare Center-Indianapolis. Newark AFB was slated to close by the Base Realignment and Closure Commission (BRAC) in 1993. The Air Force decided to utilize an Indefinite Delivery Indefinite Quantity (IDIQ) contract, and utilize an award fee to incentivize the contractor. In 1995, the BRAC commission decided to close the Naval Air Warfare Center-Indianapolis. The Navy also decided to utilize an IDIQ contract and has mostly utilized the Fixed Price Level of Effort contract to obtain its requirements. Through interviews and a …

The Effects Of The New Commercial Marketplace Emphasis On United States Air Force Contract Negotiators, Bryan J. Hudgens

Theses and Dissertations

Acquisition Reform is changing the way the government contracts for needed goods and services. The commercial marketplace is becoming a significant source not only of goods and services, but also of ideas as to how the government can improve its contracting and acquisition functions. This research investigates the impact of this change of focus (to the commercial marketplace) on the GS-1102 series government contract negotiator. This thesis examines whether two theories-boundary spanning and supply management-can help understand the changing the role of the government contract negotiator. This research effort also reviews a list of commercial practices recommended by experts as …

An Examination Of The Effects Of The Federal Acquisition Streamlining Act Of 1994 On The Post-Award Debriefing Process And Bid Protest Frequency, David R. Thomas

Theses and Dissertations

One of the major tenets of acquisition reform is that government agencies should be as open and forthcoming as possible in dealing with potential contractors. Increased communication is seen as one of the keys to improve the acquisition process. A widely held belief in government acquisition circles is that many protests have been filed simply because unsuccessful offerors have not been fully informed of the facts surrounding the contract award decision. Acquisition reform legislation has attempted to address this problem by mandating more timely and complete post-award debriefings that provide substantive information concerning the basis for the award. The theory …

The Impact Of The Federal Acquisition Streamlining Act Of 1994 On Post-Award Protest Frequency, Eric C. Duncan

Theses and Dissertations

The protest process is a means of ensuring that the Government conducts procurements in accordance with statutory and regulatory procedures. Additionally, protests serve a vital role in assuring full and open competition in the federal acquisition process. Protests can be costly in many aspects, including the direct costs of taking the action as well as more indirect costs such as program delays and damaged business relationships. The Government recognizes the negative impact protests have on the procurement process and has enacted several laws and regulations in an effort to reduce protest frequency and streamline procurement procedures. While it appears that …

The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns In Major Defense Acquisition Programs, David A. Searle

Theses and Dissertations

This thesis examines the impact that recommendations made by the President's Blue Ribbon Commission on Defense Management, informally known as the Packard Commission, had on reducing cost overruns in major DoD acquisition programs. Cost overruns are a recurring problem in the DoD, and the study of possible effects resulting from the implementation of acquisition reform efforts such as the Packard Commission study could alter this trend. In this era of acquisition reform and downsizing it's important that policy makers understand the effects past and current policies have had and are having on reducing the ever present problem of cost overruns. …

Career Development Of Air Force Officers In Contracting: An Examination Of Perception And Understanding, Martin P. Hamlin

Theses and Dissertations

This research considered five factors deemed necessary for supporting career development, including experience, professionalism, expectations, mentoring, and training. The author studied the perceptions of captains in the contracting career field as a means of better understanding the unique career development challenges faced by contracting officers. This study concluded that captains in contracting do not perceive one best career path, nor one best set of professional and technical skills. Career expectations remain high and mentoring activity low, despite recent institutional emphasis directed at both. The value of current required formal training, as rated by contracting officers, seems to be high.

An Examination Of The Past Performance Procedures Used In Air Force Materiel Command Source Selections, Jonathan L. Wright

Theses and Dissertations

The Air Force Materiel Command's mission is to acquire and maintain Air Force weapon systems. The primary contracting method of acquiring weapon systems uses source selections. A source selection is a means of evaluating proposals in terms of credibility, performance, and cost. Among the different criteria used in this selection, recent emphasis has been placed on the use of past performance. Formal guidelines for collecting and storing past performance information have already been established for acquisitions over $5 million. However, recent policy has directed the use of past performance for all acquisitions over $100,000. Presently, the $100,000 to $5 million …

A Qualitative Analysis Of The Elements Required For The Successful Implementation Of The 'Rolling Down-Select Strategy', Brent A. Kelly

Theses and Dissertations

This research explored the elements required for the successful implementation of the 'rolling down-select strategy' Inspired by Lightning Bolt 10, this study investigated five acquisitions which have or are in the process of implementing the 'rolling down-select strategy' The results suggest several elements which appear to contribute to the successful use of the 'rolling down- select strategy' These findings can be used by acquisition planners to aid in determining whether or not the 'rolling down-select strategy' is a viable strategy for their particular acquisition.

Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1996 In Review , C.Stanley Dees, David A. Churchill

American University Law Review

No abstract provided.

The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block

Dams: Water and Power in the New West (Summer Conference, June 2-4)

15 pages.

Western Water Development: Visions Of The Future, Bennett W. Raley

Dams: Water and Power in the New West (Summer Conference, June 2-4)

14 pages.

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …

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 …

Blowing The Whistle Louder, Richard C. Reuben

Faculty Publications

Amid the continuing national debate over deficit reduction, a case before the U.S. Supreme Court has multibillion-dollar ramifications in fraud recoveries for the federal government. At issue in Hughes Aircraft Co. v. United States ex rel. Schumer, No. 95-1340, is the reach of the U.S. False Claims Act, 31 U.S.C. § 3729, et seq., which permits private parties to bring whistleblower lawsuits - also called "qui tam" actions - against companies that allegedly are defrauding the government. But they can only bring such actions if the information they present about alleged fraud has not already been "publicly disclosed." The lower …

Real Estate Issues For Government Lawyers, Oregon Law Institute, Alan K. Brickley, Ian K. Whitlock, Paul Nolte, John M. Junkin, Jillian R. Bruce, Stephanie Smythe, Pete Kasting

Oregon Law Institute, 1997

Course Materials from the January 30, 1997 Program in Portland