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Articles 1 - 15 of 15
Full-Text Articles in Government Contracts
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
The Case For Aerospace And Defense Spending As Economic Stimulus, Mark J. Nackman
The Case For Aerospace And Defense Spending As Economic Stimulus, Mark J. Nackman
Georgetown Law Fiscal Law and Policy Reform Briefing Papers
No abstract provided.
Linking International Markets And Global Justice, Jeffrey L. Dunoff
Linking International Markets And Global Justice, Jeffrey L. Dunoff
Michigan Law Review
The U.S. government is the planet's largest purchaser of goods and services; worldwide, states spend trillions of dollars on procurement each year. Yet legal scholarship has devoted relatively limited attention to the conceptual and normative issues that arise when states enter the market. Should states as purchasers be permitted to "discriminate" to advance social objectives - say, racial justice - in ways that would be unlawful when they act as regulators? Is each country free to strike its own balance between the pursuit of economic and social objectives through procurement, or do international trade norms limit state discretion in the …
The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner
The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner
University of the District of Columbia Law Review
This comment focuses on the False Claims Act and its increasing potential to bring greater accountability to government programs designed to serve disadvantaged opulations. Citizen avengers play an increasing role in seeking retribution against grafters because existing safeguards built into government contracting and procurement often fail to ensure that taxpayer dollars are spent efficiently. The False Claims Act, the citizens' tool against fraud, is contrasted with the Inspectors General, the federal government's principle means of investigating, auditing, and prosecuting fraud in federal agencies and programs.
An Investigation Of Knowledge Transfer And Retention In A Government Procurement Office, Garland T. Mobley
An Investigation Of Knowledge Transfer And Retention In A Government Procurement Office, Garland T. Mobley
Theses and Dissertations
There is no measure for the loss of corporate memory. Organizations build a reservoir of knowledge in its employees, and this knowledge becomes a critical ingredient in an organization’s ability to carry out its mission. Knowledgeable people are extremely valuable and once they leave, their organizationally-applied knowledge leaves with them. This study introduces specific knowledge attributes that significantly impact effective tacit and explicit knowledge transfer and retention. Under this construct the proposed investigation explores a government program office to see if replacing experienced government employees with outsourced personnel impacts corporate knowledge retention. The study concludes that a loss of corporate …
An Analysis Of Construction Contractor Performance Evaluation System, Rebecca S. Brown
An Analysis Of Construction Contractor Performance Evaluation System, Rebecca S. Brown
Theses and Dissertations
A rigorous system for rating construction contractor performance does not exist for the USAF as identified by the Air Force Civil Engineer (USAF CE), Major General Del Eulberg (Eulberg, 2007). The United States Army Corp of Engineers (USACE) uses DD Form 2626 for contractor performance evaluation and contractor selection. The objective of this research is to strengthen the USAF contractor rating system by exploring USACE‘s use of DD Form 2626. Using data from DD Form 2626, statistical analysis was conducted to determine if the measured performance sub-items reflect their respective performance elements, whether the resulting performance elements relate to the …
Must Government Contractors "Submit" To Their Own Destruction?: Georgia's Trade Secret Disclosure Exemption And United Healthcare Of Georgia, Inc. V. Georgia Department Of Community Health, Ryan M. Ingram
Mercer Law Review
The notion that the records of government offices should be open and accessible to the public is rooted in the basic political structure of the State of Georgia. The Georgia Constitution provides that "[plublic officers are the trustees and servants of the people and are at all times amenable to them." Further, it is generally believed in this country that openness in government increases efficiency and responsiveness while decreasing incidents of corruption. Still, concerns about government decision-making and general privacy rights have led to the creation of various exclusions from disclosure under open records laws. In United HealthCare of Georgia, …
Feel-Good Formalism, Mitu Gulati, Anna Gelpern
Feel-Good Formalism, Mitu Gulati, Anna Gelpern
Faculty Scholarship
This essay highlights a phenomenon that has no place in the conventional theory of sophisticated business contracts: the term that makes no sense as an enforceable promise, one that defies functional explanation, one that drafters blush to rationalize in retrospect or chalk up to honest mistake. The subset of contract drafters who stop and think about the term before the contract is signed know that it has little enforcement or other instrumental value. Even if a court were to enforce such a term, its interpretation would be extremely hard to predict at signing. Nevertheless, such clauses get included in contracts …
Whiteness As Capital: Constructing Inclusion And Defending Privilege, Bernd Reiter
Whiteness As Capital: Constructing Inclusion And Defending Privilege, Bernd Reiter
Government and International Affairs Faculty Publications
No abstract provided.
Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman
Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman
UIC Law Review
No abstract provided.
2008 Government Contract Law Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Sheryl Floyd, William M. Jack, Heather Kilgore Weiner, Deanna M. Remmes
2008 Government Contract Law Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Sheryl Floyd, William M. Jack, Heather Kilgore Weiner, Deanna M. Remmes
American University Law Review
In 2008, the U.S. Court of Appeals for the Federal Circuit issued 242 precedential opinions. Of these, twenty-two were government contract cases. This article discusses all twenty-two precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and, where appropriate, the ramifications of these cases. The decisions are grouped into the following categories: jurisdiction, bid protests/preferences, contract formation, contract interpretation, contract performance/breach, assignment of claims, damages, attorneys’ fees, and attorney sanctions.
Tempering 'Buy American' In The Recovery Act - Steering Clear Of A Trade War, Steven L. Schooner, Christopher R. Yukins
Tempering 'Buy American' In The Recovery Act - Steering Clear Of A Trade War, Steven L. Schooner, Christopher R. Yukins
GW Law Faculty Publications & Other Works
The controversial 'Buy American requirements in Section 1605 of the American Recovery and Reinvestment Act of 2009 threaten to stir protectionism leading to an outright trade war. This could be catastrophic in the current economic crisis, particularly since the Obama administration does not appear to beleive that additional domestic preferences are needed for U.S. procurement. The pending challenge for federal regulators, therefore, will be to craft a rule that contains the Recovery Act's international impact, while implementing Congress' intent. The authors suggest that the optimal approach seems to be the most simple: to fold new procurement under the Recovery Act …
The European Defense Procurement Directive: An American Perspective, Christopher R. Yukins
The European Defense Procurement Directive: An American Perspective, Christopher R. Yukins
GW Law Faculty Publications & Other Works
On August 21, the new European directive on defense and security procurement, Directive 2009/81/EC, entered into force. See, e.g.,EU Adopts New Defense and Security Procurement Directive, 6 IGC ¶ 65. Previously, most European defense procurement was considered exempt from the European procurement directives that have harmonized procurement, with greater transparency and competition, across Europe. Under the new defense directive, all but the most sensitive defense and security procurements in Europe will have to be conducted under rules consistent with the new directive.
From an American vantage point, however, it is not yet clear how the new directive will be implemented. …
America Cinches Its Purse Strings On Government Contracts: Navigating Section 8(A) Of The Small Business Act Through A Recession Economy, Nicholas M. Jones
America Cinches Its Purse Strings On Government Contracts: Navigating Section 8(A) Of The Small Business Act Through A Recession Economy, Nicholas M. Jones
American Indian Law Review
No abstract provided.
Emerging Policy And Practice Issues (2008), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2008), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2008), attempts to identify the key trends and issues for 2009 in U.S. federal procurement. In large part, the paper focuses upon the challenges facing the incoming Obama administration, which faces a number of interrelated, critical, systemic challenges that pervade the acquisition landscape. Federal procurement spending has exploded in this decade. As a result - and, in addition to decisions made during the 1990's - the Government is heavily outsourced, dependent upon contractors to an extent - in degree and in type - that makes many uncomfortable. …