Government Contracts Commons^™

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black

Brooklyn Law Review

Though international investment treaties may supplant domestic contract law in cross-border government contracts, their limited use in Southeast Asia informs the continued importance of clear remedies for a government breach of contract under domestic law. As investment from China’s Belt and Road Initiative continues to flow into the region, private parties require clear rules and remedies when a government breaches a contract. This note argues that the lack of clear and codified public contract law in Southeast Asia presents a substantial risk to private contractors and that the extreme variance in public contract law is detrimental to both parties involved. …

Toward A More Strategic National Stockpile, Troy Rule

Texas A&M Law Review

The COVID–19 pandemic exposed major deficiencies in the United States’ approach to stockpiling for emergencies. States, cities, and hospitals across the country had meager inventories of critical medical items on hand when the pandemic first reached U.S. soil, and the federal government’s Strategic National Stockpile proved far too small to serve the country’s needs in the first several months of the crisis. As nationwide shortages spread, many state governments were compelled to bid against each other to procure scarce medical supplies—a distribution approach that disadvantaged low-income and minority communities and left countless healthcare professionals and staff ill-equipped to protect themselves …

Exploring Performance In Air Force Science And Technology Programs, Eric A. Plack, Jonathan D. Ritschel, Edward D. White, Clay M. Koschnick

Faculty Publications

Science and technology (S&T) programs serve an important function in the defense acquisition process as the initial phase leading to discovery and development of warfighting technology. The results of these programs impact the larger major defense acquisition programs, which integrate the technologies in subsequent phases of the life cycle. Despite this important role, little prior research has examined the performance of S&T programs. In this study, the authors investigate the impact of technological maturation as a critical success factor in Air Force S&T programs. The results suggest that S&T programs with mature technologies are more likely to experience above average …

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …

Better To Analyze A Statute Than To Psychoanalyze Congress? Eleventh Circuit Widens Circuit Split Over Proper Causation Standard In False Claims Act Retaliation Cases, Douglas E. Comin

Mercer Law Review

“You’re fired!” Employees across America hear these words every day. Usually, the federal government has no interest in whether or why an employee is fired. But when companies that do business with the federal government improperly fire employees for reporting fraud, the interests of the federal government and the general public are directly implicated. The implications are clear: employees suffer the tribulations of wrongful termination, the government feels the strain on its resources, and American taxpayers ultimately foot the bill.

Healthcare providers and defense contractors are some of the federal government’s largest business partners. Because the federal government is a …

Arbitration With Government, Jack I. Garvey

Pepperdine Dispute Resolution Law Journal

Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective …

Automated Analysis Of Rfps Using Natural Language Processing (Nlp) For The Technology Domain, Sterling Beason, William Hinton, Yousri A. Salamah, Jordan Salsman

SMU Data Science Review

Much progress has been made in text analysis, specifically within the statistical domain of Term Frequency (TF) and Inverse Document Frequency (IDF). However, there is much room for improvement especially within the area of discovering Emerging Trends. Emerging Trend Detection Systems (ETDS) depend on ingesting a collection of textual data and TF/IDF to identify new or up-trending topics within the Corpus. However, the tremendous rate of change and the amount of digital information presents a challenge that makes it almost impossible for a human expert to spot emerging trends without relying on an automated ETD system. Since the U.S. Government …

Free Willy: A Breach To Rejuvenate The Southern Resident Killer Whale, Luke Mcdonough

Seattle Journal of Technology, Environmental, & Innovation Law

State and federal government entities have made great strides in environmental protection since the inception of the Environmental Protection Agency and the enactment of major environmental regulations. However, species worldwide continue to face threats of extinction due to human activity and climate change without prompt, major intervention. In Washington state, the iconic Southern Resident Killer Whale has seen a dramatic decrease in population since the 1960s. Protections directed for their benefit have not provided the expected return as the main challenges Southern Residents face remain largely unresolved. To restore the Southern Residents’ population for future generations, their entire ecosystem must …

Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson

Journal of Food Law & Policy

Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …

Iowa Land And Landowners: Fear Or Opportunity, Neil D. Hamilton

Journal of Food Law & Policy

Our relation to the land changed as modern agriculture changed. Today many issues involving the land seem to focus on fear and conflict, revealing a fragility of agriculture surprising for how it confounds the expected image of strength and stability. In many ways, our fragile relation to the land contrasts to the optimism of the relation in the past, in the years of settlement and expansion. Part of the change reflects the adverse impacts of modern agriculture catching up with us, and part stems from a society more willing to focus on issues of equity, inclusion, and inequality. The good …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard

St. Mary's Law Journal

Abstract forthcoming.

Economic Moat: A Line Of Defense For The Defense Industry, Karina M. Fernando

Theses and Dissertations

Defense contractor financial performance is traditionally measured using accounting profit. In academic literature, accounting profit has been proxied through different applications of accounting rates of return. However, the use of these rates pose certain limitations. First, accounting rates of return have been applied inconsistently. Next, academic research has not typically assessed accounting returns against a firms opportunity costs. As a result, there is a literature gap in defense research that assesses whether defense contractors earn sustainable returns beyond the cost to produce those returns.

An Empirical Analysis Of Dod Construction Task Order Performance, Adam B. Teston, Tyler S. Stout

Theses and Dissertations

Cost and schedule overrun plague over 50 of all construction projects, engendering diminished available funding that leads to deferred maintenance and impaired award ability for needed projects. Though existing research attempts to identify overruns sources, the results are inconclusive and frequently differ. Accordingly, this research reviews DoD construction contract data from the past ten years to identify the contract attributes of 79,894 projects that correlate with superior performance for use in future project execution. This research starts with creating a database that houses the largest single source of construction contract information. The research then evaluates the data to determine if …

How Parliaments Work During A Pandemic, I. R. Bekov

International Relations: Politics, Economics, Law

This article analyzes the activities and working methods of world parliaments during the coronavirus pandemic, as well as materials collected by the Inter-Parliamentary Union. The activities of the chambers of the Oliy Majlis of the Republic of Uzbekistan during a pandemic with specific examples are disclosed. The article concludes relevant proposals for amending legislation to improve the activities of the chambers and structures of the Oliy Majlis during a pandemic.

Sanctions Imposition Guarantees Of Public Works Contracts In The Saudi Law: A Comparative And Analytical Study In Light Of Juridical Laws And Rulings, Dr. Ayman Mohamed Ramies

UAEU Law Journal

This study is aimed to consider the guarantees of imposing sanctions on public works contracts according to the Saudi laws. The study sought to furnish a solid ground for these guarantees and analyze the relevant statutory provisions included therein. It aimed to consider the possible solutions for administrative problems including administrative institutions’ ignorance, and sometimes purposeful overlooking of the importance of such guarantees, resulting in their accountability and consequently erosion of their budgets.

The study is based on the analytical comparative approach that compares the statutory and judicial decrees. It was divided into three parts that dealt with the three …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Year In Review: The Federal Circuit's 2020 Government Contract Law Decisions, The Honorable Jeri Kaylene Somers, Jedidiah Blake Ii, Matthew Gurr, Benjamin Phillips Iii

American University Law Review

This Article discusses a number of important 2020 government contracts decisions from the U.S. Court of Appeals for the Federal Circuit. As in previous years, appeals involving government contracting issues comprised only a small portion of the Federal Circuit’s docket, the majority of which is consistently intellectual property disputes. Although only comprising a small portion of the docket, the government contracts appeals that the Federal Circuit considered in 2020 covered a wide range of topics. This year-in-review first addresses Federal Circuit decisions across three major issues in government contracts appeals—cost and pricing, contract interpretation, and bid protests—before examining other significant …

For Richer Or Poorer: Incentivizing Meaningful Investments In Qualified Opportunity Zones, Monica L. Keo

Seattle University Law Review

The wealth disparity in the United States is nothing new. Many have proposed wealth taxes and higher tax rates for large corporations to address income inequality; however, these proposals have been criticized as tax programs that are difficult to administer. Congress passed the Tax Cut and Jobs Act (TCJA) in 2017 and created a new investment vehicle known as the Qualified Opportunity Zone (QOZ). The QOZ program incentivizes private investors to invest their capital gains in exchange for a reduction in capital gains tax. The underlying idea of the QOZ program is to utilize a new tool designed to spur …

Use Of Factors In Development Estimates: Improving The Cost Analysis Toolkit, Matthew R. Markman, Jonathan D. Ritschel, Edward D. White

Faculty Publications

Factor Estimating is a technique commonly used by defense acquisition analysts to develop cost estimations. However, previous studies developing factors for the Engineering and Manufacturing Development (EMD) phase of the life cycle are limited. This research expands the current toolkit for cost analysts by developing cost factors in previously unexplored areas. More specifically, over 400 cost reports are utilized to create new standard cost factors that are delineated by five categories: commodity type, contract type, contractor type, development type, and Service. The factors are developed for those elements that are common in a wide array of projects such as program …