Government Contracts Commons^™

Note, Graylisting Of Federal Contractors: Transco Security Inc. Of Ohio V. Freeman And Procedural Due Process Under Suspension Procedures, Lisa A. Everhart

Scholarly Articles

This Note will examine Transco Security and the impact of the Sixth Circuit's decision on government-wide debarment and suspension regulations proposed by the Office of Federal Procurement Policy. It will demonstrate that in upholding the constitutionality of GSA's suspension regulations, the court has implicitly approved the new OFPP regulations which reduce the judicially-mandated safeguards public contract bidders currently enjoy. The final sections of the Note will address recent congressional hearings on debarment and suspension and proposed legislation that would accord a presumption of validity to individual agency debarments and suspensions on a government-wide basis.

Labor Law—Executive Legislation In The Federal Procurement System—A.F.L.-C.I.O. V. Kahn, 618 F.2d 784, Cert. Denied, 443 U.S. 915 (1979), Pam Mrkvicka

Washington Law Review

This note first explores prior uses of the section 205(a) powers to support executive orders. Second, it discusses flaws with analogizing from those orders to the wage and price control order, and highlights the missing element of congressional approval in this case. Lastly, it examines constitutional questions posed by the decision. This note concludes that the court was mistaken in finding a close nexus between the FPASA and President Carter's order. In its application of the close nexus test, the court abrogated the statutory standards limiting executive discretion under the FPASA. The court's interpretation of the Act delegates more power …

Wage And Price Controls-Government Contracts- Executive Use Of The Federal Procurement Act To Disbar Private Firms From Government Contracts If Wage And Price Standards Are Not Followed-Afl-Cio V. Kahn, 618 F.2d 784 (D.C. Cir.), Cert. Denied, 443 U.S. 915 (1979)

BYU Law Review

No abstract provided.

State Civil Service Law—Civil Service Restrictions On Contracting Out By State Agencies—Washington Federation Of State Employees V. Spokane Community College, 90 Wn. 2d 698, 585 P.2d 474 (1978), Timothy P. Dowling

Washington Law Review

This note will analyze the Spokane court's rationale for adopting the "nature of the services" test, which generally prohibits contracting for services which could be performed by civil service employees. The note argues that the Spokane rule is unsound for reasons of public policy, and contrary to the result reached in all but one jurisdiction which has addressed the issue. Finally, a rule will be proposed which would adequately protect the civil service system without unnecessarily hampering administrative flexibility and governmental economy in the areas where the 1979 Act is not applicable.

Government Contracts-Illegal Contracts-Jurisdiction Of Court Of Claims To Grant A Quantum Meruit Recovery- Yosemite Park & Curry Co. V. United States, 582 F.2d 552 (Ct. C1. 1978).

BYU Law Review

No abstract provided.

State Plans Inventory, Maine State Planning Office

Maine Collection

State Plans Inventory

Maine State Planning Office, Comprehensive Planning Assistance Divsion

Augusta, Maine (December, 1978).

"The preparation of this report was financially aided by a 701 Comprehensive Planning Assistance grant fro the U.S. Department of Housing and Urban Development."

Contents: Letter of Transmittal / Introduction / State Plans Inventory / Indices of State Plans / Tables

The Peasants As A Revolutionary Class: An Early Latin American View, Harry E. Vanden

Government and International Affairs Faculty Publications

We do not regard Marx's theory as something completed and inviolable; on the contrary, we are convinced that it has only laid the foundation stone of the science which socialists must develop in all directions if they wish to keep pace with life.

Applying The Freedom Of Information Act In The Area Of Federal Grant Law: Exploring An Unknown Entity, Dave R. Kelleher

Cleveland State Law Review

In the recent District of Columbia Court of Appeals case of Forsham v. Califano, the definition of "agency records" was equated with the definition of "agency" under the Freedom of Information Act (FOIA). The purpose of this Comment is to examine the propriety and impact of such a definition of "agency records" in light of the people's right to know what their government is doing, using as a focal point the controversy that arose in Forsham v. Califano.

Administrative Law-Government Contracts-Public Utilities Supplying Services To Government Agencies Are Government Contractors Subject To Nondiscrimination Provisions Of Executive Order 11,246-United States V. New Orleans Public Service. Inc.

BYU Law Review

No abstract provided.

Case Note: Labor Law - Collective Bargaining - Job Security Is A Proper Subject Of Negotiations Between A Public Employer And Public Employee Organization Under The Taylor Law, Joan W. Keenan

Fordham Urban Law Journal

In this case note, Joan W. Keenan analyzes Board of Education v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 353 N.E.2d 569, 386 N.Y.S.2d 657 (1976). In 1975 the city of Yonkers was plagued by a severe financial emergency. As part of an effort to balance its budget, plaintiff Yonkers City Board of Education unilaterally terminated the services of a number of teachers. Defendant Yonkers Federation of Teachers demanded arbitration on this issue under the terms of a job security clause contained in the collective bargaining agreement between the Board and the Federation. Plaintiff then brought a proceeding for a …

Case Note: Transportation Law - Urban Mass Transportation Act - The Absence Of Statutory Provisions Relating To Standing And Judicial Review Does Not Preclude A Claimant From Seeking Relief In Federal Court, Terry L. Barnich

Fordham Urban Law Journal

This case note by Terry L. Barnich analyzes the Seventh Circuit's decision in Bradford School Bus Transit, Inc. v. Chicago Transit Authority, 537 F.2d 943 (7th Cir. 1976), cert denied, 97 S. Ct. 797 (1977). The plaintiff, a private bus company, sought a declaration that the Chicago Transit Authority violated section 1602(a) of the Urban Mass Transportation Act when it competed with the private bus line for a contract with the Chicago Board of Education. The United States District Court for the Northern District of Illinois declared that the plaintiff lacked standing under the Act and dismissed the complaint. The …

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

The Inflation Crunch And Relief For Government Contractors Under Public Law 85-804, Richard C. Johnson

Washington and Lee Law Review

No abstract provided.

Restraint Of Agency Proceedings Under The Freedom Of Information Act

Washington and Lee Law Review

No abstract provided.

Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare

University of Richmond Law Review

The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.

Application Of The Uniform Commercial Code To Federal Government Contracts: Doing Business On Business Terms

William & Mary Law Review

No abstract provided.

Some Comments On Labor Dispute Settlement Processes, Paul H. Saunders

Vanderbilt Law Review

"A Strikeless Society on America's Horizon?" The question mark at the end of this recent headline

"A Strikeless Society on America's Horizon?" The question mark at the end of this recent headline on a syndicated newspaper column suggests appropriate skepticism about the substance therein, even thouperiod be the fullness of time for the emergence of significant new developments in labor peacemakinggh the column reported that the first eleven months of 1973 had been "the most serene labor climate in a decade with man hours lost at a 10-year low."' Well before the year-end "energy crisis" and attendant economic dislocations, however, …

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review

Michigan Law Review

In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …

Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions

University of Richmond Law Review

Throughout the current century, federal, state and local governments have engaged the services of private construction companies in an increasing number of governmental construction projects. Many of these projects, such as the construction of roads, tunnels, dams, bridges, and buildings, require, at least to some degree, subsurface excavation. This comment deals with some of the legal problems facing contractors and governmental agencies in such excavation, and suggests possible solutions to these problems.

Government Contracts: The Consequences Of An Improper Award, Robert Bruce Ingram

William & Mary Law Review

No abstract provided.

Affirmative Action: A Robin Hood Hiring In Federally Aided Construction, Frederick W. Lambert

University of Michigan Journal of Law Reform

Executive Order 11246, promulgated in September 1965, requires that all federal financial aid applicants incorporate into construction contracts and sub-contracts the same guarantees of equal employment opportunity that are required of parties in a direct contractual relationship with the government. Each contractor must "take affirmative action to ensure that [job] applicants are employed… and treated during employment" in a nondiscriminatory manner and must guarantee that his subcontractors will also take such affirmative action. Responsibility for enforcement of the Order was delegated to the newly-established Office of Federal Contract Compliance (OFCC). The OFCC drafted guidelines 6 requiring contractors and major subcontractors …

Equal Employment In The Construction Industry, Harold F. Blasky

William & Mary Law Review

No abstract provided.

"Reasonable Compensation," Deductability For Income Tax Purposes: Three Case Studies, Frank W. Rogers Jr.

William & Mary Law Review

No abstract provided.

Government Contracts: Subcontractors And Privity, John W. Whelan, George H. Gnoss

William & Mary Law Review

No abstract provided.

Problems Of Private Claimants Under Miller Act Payment Bonds, Paul H. Gantt, Robert D. Wallick, James M. Proctor

William & Mary Law Review

No abstract provided.

Judicial Review Of Government Contracts Disputes - The Law-Fact Dichotomy, Gary E. Legner

William & Mary Law Review

No abstract provided.

Discovery Before The Contract Appeals, Gilbert A. Cuneo, Thomas H. Truitt

William & Mary Law Review

No abstract provided.

A Primer On The Standard Form Changes Clause, Eldon H. Crowell, W. Stanfield Johnson

William & Mary Law Review

No abstract provided.

Technical Data In Government Contracts, John B. Farmakides

William & Mary Law Review

No abstract provided.

Remedies Of Contractors With The Government, F. Trowbridge Vom Baur

William & Mary Law Review

No abstract provided.