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Articles 691 - 720 of 1099

Full-Text Articles in Government Contracts

Linking International Markets And Global Justice, Jeffrey L. Dunoff Apr 2009

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 …

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The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner Mar 2009

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.

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An Investigation Of Knowledge Transfer And Retention In A Government Procurement Office, Garland T. Mobley Mar 2009

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 …

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An Analysis Of Construction Contractor Performance Evaluation System, Rebecca S. Brown Mar 2009

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 …

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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 Mar 2009

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, …

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Feel-Good Formalism, Mitu Gulati, Anna Gelpern Jan 2009

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 …

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Whiteness As Capital: Constructing Inclusion And Defending Privilege, Bernd Reiter Jan 2009

Whiteness As Capital: Constructing Inclusion And Defending Privilege, Bernd Reiter

Government and International Affairs Faculty Publications

No abstract provided.

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Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman Jan 2009

Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman

UIC Law Review

No abstract provided.

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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 Jan 2009

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.

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Tempering 'Buy American' In The Recovery Act - Steering Clear Of A Trade War, Steven L. Schooner, Christopher R. Yukins Jan 2009

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 …

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The European Defense Procurement Directive: An American Perspective, Christopher R. Yukins Jan 2009

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. …

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America Cinches Its Purse Strings On Government Contracts: Navigating Section 8(A) Of The Small Business Act Through A Recession Economy, Nicholas M. Jones Jan 2009

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.

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Emerging Policy And Practice Issues (2008), Steven L. Schooner, David J. Berteau Jan 2009

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. …

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Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund Nov 2008

Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund

BYU Law Review

No abstract provided.

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Negotiating Democracy In Brazil: The Politics Of Exclusion, Bernd Reiter Oct 2008

Negotiating Democracy In Brazil: The Politics Of Exclusion, Bernd Reiter

Government and International Affairs Faculty Publications

Do societal inequalities limit the effectiveness of democratic regimes? And if so, why? And how? Addressing this question, Bernd Reiter focuses on the role of societal dynamics in undermining democracy in Brazil. Reiter explores the ways in which race, class, and gender in Brazil structure a society that is deeply divided between the included and the excluded—and where much of the population falls into the latter category. Tracing the mechanisms of the profound cultural resistance to genuine democratization that he finds dominant among the elite, his theoretically and empirically rich analysis offers an alternative way of understanding both the nature …

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, Mary Ellen Coster Williams Jun 2008

, Mary Ellen Coster Williams

American University Law Review

No abstract provided.

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A Case Analysis Of Explaining The Main Factors That Contribute To Rok's Decision Making In Procurement Of Defense Articles, Se Young Kim Jun 2008

A Case Analysis Of Explaining The Main Factors That Contribute To Rok's Decision Making In Procurement Of Defense Articles, Se Young Kim

Theses and Dissertations

The purpose of this research was to explore the various factors that contribute to ROK’s decision making in procurement of foreign countries defense articles. South Korea is one of the largest weapon purchasers from the U.S. and needs a more self-reliant defense force that can maintain its security with its own authority under the current cease-fire situation. Thus, this study focused on identifying the main factors to consider in deciding whether to purchase a major defense weapon system from other countries. Through the interview of experts who participated in specific weapon programs, thirteen specific factors were evaluated including Interoperability, Offset …

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Assessment Of The Current Cultural Awareness And Training For The Air Force Contingency Contracting Officer, Reza A. Grigorian Mar 2008

Assessment Of The Current Cultural Awareness And Training For The Air Force Contingency Contracting Officer, Reza A. Grigorian

Theses and Dissertations

This study examined the current cultural awareness of contracting officers and the effectiveness of cross-cultural training provided to contracting officers through the Defense Acquisition University (DAU), and their monthly training at the base level. Current training in culture is fairly limited - only 2 days of the 9 day course in contingency contracting is dedicated to cultural training. Nevertheless, a comparison of means of 38 students before and after the DAU CON 234 course showed a statistically significant increase in Cultural Intelligence (CQ) on the cognitive and behavioral dimensions, but not on the motivational dimension. In addition, more experienced contracting …

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Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup Mar 2008

Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup

Theses and Dissertations

Over the past fifteen years, the Department of Defense has experienced an increasing trend in the outsourcing and privatization of military operations. Key factors contributing to the growth include declines in military budgets, reductions in active duty end-strength, increases in operational deployments, advancements in weapon system technology, and evolutions in the nature of warfare. However, the continued escalation of incorporating Private Military Companies (PMCs) on the battlefield creates unique challenges. The purpose of this exploratory and descriptive research is to identify utilization rates, describe the types of roles being fulfilled, and synthesize the challenges of augmenting military manpower with civilian …

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Balancing Government Risks With Contractor Incentives In Performance-Based Logistics Contracts, Christopher P. Gardner Mar 2008

Balancing Government Risks With Contractor Incentives In Performance-Based Logistics Contracts, Christopher P. Gardner

Theses and Dissertations

The use of Performance-Based Logistics (PBL) as a sustainment strategy for weapon systems has been mandated by the Department of Defense (DoD) and largely embraced by acquisition and contracting professionals in both government and private industry. Despite its apparent success, there is an inherent conflict that DoD implementers of PBL often face: the PBL goal of developing long-term partnerships that encourage investment from commercial partners is best achieved through lengthy, guaranteed contracts—but such contracts increase the DoD’s risk in an environment that is intended to transfer more risk to the contractor. This research examines issues associated with the type and …

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An Analysis Of The Design-Build Delivery Method In Air Force Military Construction, James W. Rosner Mar 2008

An Analysis Of The Design-Build Delivery Method In Air Force Military Construction, James W. Rosner

Theses and Dissertations

The design-build method for construction project delivery continues to grow in both the private and public sector. Several government agencies have observed, through experience with design-build, positive results which give “anecdotal” credibility to design-build methods. The objective of this study is to compare the performance of the design-build delivery method with traditional design-bid-build approaches for Air Force (AF) military construction (MILCON). Data related to 835 (278 design-build, 557 traditional) MILCON projects were gathered from the Automated Civil Engineer System – Project Management Module (ACES-PM) for Fiscal Years 1996-2006. The design-build method had better performance for six of eight metrics with …

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The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez Jan 2008

The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.

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The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo Jan 2008

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.

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Foreign Corrupt Practices Act Fundamentals, Jessica Tillipman Jan 2008

Foreign Corrupt Practices Act Fundamentals, Jessica Tillipman

GW Law Faculty Publications & Other Works

Foreign Corrupt Practices Act (FCPA) enforcement activity is currently at its highest level since enactment of the statute in 1977. There were more enforcement actions brought in 2007 than in the years from 2004 to 2006 combined. The message is clear - the U.S. Government is committed to FCPA compliance and there is no evidence enforcement activity will slow any time soon. This article provides a general overview of the FCPA, including a primer on the legislation’s core components: the antibribery prohibitions and the books and records provisions. The article also provides practical guidance with respect to the more challenging …

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Why Contractor Fatalities Matter, Steven L. Schooner Jan 2008

Why Contractor Fatalities Matter, Steven L. Schooner

GW Law Faculty Publications & Other Works

At the end of July 2008, the media reported that 4,600 service members have died in Operations Iraqi Freedom and Enduring Freedom. But reporting only military fatalities understates the human cost of America's engagements in these regions by nearly a fourth. On the modern, outsourced battlefield, the U.S. government increasingly has delegated to the private sector the responsibility to stand in harm's way and, if required, die for America. As of 30 June 2008, more than 1,350 civilian contractor personnel had died in Iraq and Afghanistan, while another 29,000 contractors have been injured; more than 8,300 seriously. Nonetheless, contractor fatalities …

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Public Procurement Systems: Unpacking Stakeholder Aspirations And Expectations, Steven L. Schooner, Daniel I. Gordon, Jessica L. Clark Jan 2008

Public Procurement Systems: Unpacking Stakeholder Aspirations And Expectations, Steven L. Schooner, Daniel I. Gordon, Jessica L. Clark

GW Law Faculty Publications & Other Works

Around the world, governments are increasingly becoming focused on improving their public procurement regimes. Significant developments include the establishment of internationally shared norms for public procurement systems, while, at the national level, a number of countries have adopted dramatically new public procurement regimes, and others are experimenting with new procurement vehicles, such as framework agreements and electronic reverse auctions, and new procurement schemes, including public-private partnerships. As each of these changes is contemplated, planned, implemented, and then assessed, government leaders and policy makers need a framework of analysis for decision making - a framework based on public procurement goals and …

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Raising The Hue And Crying: Do False Claims Act Qui Tam Relators Act Under Color Of Federal Law?, Isaac B. Rosenberg Jan 2008

Raising The Hue And Crying: Do False Claims Act Qui Tam Relators Act Under Color Of Federal Law?, Isaac B. Rosenberg

W&M Law Student Publications

No abstract provided.

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Emerging Policy And Practice Issues (2007), Steven L. Schooner, Danielle M. Conway Jan 2008

Emerging Policy And Practice Issues (2007), Steven L. Schooner, Danielle M. Conway

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2007), attempts to identify the key trends and issues for 2008 in U.S. federal procurement. We bemoan the absence of attention to significant issues by the current Presidential candidates, critique the leadership vacuum that sustains the longstanding and increasingly critical acquisition workforce shortage, and discuss the potentially active legislative agenda in light of the now-Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). We also discuss the dramatic post-2000 trend in increased federal procurement …

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Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn Jan 2008

Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn

GW Law Faculty Publications & Other Works

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government's current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government's acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage "an ounce of …

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Characterization Patterns Of Milcon Project Contract Modifications, Tyler K. Nielsen Dec 2007

Characterization Patterns Of Milcon Project Contract Modifications, Tyler K. Nielsen

Theses and Dissertations

Change orders are used by project managers of construction projects to account for unexpected changes in construction projects after the contract has been finalized. This can include everything from weather events to last minute changes requested by the user. This effort analyzed data from the U.S. Air Force Military Construction (MILCON) program to find the major causes of change orders in the hopes that the associated costs may be minimized and that the insight gained may improve project management efforts. The data was analyzed using means comparison testing through the nonparametric Kruskal-Wallis test; the results were then ranked using the …

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