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Articles 841 - 870 of 1099

Full-Text Articles in Government Contracts

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell Jan 2000

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell

GW Law Faculty Publications & Other Works

In a previous paper we emphasised the changing national and international accounting standards used to measure net pension liability. Beginning with the implications of this analysis for the financing of German employer-sponsored pensions, in this paper we focus upon the internal management of corporate pension assets and liabilities. Two issues drive the analysis. One has to do with the emerging coalescence of interests joining corporate management and shareholders in relation to the management of pension assets and liabilities. The second issue has to do with the allocation of risk and uncertainty between social partners when negotiating the financing and final …

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Professional Contracting Certification: An Examination And Model Development, Robert D. Lorton, Daniel I. Dunn Sep 1999

Professional Contracting Certification: An Examination And Model Development, Robert D. Lorton, Daniel I. Dunn

Theses and Dissertations

This study compared the elements of existing contracting certification programs to an ideal contracting certification model developed by experts. The expert panel responded to an open-ended electronic interview to convey their ideas regarding the individual elements for the model. Input received from the initial interviews was used to develop a survey for the panel members. The surveys were completed and results were recorded and conveyed back to the panel members. This process was repeated until a majority was reached on each individual element of the model, resulting in the ideal certification model. The final model contained elements of both the …

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Implementation Of Earned Value Management Into The Software Acquisition Process, Louis D. Bryan Sep 1999

Implementation Of Earned Value Management Into The Software Acquisition Process, Louis D. Bryan

Theses and Dissertations

The objective of this study was to determine the usefulness of Earned Value Management as a program management tool for the Department of Defense acquisition community. In making this determination, the study sought to uncover information about Earned Value Management from the contractor's perspective as well as the government administrator's perspective. It also sought to determine the usefulness of Earned Value Management during the different phases of the software acquisition process. The study utilized a structured questionnaire to acquire the data necessary for analysis. This data was analyzed to compare perceptions of the government and contractor communities in regard to …

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The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben Sep 1999

The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben

Theses and Dissertations

The purpose of this research was to determine whether the Air Force contract protest frequency rises or falls with reforms in the acquisition process, number of AF Contract Actions, number of AF Contract Dollars, AF-GAO Sustain Rate, and/or General Economic Conditions (represented by the U.S. unemployment rate). Specific management questions address the effectiveness of acquisition reform initiatives, a comparison to other external factors, and the identification of AF-GAO Protest trends between 1984 and 1998. The research problem was explored with a thorough literature review and formulation of a multiple regression model. The research identified the need to evaluate the impact …

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The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns On Defense Acquisition Contracts, David S. Christensen, David A. Searle, Caisse Vickery Jul 1999

The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns On Defense Acquisition Contracts, David S. Christensen, David A. Searle, Caisse Vickery

Faculty Publications

Using data from selected acquisition reports, Drezner et al. (1993) show that reform initiatives from 1960 to 1990 did not reduce cost growth on 197 defense programs. The average cost growth on these programs was 20 percent and did not change significantly for 30 years. Using data from the Defense Acquisition Executive Summary data base, we show a similar result. Initiatives based on the recommendations of the Packard Commission did not reduce the average cost overrun percent experienced on 269 completed defense acquisition contracts evaluated over an 8-year period (1988 through 1995). In fact, the cost performance experienced on development …

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Nevada Procurment Laws For Computer Related Items For Public Agencies, Rick Hunsaker Mar 1999

Nevada Procurment Laws For Computer Related Items For Public Agencies, Rick Hunsaker

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Nevada procurement laws for public agencies generally require open, competitive bidding for any item that exceeds $10,000. Public agencies are also required to accept the lowest "responsive" and "responsible" bid. A "responsive bid is one which has addressed all the requirements of the bid documents. All forms must be properly completed and signed. A "responsible" bid is one in which the bidder proves the ability to perform the contract and has the resources to fulfill all the requirements of the contract. If a bidder fails to comply with all of the requirements in the contract documents, then the agency …

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Boyle V. United Technologies Corp. And The Government Contractor Defense: An Analysis Based On The Current Circuit Split Regarding The Scope Of The Defense, Sean Watts Feb 1999

Boyle V. United Technologies Corp. And The Government Contractor Defense: An Analysis Based On The Current Circuit Split Regarding The Scope Of The Defense, Sean Watts

William & Mary Law Review

No abstract provided.

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What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz Jan 1999

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.

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Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson Jan 1999

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …

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The Ftca Discretionary Function Exception And Accounting Malpractice, Steven L. Schooner Jan 1999

The Ftca Discretionary Function Exception And Accounting Malpractice, Steven L. Schooner

GW Law Faculty Publications & Other Works

These two short pieces discuss General Dynamics Corp. v. United States, in which the Ninth Circuit reversed what appeared to be the first successful use of the Federal Torts Claims Act (FTCA) by a government contractor to pursue a professional malpractice claim against a federal agency, awarding more than $25 million in damages due to professional malpractice committed by the Defense Contract Audit Agency (DCAA). The latter piece: (1) briefly summarizes the history of the case, explaining how a routine contractual compliance audit lead to a $25 million malpractice award; (2) introduces the discretionary function exception to the FTCA; (3) …

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What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner Jan 1999

What Next? A Heuristic Approach To Revitalizing The Contract Disputes Act Of 1978, Steven L. Schooner

GW Law Faculty Publications & Other Works

This essay, included in a 1999 special issue examining the Contract Disputes Act (CDA) of 1978 at its twentieth anniversary, begins from the premise that the statute's critics have valid reason to perceive that the CDA fails to provide a "fair and balanced system of administrative and judicial procedures for the settlement of claims and disputes." The essay suggests a framework for a meaningful debate over what an improved and invigorated CDA should look like but, in the end, raises more questions than it answers. Its purpose is heuristic; to frame a debate (which many feel is long overdue) as …

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Disappointed Bidder Standing To Challenge A Government Contract Award: A Proposal For Change In Kentucky Procurement Law, David S. Sullivan Jan 1999

Disappointed Bidder Standing To Challenge A Government Contract Award: A Proposal For Change In Kentucky Procurement Law, David S. Sullivan

Kentucky Law Journal

No abstract provided.

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A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner Jan 1999

A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner

GW Law Faculty Publications & Other Works

Neither Congress, the procuring agencies, the media, nor the public will condone government contractors reaping what are perceived as excessive profits. Accordingly, the procurement process employs an unduly complex, burdensome, risk-laden, and ineffective mechanism that erects significant barriers to civil/military integration. This paper (presented at the 1999 Defense Systems Management College (DSMC) Acquisition Research Symposium) examines certain policy implications associated with the Truth In Negotiations Act (TINA), the existing audit regime, and the use of criminal and civil anti-fraud measures to scrutinize deviations from these complex cost, pricing, and profit policies and controls. It re-visits the long-extinct Renegotiation Act and …

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An Exploratory Study Of The Use Of Parametric Estimating In Department Of Defense Contracting, Patricia Blakely, Rudolph Haynesworth Sep 1998

An Exploratory Study Of The Use Of Parametric Estimating In Department Of Defense Contracting, Patricia Blakely, Rudolph Haynesworth

Theses and Dissertations

An initiative to expand the use of parametric estimating in government contracting has enjoyed only marginal success. Some reasons for the slower pace of implementation are the lack of availability of historical data, training, acquisition rules, utility, and accuracy concerns. Those associated with the Parametric Cost Estimating Initiative (PCEI) have a higher perception of parametric utility and accuracy than those not associated with the initiative. The PCEI advocates using parametric techniques in any situation, not just the concept/development phases advocated by most literature. Parametric estimating is a catch all term for several different types of statistically based methodologies, ranging from …

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Past Performance As An Evaluation Factor In Public Contract Source Selection , William W. Goodrich_Jr. Aug 1998

Past Performance As An Evaluation Factor In Public Contract Source Selection , William W. Goodrich_Jr.

American University Law Review

No abstract provided.

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Survey Of Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1997 In Review , Lionel M. Lavenue Aug 1998

Survey Of Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1997 In Review , Lionel M. Lavenue

American University Law Review

No abstract provided.

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Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis Dec 1997

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

American University Law Review

No abstract provided.

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Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown Oct 1997

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

Faculty Scholarship

No abstract provided.

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Unfunded Mandates And Fiscal Federalism: A Critique, Robert W. Adler Oct 1997

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 …

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A Comparison Of Contracts Involving The Privatization Of Newark Afb And The Naval Air Warfare Center-Indianapolis, James P. Valley Sep 1997

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 …

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The Effects Of The New Commercial Marketplace Emphasis On United States Air Force Contract Negotiators, Bryan J. Hudgens Sep 1997

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 …

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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 Sep 1997

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 …

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The Impact Of The Federal Acquisition Streamlining Act Of 1994 On Post-Award Protest Frequency, Eric C. Duncan Sep 1997

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 …

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The Impact Of The Packard Commission's Recommendations On Reducing Cost Overruns In Major Defense Acquisition Programs, David A. Searle Sep 1997

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. …

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Career Development Of Air Force Officers In Contracting: An Examination Of Perception And Understanding, Martin P. Hamlin Sep 1997

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.

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An Examination Of The Past Performance Procedures Used In Air Force Materiel Command Source Selections, Jonathan L. Wright Sep 1997

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 …

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A Qualitative Analysis Of The Elements Required For The Successful Implementation Of The 'Rolling Down-Select Strategy', Brent A. Kelly Sep 1997

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.

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Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1996 In Review , C.Stanley Dees, David A. Churchill Aug 1997

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.

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The River Association Approach To Privatization Of Federal Hydro Projects, Michael K. Block Jun 1997

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.

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Western Water Development: Visions Of The Future, Bennett W. Raley Jun 1997

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.

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