Government Contracts Commons^™

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …

Double Indemnity For Operators Of Nuclear Facilities? In Re Hanford Nuclear Reservation Litigation, The Price-Anderson Act, And The Government Contractor Defense, Chris Addicott

Washington Law Review

Thousands of people who lived downwind of the Hanford Nuclear Reservation have brought suit against the contractors who operated the facility, claiming that radiation releases caused property damage, illness, and death. For the defendants, there is little at stake. Because they fall under the Price-Anderson Act, the U.S. Government will indemnify them for their legal expenses and any judgments against them. Nevertheless, the defendants have invoked the "government contractor defense," claiming that they should be immune from suit because anything they may have done wrong was done at the direction of the government. This Comment argues that the government contractor …

Blowing The Whistle Louder, Richard C. Reuben

Faculty Publications

Amid the continuing national debate over deficit reduction, a case before the U.S. Supreme Court has multibillion-dollar ramifications in fraud recoveries for the federal government. At issue in Hughes Aircraft Co. v. United States ex rel. Schumer, No. 95-1340, is the reach of the U.S. False Claims Act, 31 U.S.C. § 3729, et seq., which permits private parties to bring whistleblower lawsuits - also called "qui tam" actions - against companies that allegedly are defrauding the government. But they can only bring such actions if the information they present about alleged fraud has not already been "publicly disclosed." The lower …

Real Estate Issues For Government Lawyers, Oregon Law Institute, Alan K. Brickley, Ian K. Whitlock, Paul Nolte, John M. Junkin, Jillian R. Bruce, Stephanie Smythe, Pete Kasting

Oregon Law Institute, 1997

Course Materials from the January 30, 1997 Program in Portland

Contra, Crack And The Company, Harry E. Vanden

Government and International Affairs Faculty Publications

No abstract provided.

Some Empirical Evidence On The Non-Normality Of Cost Variances On Defense Contracts, Robert J. Conley Iv

Theses and Dissertations

This study tested the hypothesis that defense cost variances reported on the Cost Performance Report are normally distributed. The DOD requires that all defense cost variances which breech a pre-specified threshold be investigated. The present variance investigation model has been criticized because it can prompt frivolous investigations. In theory, statistical models could reduce the number of frivolous investigations, but they are not used because they require too much information about the cost variance, including its distributional form. Often such models assume a normal distribution, but researchers have shown that the models do not work properly if the assumption is fallacious. …

Identifying Cost Patterns Of Managing Technology Transfer Actions, James C. Boyd Iii

Theses and Dissertations

Significant national resources are dedicated to research and development (R&D) at government laboratories. In an era of increasing deficits and resulting budget reductions, transfer of technology from these laboratories to the private sector is important in order to improve the return on this R&D investment, as well as to improve the US industrial technological base, thus enhancing our nation's economic security. However, no accurate measures to evaluate the efficiency of the technology transfer (TT) process exist. Likewise, accurate cost information, affording insight into the cost pattern and allowing more effective resource management, does not exist. This research draws on the …

Predicting Fraudulent Behavior: An Examination Of Characteristics Commonly Exhibited By Fraudulent Dod Contractors, Dwayne P. Sellers

Theses and Dissertations

This study examines the relationship between company size, slack, return on investment, and the frequency of fraudulent behavior. A model is proposed in which an increase in company size and a decrease in company slack and return on investment would increase the frequency of fraudulent behavior. A test of the model showed strong support between a relationship between company size and incidents of fraudulent behavior. Additionally, the results suggest that levels of slack may contribute to the frequency of fraud. Further tests provide no support for the relationship between the decrease in return on investment and the increase in the …

An Analysis Of Total Acquisition Lead Time For Small Purchase Actions In An Operational Contracting Environment, Lee. R. Kair

Theses and Dissertations

This research was performed for the purpose of determining the factors which affect Total Acquisition Lead Time (TALT) for small purchase actions procured in an Operational Contracting Environment. The literature review develops a theoretical model using factors such as socio-economic program, regulatory requirements, alternate means of procurement, buyable purchase requests, customer access to information, funding issues, management information systems, purchase of off-the-shelf items, and accelerated or reduced coordinations. A variety of statistical techniques, including a qualitative regression, Bonferroni Technique, descriptive statistics, and parsing of TALT are used to determine the significance and impact of these factors on TALT. The results …

Commercialization And The Small Business Innovation Research Program (Sbir): An Examination Of The Impacts Of Commercialization On The Small Businesses' Ability To Provide Research And Development Innovation To The Department Of Defense, Jennifer J. Thorpe

Theses and Dissertations

This research explored the small business's perceived ability to provide goods and services to the Department of Defense through the Small Business Innovation Research (SBIR) program. The research was sparked by the enactment of Public Law 102-564, which increased the emphasis in commercialization as a basis for contract award and required a business plan to demonstrate commercial potential and third-party funding commitments. Five SBIR participants in the acquisition of Air Force research and developments innovation, were investigated through case-study methodology. The research concluded that although the defense industries recognized the cumbersome nature of government procurement, they are eager to provide …

A Study Of The Impact Of Acquisition Reforms On Pre-Award Solicitations, Jason J. Bock

Theses and Dissertations

The purpose of this study was to develop insights into the impact acquisition reforms have had on pre-award solicitations. The changing nature of the marketplace and the reduction in the size of the defense budget has brought about a series of sweeping acquisition changes that include the Federal Acquisition Streamlining Act (FASA) and Lighting Bolt initiatives. A qualitative analysis of six cases and interviews of people actively involved in the solicitation process revealed acquisition reform benefits: increased performance, cost savings, and reduced acquisition time. These benefits were achieved through the use of performance-based contracting and adaptation of several commercial business …

Does A Rubber Baseline Guarantee Overruns?' A Study Of Cost Performance And Contract Changes In Major Defense Acquisition Programs, James A. Gordon

Theses and Dissertations

This thesis explores the assumption that cost overruns are related to contract changes. A common assertion in defense literature says that contracts which are relatively stable suffer smaller overruns than those which are highly volatile. The stability or volatility of contracts is characterized by their change history. A contract which is modified frequently or by large amounts is more unstable, or volatile, than one which is not changed either as often or by lesser amounts. This study attempts to find evidence supporting this common assertion by examining the relationship between cost growth and baseline stability on over 400 Major Defense …

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

Washington State Constitutional Limitations On Gifting Of Funds To Private Enterprise: A Need For Reform, David D. Martin

Seattle University Law Review

This Comment argues that the donative intent analysis shields government proprietary transactions from proper review by seeking only prima facie evidence of consideration.This Comment is divided into four parts. First, it traces the historical emergence of the current standard of constitutional analysis under Article VIII, sections 5 and 7. Second, the Comment discusses the court's constitutional analysis and its relation to the historical intent of the framers, and proposes a new standard of review. Third, the proposed and current standards are applied to two instances of modern public financial assistance to private enterprise: legislative financing of a thoroughbred racetrack, and …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Bribery Among The Korean Elite: Putting An End To A Cultural Ritual And Restoring Honor, Daniel Y. Jun

Vanderbilt Journal of Transnational Law

On August 26, 1996, the criminal bribery convictions of two former South Korean Presidents sent shockwaves throughout the nation of South Korea. The court found former Presidents Chun Doo Hwan and Rof Tae Woo guilty of amassing hundreds of millions of dollars in bribes during their respective presidential terms. The court also found corporate executives of major Korean conglomerates guilty of bribing the former Presidents in exchange for government contracts or political favors. Such events invite a look into South Korea's difficult past, revealing a history of remarkable industrial progress tarnished by pervasive government corruption. This Note first explores South …

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

Reforming Public Land Management With New Incentives, Randal O'Toole

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

9 pages.

Contains references.

Charging Public Land Users For Recreational Uses, Chip Dennerlein

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Schedule Management Competencies For Department Of Defense Program Managers, Jeffrey F. Brown

Theses and Dissertations

With ongoing public scrutiny of defense system acquisitions, due to numerous program failures resulting from cost and schedule overruns, now, more than ever, cost and schedule-management competencies are critical to program success. This research examined the schedule-management competencies required of defense program managers. A schedule-management competency model was developed from a foundation of past research. The model was evaluated through a mail survey of 484 intermediate and senior level military program managers assigned to Air Force Materiel Command. The results provided by 243 respondents indicate that 25 of the 28 competencies in the model were valuable to program managers and …

A Comparative Study Of Linear And Nonlinear Estimate At Completion Methods, Todd D. Nystrom

Theses and Dissertations

Controlling costs in the acquisition of new defense systems is a major challenge in today's environment of declining budgets and rapidly changing technology. One of the challenges faced by program managers and cost analysts is selecting the most appropriate Estimate at Completion (EAC) method for their program. This study compares the performance of the popular index-based EAC methods with several newer nonlinear, regression based EAC methods to determine whether the complex nonlinear methods perform better than the simpler index-based methods. In addition, the sensitivity of the results to stage of contract completion, system type, program phase, contract type, Department of …

An Examination Of Agreement Type, Firm Size And Other Factors Affecting The Commercialization Of Air Force Technology, Robert S. Widmann

Theses and Dissertations

The objective of this thesis is to determine if a significant difference in the innovative strength of businesses exists when factors such as firm size, agreement type and other firm attributes are considered. Sample data for this study was collected by a telephone survey from firms selected from the Air Force population of CRDAs and SBIRs for Fiscal Years 1991-1993. The design of this survey, based on one used by Dr. Robert Berger to study SBIR outcomes, determines the degree of commercialization of the firm's product resulting from its agreement with the Air Force. This determination is then employed as …

An Investigation Of Problems In Analyzing Prices Of State-Of-The-Art Commercial Items, Vicki A. Fry

Theses and Dissertations

This research explored whether techniques described in the Armed Services Pricing Manual are sufficient for evaluating prices of leading-edge and modified commercial items. The research was sparked by the Federal Acquisition Streamlining Act Of 1994, which encourages contracting officers to rely on information other than certified cost or pricing data when buying commercial products. Pricing techniques used in five recent acquisitions were investigated through a case-study methodology. The research concludes that current guidance is sufficiently broad to enable the contracting officer to tailor the tools to an acquisition at hand. Research findings, however, indicate that the Department of Defense should …

Survey Of Government Contract Cases Decided By The United States Court Of Appeals For The Federal Circuit In 1994, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court: Area Summaries , David R. Johnson, Diana G. Richard, David A. Levine, James C. Dougherty

American University Law Review

No abstract provided.

The Dormant Commerce Clause And State-Mandated Preference Laws In Public Contracting: Developing A More Substantive Application Of The Market-Participant Exception, Benjamin C. Bair

Michigan Law Review

This Note argues that the current focus on the relationship between states and their local governments as the key determinant of the constitutional validity of state-mandated preference laws is flawed. Instead, a court considering the validity of a state-mandated preference law should uphold such a law only if it distributes the benefits of state expenditures to state residents and does not excessively burden interstate commerce.