Government Contracts Commons^™

How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson

Chicago-Kent Law Review

No abstract provided.

Estimating An Acquisition Program’S Likelihood Of Staying Within Cost And Schedule Bounds, Ryan Trudelle, Edward D. White, Clay M. Koschnick, Jonathan D. Ritschel, Brandon M. Lucas

Faculty Publications

Program managers use prior experience to spot potential programmatic areas of concern. Augmenting this experience, the authors present an empirical procedure to estimate the likelihood of a program not exceeding two schedule and cost thresholds: (a) 15 percent of the initial total acquisition cost estimate from Milestone (MS) B to Initial Operating Capability (IOC); and (b) 15 percent of the estimated length (in months) between MS B and IOC—the second bound being 25 percent of the cost and schedule estimate. Using logistic regression and odds ratios, the authors analyze 49 Department of Defense programs and generally find that electronic system …

Modeling Median Will-Cost Estimates For Defense Acquisition Programs, Ryan Trudelle, Edward D. White, Clay Koschnick, Brandon Lucas

Faculty Publications

Purpose: The introduction of “should cost” in 2011 required all Major Defense Acquisition Programs (MDAP) to create efficiencies and improvements to reduce a program’s “will-cost” estimate. Realistic “will-cost” estimates are a necessary condition for the “should cost” analysis to be effectively implemented. Owing to the inherent difficulties in establishing a program’s will-cost estimate, this paper aims to propose a new model to infuse realism into this estimate.

Design/methodology/approach: Using historical data from 73 Departments of Defense programs as recorded in the selected acquisition reports (SARs), the analysis uses mixed stepwise regression to predict a program’s cost from Milestone B (MS …

Analyzing Cost Growth At Program Stages For Dod Aircraft, Scott J. Kozlak, Edward D. White, Jonathan D. Ritschel, Brandon Lucas, Michael J. Seibel

Faculty Publications

This research examines Cost Growth Factors (CGF) at various program stages for 30 Department of Defense aircraft programs. From Milestone (MS) B, the authors determine CGFs at the Critical Design Review (CDR), First Flight (FF), Development Test and Evaluation End, Initial Operational Capability (IOC), and Full Operational Capability. They find development CGFs are significantly larger than procurement CGFs. Additionally, cost growth primarily occurs early in the program. At CDR, which occurs on average at the 12 percent completion point of a program, aircraft programs had already experienced on average 15 percent of their total program cost growth. The first spike …

Encroachment, Loss Of Five Yards: Government Attorneys And The No- Contact Rule's Place In Civil False Claims Act Investigations, Erica L. Burchell

Mercer Law Review

A telephone rings, interrupting the otherwise quiet hum of a Tuesday afternoon's work in a government attorney's office. A pair of eyes dart quickly from a blinking cursor on the computer screen to the receiver of the multiline telephone. A hand reaches forward from the keyboard to grasp the telephone receiver, and, as the receiver is raised up to the attorney's ear, with the single uttering of "good afternoon," an ethical dilemma arises. The voice on the other end of the line has information–information to share–and now the attorney must decide whether continuing the conversation would comply with the applicable …

Subcontracting And The Survival Of Plants In The Road Construction Industry: A Panel Quantile Regression Analysis, Dakshina G. De Silva, Georgia Kosmopoulou, Carlos Lamarche

Economics Faculty Publications

This paper investigates how subcontracting parts of contracted work shapes entrants’ success and survival. We find that newly developed quantile regression approaches can be adapted to study survival of firms competing for government contracts in road construction. The method is applied on a data set that includes patterns of firm entry, exit and auction related information. We find an apparent increase in the business life of firms who subcontract out part of their projects. In Texas, these subcontracting effects appear to be more pronounced for firms with few or no options outside the industry, and among firms who contract out …

Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson

Nevada Supreme Court Summaries

The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic coverage of …

Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell

Nevada Law Journal Forum

In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this …

Supervising Outsourcing: The Need For Better Design Of Blended Governance, Nina A. Mendelson

Book Chapters

We are long past the “vending machine”-style privatization of government functions – where the government contracts to buy a discrete product or service at a set price, whether aircraft components or landscaping. Government is increasingly enlisting, or collaborating with, private entities for functions long perceived as distinctly public. Private entities may make policy explicitly (through standards that agencies later adopt) or implicitly (through the third party verification of compliance with regulatory objectives). For example, the Department of Health and Human Services relies on the recommendations of an American Medical Association committee of specialist physicians to establish Medicare physician payments, while …

The Role Of Government Contracts In Furthering National Economic And Socioeconomic Policies, Thomas W. Reilly

The Catholic Lawyer

No abstract provided.

Adaptive Acquisition: An Evolving Framework For Tailoring Engineering And Procurement Of Defense Systems, Christopher Gunderson

AFIT Documents

The Defense Acquisition System, as documented in DoDI 5000.02, mandates that programs should not follow process models by rote. Rather, stakeholders should tailor program activities and documentation according to specific requirements, priorities, risks, and boundary conditions. Adaptive acquisition provides an evolving set of broadly applicable adaptive engineering and adaptive procurement tools and processes intended to help tailor acquisition programs.

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.

Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau

Marquette Intellectual Property Law Review

In early 2006, the Wisconsin Legislature passed 2005 Wisconsin Act 335, creating the Wisconsin Aerospace Authority (WAA). Unique to this particular act is the enumeration of the power to acquire intellectual property by the WAA. While granting them the power to acquire intellectual property is not unique, there is an interesting problem with that acquisition: the Act does not conform to the Parker Doctrine, and thus allows the WAA to be subject to antitrust litigation in its intellectual property acquisition under the proper circumstances. Specifically, the Act allows the WAA to enter into exclusive contracts that allow the WAA to …

Contractors’ State License Board, Mayra Castro, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline

Mitchell Hamline Law Review

No abstract provided.

The Rise Of The Drones: Framework And Governance— Why Risk It!, Sarah J. Fox Dr

Journal of Air Law and Commerce

Some seventy-one years ago, it was found that drones could play a role within our society. While the military was quick to realize this and develop the technology, it is only recently that the civilian application is being explored en masse. That said, given this prediction and the military direction, legislators find themselves now unprepared for the civilian use and market potential. However, this is not an unprecedented situation; the civil aviation (manned) market has often shown an inability to work together, be prepared, and cooperate. As a consequence, there has been fragmentation and, arguably, casualties associated with such lethargy. …

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review (1956 - )

No abstract provided.

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Seattle University Law Review

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …

Wartime Construction Project Outcomes As A Function Of Contract Type, Ryan M. Hoff, Gregory D. Hammond, Peter P. Feng, Edward D. White

Faculty Publications

The United States has spent more than $23 billion on construction in Afghanistan since 2001. The dynamic security situation created substantial project uncertainty, and many construction projects used cost-plus-fixed-fee contracts (CPFF) instead of the firm-fixed-price (FFP) norm. Using a dataset of 25 wartime construction projects managed by the Air Force Civil Engineer Center, the authors sought to confirm that both contract types yield project outcomes consistent with the established literature. As expected, they found CPFF contracts had greater cost and schedule growth than FFP. However, they did not find differences regarding as-built quality. Additionally, the authors sought to determine whether …

The Theory Of Municipal Custom And Practice, Karen Blum

Touro Law Review

No abstract provided.