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A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey 2011 University of the District of Columbia School of Law

A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey

University of the District of Columbia Law Review

This note explores the premise that the Council contract review process applies to all non-exempt agency contracts which meet the $1 million or multiyear thresholds. The first section explores the history of procurement law in the District of Columbia. The second section discusses procurement reform efforts. The third section provides an overview of the parks and recreation contracts controversy. Finally, the fourth section analyzes the procurement authority of exempt and non-exempt District agencies with respect to the legislative powers granted to the Council of the District of Columbia.


Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson 2011 Air Force Institute of Technology

Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson

Theses and Dissertations

Relational contracting is a method designed to improve relationships between contracted parties. The federal construction sector was a leader in the development and implementation of an early form of relational contracting known as partnering. Since then, alliancing has emerged as the new evolution of relational contracts. While it provides many potential benefits to contracting parties, alliancing has not yet been utilized in federal construction procurement, which is subject to stringent regulations. A commercially available standard form alliancing contract was selected for analysis against the Federal Acquisition Regulation. Key practices that characterize the alliancing method were identified. Utilizing a panel of …


Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton 2011 Air Force Institute of Technology

Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton

Theses and Dissertations

Government contractors report earned value (EV) information to government agencies in monthly Contract Performance Reports (CPR). Though major differences may exist in the data between subsequent CPRs, we know of no government effort to detect these occurrences. The identification of major changes may locate and isolate problems and thus prevent million and billion dollar cost and schedule overruns. In this study, we develop an approach to identify changes in the Cost Performance Index (CPI) and the Schedule Performance Index (SPI) that may indicate problems with contract performance. We find the detection algorithm indentifies changes in the CPI and the SPI …


Foreign Competition In U.S. Defense Contracts: Why The U.S. Government Should Favor Domestic Companies In Awarding Major Defense Procurement And Acquisition Contracts, Lindsay I. McCarl 2011 Pacific McGeorge School of Law

Foreign Competition In U.S. Defense Contracts: Why The U.S. Government Should Favor Domestic Companies In Awarding Major Defense Procurement And Acquisition Contracts, Lindsay I. Mccarl

Global Business & Development Law Journal

No abstract provided.


A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn 2011 Northwestern University School of Law

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …


A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker 2011 The Catholic University of America, Columbus School of Law

A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker

Catholic University Law Review

No abstract provided.


The Military-Industrial Complex, Charles J. Dunlap Jr. 2011 Duke Law School

The Military-Industrial Complex, Charles J. Dunlap Jr.

Faculty Scholarship

In his 1961 farewell address, President Eisenhower cautioned against a future in which a powerful military-industrial complex manipulated policy to the detriment of American interests. Dunlap argues that, fifty years later, Eisenhower’s fears have not been realized; in fact, the military-industrial enterprise is in decline. Certainly, the U.S. military owes its continued preeminence to both the quality of its combatants and the superiority of its weaponry. Yet as the manpower-centric strategies in Afghanistan and Iraq replaced technology-centric operations; as complicated defense acquisitions laws deterred companies from obtaining contracts; and as the economic downturn and rising national deficit have strained budgets, …


A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions, Steven L. Schooner 2011 George Washington University Law School

A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions, Steven L. Schooner

GW Law Faculty Publications & Other Works

This Article discusses the Federal Circuit's 2010 government contracts cases. It begins with some perspective on, and empirical quantification of, the Federal Circuit’s level of specialization and evolving jurisprudence in the field of government contracts. It eventually turns to analysis of a hodge-podge of unrelated cases: three award controversies (or bid protests), a handful of post award performance disputes, a few selections from the ongoing behemoths of litigation in the U.S. Court of Federal Claims - Winstar and Spent Nuclear Fuel, and a potentially analogous implied warranty case. Overall, the article suggests that the Federal Circuit's 2010 government contracts cases …


The Draft Oci Rule - New Directions And The History Of Fear, Christopher R. Yukins 2011 George Washington University Law School

The Draft Oci Rule - New Directions And The History Of Fear, Christopher R. Yukins

GW Law Faculty Publications & Other Works

After years of rancor and debate, the Office of Federal Procurement Policy and the FAR Councils in April 2011 finally issued a proposed revision to the regulations governing organizational conflict of interests (OCIs) in federal procurement. The proposed rule marked an extraordinary change of direction - in some ways, it would reorder policy priorities built up over years of case law - but also may have reflected the drafters’ nagging ambivalence about the new direction. The proposed OCI rule marked a significant change in direction in part because policymakers’ core concerns - their core fears concerning conflicts of interest - …


Venture Capital Investment And Small Business Affiliation Rules: Why A Limited Exception Is Crucial To Economic Recovery Efforts, Jessica Tillipman, Damian Specht 2011 George Washington University Law School

Venture Capital Investment And Small Business Affiliation Rules: Why A Limited Exception Is Crucial To Economic Recovery Efforts, Jessica Tillipman, Damian Specht

GW Law Faculty Publications & Other Works

Small businesses and venture capital are a natural pair. While many small businesses are born of technical expertise and innovation, few are well financed. One of the reasons for this lack of financing is that small concerns are often viewed as risky investments. Small businesses are rarely led by experienced business people and, as many statistics demonstrate, are more likely than not to fail. Unlike their under financed counterparts, venture capital companies (“VCCs”) are well financed and what they lack in technical capability, they make up for in business acumen and financial wherewithal. Moreover, risky investments with large upsides are …


A Random Walk: The Federal Circuit's 2010 Government Contract Decisions, Steven L. Schooner 2011 American University Washington College of Law

A Random Walk: The Federal Circuit's 2010 Government Contract Decisions, Steven L. Schooner

American University Law Review

No abstract provided.


The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman 2011 George Washington University Law School

The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman

GW Law Faculty Publications & Other Works

As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor’s business, they are naturally at greater risk of violating the FCPA than those companies that do not interact with Government officials on a regular basis.

This article begins by providing an overview of the FCPA and a review of recent FCPA enforcement trends, and then considers the collateral consequences of a violation of the FCPA by Government contractors. In addition to fines, penalties, and …


Desiderata: Objectives For A System Of Government Contract Law, Steven L. Schooner 2011 George Washington University Law School

Desiderata: Objectives For A System Of Government Contract Law, Steven L. Schooner

GW Law Faculty Publications & Other Works

This brief paper - presented at a symposium presented for a developing nation engaged in drafting of a government procurement law - offers a diverse menu of aspirations frequently mentioned in the context of public purchasing. This paper introduces nine goals frequently identified for government procurement systems: (1) competition; (2) integrity; (3) transparency; (4) efficiency; (5) customer satisfaction; (6) best value; (7) wealth distribution; (8) risk avoidance; and (9) uniformity. The exercise of identifying aspirations is important, particularly because it is difficult for legislators or policymakers to articulate what they hope to achieve through a buying regime. While no system …


The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli 2011 Touro Law Center

The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli

Scholarly Works

This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …


Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations, David M. Barnes 2010 Vanderbilt University Law School

Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations, David M. Barnes

Vanderbilt Law Review

Corporate law considers the affairs of a corporation to be private activity. The prevailing concept of the firm is a nexus of private contract rights among participants in an economic enterprise. But for many U.S. auto and financial services corporations, the events of the fall of 2008 and the winter of 2009 turned this presumption on its head. The U.S. government's $700 billion bailout injected an alien actor-the United States Treasury-into this once-private enterprise. The bailout enabled the Treasury to take a direct equity stake in many of the nation's struggling auto and financial services corporations. In the fall of …


Best Practices In Government Acquisition: A Test Of The Government Accountability Office’S Knowledge-Based Acquisition Theory, Dana C. Wyman II 2010 Air Force Institute of Technology

Best Practices In Government Acquisition: A Test Of The Government Accountability Office’S Knowledge-Based Acquisition Theory, Dana C. Wyman Ii

Theses and Dissertations

The U.S. Government has looked for effective ways of reducing acquisition cost and schedule overruns for decades. The task of isolating the root cause of these overruns has been difficult. Consequently, it has been difficult for the Government to create effective policies that prevent overruns from recurring. In 1998, the Government Accountability Office (GAO) undertook this problem, and looked to successful DOD and commercial companies for solutions. They found that using mature technology, having complete product designs, and having production processes under control was critical to successfully developing new products. The GAO combined these concepts into a single acquisition practice …


Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda 2010 American University Washington College of Law

Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The Time Warner Cable Research Program on Digital Communications is pleased to have supported the five essays in this Federal Communications Law Journal symposium. We launched the research program with the goal of encouraging debate and discussion on ideas of importance to the future of our industry and its role in the communities we serve. We hope to do so by providing a new forum for scholars to engage with the community of stakeholders who make and influence policy. We want to encourage increased dialogue and generate new ideas that bring us closer to solving the challenges we face. …


Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne 2010 University of Maryland Francis King Carey School of Law

Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne

Journal of Business & Technology Law

No abstract provided.


The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn 2010 John Marshall Law School

The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh 2010 University of Maryland Francis King Carey School of Law

Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh

Journal of Business & Technology Law

No abstract provided.


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