Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil,
2011
Benjamin N. Cardozo School of Law
Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability,
2011
American University Washington College of Law
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
How About A Singapore-Jakarta Consensus?,
2011
Singapore Management University
How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Shiow Tsai Lan
Research Collection Yong Pung How School Of Law
Expectations ran high as leaders met last weekend in Jakarta for the 18th Association of South-east Asian Nations (ASEAN) summit. However, the 10-member regional organisation has left two key issues unresolved - including the ongoing conflict surrounding the 900-year-old Preah Vihear temple at the Thai-Cambodian border that has claimed 18 lives and Timor-Leste's formal request for admission into its fold this year.
A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts,
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,
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,
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,
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,
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 …
Venture Capital Investment And Small Business Affiliation Rules: Why A Limited Exception Is Crucial To Economic Recovery Efforts,
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 Contracts Decisions,
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 Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences,
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,
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 Draft Oci Rule - New Directions And The History Of Fear,
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 - …
A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line,
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.
A Random Walk: The Federal Circuit's 2010 Government Contract Decisions,
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 Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement,
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 …
The Military-Industrial Complex,
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, …
Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations,
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,
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 …
Emerging Policy And Practice Issues (2009),
2010
George Washington University Law School
Emerging Policy And Practice Issues (2009), 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 2009), attempts to identify the key trends and issues for 2010 in U.S. federal procurement. In large part, the paper focuses upon the challenges inherited by the Obama administration and its efforts during its first year in office. Among other things, the paper suggests that the administration charted a course of what it perceived as bold action – most dramatically, touting "savings" and accountability, while permitting special interests to distract focus from value for money and customer satisfaction. Accordingly, at least to date, the Obama administration's procurement …
