Download or read book Contractor Recovery for Current Environmental Cleanup Costs Under World War 2 Era Government Contract Indentification Clauses written by Randall J. Bunn and published by . This book was released on 1997-01-01 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis discusses the bases for liability for environmental damage, reviewing sources of liability under both Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and environmental tort law. It also examines the theory under CERCLA which has been successfully used in one case to hold the United States liable under World War 2-era military procurement contracts. In that case the government was determined to be a responsible party as an 'owner, operator, or arranger' under CERCLA. The purpose of this discussion is to show, by way of contrast, how the theory differs from the theory of identification which is set forth. To illustrate the environmental liability issues, the thesis presents two actual cases involving CERCLA sites formerly used to perform World War 2-era contracts and currently being cleaned up under CERCLA. In addition, the potential barriers against recovery are described. The key barriers include the Anti-Deficiency Act, the problems with reimbursement of costs under the contract, and the issue of finality and release upon contract settlement. The thesis concludes with an overall assessment of the theory and its potential as a successful method of shifting liability for current environmental cleanup costs.
Download or read book Environmental Cleanup written by United States. General Accounting Office and published by . This book was released on 1994 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Cleanup at DOD written by United States. General Accounting Office and published by . This book was released on 1997 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Air Force Law Review written by and published by . This book was released on with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defense Contractor Recovery of Cleanup Costs at Contractor Owned and Operated Facilitie written by and published by . This book was released on 1993 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis discusses the Department of Defense's (DoD) obligation to reimburse defense contractors for environmental cleanup cost for 'releases' of hazardous substances occuring at contractor owned and operated (COCO) facilities or disposal sites for which the contractor is held responsible as a 'Potentially' Responsible Party'. Its primary focus is on recovery of cleanup cost under the Federal Acquisition Regulation (FAR) cost principle and on the 1980 Comprehensive Environmental Response Compensation and Liability Act (CERCLA) 107 (a) (3), which allows contract reimbursement when the government arranged for the treatment or disposal of hazardous substances used in performing the government contract.
Download or read book Environmental cleanup at DOD better costsharing guidance needed at governmentowned contractoroperated sites written by and published by DIANE Publishing. This book was released on 1997 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report responds to your subcommittee's request that we examine Department of Defense (DOD) policies and practices regarding cleanup of environmental contamination at government owned, contractor operated (GOCO) plants, as a follow up to our previous reports that showed inconsistent policies and practices on cost sharing. We reviewed nine higher-cost case studies at the Defense Logistics Agency (DLA) and the military services (1) to assess the consistency of cost-sharing practices across DOD and (2) to compare the service cleanup estimates against DOD'S. Specifically, we identified the actions taken and the types of arrangements for sharing cleanup costs between the government and other responsible parties, and examined site-specific cleanup cost data.
Download or read book Environmental cleanup costs NASA is making progress in identifying contamination but more effort is needed report to Congressional requesters written by and published by DIANE Publishing. This book was released on with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Allocation of Contractor Environmental Remediation Costs to Department of Defense Contracts written by Stephen R. Shapro and published by . This book was released on 1995 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis investigates the allocation of environmental remediation costs to Department of Defense (DOD) contracts. Environmental remediation costs are incurred in the current period to cleanup contamination resulting from the performance of work in the past. Consequently, there is little direct beneficial or causal relationship between DOD's current contracts and the costs incurred. Yet, the manner in which remediation costs are allocated will substantially determine who pays for the rising costs of yesterday's contamination. Background material is presented to illustrate Government cost accounting practices and DOD guidance on environmental costs. Research material was obtained from the Congress, the General Accounting Office, DOD, defense contractors and industry associations. The research concludes that none of the current allocation methods are consistently fair and equitable. Any reimbursement for DOD's share of cleanup costs should be made independently of the contract cost accounting system.
Download or read book The Allocation of Contractor Environmental Remediation Costs to Department of Defense Contracts written by Stephen R. Shapro and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis investigates the allocation of environmental remediation costs to Department of Defense (DOD) contracts. Environmental remediation costs are incurred in the current period to cleanup contamination resulting from the performance of work in the past. Consequently, there is little direct beneficial or causal relationship between DOD's current contracts and the costs incurred. Yet, the manner in which remediation costs are allocated will substantially determine who pays for the rising costs of yesterday's contamination. Background material is presented to illustrate Government cost accounting practices and DOD guidance on environmental costs. Research material was obtained from the Congress, the General Accounting Office, DOD, defense contractors and industry associations. The research concludes that none of the current allocation methods are consistently fair and equitable. Any reimbursement for DOD's share of cleanup costs should be made independently of the contract cost accounting system.
Download or read book Environmental Cleanup written by United States. General Accounting Office and published by . This book was released on 1992 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Cleanup written by U S Government Accountability Office (G and published by BiblioGov. This book was released on 2013-06 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to a congressional request, GAO provided information on the Department of Defense's (DOD) reimbursement of defense contractors' environmental clean-up costs. GAO found that: (1) DOD reimbursed contractors through overhead amounts in prime contracts, subcontracts, and a negotiated settlement; (2) decisions on reimbursement varied from complete denial to reimbursement in proportion to the government's share of a company's business; (3) contracting officers varied widely in the extent of investigations into possible wrongdoing by contractors; (4) federal acquisition laws, regulations, and policies do not provide specific guidance to decisionmakers on how to treat environmental clean-up costs; and (5) the varied types of reimbursements made in the cases examined may not be enough to prevent continued inconsistent reimbursement decisions.
Download or read book Environmental Cleanup Defense Indemnification for Contractor Operations written by and published by . This book was released on 1994 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law 85-804, as implemented, authorizes DoD and other federal agencies to indemnify contractors against losses from unusually hazardous or nuclear risks. The law requires that if any actions are taken under the law, they be reported to Congress annually. Reported actions can include specific contractors' claims for costs already incurred or the inclusion of indemnification clauses in contracts to protect DOD contractors from future risks. The Comprehensive Environmental Response and Liability Act (CERCLA) as amended, commonly known as Superfund (42 U.S.C. 9601-75), imposes liability for cleanup, on a variety of potentially responsible parties, including owners, facility operators, and generators of hazardous substances. Under CERCLA, DoD is included among parties responsible for environmental cleanup of its facilities. If DoD pays cleaup costs related to a contractor's activities, the contractor remains a potentially responsible party under CERLCLA, and DoD could seek reimbursement or possible contribution from the contractor or its insurer.
Download or read book Environmental Cleanup written by U S Government Accountability Office (G and published by BiblioGov. This book was released on 2013-06 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to a congressional request, GAO reviewed Department of Defense (DOD) efforts to clean up environmental damage on DOD-owned property, focusing on: (1) cleanup costs at contaminated facilities; and (2) the DOD approach for sharing cleanup costs between the government and other parties. GAO found that: (1) environmental cleanup at DOD government-owned, contractor-operated (GOCO) plants and the Rocky Mountain Arsenal will generally take longer and cost about $3 billion, 70 percent more that DOD reported; (2) liability for cleanup falls on a variety of potentially responsible parties, including facility operators and generators of hazardous substances; (3) each of the services and the Defense Logistics Agency has a different policy on cost-sharing for environmental cleanups; (4) Environmental Protection Agency policy states that status as a GOCO operator does not shield a contractor from environmental liability; (5) the military services have not requested that GOCO operators share in the cost of cleaning up past contamination; (6) cleanup is managed by the Army Corps of Engineers at former defense sites and former GOCO facilities sold to the private sector; and (7) a contribution of about $250 million has been obtained from the lessee at the Rocky Mountain Arsenal.
Download or read book Defense Department Reimbursement of Contractors Environmental Cleanup Costs written by United States Congress House Committe and published by Palala Press. This book was released on 2018-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Defense Department Reimbursement of Contractors Environmental Cleanup Costs written by United States Committee on G Operations and published by Forgotten Books. This book was released on 2018-03-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Defense Department Reimbursement of Contractors' Environmental Cleanup Costs: Hearing Before the Legislation and National Security Subcommittee of the Committee on Government Operations, House of Representatives; May 20, 1993 The subcommittee met, pursuant to notice, at 10 e.m., in room 2154, Rayburn House Office Building, Hon. John Conyers, Jr. (chairman of the subcommittee) presiding. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Reimbursement of Defense Contractors Environmental Cleanup Costs Comprehensive Oversight Needed to Protect Taxpayers Fifth Report by the Committee on Government Operations November 22 1993 Committed to the Committee of the Whole House on the State of the Union and Ordered to be Printed written by United States. Congress. House. Committee on Government Operations and published by . This book was released on 1993 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Department of Defense Environmental Cleanup Cost Allowability Policy written by John M. Murdock and published by . This book was released on 1994 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this thesis was to investigate the factors affecting the allowability determination of defense contractor environmental remediation costs. The primary objective of this thesis was to determine what policies and contracting cost principles the Department of Defense (DOD) should develop to address environmental costs in a consistent manner, providing a 'single face' to industry. A secondary objective was to develop an audit framework and questions to allow for consistent policy analysis and application to a contractor's proposed environmental remediation costs based upon the materiality of the situation. Background material was presented to show the amount and complexity of environmental regulations, the effects of current judicial decisions and DOD's efforts to develop a consistent policy. Research material was provided from Congress, the General Accounting Office, DOD, defense contractors, California, Washington, industry associations and environmental protection coalitions. The researcher's analysis of the material produced an environmental cost principle. This cost principle was applied to a current environmental claim, producing an audit framework and tailored list of cost and/or pricing data analysis, questions. Both the cost principle and audit framework are recommended for incorporation into DOD's final environmental cost allowability decision.
