Download or read book Government by Contract written by Jody Freeman and published by Harvard University Press. This book was released on 2009-02-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
Download or read book Government Contracts written by Nicholas Seddon and published by . This book was released on 2013 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government Contracts 5th edition is the new edition of a work that has now been in existence for some seventeen years. It is Australia's definitive legal text on all levels of government contracting, which focuses on the legal issues that may arise in connection with government contracts and which have no parallel in the private sector.It explains the law in a manner that government contract managers, and their private sector counterparts doing business with government, will find indispensable. Presented in plain English, it is equally accessible to lay readers and lawyers. Law students will also benefit from the up to date case law, relevant policy developments and legislation relating to government contracting, including procurement and outsourcing.Authoritative and respected, Government Contracts has been referred to in State and Federal court cases, in the High Court and in government policy documents.New material in this 5th edition includes:the application of, and exemption from, the Competition and Consumer Act 2010 (Cth) and the accompanying Australian Consumer Law to government at all three levels;a new section in Chapter 6 covers the application of the troublesome proportionate liability law to government at all levels;the impact of the High Court's decisions in Pape and Williams on the Commonwealth's spending power;coverage of the High Court's decision in Port of Portland Pty Ltd v Victoria;the anomalies created in New South Wales and Queensland by legislation that removes corporate status from local government bodies;treatment of tendering in Chapters 7 and 8 draws on new Australian case law and cases from other countries with similar legal systems to Australia, in particular Canada.As always with Seddon's work, a careful re-consideration of every aspect of the book has been undertaken providing clarity and comprehensive sources for the reader. This new edition is current to 30 November 2012 and is an indispensable resource for lawyers, government contract managers and their private sector counterparts. AUTHOR'S NOTE - LOCAL GOVERNMENT QUEENSLANDIn the Preface, Chapter 4 at [4.2] and Chapter 6 at [6.6] and [6.10], attention is drawn to the fact that Queensland local government bodies are not bodies corporate. This anomaly has now been corrected by an amendment that came into effect on 1 February 2013 - see Local Government Act 2009 (Qld) s 11.
Download or read book Government by Contract written by Jody Freeman and published by Harvard University Press. This book was released on 2009-02-28 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
Download or read book Government Contract Law written by and published by American Bar Association. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Responsible Contract Manager written by Steven Cohen and published by Georgetown University Press. This book was released on 2008-10-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract management is a critical skill for all contemporary public managers. As more government duties are contracted out, managers must learn to coordinate and measure the performance of private contractors, and to write contract requirements and elicit bids that obtain important services and products at the best possible price and quality. They must also learn to work in teams that include both public and private sector partners. The Responsible Contract Manager delves into the issues of how to ensure that the work done by private sector contractors serves the public interest and argues for the necessity of making these organizations act as extensions of the public sector while maintaining their private character. Government contract managers have a unique burden because they must develop practices that ensure the production advantages of networked organizations and the transparency and accountability required of the public sector. The Responsible Contract Manager fills a major gap in public management literature by providing a clear and practical introduction to the best practices of contract management and also includes a discussion of public ethics, governance and representation theory. It is an essential guide for all public management scholars and is especially useful for students in MPA graduate programs and related fields.
Download or read book Government Contract Law in the Twenty first Century written by Charles Tiefer and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2017 supplement to this book, click here. This new book revises, and adds new foci, to the authors' predecessor casebook Government Contract Law: Cases and Materials (2d ed. 2004). It retains the core chapters for a syllabus on the basics of government contracting law. The authors update the core chapters with short, student-friendly, tightly-edited cases. Many cases date from the 2000s, with most of the rest from the 1990s. These present current understandings of issues and doctrines in this rapidly evolving field. As new foci, the authors have greatly expanded the number of specialized chapters treating increasingly important topics. New chapters cover such fast-changing specialties as commercial and IDIQ contracting, intellectual property, health care, construction, government and contractor workforce, false claims and defective pricing, and government takings. Also, the book treats new procedures including protests of task order awards and claims for government breaches of contract. Dozens of fresh notes by the authors cover recent developments such as government acquisition of property rights in software, and contracting in the Afghan and Iraq wars. Tiefer and Shook bring academic and practitioner experience and expertise to their treatment of government contract law.
Download or read book The Government Manager s Guide to Contract Law written by Terrence M. O'Connor and published by Berrett-Koehler Publishers. This book was released on 2014-04 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical volume offers clear and helpful guidance on the laws governing federal contracts. From information on the types of contracts used in government to ways to interpret those contracts, the book covers the basics that every government manager needs to know. Information on complying with ethics requirements in general, and in the solicitation process and contract administration in particular, is especially pertinent. The author also explains the government manager's liability both to the government and to the public. This book covers all the aspects of contract law that every government manager should know to be both effective and in compliance.
Download or read book Private Government written by Elizabeth Anderson and published by Princeton University Press. This book was released on 2019-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Download or read book Understanding Government Contract Law written by Terrence M. O'Connor and published by Berrett-Koehler Publishers. This book was released on 2007-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “back-to-basics” guide to government contract law Finally! A plain-English presentation of the basic legal concepts of government contract law for professionals at any stage in their careers. Until now, anyone in the procurement field has had to trudge through dense and complex texts written in hard-to-follow “legalese” in their quest to understand procurement law. With Understanding Government Contract Law, they finally have a source of clear and concise explanations of the legal principles involved in government contract law, written by an authority on the subject. Part I of the book focuses on the unique problems facing each of the parties to a government contract – the contract officer and the contractor – and offers insight to the many roles played by the contract officer in the procurement process. Part II describes why and how the government contract is different from commercial contracts. Part III explores the ins and outs of a government contract lawsuit. The author presents key legal principles of government contract law by: • Stating a legal principle • Specifying where in the Federal Acquisition Regulation (FAR) that principle is found • Offering the rationale, context, and any public policy behind the principle • Describing, with case law examples, situations where the government applied the law correctly and situations where the government came to that conclusion incorrectly
Download or read book Government by Private Contract written by Rosaline Levenson and published by . This book was released on 1976 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Symbol in Private Contract written by Anna Gelpern and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial crises; many said it was simply unimportant. They explained their own participation in the shift as a mix of symbolic gesture and political maneuver, designed to achieve goals apart from solving the technical problems for which the new contract terms offered a fix. Contract terms were adopted for what they said, instead of or in addition to what they did.
Download or read book Managing Federal Government Contracts written by Charles D. Solloway and published by Berrett-Koehler Publishers. This book was released on 2013-02 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: You've Got Questions – We've Got Answers Questions can arise at any point in the process of working with government contracts. Now, you have an accessible resource you can trust for authoritative answers.Managing Federal Government Contracts: The Answer Book covers the contract management process from planning to closeout and all the steps in between. Using the regulations and legislation as a basis, author Charles Solloway draws on his many years of experience to craft answers that will help you address the issues you face every day . This book provides answers to the questions most commonly asked by government program and contracting personnel, contracting officer's representatives, contractor employees, inspectors, and all those involved in government contract management. The question-and-answer format makes getting the information you need quick and efficient. Examples of forms and templates drawn from actual contract work are included to make your work easier. Along with the basics on the roles of the various contract team members and the different aspects associated with each contract type, this resource covers: • Partnering issues • Data use for efficient contract management • Remedial actions and how to properly initiate them • The government's role with subcontractors Don't let your questions go unanswered. Get Managing Federal Government Contracts: The Answer Book.
Download or read book Enforcing Public Private Partnership Contract How do Fiscal Institutions Matter written by Manabu Nose and published by International Monetary Fund. This book was released on 2017-11-15 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public-private partnerships (PPPs) have increased rapidly in emerging and developing countries, creating both opportunities and fiscal challenges. One of the main challenges is that while governments have increased commitments in guarantees and direct subsidies to promote PPPs, contractual disputes remain high with significant costs. This paper examines how fiscal institutions affect the selection of PPP contracts and the probability of contract disputes using about 6,000 PPP contract-level data. The analysis shows that larger government financing needs, lower budget transparency and bureaucratic efficiency are associated with higher probability for governments to offer guarantees. Propensity score matching results show that disputes are more common for guaranteed contracts due to adverse selection and contingent liability effects. PPP management quality and budget transparency are found to be key determinants for a longer survival of PPPs.
Download or read book Accountability written by Anne C. L. Davies and published by Oxford University Press, USA. This book was released on 2001 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many government bodies relate to each other through 'contracts'. These are not regulated or enforced by the law. Drawing on the results of a case-study of NHS contracts, this book identifies problems faced by the parties to internal government contracts.
Download or read book Government Contracting written by William Sims Curry and published by CRC Press. This book was released on 2010-04-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guidebook through the minefield of government contracting and procurement, Government Contracting: Promises and Perils describes the dangerous practices commonly applied in the development and management of government contracts and provides advice for avoiding the sort of errors that might compromise their ability to protect the public interest. It includes strategies for increasing profits for government contractors, rather than incurring burdensome costs, through compliance with government mandated subcontracting and financial management systems. Drawing from his indepth investigation of government agencies across the country, the author examines present-day scenarios that regularly lead public servants and government committees to manage contracts with tools that are less than optimal and to select contractors that may not be the best qualified. He then delineates practical processes, contracting documents, and contract management tools to mitigate detrimental outcomes and alternative approaches to supplant the imperfect methodologies. The author includes a CD-ROM with the book that provides a number of practical tools that you can apply as well as examples of contracts and templates that are the best he discovered during his research. The book also outlines an approach for performing advance contract planning, conducting contract negotiations, and administering contracts useful when planning for the management of the contracting process throughout the contracting cycle, negotiating a contract that protects the interest of all contracting parties, and ensuring successful contractor performance. The book includes a "Government Procurement Corruption Wall of Shame" that illustrates the myriad perils and stumbling blocks such as conflicts of interest, duplicity, favoritism, incompetence, kickbacks, and protests that government workers fall prey to.. Filled with best practices that protect you from nefarious, amateurish, and criminal mistakes that frequently lead to difficulties with harsh consequences, the book does not end its coverage with discussions of corruption, mismanagement, and ineptitude, but provides practical processes and strategies to diminish the negative impacts from these government contracting perils.
Download or read book Mastering the Risky Business of Public Private Partnerships in Infrastructure written by Manal Fouad and published by International Monetary Fund. This book was released on 2021-05-10 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.
Download or read book Smart Contracting for Local Government Services written by Kevin Lavery and published by Bloomsbury Publishing USA. This book was released on 1999-03-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization of local government is making headlines throughout the world. Scottsdale, Arizona, contracts for fire protection; Baltimore, to run nine city schools; and Chicago and Philadelphia for a range of services from janitors to recreational facilities. The United Kingdom, New Zealand, and Australia have arguably gone further than the United States. But much of the debate on contracting has been high on politics, philosophy, and emotion with little attention to practical issues of how to do contracting well. The book shifts the debate away from the politics and rhetoric to the practicalities and realities of contracting. The book is concerned with four issues—the role of contracting in government, the appropriateness of different contracting strategies, the process of contracting, and who does the contracting. Drawing on examples in the United States and the United Kingdom, the author considers the historical and cultural context of contracting, where contracting works and where it doesn't, the features of smart contracting, and the conditions that are conducive to smart contracting. The book provides an invaluable guide to those concerned with the practicalities of contracting.
