Abstract The paper discusses how in recent years the military has been reduced in numbers and funding. These changes have made it necessary to increase the use of civilian contractors during times of war. The paper explains that they provide contract labor in areas that require special handling and when the project or job is over they leave without retirement pay or other benefits. The paper describes how contractors provide technical expertise and support where the logistical decisions can mean life or death on the battlefield of war. The paper concludes that with the reduction of funding and troops in the military, the use of civilian contractors is the prudent and cost effective way to maintain military strength without having to increase the cost of the military.
From the Paper "They provide expertise with a focus on technology, as well as a cost reduction for the United States Armed Service Corps. Contractors are paid by the job which relieves the government of responsibility for their retirement pension fund, vacation or sick pay and other things that are typically provided in a traditional military or private sector job.
Another element to increased civilian contract use is the need for military personnel in other operations. The use of civilian contractors frees up military personnel for other operations while not reducing the work or coverage in the areas that the civilians work with."
Abstract This paper looks at the US military's use of private contractors to perform military activities and the many problems associated with this practice. The paper focuses on the war in Iraq and reveals that privately contracted personnel in Iraq have the power and authority to use arms against anyone who they believe to be a threat, regardless of the consequences of their actions. The paper then discusses the multinational corporation, Blackwater USA, which holds the largest share of security contracts in Iraq. The paper explains some of the problems with Blackwater USA including lack of supervision, lack of continuity, and allowable secrecy that has led to innocent civilians' deaths. The paper also explains that the Bush administration was the chief opponent to reforming the practice of using private contractors and points out that if no reform is undertaken, taxes will continue to go to Blackwater and the reckless slaughter of innocent people will continue as will increased distrust of Americans by Iraqi civilians. The paper concludes by proposing changes to the development and awarding of contracts to private contractors.
Outline:
Demand For Change
Proposed Changes
From the Paper "During the course of the war in Iraq, the United States has seen many of its allies remove their troops from Iraq. By itself, the United States military would be unable to fight the war and bring stability to the region as it is does not have the requisite number of troops on the ground and those troops are not adeptly trained for all of the dangerous tasks involved. The definitive number of troops is determined not by need but by executive and congressional orders, which do not allow greater numbers for support and or security troops which creates an essential gap in services for troops and for the cause of securing individuals, groups and even supplies. The answer to this gap has been to provide for such services through private contracts and in doing so the dire need calls for such contracts to be closed bids, where the contract is not offered to the best provider or the provider who offers the best return on the investment it is simply offered to an individual corporation that is most likely to be able to provide the service as rapidly as possible. These services range from cooking and maintenance services for US troops and equipment to prison guards and or trained security staff for high profile Iraqi civilian officials."
Tags: transparency, accountability, mercenaries, military
Abstract This paper defines the roles of the Army's Logistics Civil Augmentation Program (LOGCAP) which hires private civilian contractors to provide supplies and services to American soldiers. It also explores the Government Accountability Office (GAO) which asseses the federal programs to see if money is being spent in a wise fashion. The paper, through statistics and research, tries to determine whether the American taxpayers are getting their money's worth from the contractors who are supplying and servicing American soldiers in Iraq and Afghanistan.
From the Paper "Going way back to 1997 and the U.S. military involvement in Bosnia, the same problem (lack of accountability and oversight) was apparent, according to the GAO "Report Abstract" issued on February 11, 1997. "The Army lacks basic financial systems to track how contractor funds are being spent and contractor monitoring systems to evaluate contractor performance," the report states. Civilian contractors were used "extensively in the Korean and Vietnam Wars... [and] in the case of Bosnia, the Army's latest estimate for contractor support has risen to $461.5 million - about $111 million more than the Army's original estimate." The GAO also criticizes the "unnecessary overhead costs and duplication resulting from the Navy and the Air Force introducing similar support contract programs.""
Abstract Those in favor of privatization argue that use of private contractors will lead to cost efficiency in the design and building of new facilities. Those who are against privatization, argue that it is that very independence of the contractors which will lead to higher costs since the profit margin now needs to be factored in as well as the possibility of "low balling" and other disreputable practices. This paper intends to examine both sides of the argument in terms of quality, cost, flexibility and accountability. However, it will also be argued that privatization is a step backwards in terms of societal, and governmental responsibility.
Abstract This paper presents a research proposal that aims to examine the role of perceived organizational support (POS) and psychological contracts of independent contractors. It specifically examines whether work status or context, i.e., independent contractors in comparison to traditional employees, moderates these concepts. The paper also discusses the history of the relationship between the employee and employer.
Table of Contents:
Problem Statement
Statement of Purpose
From the Paper "From a practical perspective, my interest in this research topic comes from extensive experience working alongside traditional employees and my status as an independent contractor. In order to gain a competitive advantage, the implementation of organization-wide strategy initiatives have created decidedly different results in relation to experiencing the involvement, attitude and commitment of independent distributors and traditional employees. Purely by accident, I ran across the concepts of POS and psychological contracts and while they seem to explain the difference in outcomes between independent distributors and employees, I did not have sufficient knowledge to translate those concepts into positive action nor to make management aware of the potential contributions of these concepts to successful organizational behavior."
Abstract In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.
From the Paper "We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."
Tags: employer, employee, independent contractor, unlawful termiantion, discrimination, breach of implied contract, at will employment, breach of public policy, implied covenant of good faith and fair dealing
Abstract This paper discusses whether a person in the scenario presented is an employee or an independent contractor. It further discusses whether the relationship of the person with the company has changed over time. Lastly it discusses whether the person was wrongfully terminated when she is employed under the doctrine of employment at will. It is broken up into 3 sections and includes newspaper articles.
From the Paper "Mary may have begun her business relationship with the Little Lamb Company as an independent contractor but at the time she was discharged she had moved from being an independent contractor to an employee. An independent contractor is defined by Webster's Dictionary of the Law (2000) as "an individual who contracts to provide services to others but, unlike an employee, retains significant autonomy in deciding how to carry out the work" (Clapp, p. 106). "Under U.S. law, a person can be classified as only an employee or an independent contractor...the key criterion is who controls how the work is done. A company controls its employees as to when where and how to work, what equipment to use, [etc.]" (Kearns, 2005, p. E-2). Every aspect of the employment relationship may be looked at to determine whether or not a person is an employee however the IRS has identified some of the more..."
Abstract The paper discusses a company's need to maintain a work environment that stimulates employee interaction and economic growth. The paper explains that offering employees on-site childcare will help strengthen the retention rate of the workers and attract the best in the industry for future hire. The paper discusses the benefits of both contractor and company run on-site childcare, as well as the ways that the company will succeed in this proposal. The paper concludes that companies no longer only have a competitive obligation to their industry, but they also have a social obligation to the community that they impact. Providing an on-site daycare center will help with that social obligation as well as increase the ability to recruit and retain the most professional employees in the industry.
Outline:
Introduction
Benefits
Comparing Contracting It Out Or Providing It Ourselves
Approximate Cost of Each Option
Conclusion
From the Paper "Avionics Solutions, a small firm based in Washington, D.D., is a leader in manufacturing avionics equipment and prides it self on being a family-owned business that delivers high quality products. It is in the company's best interest to stay ahead of the competition to retain its best employees. To this end, the company must maintain a work environment that stimulates employee interaction and economic growth. To recruit and retain the best employees in the industry it is important to understand that they are the company's greatest asset. Offering employees onsite childcare will help strengthen the retention rate of the workers and attract the best in the industry for future hire."
Abstract This paper discusses how the Walsh-Healy Act makes specific requirements of contractors and subcontractors for the government. The paper also explains the requirements regarding their employees' rates of pay as established by the federal minimum wage requirements, the age of employability of individuals and the health and safety conditions of the workplace.
Outline:
Introduction
Employee Federal Minimum Wages and Overtime Wages
Penalties for Failure to Comply
Health and Safety Aspects of the Public Contracts Act
Plan of Cooperation
Summary and Conclusion
From the Paper "As stated in the introduction to this work, contractors working with the government are required to pay employees the federal minimum wage. The federal minimum wage at the time the Public Contract Act was enacted was the amount of $5.85 per hour beginning January 24, 2007 and to be raised to the amount of $6.55 per hour and effective July 24, 2008, and again being raised July 24, 2009 to the amount of $7.25 per hour. Contractors are further required to pay their workers at one and one-half times the regular pay rate of the employee for all hours worked in a week in excess of forty hours."
Abstract The paper notes that the US government is one of the largest employers of the private sector and that, in an attempt to cut the federal budget, the US government continues to use an increasing number of private entities to perform tasks that were once performed by Federal Employees. The paper discusses how this practice has come under attack for many reasons. There are questions over the quality of work, security, and whether outsourcing reduces expenses in reality. This paper explores the growing practice of outsourcing goods and services that were once the job of federal employees. The paper includes graphs and tables.
Outline:
Who Uses Outsourcing?
Economics of Outsourcing
Current Situation
Legal Implications
What are the Requirements for Outsourcing Government Functions?
Federal Acquisition Regulation (FAR)
Key Issues Regarding Outsourcing
Monitoring of Contractors Would Outsourcing Shift Skill Workforce from the Public Sector to the Private Sector?
Real Impacts of Off Shoring
Problems and Solutions
What Support Does the Government Offer for the Current Trend?
Conclusions and Recommendations
From the Paper "The U.S. Defense Department uses a plethora of private contractors in a number of positions so that is can focus on its primary mission, protecting the country . The Defense Department uses private contractors for a number of functions, including infrastructure, such as electricity, telecommunications, water and sewage treatment. The use of outsourcing in the Defense Department is perhaps one of the most controversial areas of the outsourcing area. There is a concern among many that outsourcing in this area of the government may place our country at risk. However, the Defense Department claims that outsourcing non-military roles frees their personnel to remain focused on their primary task without distraction."
Abstract In this article, the writer focuses on the impact of post traumatic stress disorder (PTSD) on US military personnel currently serving in a war zone. The writer examines current literature on PTSD, current theories and treatments and the ability to adapt to society after they return to life in a conflict-free zone. This research uses a survey to examine the effectiveness of current treatments for PTSD among a population of military personnel and private contractors stationed in the war zone. The writer concludes that this study will play an important role in the further development of techniques to help those who spend time in a war zone avoid PTSD and allow them to return to a state of normalcy as quickly as possible.
Outline:
Introduction
Americans at War
The Effects of Life in a War Zone
Literature Review
Military Statistics
The Affects of War on an Individual
Current Treatment Options for PTSD
Veterans of Previous Wars
After the War
Conclusion
Methodology
Study Participants
Survey Instrument
Data Collection
Statistical Analysis
Conclusion
From the Paper "Conflict is a part of the human condition. Although most would prefer peace, sometimes war represents an inevitable reality. Since the founding of our nations, Americans have been called to serve our nation in the armed forces numerous times. The latest conflict is only one event in a long chain of wars dotting American history. Every time there is a conflict, three things are inevitable: casualties, fatalities, and survivors.
"Fatalities are a part of life in the war zone. It is a reality that every military person faces every day. For those that become casualties, they are often left with permanent reminders of their life in the war zone. However, not all casualties are physical. Life in the war zone leaves lasting emotional scars on everyone who survives, whether they were injured or not. Often these emotional scars go unrecognized, or have no apparent affect on daily life, but for some, they can affect their life to a degree that makes it difficult to cope. These emotional effects are the topic of this research."
Abstract The paper explores the assertions that President Bush has injected other agendas into the creation of the Department of Homeland Security. The paper examines the effectiveness of the DHS and posits that not only has the DHS been ineffective but its private contractors have been expensive.
Outline:
Introduction
The Debate of 'Office' Vs 'Department' of Homeland Security
The Bush Agenda
The Effectiveness of DHS
Summary and Conclusion
From the Paper "The work of Ahlers (2007) entitled: "Auditor's: Homeland Security Gets Mixed Grades" reports that congressional auditors gave "mixed grades to the Department of Homeland Security on its efforts to unify 22 agencies into one department and other goals." In what is stated to be a 320-page report of the Government Accountability Office findings states that while the DHS was made progress "in some areas" overall DHS "has failed at major management functions." (Ahlers, 2007) According to Senator Susan Collins, R-Maine and ranking member of the 'Senate Homeland Security and Government Affairs Committee' "With so much at stake and so many areas where progress is still required, America cannot settle for a mixed report card." (Ahlers, 2007) Substantial progress is reported in relation to maritime security while only modern progress is reported for: (1) immigration enforcement; (2) aviation security; (3) surface transportation security; (4) critical infrastructure protection; and (5) real property management. (Ahlers, 2007) Only modest progress was reported for: (1) border security; (2) immigration services; (3) acquisition management; and (4) financial management. (Ahlers, 2007) Limited progress is reported for: (1) emergency preparedness and response; (2) science and technology; (3) human capital management; and (4) information technology management. (Ahlers, 2007)"
Abstract In this article, the writer discusses that the relationship between main contractor and subcontractor is one of the most significant issues facing the modern construction industry. Further, the writer relates that the lack of real cooperation is a major problem between main contractors and subcontractors. The writer notes that it is common for main contractors to complain that the subcontractors do not perform work on time, perform work improperly, or poorly, or in other ways contribute to undue cost overruns. The writer points out that the counter charge from subcontractors is that they are not paid incrementally as they should be, are not paid on schedule, or were not adequately informed of the specific needs or ultimate goals of the job. The writer concludes that with a true partnering arrangement, both main contractor and subcontractor feel that they are constructive parts of the process, not merely employer and employee.
Outline:
Introduction
Can the Subcontractor Handle the Job?
Design and Re-Design
Subcontractors' Financial Soundness
Partnering between Main Contractors and Subcontractors
Methodology
Study Participants
Survey Instrument
Purpose of the Study
Format of Study Results
Research Findings and Discussion
Issues and Sub problems
Issues and Sub problems from the Main Contractor's Perspective
Issues and Sub problems from the Subcontractor's Perspective
Discussion
Summary and Recommendations
From the Paper "A first consideration involves the ability of potential subcontractors to handle the job for which they are applying. Handling the job means not only being able to perform the specific work required, but also whether the company is capable of handling the given project in addition to whatever other work it may be performing at the time, and whether its will be able to complete the work on schedule, in line with projected costs, and according to specifications. The selection of subcontractors within the construction industry is often highly personal. Main contractors feel that if the subcontractor is a known quantity - if the subcontractor possesses a good reputation - the subcontractor can be trusted to perform the work in an efficient and cost-effective manner. Presumably as well, a subcontractor with a good reputation is also one with whom it is possible to have a good working relationship i.e. one in which there will be ease of communication, ease of understanding, and so forth."
Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract This paper discusses the employee/employer relationship from the perspective of the employment at-will common law. The paper focuses on a situational analysis whereby a contractor hired to complete a project is kept on to continue working on other projects at a given company. Finally, after a lengthy period time, the contractor is released. The paper implies that the contractor cannot avail herself of employment at-will discharge related recourses because she was never hired as a permanent, full-time employee but retained on a per project basis.
From the Paper "Employer/Employee Relationship Quiz Mary is initially an independent contractor. The intent for her services has been targeted to the completion of a specific project. The company has entered into a contractual agreement with Mary to complete this original project. There is little doubt that she is a 3rd party contractor at the outset relative to the company and was never intended to be a full-time, permanent employee of the company. Mary, by being an independent contractor for hire is a 1099 employee. In other words, the company, by hiring her specifically for a given project pays only for her services rendered and assumes no other employee related expenses such as healthcare benefits, retirement benefits, or other assorted benefits and services commonly associated with employer/employee relationships."
