Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
An overview of federal aid given in the form of a supplement to local schools based on their conformity to established guidelines under the No Child Left Behind Act.
Abstract This paper addresses several issues relating to the No Child Left Behind legislation. It compares and contrasts the advantages and disadvantages of federal aid, discusses what legal opportunities or consequences accompany receiving federal aid, examines and evaluates the meaning and implications of supplanting and examines how someone could prepare for changes in the different areas on the revenue and expenditures of a school district based on in demographic and economic factors.
Tags:Federal aid, local schools, federal regulation, No child left behind, federal funding, NEA, union opposition
Abstract This paper discusses and describes how the federal and state systems of government may or may not differ in their application of employment laws. The paper includes specific examples of employment protections provided by the Florida state system, but not by the federal system.
From the Paper "Employment law is that branch of the law that deals with employer-employee relations, work hours workplace conditions and related matters. Most elements of employment law fall under civil law ..."
Abstract This paper considers the role of the Federal Reserve in the U.S. economy. The paper discusses Chairman Alan Greenspan, his predecessor and successor, the mechanics of how the Federal Reserve conducts monetary policy,the Federal Reserve's fiscal policy and the direction of recent policy.
From the Paper "Although many news programs discuss the Fed and its chairman, Alan Greenspan, and while many people know that the Fed somehow affects interest rates and that interest rates affect the economy, few understand the relationship between the Fed and the American economy. This research considers some of the key points surrounding the Federal Reserve, its effects on the American economy and the role of the chairman. The Fed conducts monetary policy by setting the rates that member banks charge each other..."
Tags: central bank, federal reserve, monetary policy, fiscal policy, Alan Greenspan
Abstract In this article the writer examines contemporary federalism with regards to education in America. The writer specifically discusses the 'No Child Left Behind Act' of 2001. The writer describes the historic federalist system and the New Federalism in this paper. The writer also examines the power of federal authority over education.
From the Paper "'Power: Who has it and who wants it more?' are two themes that resonate throughout the halls of government every day. Federalism, the division of powers between a central government and regional governments often causes struggles over the relative powers of each level of government. In the United States, where government is divided into federal state and local entities, each level exercises separate powers within their own spheres of authority. By establishing such a system the Framers sought to create ... "
Abstract This paper discusses the role of the Federal Reserve Bank after September 11. The writer analyzes an article written about the Federal Reserve Bank after the terrorist attacks. In this article, the writer discusses the vital role the Federal Reserve Bank played, in preventing even more serious damage to the economy.
From the Paper "In the hours and days following the terrorist attacks on the United States on September 11, the United States Federal Reserve Bank played a little known but vital role in preventing even more serious damage to the economy of the United States, than the attacks themselves. According to Dina Temple-Raston in International Economy, the quick action of the Federal Reserve Bank went largely unnoticed and dramatically under-appreciated. She suggests that if the Federal Reserve Bank had not made precise decisions quickly ... "
Tags:Federal Reserve, Fed, September 11, business, bonds, economy, economics
Abstract This paper discuss the role of inter-governmental relations between the Federal, State and Local governments and various issues that impact this working relationship. Among the areas that are discussed are: How inter-governmental programs should be implemented and the economics of scale and shared services. It further analyzes different theories and models of federalism, how these structures can be established and the role that each level of government should play during this process. While the goal is to give each level of government its own power, the objective here is to develop a system so that services can be best delivered to the citizens.
From the Paper "The state of intergovernmental relations can be identified in many ways. Historically, dual federalism is the theory that best defines the American system of government. The writers of the Constitution wanted a system of government with shared powers between the states and the federal government. Each level has their own independent authority. While this theory best identifies our system of government, overtime other theories have developed, responding to the economic and social problems that have developed (Knudson, 2003).
Today the federal, state and local levels find themselves in dispute as to who should be paying for and implementing certain programs. The states and local levels believe that they can do a better job of implementing domestic programs because they are closer to the problem then the federal government. A standard national program may not be able to meet the needs of every state. This model called the State- Centered Federalism whereby the states make the decisions, with the federal government there on a minimal basis, to provide the resources. The state government is more responsive, because they can best understand their own needs (Mc Guire, 2001).
This model can be seen in the new Welfare Reform Plan. Whereas under the old welfare system the national government established the welfare policy and the states had little discretion to tailor it towards their individual needs. These objectives and rules sent to the states from Washington DC may not have helped because money was being spent in areas that did not need it. At the same time other, urgent aspects of a states welfare needs were being overlooked by Washington (New, 2002)."
Tags: constitution, federal, government, local, relationship, state
Abstract Established in 1958, the Federal Aviation Administration has grown from a largely unorganized regulatory agency to overseeing the safety of civil aviation and the nation's largest air traffic control system. This paper examines how it has grown into one of the most powerful agencies in the government today and, in light of the recent terrorist attacks, is now federally regulating many recently privatized aspects of civil aviation.
From the Paper "The Federal Aviation Administration (FAA) was created in 1958 under the Federal Aviation Act to oversee and promote civil aviation safety. However, the Air Commerce Act of 1926 set the stage for a federally-overseen aviation system, mainly as a method of ensuring safety standards, and was "the cornerstone of the Federal government's regulation of civil aviation." (FAA.gov). Its early responsibilities focused mainly on setting safety standards, and "for licensing virtually everything related to aerospace" (Tyson 2). Until its designation as the Federal Aviation Agency in 1958, the agency took on an expanding role in overseeing the progression of civil aviation. As times changed, and technology made new innovations possible, the government recognized a need for a more central agency to regulate civil aviation. In 1966, the Department of Transportation was created, and the Federal Aviation Administration was included in this new department. Many important events took place in the following decade. These included the creation of a semi-automated air traffic control system, which allowed controllers to determine the speed and location of aircraft. The Airline Deregulation Act of 1978 gave way to increased competition, and saw the need for a more efficient system to combat the increased growth. The National Airspace System was created in 1982 as a way to address this problem by improving many aspects of the current system. The last twenty years have seen technology make notable impacts on the airspace system, and the terrorist attacks of September 11, 2001 spurred major regulations, including the creation of a Transportation Security Administration that overtook primary responsibility for the system. As its mission statement reads, "Our mission is to provide the safest, most efficient aerospace system in the world." (FAA.gov)."
Tags: administration, airplane, aviation, civil, faa, federal
Abstract This paper discusses the economy, stating that keeping interest rates steady and controlling the expansion of the money supply over the course of the rest of the 2007 fiscal year seems prudent on the part of the Fed, unless unemployment begins to increase precipitously or economic growth sharply contracts at a steady level over the course of the next few months. This paper further asserts that the Fed should continue to make curtailing inflation the cornerstone of its fiscal policy. It should maintain high reserve requirement, sell government securities at the same rate to avoid a sharp influx of currency into the marketplace by lending banks, and keep the discount rate at current levels. Furthermore, it says that although this moderation may not yield exuberance on Wall Street, it also will not sharply contain growth and propel the economy into recession, either.
Outline:
Behavior of key 2007 macroeconomic variables--Review of Federal Reserve policy
Assess the Federal Reserve policy over the year--Recommendations & Predictions
From the Paper "However, it should be reminded that not only did economic growth slow sharply in the first quarter of this year to an annual pace of 1.3% but that this was the slowest growth the economy has shown in the past four years (Andrews, 2007). This slow economic growth demonstrates that the Fed's refusal to reduce rates, even in the wake of an increase in unemployment, however incremental was not an easy or clearly indicated decision. Also, there was no statement was released as to why 2% a year as decided upon as an official target. However, according to William Poole, the President of the Federal Reserve Bank of St. Louis, ideally, the Fed views the optimal rate of inflation as zero, only allowing for small 'biases in price indexes' (Poole, 2005)."
Tags: economy growth policy monetary currency, federal reserve
Abstract This paper gives a comprehensive understanding of the application and theory-building nature of federalism versus neo-functionalism. The two theories are compared and contrasted for their similarities and differences, along with arguments about which theory is more influential to international organizations, as they have developed over the years. The U.N., E.U., NAFTA and CARICOM among others are mentioned as the analysis in the paper spans the developed and developing world.
From the Paper "Both neo-functionalism and federalism are integration theories, which developed in the light of the European experience particularly after World War II, with federalism emerging first and neo-functionalism shortly after. With respect to neo-functionalism, an operational definition was given by M. Robert Shuman, embodied within a quotation in an outlined plan for the European Union. It was formerly called the Coal and Steel Union. He stated that: "Europe will not be made all at once, or according to a single general plan. It will be built through concrete achievements which first create a de facto solidarity...the pooling of coal and steel production will immediately provide for the setting up of common bases for economic development as a first step in the federation of Europe". Carl Friedrich, on the other hand, described federalism as: "A kind of constitutional order. The function it serves is to restrain the power wielded by the inclusive community and those in it..."."
Tags: caricom, constitution, developed, developing, economic, Europe, federation, integration, law, legal, nafta, U.N., war, world
Abstract This paper explores the ongoing debate about distribution of powers in the federal system. Quebec has a decisive role in the debate, affecting all of Canada. Neo-liberalism is aligned with Quebec's interests.
Abstract The paper elaborates and analyzes the role of the Federal Reserve Bank and its many components to reveal how the banking system of the US actually functions.
Abstract This paper discusses how federal law should and does accommodate for religious groups. The paper begins by discussing ways in which the First Amendment of the U.S. Constitution relates to religion. Then the paper examines relevant case law and precedent from the U.S. Supreme Court. The paper also looks at laws passed by Congress that address accommodations for religious beliefs and practices in the workplace.
From the Paper "The First Amendment to the U.S. Constitution states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. Under the terms of this Amendment, any law..."
Tags: religion, religious observances, federal law
Abstract This paper is about the federal reserve bank. It answers these questions: What is our central bank called and what monetary authority is it assigned with? What are the powers of the central bank? What are the tools available to it to control the money supply and how are they used? How is its board of governors selected? The paper describes in detail the functioning of the central bank and how the bank has handled the various financial crises since its inception.
From the Paper "According to Fred Weston and Eugene Brigham in their book Essentials of Managerial Finance monetary policy involves the regulation of the money supply and of interest rates by a central bank. In the United States monetary policy is determined by the U S central bank called the Federal Reserve Board. The goals of the Federal Reserve Board the Fed are to encourage economic growth control inflation reduce unemployment to acceptable levels and stabilize the exchange rate between the U S dollar and foreign currencies in ..."
Tags:Federal reserve bank, fed, roles, FOMC, Greenspan, monetary policy, Congress
