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In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Contents: (1) Introduction; (2) Background; (3) Contracts Not Subject to CICA; (4) Contracts Subject to CICA; Full and Open Competition Defined; Competitive Procedures Resulting in Full and Open Competition; ¿Full and Open Competition After Exclusion of Sources¿; Circumstances Permitting Other Than Full and Open Competition; Justifications and Approvals; ¿Special Simplified Procedures for Small Purchases¿; Other Competition Requirements; (5) Competition Requirements for Task and Delivery Order Contracts; (6) Legislation in the 111th Congress: Legislation Enacted in the 111th Congress; Legislation Proposed in the 111th Congress; (7) Recent Executive Branch Policies. Charts and tables.
The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the 'embeddedness' of organizations within their social and culturalenvironment. Contractual co-operation is seen as depending on institutional factors which serve to enhance 'trust', and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure. An active debate has begun on how instruments of public policy can best be deployed to arrive at an effective balance between co-operation and competition. This affects both the competitiveness of private sector organizations and the success of deregulatory reforms in the public sphere. Theseissues are explored within four main areas: developments in private-sector contracting; contract and organization in the public sector; the economics of contract law; and competitiveness and competition policy.
This unbiased analysis of statutes, regulations, and case law clarifies the complex rules of federal procurement policies, explaining the processes that government personnel and contractors must follow in every aspect of government contractingand—from inception to completion. Topics include contract administration and personnel, contract interpretation, risk allocation, changes, delays, pricing of adjustments, and much more.
A continuation of the successful Government Contracts in a Nutshell, 6th, this expanded Principles of Government Contracts, 7th summarizes the Federal Acquisition Regulation System (FARS), improper business practices and personal conflicts of interest, publicizing contract actions, and competition requirements. Addresses acquisition planning, contractor qualifications, and descriptions of agency needs. Explains socio-economic policies, commercial items, contract types, options, sealed bidding, and contracting by negotiation. Reviews intellectual property, cost accounting standards, cost principles, financing, protests, disputes, and appeals. Explores research and development contracting, construction and architect-engineer contracts, inspection and warranty, value engineering, delays, suspension of work, changes and equitable adjustments, subcontracting, and government contract terminations for default and convenience.