Chapters 11 and 12

Claims filed by a contractor against a government organization to dispute a contract awarded to a competitor

Government agencies becoming increasingly dependent on networks of private parties to keep government running

An agreement that is legally enforceable and reflects the relationship between two or more parties for a specific period of time

In government, refers to the decision to forego producing a good or service internally, instead opting to contract with a private/nonprofit sector entity while maintaining government oversight

A time frame during which a former government employee cannot be employed as an industry lobbyist in the private sector after leaving a government job; put in place to reduce any unfair influence or insider knowledge that persists

Contracts that agree to pay a contractor based on the actual costs; these contracts can use incentives to further align the contractor's behavior with the government's needs

Contracts that agree to pay the contractor a set amount; these contracts are used when little uncertainty exists about the specifications or requirements of the contracted activity

The consideration of whether to produce a good or service in-house or to contract out; influence by cost, required expertise, and commercial nature of the work

In government, refers to the decision to forego producing a good or service internally; instead, opting to contract with a private/nonprofit sector entity while maintaining government oversight

Describes the problematic scenario in which the agent (contractor) can potentially take advantage of the principal (government) due to information asymmetries between the parties

The complete transfer of a function from the public sector to the private sector, often establishing a formal, regulatory relationship with government

Refers to the actual generation of a good or service

Refers to the obligation to deliver a good or service

Contractual relationships between government and private firms to deliver either existing or newly-developed public services

Refers to the central role of relationships in supplementing the formal contract as the public sector cedes authority to third parties

In contracting, refers to the document that formally solicits proposals/bids from potential contractors

Refers to the relative ease with which government employees move to private industry lobbying positions, and industry lobbyists move to government positions

Specific shares of the available contracting activity that are earmarked for smaller businesses and those that are owned by traditionally disadvantaged groups; also referred to as "bid preferences"

A noncompetitive process in which there are negotiations with only one contractor

A commitment to transparency, quality, efficiency, and equity

If a service has enough easily visible and reputable private providers, it should be contracted out

- Get a good deal
- Prevent corruption and promote integrity
- Fairness

"Investors provide the upfront funding for the program, nonprofits deliver the services, and an evaluator assesses the success of efforts over time. The original contract and the performance of the program, based on the outcome measures collected by the evaluator, determine whether government payments are made to reimburse and reward the investors"

- The complexity of the contracted tasks
- The amount of direct contact between the contractor and the public
- The use of cost-reimbursement pricing

Relating to the administrative adjudication process, wherein an executive agency's administrative law judge (ALJ) rules on claims brought before or against the agency, typically pertaining to matters of procedural due process

Body of law that translates constitutional principles regarding the delegation of legislative authority and procedural due process into action; provides a framework for the rulemaking process, hearing grievances, and enforcement of rules and laws

A judge whose function is to hear cases involving laws and regulations pertaining to the agency for which they work; they ensure fairness in administrative proceedings by preserving the due process rights of claimants against the agency

Passed in 1946 to clarify the rulemaking and adjudication processes of administrative agencies, control their authority to enforce laws and regulations, and make their activities more open to public participation

Body of law that establishes the powers and responsibilities of government, and the rights and responsibilities of citizens, rooted in the Constitution

Refers to the administrative process of rulemaking, wherein executive agencies design the implementation of a law by establishing rules and regulations, as delegated by the legislature

Body of law pertaining to the organization and processes of government, the relations between state and its citizens, the responsibilities of government officials, and the relations between political jurisdictions

A form of immunity that shields public officials from liability for civil damages as long as they do not violate an individual's rights and the claim arises from the performance of their job duties in good faith and with due care

The process by which executive agencies transform laws into programs by establishing the rules and regulations for their implementation

Requires agencies to to designate chief information officers

- Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law
- Contrary to constitutional right, power, privilege, or immunity
- In excess of statutory jurisdiction, authority, or limitations, or short of statutory right
- Without observance of procedure required by law
- Unsupported by substantial evidence
- Unwarranted by the facts

- Legislative: Have the force of law
- Procedural: Specify how operations are to be conducted
- Interpretive: Explains terms and guidelines

Administrative law judges must be impartial in conducting hearings. They must also decide cases based on facts and agency policy. In return, they can make decisions free of agency pressure or pressure from other parties

- Simple purchase (transactional relationship)
- Contracting-out/Outsourcing (oversight relationship)
- Relational Contracting (collaborative relationship)
- Public-Private Partnership (shared risk and monitoring relationship)
- Privatization (regulatory relationship)

- Make-or-Buy Decision
- Structure Contract
- Choose a Contractor
- Contract Administration

Incentivizes whistleblowers who file lawsuits on behalf of the federal government when there are improprieties in contractual relationships.