rxEPA
             United States
             Environmental Protection
             Agency
              Administration And
              Resources Management
              (PM-211D)
EPA/IMSD/91-001
January 1991
Selected Management
Articles
Contract  Management
                        PEOPLE

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   CONTRACT MANAGEMENT

             JANUARY 1991
           Headquarters  Library
Information Management and Services Division
    U.S. Environmental Protection Agency
          Room 2904   PM-211A
          401 M STREET,  S.W.
        Washington, D.C.    20460
            (202)    382-5922

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                  TABLE OF CONTENTS

INTRODUCTION
I     Contracting as a Management Tool	1
II.    Planning and Preparation	4
III.   Effective Management & Monitoring of Contracts	10
IV.   Environmental Contract Issues	12
V.    Policy: Legislation & Regulation	15
VII.  Selected Federal Documents on Contract Management	24
EPA Headquarters Library Management Collection List of
Management Bibliographies	25

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            CONTRACT  MANAGEMENT  BIBLIOGRAPHY
                      INTRODUCTION
     The  Contract  Management  Bibliography  has  been
developed  for  EPA  managers,  and  staff  for  use  in
understanding  the  many  issues   involved  in  Contract
Management.  These   issues   have   become  of  critical
importance  as  Federal,  State  and  Local  governments
increasingly turn to the private sector for many of the
services  that  public   employees  have  traditionally
performed.

     Governments,  through  their  contracts  with  the
private sector, can  set criteria  for many factors such
as quality,  flexibilty, and liability.  Among  the many
issues of importance to both sides when contracting for
provision of these  services  are:  the objectives of the
project, negotiation of a fair and equitable agreement,
and an understanding of the performance measurements. The
legislative  and regulatory requirements  affecting the
formation  and  management of  these contracts  are also
crucial.

     Each entry in this bibliographic report includes a
summary of  the citation  with  the source of  the entry
noted at the end. The bibliograpy is organized into the
following  sections:  Contracting  as  a  Management Tool;
Planning   and   Preparation;   Effective   Management  &
Monitoring  of  Contracts; and  Policy:  Legislation  &
Regulation.   The  bibliography   was  compiled   using
ABI/INFORM and   National Technical Information Service
(NTIS) databases which are accessed through DIALOG.

     A  special  collection  of  materials  on  Contract
Management is being developed in the EPA Headquarters
Library. This collection will be available for use by EPA
contract  and  project  officers   and  other  interested
managers. The  collection will include books  and other
publications on contract issues, including the effective
management  of  contracts,  legislation,   regulation and
policy.

     For  copies   of  the  articles  listed   in  this
bibliography  or   for  information  on   the  Contract
Management collection, contact Sigrid N. Smith, Reference
Librarian, EPA Headquarters Library, (202) 382-5922, or
E-mail address Library.HQ/EPA3738. Other EPA Headquarters
Library management bibliographies are listed at the end
of this bibliography.

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I.CONTRACTING AS A MANAGEMENT TOOL


Evaluation  of Factors  That Influence  Service  Contract Quality
Barnd, D. J.  (Master's thesis)
Naval Postgraduate School, Monterey, CA.
(AD-AD220 128/3/XAB)
Dec 89  69p

Until  recently quality  improvement has  been mainly  applied to
manufacturing. However, experience and the explosive growth of the
services  industry  has shown that  opportunities  for simultaneous
quality improvement must be undertaken.  Today, both the Government
and  contractors  are  facing growing  competitive and  regulatory
pressures to  deliver higher quality  services.  In an  attempt to
comply with these pressures more  emphasis has been  placed on the
inspection process and subsequently on the contract administration
sections  as  they   are  tasked  to  develop  and. apply  efficient
procedures for quality assurance. The research indicated that there
are four factors that  influence service quality. These factors are:
the Quality of Assurance, the Contractor, the Statement  of Work and
the Performance Requirements Summary. The  research concluded that
the Government and  contractors  face the same challenges and must
work together to develop a coherent policy on quality, grounded in
a common language,  common management principles,  common standards
and common goals. (NTIS)


Award  Fee Contracting  as  a  J-Model  Alternative to  Revitalize
Federal Program Management
Hunt, Raymond G.
Public Administration Review v45 n5  pp. 586-592  Sep/Oct 1985

To implement mixed-sector governmental projects effectively, they
must  often  be conducted  as joint  undertakings  by a  government
client  and a private  contractor.  In   practice,  this  requires
provisions to facilitate active  involvement of government managers
in the operations  of  these programs. Award  fee  contracting is a
joint   government/contractor   approach   to   encourage   such
participation. It constitutes an available J-model implementation
methodology   that   is   well-adapted   to   complex   contractual
relationships. Lessons are presented from  recent US Department of
Defense and other experience with this form of contracting. As long
as the government's personnel are skilled  and motivated to manage
their programs, the award fee approach to  contracting establishes
an environment where it is possible for them to do it.  It greatly
enhances  the  power of  government managers  vis-a-vis  contractor
organizations, yet helps  contractor  organizations  as  well  by
encouraging positive,  cooperative  relationships. Moreover, it does
this  directly at operating  levels that  are vital to  increased
productivity.   References.(ABI/INFORM)

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A Decision Analysis Framework  for  a Contractor-Operated in-Plant
Store
Reid, Richard A.; Huth, Carl F.; Roybal, Dennis A.
National Contract Mgmt Jrnl v!9 n2 pp. 37-47 Winter 1985

Government agencies are required to pursue private-sector provision
of certain activities or operations when government provision would
represent  competition  with  private  enterprise  or when  private
contracting would  lead to substantial cost  reductions. A common
means of contracting-out  is  through establishment of contractor-
operated in-plant  stores  (IPS) for the supply of  commonly used
items in  government  agencies.  A  decision analysis  framework is
presented  for  assessing  the  potential  effectiveness  of  IPS
implementation.  Initially,  the commodity supply  problem  must be
analyzed to determine  if  IPS implementation is  feasible.  If so,
data must be collected  to determine needed  IPS characteristics, the
commodities to be involved,  and desired  contractor attributes.
Contractor proposals  must then be invited  and  evaluated.  After
selection of the supplier,  negotiation should  lead to a mutually
beneficial  agreement.  Finally,  the  IPS  must  be  monitored for
performance.  Use of the proposed framework is illustrated via an
IPS  implementation  at  a  government  research   and  development
facility. Tables. Diagrams. References. (ABI/INFORM)


Government-Industry Contracting: What Should the Relationship Be?
Stuart, Derald A.
National Contract Mgmt Jrnl v!7 nl  pp. 47-50  Summer 1983

The  question  of the  proper relationship between government and
industry in contracting for goods and services may be viewed from
5 different and often  conflicting vantage points. These vantage
points are those of: 1. the seller, 2. the buyer, 3. Congress, 4.
the  public,  and 5.   current and  future  users  of  the product.
Furthermore, 4 different environments  can be distinguished: 1. the
classical free market,  2.  the classical oligopoly, 3. the classical
monopoly, and 4.  the nonclassical market of pseudopartnerships with
a single seller and single buyer. An analysis of these environments
and  vantage points demonstrates that a workable  relationship, as
experienced  by  the  defense  industry and  the US  Department of
Defense, is one that is characterized by mutual  trust,  respect, and
dependency. Without such a relationship between the  government and
industry,   a   project  or  program  seems   doomed  to   failure.
(ABI/INFORM)


Growing Opportunities  in  Public Service Contracting
Mercer, James  L.
Harvard Business Review v61 n2  pp.  178,186,188   Mar/Apr  1983

Local governments  all  over  the  country are  turning  to the private
sector  for  provision  of  many services  that  public  employees

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traditionally have performed. As costs rise  and  as tax and other
revenues have difficulty keeping up, the private sector is likely
to find many more opportunities to do work for local governments.
Cost reduction is usually the reason for privatization, since firms
can  utilize  economies of  scale and  other efficiencies  of  both
capital and labor.  Other criteria that local government units use
for  contracting out  include considerations  of  quality,  enabling
legislation,    control,   in-house   and   external   capability,
flexibility,   liability,  union  pressures,  potential  providers,
community  attitudes,  personnel,   and   circumstantial  factors.
Factors to be considered by  both parties are:  1. the negotiation
of  a fair and equitable  agreement,  2.  an understanding about
performance  measurement,   3.  political  perceptions  by  public
officials, citizens,  and community'leaders,  and  4. objectives. A
nonadversary partnership is of the essence if privatization is to
work. Chart.  (ABI/INFORM)


Practices and Problems in  the Management of  Federal Research and
Development
Salasin, John ; Bregman,  Howard
Report No.MTR-7587 (PB81-233249)
MITRE Corp.,  McLean,  VA.  METREK Div.
Sponsor: National Inst. of Mental Health, Rockville, MD.
Jun 77 75p

This paper reports on the results of a survey conducted to provide
an overview of federal research management. The survey was designed
to  provide input  to a  conference at  which significant issues
affecting the management of  research  might be  further discussed.
The  survey contained  questions addressing  functions which  are
carried out in the management of research  programs,  techniques used
in carrying out the functions, and problems encountered in managing
the programs. While the major part of a manager's time and effort
may  be  spent  in  fiscal  and  personnel  administration,  or  in
'lobbying'  for  his/her  program,   the   survey   emphasized  those
management functions  which  relate to the substantive content of the
research. Open ended questions  were provided to  give managers an
opportunity  to  describe what  they perceived  as  their  greatest
problems  in  managing research,   and to describe  their  major
achievements in improving management.   (NTIS)


Problems  in  the  Management of  Federal Contract  Research Centers
Waks, Norman
Report No. MTP-119 (PB-197 109)
Mitre Corp.,  Bedford, Mass.
Sep 70  34p

The paper is  a response to  a  request from the Center for Strategic
and International Studies of Georgetown University for a background
paper on Federal Contract Research Centers. It attempts to list a

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select number of the major management problems of FCRCs being borne
by those institutional groups most.interested in FCRCs, and to show
that these  problems—indeed,  the approach  taken  to most  of the
literature on the topic—has its origins, directly or indirectly,
in the markedly different attitudes people have about FCRCs. (NTIS)


II. PLANKING AMD PREPARATION
Purchase of Service Contracting: Two Models
Kettner, Peter M.; Martin, Lawrence L.
Administration in Social Work v!4 nl  pp. 15-30  1990

Purchase of service contracting  (POSC)  has  been a major practice
in human service delivery for more than a decade. In an attempt to
develop a theoretical framework for thinking systematically about
POSC, 2 alternative approaches are conceptualized the partnership
model and the  market model. The 2 models are  conceptualized as pure
types anchoring  opposite ends of  a continuum. A  secondary data
analysis of a national study of the POSC practices of the 50 state
Social  Services  Block Grant  agencies  was  conducted to  test and
validate the  basic  assumptions of the  framework.  The  study data
provide strong support for the existence of the partnership model
and market model of POSC as an organizing  theoretical framework.
Of the  2 models,  the partnership  model is the  more  internally
consistent. There is clearly an underlying pattern that unites the
partnership model  POSC decision factors and  POSC administrative
mechanisms. Charts.  Tables. References. (ABI/INFORM)


Decision analysis methods for selecting RFP  (Request for Proposal)
responses
Hartley, D. S. ; Snyder, C.  ; Boling, M.
Report No.: K/DSRD-181 (DE90004003/XAB)
Sponsor: Department of Energy, Washington,  DC.
Sep 89  13p

Alternative methodologies are  described for  deciding  the best
response to a Request for Proposal  (RFP) and the implications for
each methodology are discussed.  The differences in the resulting
decisions   that  may  occur   under   different   decisionmaking
methodologies  emphasize  the  importance of   choosing  a  method
appropriate to the problem.  For  choosing a  response  to an RFP, a
multiplicative  combination  that  reflects  the  probability  of
success/failure may be important. 4 refs.,  2 figs., 2 tabs.
(NTIS)

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Unbalanced Bidding in Government Contracts
Bell, M. L.  (Master's thesis)
Air Force Inst. of Tech., Wright-Patterson AFB, OH.
Report No. AFIT/CI/CIA-89-132 (AD-A217 379/7/XAB)
19 Feb 89 105p

This chapter presents a  general  overview of unbalanced offers i
the  Government  procurement process  focusing  on  how they  ar
recognized  and  when  they  are  unacceptable.  In  the  course  o
procuring needed goods  and  services  the Government  agency wil
solicit offers  from  interested  contractors.  The solicitation ma;
be requesting  offers to  perform a single or  multi-year supply
service, or construction contract; a variable quantity  service o:
supply  contract,  an option  contract,  or a  single or  multi-itej
supply contract. Regardless  of the type of contract vehicle use<
by  the agency,  the  goal  is  the  same: to make  award to  th<
competitor whose offer  is  most  advantageous to  the Government.
Contracts. (NTIS)


Clearing Purchase Hurdles
Surden, Esther
Computerworld v22 n43  pp. 83,85  Oct 24, 1988

Federal  data  processing  managers  are  faced  with   legislated
justification procedures  and procurement regulations mandating that
extreme care be taken in  any acquisition. Because procurements may
take several years in areas  where technology  is advancing rapidly,
computer systems and methods become obsolete almost as soon as they
are installed. International Data Corp.'s Procurement Information
Management Service's  Eben Townes  believes  that one  solution  is
better upfront  planning  to  head off protests  that cause delays.
Lynn  Furman  of  the Office of  Personnel  Management suggests
developing contractual  instruments that are flexible,  have  the
potential  for  duration, and  allow  incorporation of options.
Further, contracts could be made variable, so that  quantities can
be ordered as funding allows.   The involvement of all  interested
parties, such as program planners and contracting officers, in an
acquisition  offers   a   better  chance   of   minimizing  delays.
(ABI/INFORM)


Investigation into the Effect of  Contracting with Small  Businesses
on Procurement Workload  (Final rept)
Moshman Associates, Inc., Bethesda, MD.
(PB89-152805/XAB)
Sponsor: Small Business Administration,  Washington,  DC.  Office of
Advocacy.
4 Feb 88 73p

The study investigated if contracting with small businesses
increases the workload in procurement offices,  as measured by the

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ratio  of  contract  actions  to   procurement   personnel  or  by
procurement salaries per action. (NTIS)


An  Ov«rvi«w  of  Small  and  Disadvantage  Business  Contracting
Seidman, Paul J.
National Contract Mgmt Jrnl v!9 nl  pp.  5-19  Summer 1985

In  order to  realize the  strategic benefits  of small  business
participation in  the defense  industrial  base,the declared policy
of  Congress,as  stated in  the Small Business  Act,  is to ''aid,
counsel, assist,  and protect...the  interests  of small  business
concerns.'' One  advantage  given to small businesses  is  the  set-
aside program, under which contracts are reserved exclusively for
small businesses.  There are  3 types of set-aside programs:  1.
traditional,  2.  small business purchase,  and 3. small  business
innovation research. Section  8 (a)  of the Small Business  Act also
gives special advantages to minority-owned  small businesses. The
benefits under  8(a)  include  the award of federal contracts  on a
sole-source basis,  interest-free  loans  in  the form  of advance
payments,  and  the  gift  of  government  funds.  In  order to  be
eligible,the  firm must be a  small business;it must  be  owned by
economically  and socially disadvantaged  individuals,and it  must
have  a  reasonable   prospect  for  success   in   the   private
sector.References.  (ABI/INFORM)


Prime Contractors Qualifying Additional sources, July  1985
(Report  to the Congress)
Office of Management and Budget, Washington,  DC.  Office of Federal
Procurement Policy.
(PB90-199217/XAB)
1 Jul 85 42p

The report  discusses the  Office  of Federal Procurement  Policy's
(OFPP's) views  regarding  the  various methods that may be used  to
qualify  competitive  sources   for subsystems,  assemblies,  and
components of major systems,  and the feasibility and  desirability
of   acquiring  prime  contractors'  qualification   standards  and
processes  as  deliverable  items under contracts. The  consensus  of
views received  and  the data analyzed indicate that major systems
are unique  in  terms  of  time, cost,  technology,  mission,  and
management  requirements.  The  report  outlines  methods  used  to
qualify  competitive sources,  i.e.,  vendor qualification and product
qualification.  The  report  offers  specific guidelines  for agencies
and  departments   to   follow  in  making   decisions   regarding
qualification of sources and  the acquisition of  qualification
processes  from  contractors.
 (NTIS)

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 National   Security   Management: -  Performance   Appraisals   fo
 Contractors
 Anderson,  John H., Jr.;  Stapleton,  Alan M.
 Bureaucrat vl3 n2  pp.  43-46   Summer  1984

 The  US  Air Force has developed a performance  appraisal  process t
 assess  the quality and  quantity of  services provided by Air Foro
 contractors.  The Office of Personnel Management has developed ,
 similar system to measure  federal employees'  performance.  The  Ai:
 Force's system  was  created  in response to:  1.  an  increase  ii
 contracting   out,  2.  a  lack  of  power to   directly  supervisi
 contractor personnel, and 3. the lack of objective standards, whicl
 made  it   difficult   to  take  action  against   contractors  fo]
 unsatisfactory work. The 0PM  set up its appraisal in response t<
 the  Civil  Service  Reform Act  of 1978. In both systems, objectivt
 performance  standards are based  on job  analysis techniques.  Th«
 Department of Defense has also developed generic standards for more
 than 50 functions in the  department,  and  the OPM is researching
 generic standards  for large  occupational groups.  Although bott
 systems can  save money and  increase  productivity,  both  systems
 could   be  improved   if  the   groups   shared   their  experiences.
 References.  (ABI/INFORM)


 Relaxing the Government's ''Firm Bid  Rule11  When Bids Have Been
 Extended:  A  Recommendation
 Farber, Robert A.
 National Contract Mgmt Jrnl v!8  nl  pp. 35-43  Summer 1984

 Of  the thousands  of procurement  actions  accomplished by  large
 purchase solicitation, most are  processed within  the original  bid
 period. However, when the federal  government  does not  do  so,  it
 places  the  bidders   in a precarious  position.  In formal  bid
 advertising,  the bidder may modify  his bid  any time prior  to  the
 bid  opening. However, once bid opening occurs, the bid  is binding
 for  the period specified in the  bid and any agreed upon extension
 period.  Most  of  the  reported  court decisions have involved
 withdrawal attempts during the original bid period or have made no
 attempt to distinguish  the different considerations necessary in
 applying the rule where  the bidder has attempted to withdraw  during
 the period of extended acceptance. After considering the arguments
 for and against relaxing the firm bid rule, it  is recommended that,
when unforeseen delays require that bid extensions be obtained,  the
 contracting  officer  should ask  that  the several lowest bidders
extend their bids for some  fixed period with the proviso that they
be permitted to withdraw their bids  prior to the award.  Advantages
would accrue  to both  the government and to the bidders. References.
 (ABI/INFORM)

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The Government's Duty to Communicate An Expanding Obligation
Gould, Alan; Leonard, Robin; Gore, Robert
National Contract Mgmt Jrnl v!8 nl  pp. 45-49  Summer 1984

Upon entering into a public contract,  the  government has a legal
duty  to  disclose  to  a  contractor  information  pertinent  to
performance of the contract. The government has a duty to disclose
any  superior knowledge  in  its  possession  and  has  a  duty  to
communicate  the fullest and most accurate  information  possible
about the contract requirements.  The  courts  have not always been
clear  about the  relationship between  the doctrine  of  superior
knowledge and the duty to communicate. Until recently, the courts
have limited the government's duty to the disclosure of factual
material. However, in  the  Automated  Services Inc.  (ASI)  opinion,
the General Services  Administration Board of Contract Appeals held
that the government breached its implied duty to communicate when
it failed to disclose  the  full  scope  of its views concerning the
contractor's ability to  fulfill the  contract,  thus expanding the
obligation to nonfactual information as well. Chart.  References.
(ABI/INFORM)


Financial Management and Data Processing Considerations for Fixed
Price Contracts/Subcontracts with Progress Payments
Curry, William  S.
National Contract Mgmt Jrnl v!6 nl  pp. 59-66  Summer 1982

Contract administration  of fixed  price contracts or subcontracts
with provisions for progress payments requires the forecasting of
cash  payments.  A  simulation of  the contract  is  one method of
calculating  this  data.  The simulation will include such data as:
1. actual cost  incurrence,  2. progress payments,  3. deliveries, 4.
partial payments,  and  5.  liquidation of progress payments.  This
simulation data will also  aid record keeping for these contracts.
The contract administrator for a  contract with progress payments
has  full responsibility for  approving payments,  insuring that
progress payments will be  fully liquidated during the life of the
contract,  disapproving progress  payments exceeding  the maximum
allowable level,  and tracking cost incurrence versus contractual
milestones.  Further,  the administrator  may  invoke suspension of
payments and other alternatives if the supplier's performance is
unsatisfactory. The  formats and  directions to  the recommended
simulation   are  offered   as aids  to   administrators.  Figures.
Appendices.  (ABI/INFORM)
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A  Guide  for  Applying  the  Concepts  of  Life  Cycle costing  t<
Procurements by state and Local Governments
Logistics Management Inst., Washington, D.C.
Report No. NBS-GCR-ETIP-76-17 (PB-254 233/0)
1976 209p

The  guide has  been developed  to assist  the  public  purchasing
community to more fully understand, and  use the elements of lif€
cycle  costing  in  the procurement  process.  The  guide  contains
chapters  on concept and theory of  LCC,  use of  LCC in equipment
purchases, use  of warrantees in LCC structuring LCC procurements
and  selected  case  studies  plus appropriate contract  clauses  in
equipment procurement. The  guide  has  application at the Federal,
State and local levels of procurement activity and for industrial
purchasing agents as well. The guide was developed as part of the
Experimental Technology Incentives  Program's research  in the use
of procurement policies in .providing incentives to innovation and
technological change. (NTIS)


An Evaluation of Contractor Projected and Actual Costs
Kwiatkowski, K. A.  ; Buffalano, C.
Report No. NASA-TN-D-7644; D-7644 (N74-27453/1)
National Aeronautics and Space Administration. Goddard Space Flight
Center, Greenbelt, Md.
Jun 74  16p

GSFC contractors with cost-plus contracts  provide cost estimates
for each  of the next four quarters on a quarterly basis.  Actual
expenditures over a  two-year period were compared to the estimates,
and  the data  were  sorted  in different ways  to  answer several
questions and  give quantification to observations, such  as how much
does the  accuracy of estimates degrade as  they are made further
into the future. Are estimates made for small dollar amounts more
accurate than  for large dollar estimates? Other government agencies
and private companies with  cost-plus  contracts may be interested
in this analysis as potential methods of contract management for
their organizations. It provides  them with the different methods
one organization is beginning to use to control costs.
(NTIS)

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III.EFFECTIVE MANAGEMENT & MONITORING OF CONTRACTS


Electronic Data Interchange in Procurement
(Final rept)
Drake, D. J. ; Ciucci, J. A. ; Milbrandt, B.
Logistics Management Inst., Bethesda, MD.
Report No. LMI-PL904RI (AD221 112/6/XAB)
Apr 90  88p

Evaluates the issues associated with implementation of electronic
data interchange (EDI) to Government procurement. Provides detailed
analysis  of  the advantages of EDI  and  how it can be  applied to
primarily  small purchases  under  Federal  Acquisition  Regulation
(FAR) Part  13.  Provides  a sample trading partner  agreement and
recommends  changes to  the FAR  to  recognize  EDI  in  Government
procurement. This report also discusses such issues as electronic
signatures,  electronic  records,   paperless  contracting,  legal
sufficiency, small business opportunities, security of competition-
sensitive information, and implementation. (NTIS)


Guide  to  Special  Considerations   in  Government  Research  and
Development Contracting
Rodriguez-Morales, 0. V.  (Master's thesis)
Air  Force Inst.  of  Tech., Wright-Patterson  AFB, OH.  School of
Systems and Logistics.
Report No. AFIT/GCM/LSP/89S-9  (AD-A216  345/9/XAB)
Sep 89 109p

This   thesis   researched  applicable   literature   on  special
characteristics related to Government R&D contracting.  Emphasis was
placed on small dollar government  R&D procurement. A comprehensive
literature   review,   together  with  informal  interviews   with
contracting  personnel  from RADC  Griffiss AFB  NY  were  used to
develop  this  study.  The  special  characteristics  include R&D
definitions,  different  stages in  R&D, R&D's interaction with the
economy,  technical  considerations  in  R&D,  R&D  contract  types,
competition and R&D,  roles of critical officers in R&D contracting,
and some performance problems encountered in R&D.  The  research for
this  study showed that R&D  is  a  fundamental  component of  this
nation's  technological leadership. Better training is  required for
personnel involved  in  R&D  procurement.  Contracting  Officers,
Program  Managers,  and Contract Administrators are part  of  a very
important team which is in charge  of  supervising the efficiency and
effectiveness  of  government  R&D  procurement.  Most  of the
performance problems encountered  in government R&D procurement can
and should be resolved for its success.  This study will become part
of NCMA's Body of Knowledge  library.  It  condenses  the  special
considerations  in government R&D contracting  in  a manner  that  is
easily  accessible to interested  readers with some experience  in
government contracting.  (NTIS)

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issues in  the  Development of Monitoring Systems  for Purchase of
Service Contracting
Kettner,  Peter M.; Martin, Lawrence L.
Administration in Social Work v9 n3  pp. 69-82  Fall 1985

Because of declining resources and increasing emphasis on service
efficiency and effectiveness, monitoring programs for purchase of
service contract  (POSC)  should be an area of  serious concern to
human  service  administrators.  POSC monitoring  is  the  periodic
review and documentation of the contractor's progress  in fulfilling
the terms  of the contract,  the identification of areas  in which
corrective action is required, and follow-up to make certain that
corrective  action is  successfully  taken.  There  are 4  primary
purposes  of  POSC monitoring:  1.   assuring  accountability,  2.
assuring compliance with the terms and conditions  of the contract,
3. identifying problem areas, and 4. providing decision makers with
information for  future  planning.  Among  the features  that a well-
designed monitoring system should  include are a clear statement of
philosophy, concise,  focused monitoring reports, and timely reviews
of contractor reports and claims.  References.  (ABI/INFORM)


Analyzing  Performance   of  Small  Projects  Using  URS and  PMAS.
Information Pamphlet
Department  of  Energy,  Washington,  DC.  Office   of   Project  and
Facilities Management.
Report No. DOE/MA-0184   (DE85011964/XAB)
Mar 85  64p

This pamphlet addresses some basic tools used  in the analysis of
small project performance, the Uniform Reporting System (URS) and
the Performance Measurement Analysis System (PMAS) . The flexibility
inherent in the  URS  allows DOE project managers  the latitude to
negotiate  with  contractors  several key  elements  in  contract
performance measurement.  Through  reviews  of  management  systems
documentation,  analysis  of reports, orientation briefings, and site
visits, the project team can obtain a good understanding of how the
contractor plans and controls work.  This knowledge assists them in
performing  data  analysis by  understanding how  the  data  is put
together. The key performance measurement data, which are taken or
calculated  from  the  cost  and schedule  report,   quantifies  the
overall  effect  of the  small problems  that  the  project  manager
frequently deals with.  As important as daily contact with project
progress  is in  management  of  smaller  projects,  it  is  equally
important to be aware of  overall  progress  and  the general trend.
The  PMAS  easily permits  management to   periodically focus  on
contract  performance   trends   and  forecast   contract  cost  at
completion by using simple graphic displays  and supporting reports.
(NTIS)
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Managing a Solution to the Procurement Fraud Problem
Kenney,  Robert J., Jr.
National Contract Mgmt Jrnl vis n2  pp. 19-27  Fall 1984

Fraud and abuse in the federal procurement process is not so much
a legal  problem as a  management problem. Thus,  contractors can
institute  management  practices  to help  ensure  compliance  with
procurement law and standards. Such procedures must be based on a
clear  understanding  of  how  the company  works.  A  successful
compliance program  will have  the unambiguous commitment  of top
management and  will be  implemented  through  existing management
channels. The core of  the program will  be  a set of straightforward
rules cast in  a  ' 'DO1 '  and  ''DO NOT11  format.  The compliance
program  must  be  reinforced with  information systems  that  make
compliance feasible. The  information system  must be backed by an
effective  system  for   monitoring   compliance   and  reporting
noncompliance.  While  some questions of  equity might  be raised,
management will generally  do well  to  impose a  policy  of the
strictest  discipline   in  regard  to  procurement  compliance.
(ABI/INFORM)


IV. ENVIRONMENTAL CONTRACT ISSUES


Environmental   Liability:   "Uncertain  Times11   for   Government
Contractors
Lee, Robert T.
National Contract Mgmt Jrnl v23 n2  pp. 45-53  1990

Whether  they  are  involved  with  the  government as  operators of
government-owned, contractor-operated  facilities or in production
contracts  carried  out  at   their contractor-owned,  contractor-
operated  facilities,  contractors must be aware  of  contract law
associated with environmental  requirements, civil litigation, and
criminal law.  A major area of environmental compliance  that affects
government contractors has  been  liabilities  associated with the
federal  Superfund  law.  This  law has   resulted  in  government
contractor liabilities for  cleanups  related to  the  disposal of
hazardous  wastes  thought to have been disposed.  The government
contractor is most  likely concerned with  environmental compliance
requirements  in the contract  itself and  the  extent to which the
government  contractor  may  allocate  to  the  government   costs
associated with environmental  compliance, fines, and penalties. A
government contractor involved  as a  defendant  in environmental
litigation must try to involve the federal government itself as a
defendant or codefendant. References.  (ABI/INFORM)
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Cleanup Contracts  Can Contain Hidden  Risk; Contractors  Told to
Check Many Variables
Harty, Sara J.
Business Insurance v24 n48B  pp.  22-23  Nov 26, 1990

Contractors cleaning up hazardous waste sites must make sure they
cannot be held liable  for pollution at the site  they are attempting
to clean up,  said James E.  Freeman  of  Kellogg  Corp.   Speaking at
the loth annual Construction Insurance Conference, Freeman warned
that cleanup contractors must be certain that their contracts are
properly  worded  to  avoid  hidden  liabilities.    The  cleanup
contractor can become a potentially  responsible party if it can be
demonstrated that, because of the contractor's operations at that
site, there  was an actual  or  a  threatened release  of hazardous
substances to the environment.  Once  contractors become involved in
cleanup  operations,   they  can be  linked to  the  site   and  its
pollution  liabilities  forever.   Pollution cleanup  contractors
attempting to gauge whether there are any hidden liabilities at a
hazardous waste site can use a series of checklists to assess risks
before signing  a  contract.  A group of  contractors  developed the
checklists as a result of discussions at the 5th annual meeting of
the Hazardous Waste Action Coalition.    (ABI/INFORM)


Environmental Services
Sternberg, Ken
Chemical Week v!46 n!7  pp. 20-23  May 2, 1990

Environmental  Protection Agency  (EPA)  chief William  K.  Reilly's
mandate to make polluters  pay for  cleanups  is restructuring the
environmental  services  industry.   Companies   that  in  the  past
profited on government cleanup  contracts now struggle with flat or
declining margins. Others  that developed their  own  niches enjoy
earnings growth of up to 30% a year.  Escalating liabilities and
costs for environmental cleanups have made specialty consulting and
hazardous waste remediation lucrative.  The need for these services
is  just  as   strong  in  Europe.  US-based environmental  service
companies are interested in these opportunities; many have operated
in Europe for several years,  and others  are ready  to  enter.  The
advantage in  the US  is the large  market opportunity driven by
tighter federal  regulations.   European  regulations  will  tighten
also,  as  rising  popular  demand  there  to  fix  long-standing
environmental problems creates a large pool of need for technical
expertise. Market  opportunities  in  Western Europe vary  from one
country to another. The best chance for  US companies  is  to form
partnerships with existing companies and complement gaps in their
services. (ABI/INFORM)
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Superfund Dialogue Needed
Mclntyre, Kathryn J.
Business Insurance v24 n3  pp. 3,30  Jan 15,  1990

Several  Superfund  experts   agree   that   the  property-casualty
insurance industry must negotiate with environmental groups before
proposing changes in the liability and cleanup funding provisions
of the Superfund  law.  E.  Donald  Elliott,  assistant administrator
and general counsel of the Environmental Protection Agency (EPA),
advised insurance company executives to try to develop a dialogue
with the environmental community.  The property-casualty insurance
industry,  which  is  being  sued  by  its  policyholders to  cover
Superfund cleanup  costs,  has advocated amending a  1980  law that
holds parties jointly and severally liable for government-mandated
cleanups of  pollution caused decades ago. Insurers contend that
their contracts never were intended to cover such liabilities and
have advocated a no-fault funding system for cleaning up pollution
at Superfund  sites  that took place before the  Superfund  law was
passed. William H.  Bolinder of Zurich Insurance  Co.  suggested that
money could be raised by imposing a new tax on toxic materials and
products that contain toxic materials. (ABI/INFORM)


A Practical Guide to Environmental Indemnification Agreements
Dore, Michael
Defense Counsel Jrnl v55 n3  pp.  297-300  Jul 1988

The demand for and the negotiation of  environmental indemnification
agreements have grown dramatically. Environmental indemnification
agreements are used  in a wide variety of  situations, such as:  1.
when  real  property  or industrial  establishments  are   sold   or
transferred,  or  2.  when environmental investigations or cleanups
are  performed.   State  law  determines  the  enforceability   of
environmental indemnification  agreements.   States generally have
found  that  parties  may  be  indemnified with respect  to  the
imposition  of strict liability.  The  federal  Superfund  statute
provides that, while indemnification agreements  do  not  protect the
contracting  parties  from liability to the  government or injured
third  parties,  they  are enforceable as  between  the  contracting
parties.  Some of the  key  issues  to consider when evaluating  an
environmental indemnification agreement are: 1. the identity of the
party  giving  the  indemnity,  2. the treatment of the officers and
directors of the indemnitees, 3.  the standard of liability that  is
protected   against,   and   4.  the   relationship   between  the
indemnification   obligation   and   the   indemnitee's  insurance
protection. References.   (ABI/INFORM)
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V. POLICY; LEGISLATION & REGULATION


What Is C/SCSC? In English, Please!
Grskovich, Donald L.
National Contract Mgmt Jrnl v23 n2  pp. 25-32  1990

Cost schedule  control systems  criteria  (C/SCSC)  were developed
because the US  government needed a way to  reliably quantify the
costs  of  planned procurements  before  they were begun.  The main
objectives  of  C/SCSC  are  to  require  contractors  to  employ
management control systems for cost-schedule planning and tracking
and to provide timely and auditable data for use by the contractor
and  custom project-contract  management.  A  1967  Department  of
Defense  (DOD)  document  defined 35 criteria  that  the  DOD would
impose on management control systems of contractors with which it
did business.  These criteria involve: 1. organization,  2. planning
and budgeting,  3.  accounting, 4.   analysis, and 5. revisions and
access to data. The  4  steps  in  C/SCSC  are:  1. establishment of a
base line,  2.  management of the  base line,  3.  measurement  of
performance as the work is done, and 4. assessment  of what  is left
to be  accomplished and  projection of  the  estimate  to complete.
Tables. (ABI/INFORM)


Federal Ethics Reforms Pose New Dilemmas for Contractors
Kidd, Yvonne
Inform v4 n4  pp. 74,76  Apr 1990

Over the past year, a series of laws has been enacted by Congress
that are  intended to  stem greed  and  corruption  in  the  federal
procurement system. To put the laws into practice,  the government
must assure that public contracts are awarded  fairly and not based
on considerations or personal gain. At the same time, it must not
so criminalize and burden the system that  companies no longer want
to do  business with the  government.  One  of  these laws  is the
Procurement Integrity Act. It was suspended as part of the Ethics
Reform Act of 1989 because it confused agencies and vendors as to
what kinds  of  conduct  and interactions  were prohibited.  In  an
attempt  to  weed   out   unfair   competitive  advantages  in  the
procurement process, the  consultant conflict  of interest law and
implementing guidance issued by the Office of Management and Budget
impose   substantial  reporting   requirements   on  contractors.
(ABI/INFORM)


Regulatory Relief:  Simplifying  and Eliminating Contract Clauses.
Volume 1
Logistics Management Inst., Bethesda,  MD.
Report NO.LMI-PL903RI-VOL-1 (AD-224 768/2/XAB) Nov 89 152p

This report  sets  forth  our  analysis  of  the  1,090  solicitation

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provisions,  contract  clauses,   and  alternates  in  the  Federal
Acquisition Regulation  (FAR) and the DoD FAR Supplement (DFARS).
Contract clauses  and solicitation provisions -  hereafter simply
called 'clauses' are  a principal means of implementing the policies
contained in the acquisition regulations. The report presents such
information about the clauses as whether their origin is statutory
or nonstatutory.  'Statutory1 is  used here to embrace clauses based
on law,  Executive order, Office of  Management  and  Budget (OMB)
circular,  Office  of Federal  Procurement Policy   (OFPP)  policy
letter,  other  executive  branch  directive,  or  nonprocurement
regulation published in the Code of Federal Regulations. The report
also indicates whether the clause flows  down to subcontractors and
the tier to which flowdown occurs.  In the rest of this report, we
first describe (Chapter 2) the coding conventions used to present
our  review and  analysis of the  clauses.   This description  is
followed in Chapter  3  by the detailed  report on the 451 clauses
(including alternates)  from  the DFARS, presented in numerical order
by DFARS part. (NTIS)


Regulatory R«li«f: Simplifying  and Eliminating Contract Clauses.
Volume 2
Logistics Management Inst.,  Bethesda,  MD.
Report No. LMI-PL903RI-VOL-2 (AD-A224 767/4/XAB)
NOV 89 17lp

This  report  sets forth our analysis  of the  1,090 solicitation
provisions,  contract  clauses,   and  alternates  in  the  Federal
Acquisition Regulation  (FAR) and the DoD FAR Supplement (DFARS).
Contract clauses  and solicitation provisions  -  hereafter simply
called 'clauses' are  a principal means of implementing the policies
contained in the  acquisition regulations. The report presents such
information about the clauses as whether their origin is statutory
or nonstatutory.  'Statutory' is used here to embrace clauses based
on law,  Executive order, Office of  Management  and Budget (OEM)
circular,  Office of Federal  Procurement Policy   (OFPP)  policy
letter,  other  executive  branch  directive,  or  nonprocurement
regulation published in the  Code  of Federal Regulations. The report
also indicates whether the clause flows  down to subcontractors and
the tier to which flowdown  occurs. Finally,  Chapter 4 arrays the
639 clauses (including alternates)  from the FAR,  also in numerical
order by part. (NTIS)


Regulation of Federal Contractors' Employment Patterns
Meyers, Edward M.
Public Administration Review v49 nl  pp. 52-60   Jan/Feb 1989

Social regulation focuses principally on matters of health, safety,
environmental  protection,  and  social practices. It is generally
implemented  through single-headed line agencies that  are under
presidential  authority within  the executive branch.  The rise  in

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social regulation in the 1960s and 1970s led to a reexamination in
the 1980s by corporations,  the general public, and elected leaders
of the desirability of  such controls. It  was  within this context
that a sharp deemphasis was placed on the regulatory  actions of the
Department  of  Labor's   Office  of  Federal  Contract  Compliance
Programs   (OFCCP).   The  OFCCP   is  responsible   for  ensuring
nondiscrimination in the workforce  of federal contractors.  There
are 3 major  causes  of the  OFCCP deemphasis of affirmative action
enforcement: 1.  lack of  executive branch leadership, 2. inadequate
congressional oversight, and 3. the  difficulty of achieving social
regulation of minority  interests.   Several options  are available
to  policymakers considering a  renewed  emphasis on  affirmative
action among federal contractors.   References. (ABI/INFORM)


The OFCCP in 1989: Where It's At and Where It's Going
McCulloch, Kenneth J.
Employment Relations Today v!5 n4   pp.  305-311  Winter 1988/1989

The US Department of Labor's Office  of Federal Contract Compliance
Programs  (OFCCP) is charged with enforcing a series of
Executive  Orders  directed toward  employers  that are  federal
government contractors  or  subcontractors. The OFCCP  is  the only
federal agency with the authority to request or require employers
to take  prospective affirmative  action in the  workplace.  Recent
judicial,   legislative,   and   organizational   developments  and
demographic changes have confirmed the government's commitment to
affirmative  action  and solidified the   OFCCP's   position.  For
example, in California Federal Savings and Loan Association versus
Guerra,  the  Supreme Court upheld  the validity of a California
statute granting special pregnancy leave rights.  Personnel changes
that have affected the OFCCP have also been significant,  as has a
policy change aimed at opening the top level of corporate jobs to
women and  minorities. As the agency most attuned  to  affirmative
action and changing demographics,   the OFCCP  may be  in  the best
position  to  deal  with the  aging workforce.  Tables.   Graphs.
(ABI/INFORM)


The Truth in Negotiations Act:  A Primer
Feldman, Steven W.
National Contract Mgmt Jrnl v21 n2  pp.  67-81 Winter 1988

The purpose of the Truth in Negotiations Act is to ensure that the
government obtains fair  and reasonable prices on certain contracts
by requiring contractors and subcontractors to disclose all known
facts  at the time  of  negotiations that  could  have  a  material
impact. The Federal Acquisition Regulation (FAR)  implements the Act
in executive contracting agencies and elaborates on it in several
important respects.  FAR  sets forth the basic rules for disclosure,
and  it  recognizes  3   mandatory  exemptions  to  the  submission
requirements,including  prices:1.based  on adequate competition,

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2. based  on catalog  or  market prices,  and  3.  set by  law  or
regulation. FAR also sets forth a standard certificate of current
cost or pricing data,  which should be used verbatim  to  ensure a
legally correct certificate.If, afteraward,  the government learns
that the  contractor submitted  defective  data,the government  is
allowed a price adjustment. References.  (ABI/INFORM)


Understanding the submission Requirement for Cost or Pricing Data
Lovitky, Jeffrey A.
National Contract Mgmt Jrnl v21 nl  pp.  57-65  Summer 1987

The Truth in Negotiations Act mandates the submission of cost and
pricing data in all  contract  negotiations  exceeding  $100,000 and
applies  to  both  civilian  and  military  agency  procurements.
However, government regulations provide little guidance on how cost
and pricing data  should be furnished. Guidance  contained  in the
Armed  Services  Pricing  Manual (ASPM) requires  that each  major
category of cost be broken down into its constituent elements.  The
ASPM provides little guidance, however,  on the submission of data
applicable to indirect  costs.  In  view of  the manual's omissions,
some major systems contractors attach the  commonly used Standard
Form 1411  to  information relating to the  Defense Contract Audit
Agency's   audit    of   the   contractors'    indirect   costs,   an
unsatisfactory practice. More  effective  guidance  is needed  in
evaluating the adequacy of data submissions.  Tables. References.
(ABI/INFORM)


An  Evaluation  of  Federal  Contract  Set-Aside Goals  in  Reducing
Socioeconomic Discrimination
Black, Dennis E.
National Contract Mgmt Jrnl v20 n2  pp.  87-104  Winter 1987

In  October 1978,  Congress created  a new  contract  goal-setting
procedure  with the aim  of  more  effectively implementing federal
contract   set-aside  programs  targeted   to  socioeconomically
disadvantaged groups. A systematic analysis of the effectiveness
of  federal  contract   goal  setting  in  reducing  socioeconomic
discrimination was conducted. It was found that most agencies took
a conservative approach by  proposing annual goals they were certain
could be met.  It also was found that the goal-setting procedure did
not   significantly   increase   federal    contract    dollars   to
socioeconomically    disadvantaged   groups.   Federal   agencies
consistently met  or exceeded their goals,  but there has been no
increase in the annual  share of federal contract  dollars going to
4  targeted groups which were  examined. It  is concluded that the
federal  contracting process  does  not  appear to be effective.
Tables. Graphs. References.  (ABI/INFORM)
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Cost  and  Pricing  Data  Defined: .An Analysis  of  the Scope  of
Contractor  Disclosure  Requirements  Pursuant  to   the  Truth  in
Negotiations Act
Lovitky, Jeffrey A.
National Contract Mgmt Jrnl v20 n2  pp. 79-85  Winter 1987

The Truth  in Negotiations Act  of 1962 requires the submission of
complete, current,  and accurate cost and pricing data prior to the
awarding of any  negotiated  contract over  $100,000.  It is argued
that  any workable definition  of cost  and pricing data  must  be
equally  applicable  to  3  cost  elements:  1.  direct  labor,  2.
material,  and  3.   indirect costs.   It  is   concluded  that  the
requirement for submission of cost and pricing data  is an intrusive
tool  the  government  may  use  to  obtain  a  broad spectrum  of
information  concerning  a  contractor's business   activities.  In
addition,  unless pressed for specific categories  of information,
contractors are unlikely to disclose all  that is  required by the
statute. Recent  legislative enactments,  however,  indicate,  that
Congress  is  serious  about Truth   in  Negotiations.  Therefore,
contractors  should be  careful to  submit the  appropriate  data.
References. (ABI/INFORM)


Ethics in Government Contracting: Putting Your House in Order
Mur, Raphael
National Contract Mgmt Jrnl v20 n2  pp. 15-50  Winter 1987

The original purpose of the  "Grumman Code  of  Business Conduct" was
solely to  protect  shareholders' interests.  The current version,
approved in October 1986,. evolved in response to changing external
conditions, that is,  increased  enforcement and increased penalties
in the antitrust area  and enforcement followed by legislation in
the foreign  corrupt practices  area.   The Department  of  Defense
inspector  general  (IG)  reissued  a   former  document that  is  now
referred to as the  "Red  Book."  An analysis of the development of
the Grumman  Code addresses: 1.   labor mischarging, 2. cost  and
pricing data,  3.  product substitution, 4.  independent research and
development and bid  and  proposals,  5.  business meals,  6.  retired
personnel,  7.  classified  documents,  and  8.  audit  reports.  A
compliance  program  should  include  such  key  elements  as  an
examination of  relevant government  statistics,  regulations,  and
policies,  a selfexamination in critical  areas, and a  continuing
education program.  Diagrams. Appendix.  (ABI/INFORM)


The "New Morality" Environment in Government Contracts
Dees,  C. Stanley
National Contract Mgmt Jrnl v20 n2  pp. 1-14  Winter 1987

There is a new focus on procurement fraud, waste,  and abuse that
has resulted in  legislation and an  increased volume of criminal
investigations  and  prosecutions.   The  Department of  Defense

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inspector general  points  to 8 specific  areas in which  fraud is
suspected: 1. obtaining government contracts,  2. defective pricing,
3. collusive bidding and price  fixing,  4.  cost  mischarging,  5.
product substitution, 6. progress payment fraud,  7. fast pay fraud,
and  8.  bribery,  gratuities,  and  conflicts of  interest.  This
increased interest in procurement fraud ultimately will result in
a weakened national  security. Although defense  contract fraud is
a serious problem,  it is not as prevalent as many believe. Neither
an increase  in  government  regulation nor  the  repeated use  of
criminal sanctions will make the  defense acquisition system more
effective. Individual contractors must devise and maintain a system
of self-governance.  (ABI/INFORM)


The Service Contract Act:  Navigating the Labyrinth
Kennedy, Robert A.
Compensation & Benefits Review v!8 n4  pp. 21-27  Jul/Aug 1986

Administering the Service Contract  Act  (SCA)  is a challenge. The
purpose of the SCA is to protect service workers from the effects
of the government's procurement  policy, which  awards  service
contracts to the lowest bidder.  Any employer that contracts to do
work for  the  federal government  must  conform to the  intent and
letter  of  the  law  and  will  be  penalized  severely  for  any
violations. Compliance with the SCA begins  with the contractor's
compensation manager gathering  data minimum  rates  paid,  maximum
rates paid, and  average rates on  every nonexempt occupation. The
Employment  Standards  Administration  issues  over  80,000  wage
determinations a year.  Because  no 2  administrative contracting
officers administer  the requirements of  the  law in  the same way,
the compensation manager should walk each  participant through every
phase of the conformance  procedure.  The  SCA costs the government
an  average of  about  $1  billion annually  in  inflated  service
procurement costs. Modifications restricting  the act's application
could produce significant savings for taxpayers.  (ABI/INFORM)


Implementation Guide. Cost  and Schedule  control systems Criteria
for contract Performance Measurement
Department  of Energy,  Washington,  DC.   Office  of Project and
Facilities Management.
Report No.DOE/MA-0203 (DE6006166/XAB)
Jan 86  98p

This document  provides  guidance   for implementation of DOE Order
2250.IB, Cost  and Schedule Control Systems  Criteria (CSCSC) for
Contract  Performance  Measurement.    Its use  assists  DOE  and
contractor representatives in fulfilling their responsibilities for
meeting CSCSC  requirements. The  CSCSC are designed to avoid the
necessity for imposition of  specific management  control systems on
contractors.  Implementation of  the CSCSC  consistent  with this
guidance and compliance with the contractual  requirements for work

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definition, cost and  schedule  control,  and performance reporting
provide  DOE  assurance that  a  contractor's  cost  and  schedule
progress is sufficiently visible  to  provide a reliable basis for
timely and meaningful management decisions.  (NTIS)


Breakout The Mystery Unveiled
Young, Donald P.
National Contract Mgmt Jrnl v!9 nl  pp. 33-40  Summer 1985

In  1984,  Congress enacted  legislation relating to  the Breakout
Procurement  Center Representative  program.  This program  gives
procuring agencies effective new tools that will dramatically alter
federal procurement. For many years,  small businesses have proved
to  be  responsible  and cost-effective contractors to  the federal
government  and  crucial to  a  broad defense  industrial  base.  The
importance of breakout became apparent when  ''horror stories'' of
exorbitant  prices  being  paid for  commercially  available  items
appeared  in  1981.  Statutory  provisions  now  require  written
justification for  prequalification,  specificity of what  must be
done  to  qualify,   an estimate  of  what  it  will  cost,  prompt
opportunity to  qualify,  unbiased  evaluation and testing,  and a
debriefing as to the  reasons for  failure  on the part of either a
firm or product  to  qualify. The solution to procurement of the best
state-of-the-art defense equipment at a reasonable price  is in hard
work, education, and cooperation.  (ABI/INFORM)


The  New  Bid  Protest Remedies  Created  by  the  Competition  in
Contracting Act of 1984
Coburn, George M.
National Contract Mgmt Jrnl v!9 nl  pp. 47-60  Summer 1985

Congress enacted the  General Accounting Office (GAO)  procurement
protest system  as  part of the Competition  in Contracting Act of
1984  (CICA) to  ensure competition and equitable relief for those
wrongfully  excluded  from  competing.  Congress  also  amended  the
Brooks Act, creating  an  alternative  protest remedy  for automatic
data processing equipment and services procurements in the General
Services Board of Contract Appeals (GSBCA). A summary is presented
of  the differences between  the 2  protest  remedies,  the principal
one being that the  GSBCA provides  the  opportunity for a trial-type
proceeding while the GAO generally resolves opposing arguments by
the  administrative   record.  Also   discussed  are   the  various
constitutional issues  raised by the Reagan Administration's refusal
to comply with the  stay of  contract award and contract performance
provisions and the  award of costs provisions of the CICA. For these
refusals,  Congress may cite the  offending officials for contempt
or bring impeachment proceedings. References.  (ABI/INFORM)
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Small Business and the Government contract: will Your Trade Secrets
Stay secret?
Guimera, Irene M.
National Contract Mgmt Jrnl v!9 nl  pp.  41-45  Summer 1985

A review is given of government contracting with respect to trade
secrets. Trade  secrets  are not registered with  any  governmental
body, and their treatment is regulated by a changing,  uncertain
body of case  law that varies from state to  state.  In government
contract requests  for  proposals,  it  is  the  offerer's  duty  to
designate  in  the  proposal  any  confidential  and  proprietary
material.  The general  policy  is that  information  developed  at
private expense, and which has not been released to the public or
to others without limitations  on  further use or disclosure, will
be obtained with limited rights. In order to oppose disclosure of
information under the Freedom of Information Act,  the best practice
is to work closely and  cooperatively  with  the government agency.
Advance consideration given to the issue of relinquishment  of trade
secrets will  result  in greater protection for  the  private firm.
References.  (ABI/INFORM)


The Small Business  Sector: Defining and Reaffirming the Federal
Role
Mitchell,  Parren J.
National Contract Mgmt Jrnl v!9 nl  pp. 1-4  Summer 1985

For the small business sector of the US economy, the enactment of
the Small Business and Federal  Procurement Competition Enhancement
Act  of 1984   is  a   milestone   for  potential  new expansion  and
profitability. Before passage of the act, from fiscal year 1981 to
fiscal year 1982, the small business share of  Department  of Defense
contracts had decreased from 20.4% to  19.7%.  Small businesses lead
the  way in  innovation,  applied research,  and  invention,  thus
potential barriers to small business should be lifted. The  critical
issue  in  the  small  business  community is  not tax  reform,  but
fairness. Some  reforms suggested in House of Representatives Bill
2496 include:  1.  allowing taxpayers to defer capital gains taxes
if the proceeds  are  reinvested  in a qualified small business, and
2.  allowing   taxpayers   an  immediate  deduction  for   such  an
investment. The federal role  in relation  to the small  business
sector must be  reaffirmed  in stronger terms.  (ABI/INFORM)


An Economic Evaluation of  the  Service Contract Act
Goldfarb, Robert s.; Heywood,  John S.
Industrial &  Labor Relations Review v36 nl pp. 56-72  Oct 1982

The Service Contract Act of 1965 (SCA) is one of the laws requiring
that  ''prevailing  wages'1  be paid  by employers  with  federal
contracts. Eight possible rationales  for the SCA were  identified
and  evaluated:  1. prevention of average-wage busting,  monopsony,

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and  similar  wage practices,  2. 'prevention of  individual-wage
busting, 3. encouragement of collective bargaining, 4. the model-
employer  rationale,  which  contends that  the government  should
support private employers who pay attractive wages, 5. protection
of government workers,  6.  encouragement of the geographic balance
of  contracts,  7.   reduction  of labor importation,  and  8.  the
quality of service rationale.  A formula was developed to determine
the  costs of  extending SCA  to  research  and development (R&D)
contracts. The formula  revealed an overall simple average increase
of 4.55% which combined with  wage-bill estimates,  shows the wage
cost of extending SCA to R&D and related contracts in fiscal 1979
would  have ranged  from $75.5  million to  $150.6 million.  Cost
estimates  would  be modified  if  SCA administrators  centered  on
different  rationales   in  making   their   calculations.   Table.
References.  (ABI/INFORM)
                               23

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              CDERAL DOCUMENTS ON CONTRACT MANAGEMENT

The following titles were produced by Federal agencies and are
located in the Headquarters Library as noted by the call numbers
given below. Selected sections of the Federal Aquisitions
Regulations (FAR) are also available. The Library staff will
assist patrons in obtaining other sections.
Civil Servants and Contract Employees: Who Should Do What For
the Federal Government.
     General Accounting Office, 1981
     HD3858.U53

Contracts Management Manual.
     Environmental Protection Agency, 1985 (with updates)
     EPAX 8911-0040/1900

Contracts Status of EPA's Contract Management Improvement
Program.
     General Accounting Office, 1987
     HD3616.U46B83
Environmental Protection Agency Acquisitions Regulations
(EPAAR)
     Environmental Protection Agency, 1986
     EPAX 8911-0040/1901


Federal Acquisitions Regulations  (FAR)
     Department of Defense; General Services Administration,  1983


Federal Information Resources Management Regulation  (FIRMR)
     General Services Adminstration, Office of Information
     Resources Management, 1984
     JK1673.F42 1984
Project Officer's Handbook
     Environmental Protection Agency, 1984
     EPAX 8902-0009
Use of Contractor Services.
     Environmental  Protection Agency,  1985  (with  updates)
     EPAX  8911-0040  1900.1
                                24

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              EPA HEADQUARTERS LIBRARY
              MANAGEMENT  COLLECTION
           List of Management Bibliographies
1 .    MANAGING  A DIVERSE  WORK  FORCE
     by  Anne  Twitchell,  September 1990
     EPA/IMSD-90-011

2 .    PROJECT  MANAGEMENT
     by  Anne  Twitchell,  June  1990
     EPA/IMSD-90-007

3 .    STRATEGIC  PLANNING
     by  Anne  Twitchell,  March  1990
     EPA/IMSD-90-005

4 .    TOTAL   QUALITY  MANAGEMENT
     by  Anne  Twitchell,  December 1989
     EPA/IMSD-89-009

5 .    LEADERSHIP:  QUALITY  MANAGEMENT  FOR THE  FUTURE
     by  Anne  Twitchell,  September 1989
     EPA/IMSD-89-005

6 .    COMMUNICATION  SKILLS  FOR  EFFECTIVE  MANAGEMENT
     by  Anne  Twitchell,  June  1989
     EPA/IMSD-89-003

7 .    EFFECTIVE  PERFORMANCE  APPRAISALS
     by  Anne  Twitchell,  March  1989
     EPA/IMSD-89-002

8.    OFFICE  OF  THE  FUTURE:  THE MANAGER'S ROLE
     by  Anne  Twitchell,  December 1988
     EPA/IMSD-88-013

9.    OFFICE  OF THE FUTURE:  THE  CHANGING ROLE OF
     SECRETARIES
     by  Mary  Hoffman  and Anne  Twitchell,  revised May
     1989

10.  MANAGEMENT  TRANSITION
     by  Mary  Hoffman  and Anne  Twitchell,  September
     1988
     EPA/IMSD-88-007

11.  MANAGING  IN THE  PUBLIC SECTOR
     by  Mary  Hoffman,  March 1988
     EPA/IMSD-88-003
                          25

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12-  RESISTANCE  TO  CHANGE
     by Mary  Hoffman,  December  1987
     EPA/IMSD-87-011

13-  TECHNICAL  EXPERT  TURNED  MANAGER
     by Mary  Hoffman,  March  1987
                           26

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