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Private Security Contractors in Iraq and Afghanistan: Legal Issues

Description: This report discusses the legal framework that applies to private security contractors (PSCs) in Iraq and Afghanistan. The report follows up with a discussion of jurisdiction over PSC personnel in U.S. courts, identifying possible means of prosecuting contractor personnel who are accused of violating the law overseas in the context of U.S. military operations. Finally, the report briefly discusses the possible implication of the roles of private security contractors with respect to inherently g… more
Date: December 22, 2009
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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The Department of Defense's Use of Private Security Contractors in Afghanistan and Iraq: Background, Analysis, and Options for Congress

Description: This report examines current PSC trends in Afghanistan and Iraq, steps DOD has taken to improve oversight and management, and the impact using private security personnel can have on military operations. It also reviews steps Congress has taken to exercise oversight over the use of PSCs and includes options for Congress.
Date: May 13, 2011
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Description: This report discusses constitutional and other legal issues related to the creation and implementation of location-based preferences in federal contracting, as well as summarizes key authorities requiring or allowing federal agencies to "favor" contractors located in specific places. The report does not address federal preferences for domestic products or provisions of federal law that could, depending upon their implementation, effectively prefer local contractors, such as project labor agreem… more
Date: December 30, 2010
Creator: Luckey, John R. & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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The Department of Defense's Use of Private Security Contractors in Iraq and Afghanistan: Background, Analysis, and Options for Congress

Description: This report examines current private security contractor (PSC) trends in Iraq and Afghanistan, steps Department of Defense (DOD) has taken to improve oversight and management, and the extent to which DOD has incorporated the role of security contractors into its doctrine and strategy. It also reviews steps Congress has taken to exercise oversight over the use of PSCs and includes options for Congress.
Date: January 19, 2010
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis

Description: The Department of Defense (DOD) increasingly relies upon contractors to support operations in Iraq and Afghanistan, which has resulted in a DOD workforce that has 19% more contractor personnel (207,600) than uniformed personnel (175,000). This report discusses the issues raised by this fact including (1) what role contractors should play in contingency operations, (2) whether DOD is gathering and analyzing the right data on the use of contractors, (3) what steps DOD is taking to improve contrac… more
Date: July 2, 2010
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Debarment and Suspension of Government Contractors: An Overview of the Law Including Recently Enacted and Proposed Amendments

Description: As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Debarment and suspension are among the techniques that government agencies use to ensure that they contract with only "responsible" bidders or offerors because they allow the government to exclude contractors from receiving government contracts. This report focuses upon exclusions on procurement grounds.2 It surveys the authorities requiring or allowing federal agencies to debar or suspend c… more
Date: August 16, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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The Department of Defense's Use of Private Security Contractors in Iraq and Afghanistan: Background, Analysis, and Options for Congress

Description: This report examines current private security contractor (PSC) trends in Iraq and Afghanistan, steps Department of Defense (DOD) has taken to improve oversight and management, and the extent to which DOD has incorporated the role of security contractors into its doctrine and strategy. It also reviews steps Congress has taken to exercise oversight over the use of PSCs and includes options for Congress.
Date: September 29, 2009
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis

Description: The Department of Defense (DOD) increasingly relies upon contractors to support operations in Iraq and Afghanistan, which has resulted in a DOD workforce in those countries comprising approximately a comparable number of contractors (218,000) as uniformed personnel (195,000). This report discusses the issues raised by this fact including (1) what role contractors should play in contingency operations, (2) whether DOD is gathering and analyzing the right data on the use of contractors, (3) what … more
Date: September 21, 2009
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
open access

Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis

Description: The Department of Defense (DOD) increasingly relies upon contractors to support operations in Iraq and Afghanistan, which has resulted in a DOD workforce in those countries comprising approximately a comparable number of contractors (218,000) as uniformed personnel (195,000). This report discusses the issues raised by this fact including (1) what role contractors should play in contingency operations, (2) whether DOD is gathering and analyzing the right data on the use of contractors, (3) what … more
Date: August 13, 2009
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
open access

The Department of Defense's Use of Private Security Contractors in Iraq and Afghanistan: Background, Analysis, and Options for Congress

Description: This report examines current private security contractor (PSC) trends in Iraq and Afghanistan, steps Department of Defense (DOD) has taken to improve oversight and management, and the extent to which DOD has incorporated the role of security contractors into its doctrine and strategy. It also reviews steps Congress has taken to exercise oversight over the use of PSCs and includes options for Congress.
Date: June 22, 2010
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Description: This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.
Date: January 3, 2011
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis

Description: The Department of Defense (DOD) increasingly relies upon contractors to support operations in Iraq and Afghanistan, which has resulted in a DOD workforce in those countries comprising approximately a comparable number of contractors (218,000) as uniformed personnel (195,000). This report discusses the issues raised by this fact including (1) what role contractors should play in contingency operations, (2) whether DOD is gathering and analyzing the right data on the use of contractors, (3) what … more
Date: December 14, 2009
Creator: Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Description: This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs.
Date: June 9, 2015
Creator: O'Rourke, Ronald & Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
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Competition in Federal Contracting: An Overview of the Legal Requirements

Description: This report describes the legal requirements pertaining to competition that presently apply to federal procurement contracts. Among other things, it discusses what contracts are subject to competition requirements; what constitutes full and open competition for government contracts; what is meant by "full and open competition after exclusion of sources"; and circumstances permitting agencies to award contracts on the basis of other than full and open competition.
Date: August 20, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Interagency Contracting: An Overview of Federal Procurement and Appropriations Law

Description: This report provides an overview of the federal procurement and appropriations laws governing interagency contracting. "Interagency contracting" is the term used to describe several procurement relationships between government agencies.
Date: September 17, 2009
Creator: Manuel, Kate M. & Toland, Carol J.
Partner: UNT Libraries Government Documents Department
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Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress

Description: This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs.
Date: June 12, 2015
Creator: O'Rourke, Ronald
Partner: UNT Libraries Government Documents Department
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Inherently Governmental Functions and Department of Defense Operations: Background, Issues, and Options for Congress

Description: An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest." This report explores various sides of the debate as to what exactly constitutes an "inherently governmental function," as there is currently no one uniform definition. Congress is concerned that inconsistent definitions may lead to improperly contracted jobs.
Date: June 22, 2009
Creator: Luckey, John R.; Grasso, Valerie Bailey & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Competition in Federal Contracting: An Overview of the Legal Requirements

Description: This report describes the legal requirements pertaining to competition that presently apply to federal procurement contracts. Among other things, it discusses what contracts are subject to competition requirements; what constitutes full and open competition for government contracts; and what is meant by "full and open competition after exclusion of sources."
Date: April 14, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Rothe Development Corporation v. Department of Defense: The Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses

Description: This report discusses Rothe Development Corporation v. Department of Defense, a case involving a constitutional challenge to a minority contracting program authorized under Section 1207 of the Department of Defense (DOD) Authorization Act of 1987. This program allowed DOD to take 10% off the price of bids or offers submitted by "small disadvantaged businesses" in determining which bid or offer had the lowest price or represented the best value for the government.
Date: March 16, 2009
Creator: Feder, Jody & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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The Davis-Bacon Act: Suspension

Description: The Davis-Bacon Act is one of several statutes that deals with federal government procurement. Enacted in 1931, Davis-Bacon requires, inter alia, that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. This report reviews the several cases during which the Davis-Bacon Act was suspended and will likely be updated as developments make necessary.
Date: September 26, 2005
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department
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Hurricane Katrina Recovery: Contracting Opportunities

Description: Companies unfamiliar with the federal procurement process may find useful information at several government websites, including those of the General Services Administration (GSA) and the Small Business Administration (SBA). Usually, agency solicitations for goods and services valued at amounts over $25,000 may be found on the government’s Federal Business Opportunities (FedBizOpps) website. While the U.S. Army Corps of Engineers (USACE) posted several hurricane recovery related solicitations on… more
Date: September 26, 2005
Creator: Halchin, L. Elaine
Partner: UNT Libraries Government Documents Department
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Katrina Relief: U.S. Labor Department Exemption of Contractors from Written Affirmative Action Requirements

Description: This report discusses the Employment Standards Administration (ESA) attempt to assist Hurricane Katrina relief efforts by having federal contract agencies use an affirmative action program that is imposed on companies by E.O. 11246. This would require contractors to "refrain from discrimination and to take affirmative action with respect to the employment of racial and ethnic minorities, women, and religious adherents (Summary)."
Date: September 27, 2005
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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