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NCJ Number: 66784 Find in a Library
Title: STATE AND LOCAL PROCUREMENT
Author(s): F T VOMBAUR; L F DELDUCA
Date Published: 1978
Page Count: 58
Format: Document
Language: English
Country: United States of America
Annotation: THE 1977 LITIGATION CASES AND STATE LEGISLATION ENACTED IN THE AREA OF STATE AND LOCAL GOVERNMENT PROCUREMENT ARE SUMMARIZED.
Abstract: A NUMBER OF LITIGATION CASES WERE RELATED TO PURCHASING ORGANIZATION AND THE AUTHORITY OF GOVERNMENTAL UNITS TO CONTRACT UNDER PARTICULAR CIRCUMSTANCES. IN GENERAL, THE RELEVANT STATUTES WERE STRICTLY CONSTRUED. MUCH LITIGATION CONCERNED SOURCE SELECTION AND CONTRACT FORMATION. PROCUREMENT BY COMPETITIVE SEALED BIDS REMAINS THE PREFERRED WAY FOR OBTAINING GOODS AND SERVICES. HOWEVER, THE TREND IS TO PERMIT PROCUREMENT BY NEGOTIATION WHERE THE SERVICES OR ITEMS TO BE PROCURED ARE SPECIALIZED OR COMPLEX. IN CONSTRUCTION CONTRACTS, SUBCONTRACTORS AND MATERIALMEN CONTINUE TO RECEIVE GOOD PROTECTION UNDER STATUTORY PROVISIONS FOR BOMBS. DECISIONS CONCERNING RISK ALLOCATIONS FOR CHANGING SITE CONDITIONS, AMBIGUOUS PRICE TERMS, AND THE PROCUREMENT OF ARCHITECTURAL SERVICES WERE PREDICTABLE. CONTRACTORS CAME OUT FAIRLY WELL IN LITIGATION IN THE EXERCISE OF STATE REMEDIES, EXCEPT WHERE THEY WERE FORECLOSED FROM RECOVERY BY CLEAR STATUTORY OR CONTRACTUAL PROVISIONS. SUBCONTRACTORS, LABORERS, AND MATERIALMEN WERE ALSO GENERALLY SUCCESSFUL, BUT NO LIENS WERE PERMITTED AGAINST GOVERNMENTS. CLEAR VIOLATIONS OF ETHICAL STANDARDS WERE HELD CONTRARY TO LAW IN MANY CASES. THE COURTS CONTINUED TO DISCOURAGE PUBLIC OFFICIALS FROM HAVING ANY CONFLICTS OF INTEREST IN AWARDING GOVERNMENT CONTRACTS. MORE DISCRIMINATION CASES ARE NOW REACHING THE COURTS, AND CONTRACTORS WERE NOT PERMITTED TO DISCRIMINATE IN THEIR HIRING PRACTICES. THERE IS A CLEAR TREND IN THE AREA OF PROCUREMENT LEGISLATION TOWARD RECOGNIZING PROCUREMENT AS A DISTINCT AREA DESERVING SEPARATE AND CAREFUL TREATMENT. TYPES OF LEGISLATION ENACTED IN VARIOUS STATES DEALING WITH PURCHASING ORGANIZATION, SOURCE SELECTION AND CONTRACT FORMATION, SPECIFICATIONS, CONSTRUCTION, SOCIOECONOMIC PROVISIONS, AND ETHICS ARE DISCUSSED. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFED--RCB)
Index Term(s): Government contracting; Judicial decisions; Legislation
Note: REPRINTED FROM DEVELOPMENTS IN GOVERNMENT CONTRACT LAW, 1977
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66784

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