Federal Contracts Research Articles

Federal fractals: review of Stephen Tierney, The Federal Contract

Stephen Tierney’s new book presents an exciting new theory of federal constitutionalism. His core argument is that each federal constitution is founded on a ‘federal contract’, which is an agreement among a plurality of territorial communities to form a federal political community while retaining their distinct constitutional identity as constituent states. This offers an alternative to the ‘social contact’ of liberal political theory in which the isolated individual is the sole basic unit of the constitutional order. The explanatory power of Tierney’s thesis is impressive. He shows how the idea of the federal contract can be manifested in many varied forms but in a manner that recognises the constitutional status and autonomy of the constituent states, formed into an association under which they agree to act cooperatively with each other and with the federation as a whole, under a mutual commitment of reciprocity that underwrites inter-governmental cooperation and solidarity, while also maintaining inter-governmental distinctiveness and autonomy. Under the auspices of this simple and elegant idea, Tierney offers an account of federal constitutionalism that resembles the fractal patterns of mathematical geometry insofar as each federal system reflects a particular federating logic that drives its initial creation and ongoing evolution. This opens up a promising area of further research involving an ever-closer examination of federal systems to see whether the fractal-like patterns he has identified continue to be apparent at progressively higher levels of resolution.

Beyond Efficiency and Public Benefits: Federal Contracting as a Partisan Project, 1979–2018

Beyond Efficiency and Public Benefits: Federal Contracting as a Partisan Project, 1979–2018

Improving Proposal Writing by Looking to Information Operations

This article examines the subject of persuasion in technical and professional communications (TPC) with a specific focus on proposals in U.S. Government contracting. It demonstrates a fundamental disconnect between the intent of proposals, which is to persuade, and the rhetorical traditions and professional boundaries of technical writers. The analysis draws on the existing rhetorical- and genre-based TPC literature and borrows from theory in other disciplines—management, organizational theory, sociology, and psychology among others. To advance the scholarship on proposals, this analysis is framed within the overall context of a structural analogy to U.S. military Information Operations (IO). Through use of analogy, it is suggested that the IO community's approach to the concepts of “influence,” “narrative,” “target audience,” and “unity of effort” may offer useful insight for State and Federal contractors to consider in their efforts to write persuasive proposals. This analysis is then used to develop a research agenda for the study of proposals. Areas for future research include the science of persuasion and the use of narrative as it relates to proposals, improved rigor in the use of target audience research, and organizational constructs to improve collaborative writing in proposals.

Inertia, Progress, or Regress? Observing and Explaining Heterogenous Tech Firm Demographic Diversity Trajectories

Tech firms are under strong pressure to increase their demographic diversity. While activists and scholars have tended to treat the sector as homogenously hostile to women and racialized minorities, recent theory on organizational inequalities stresses heterogeneity in firm-level inequality regimes. Beginning with an inductive exploration of variation in executive, managerial, and professional workforce trajectories, we find that between 2008 and 2016 most Tech firms show little change, but that there are also significant clusters of firms that were becoming either much more or much less diverse for all three occupational levels. We model these trajectories as a function of firm visibility, the regulation of federal contractors by the U.S. Department of Labor, and leadership composition. Multinomial logistic regression models show that firms with an increasing (decreasing) diversity pattern in managerial and executive positions are also more likely to become more (less) diverse in their much more numerous professional jobs. Managers are more influential than executive in this regard. Regulatory pressure is associated with increased executive diversity trajectories, but not with managerial or professional trajectories. We conclude that increased Tech diversity is possible but requires leadership, particularly at the middle manager level. In addition, regulatory and visibility pressures primarily produce symbolic shuffles in top jobs.

Predicting Federal Contractor Misconduct

ABSTRACT Between 1995 and 2021, the United States’ Federal Government imposed $162.5 billion in penalties upon government contractors who had engaged in improper behavior as part of the procurement process. Despite the enormity of contractor misbehavior, the characteristics associated with contractor misconduct are relatively underexplored in academic literature. In this study, we examine whether and to what extent firm characteristics predict federal government contractor misbehaviors, which range from minor statutory violations to fraud. We document a consistent association between contractor characteristics (size and total amount of government contracts received), contract-specific characteristics (service-type contracts and awarding agencies GSA and DOE), and the act of committing misconduct. Misconduct severity increases in size and total amount of government contracts, is not affected by service contracts, and has an inverse U-shape for government agencies. Taken together, our results suggest that characteristics of the contractor, contract, and government agency are predictably associated with committing procurement misconduct. Data Availability: Data are available from the public sources cited in the text. JEL Classifications: H11; H57; M41.

Lobbying for government appropriations

AbstractThis article investigates the effect of lobbying on government contract allocation. I consider how lobbying affects both total contract spending and the distribution of contracts between firms. I solve a novel contest model which incorporates these two effects, and then I structurally estimate it using a panel of federal contractors. The results suggest that lobbying increases contract spending by $8.837 billion (3.22%) per year. However, its effects on the observed contract distribution and firm revenues are relatively small. Lastly, I find that increasing competition in procurement generally results in less lobbying.

The Lion’s Share: Evidence from Federal Contracts on the Value of Political Connections

The Lion’s Share: Evidence from Federal Contracts on the Value of Political Connections

“Checking a Box Isn’t Exactly Helpful”: Interpretations of the Voluntary Self-Identification of Disability Form During the Job Application Process

The United States Department of Labor created the Voluntary Self-Identification of Disability (VSD) form in 2014 to improve the employment rate for people with disabilities. As part of this initiative, federal contractors with 50 or more employees are expected to have at least 7% of their workforce identify as having a disability. Unfortunately, only 13% of organizations met this goal in 2015. By conducting a survey of 472 individuals, the present study examined how people with and without disabilities interpret the Voluntary Self-Identification of Disability (VSD) form during the job application process. Specifically, respondents inferred positive (e.g., accommodations), negative (e.g., discrimination), neutral (e.g., person-job fit), and conflicting interpretations (e.g., a mix of positive and negative interpretations) of the VSD form. Further, nearly 60 percent of applicants perceived the VSD form as a strategy to decrease the number of people with disabilities rather than increase. With insight on organizational signals, employers and policymakers can better design and develop recruitment materials to improve the application process for people with disabilities.

The Federal Contract: A Constitutional Theory of Federalism. StephenTierney. Oxford University Press, 2022

ConstellationsEarly View BOOK REVIEW The Federal Contract: A Constitutional Theory of Federalism. Stephen Tierney. Oxford University Press, 2022 Jan Smoleński, Corresponding Author Jan Smoleński [email protected] New School for Social Research, NY, USA and University of Warsaw, Poland Correspondence Jan Smolenski Email: [email protected]Search for more papers by this author Jan Smoleński, Corresponding Author Jan Smoleński [email protected] New School for Social Research, NY, USA and University of Warsaw, Poland Correspondence Jan Smolenski Email: [email protected]Search for more papers by this author First published: 30 May 2023 https://doi.org/10.1111/1467-8675.12697Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL No abstract is available for this article. Early ViewOnline Version of Record before inclusion in an issue RelatedInformation

Protest Denied: A Qualitative Meta-Analysis of Failed Challenges to Government Contracting

Firms interested in doing business with the US federal government, one of the biggest spenders in the world, may have reasons to believe they have been denied fair opportunities to compete for federal government contracts. The US Government Accountability Office (GAO) provides an expeditious forum where interested parties can challenge government procurement decisions. In this meta-summary, the authors qualitatively analyzed 17 denied bid protests filed against the US Army Corps of Engineers to identify quasi-legal bases that the GAO most frequently took in its denial of bid protests. The findings were abstracted into 12 themes with corresponding frequency effect sizes. Finally, three recent denied bid protests were reviewed in light of the themes to validate the effectiveness of the findings. This study contributes to the growing body of knowledge about one aspect of the US government acquisition practice, i.e., denying bid protests, and presents findings that can limitedly assist small businesses as defined by the relevant regulations to test the validity of their cases in advance.

Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors

Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors

Partners or Providers? An Analysis of Nonprofit Federal Contractor Performance

As competition over grant funding increases, nonprofit organizations (NPOs) are increasingly likely to enter into contracts with government agencies to ensure funding stability and accomplish organizational goals. Public agencies seek to reduce the possibility of contractor performance problems. Unlike profit-seeking firms that may need constant monitoring, NPOs could be more likely to serve as stewards of public resources, delivering services consistent with shared goals. However, few empirical studies have assessed the comparative performance of private and nonprofit contractors to determine whether there are meaningful differences in practice. This study analyzes nearly 25,000 U.S. federal definitive contracts that concluded between 2005 and 2015. Using predictive statistical analyses, findings indicate that nonprofits deliver more complex work than their for-profit counterparts, are less likely to be terminated early, do not require additional contract modifications, and are treated similarly to other vendors. Taken together, the results suggest that there are mutual benefits when governments and nonprofits engage in contracts.

Experiences of Legally Blind Individuals at Different Stages of the Employment Cycle as These Relate to Section 503 of the Rehabilitation Act

The most recent data on the labor force participation rate of individuals who identify as being blind or having vision loss in the United States indicate it is approximately 44%. In 2014, the Office of Federal Contract Compliance Programs promulgated regulations pertaining to Section 503 of the Rehabilitation Act of 1973 to address the continued lack of employment opportunities for individuals with disabilities. These reforms had the potential to expand individuals with disabilities’ employment horizons as it was estimated that the number of employees who work directly under a federal contract number in the millions. Five years later, it is unclear how federal contractors are implementing these alterations to recruit and retain legally blind individuals. Using quantitative analysis of responses from 140 current/former legally blind employees and job applicants, this research measured the current employment outcomes of the legally blind community in relation to the Section 503 regulations update. Gaps in employment for legally blind individuals existed, especially in regards to the job classifications in which they found the most success and whether the position held was disability-oriented. These results will inform HR professionals, policymakers, and blind advocates on how to proceed in developing effective disability-conscious workplace laws and policies.

Synthesis, Crystal Structure, and Conductivity of a Weakly Coordinating Anion/Cation Salt for Electrolyte Application in Next-Generation Batteries.

ConspectusResearch at historically black colleges and universities (HBCUs) started with humble beginnings by G. W. Carver at Tuskegee Institute AL, the nation's first HBCU. He is now remembered as the man who transformed one crop, peanuts to more than 300 useful products such as food, beverages, medicines, cosmetics, and chemicals. However, research was not the focus of most of the newly founded HBCUs to provide, primarily, liberal arts education and training in agriculture for the black minority. HBCUs remained segregated, lacking facilities such as libraries and scientific/research equipment comparable to those at traditionally white institutions. While the Civil Rights Act of 1964 heralded the dawn of "equal opportunity" and progressive desegregation in the South, many public HBCUs had to close or merge with white institutions due to loss of funding and/or students. In order to remain competitive in enrollment and financial support of the best talents, HBCUs have been expanding their research and federal contracts by working in collaboration with research-intensive institutions and/or minority-serving institutions (MSIs). Albany State University (ASU), an HBCU with a great tradition of in-house and extramural undergraduate research, has partnered with the laboratory of Dr. John Miller at Brookhaven National Laboratory (BNL) to offer the best training and mentorship to our undergraduates. Students synthesized and performed conductivity measurements on a new generation of ion-pair salts. One of these constitutes, potentially, a nonaqueous electrolyte for the next generation of high-energy-density batteries owing to its electrochemical properties.The quest for rechargeable batteries with greater energy density and capable of shorter recharge time at the "pump" for electrical vehicles (EVs) is leading the development of electrolytes with higher ionic mobility and greater limiting conductivity. In order to achieve high energy density, it is vital for an electrolyte to be electrochemically stable while operating at high voltages.The development of a weakly coordinating anion/cation electrolyte for energy storage applications offers a challenge of technological significance. This class of electrolytes is advantageous for the investigation of electrode processes in low-polarity solvents. The improvement arises from the optimization of both ionic conductivity and solubility of the ion pair formed between a substituted tetra-arylphosphonium (TAPR) cation and tetrakis-fluoroarylborate (TFAB), a weakly coordinating anion. The chemical "push-pull" between cation and anion affords a highly conducting ion pair in low-polarity solvents such as tetrahydrofuran (THF) and tert-butyl methyl ether (TBME). The limiting conductivity value of the salt, namely, tetra-p-methoxy-phenylphosphonium-tetrakis(pentafluorophenyl)borate or TAPR/TFAB (R = p-OCH3), is in the range of lithium hexafluorophosphate (LiPF6) used in lithium-ion batteries (LIBs). This TAPR/TFAB salt can improve the efficiency and stability of batteries over those of existing and commonly used electrolytes by optimizing the conductivity tailored to the redox-active molecules. LiPF6 dissolved in carbonate solvents is unstable with high-voltage electrodes that are required to achieve greater energy density. In contrast, the TAPOMe/TFAB salt is stable and has a good solubility profile in low-polarity solvents given its relatively great size. And it constitutes a low-cost supporting electrolyte capable of bringing nonaqueous energy storage devices to compete with existing technologies.

The Gap in Insurance Liability for Blood and Research Gamma Irradiators.

In 2019, a federal contractor accidently breached a 2,900 Ci 137 Cs sealed source while decommissioning it from a University of Washington research building, releasing a single digit curie of its contents. This event contaminated 13 people as well as all seven floors of the research building, which housed the radiation source. Estimates for clean-up costs and lost revenue exceeded $150 million. The magnitude of this cost prompted licensees in possession of such radioactive sources to question whether their insurance coverage is adequate to cover a large-scale incident and if coverage for such exposure even exists. In this article, we identify potential gaps in commercially available insurance policies by evaluating and assessing associated risks, damages, and accountability. While insurance can mitigate the expense associated with remediation, it is unlikely that sufficient limits would exist to fully protect healthcare institutions from direct financial liability in the event that their radioactive sources are implicated in a nuclear, chemical, biological, or radiological (NCBR) (sometimes called CBRN in other literature) mass contamination event. This paper seeks to outline how the risks and liability to healthcare institutions having such gamma irradiators can be reduced significantly by removing them rather than seeking to insure against the cost of remediation in the event of a leak and/or mass contamination. As such, licensees are encouraged to check their policies for the correct coverage and make sure any coverage restriction is removed from their policies. In addition, licensees are also encouraged to explore financial incentives offered by the US government programs to not only dispose of their present gamma irradiator sources at no cost but also to provide financial support to replace them with alternative technologies.

Reconciling LCME Diversity With Federal Law Mandates for Affirmative Action on the Basis of Disability, Gender, Race/Ethnicity, and Veteran Status.

To the Editor: Meeks and colleagues criticize the Liaison Committee on Medical Education (LCME) for defining diversity “with specific references to many marginalized groups” (e.g., racial, ethnic, socioeconomic), “but not to individuals with disabilities.” 1 Golden and Petty similarly call for the “integration of disability into diversity and inclusion initiatives” 2 and for inclusion of disability into diversity data collection, because measurement is necessary for improvement. The authors would be pleased to learn that academic medical centers (AMCs), as federal contractors, are required “to take affirmative action to employ and advance in employment qualified individuals with disabilities” 3 and to collect disability diversity data under Section 503 of the Rehabilitation Act. 3,4 These and other affirmative action requirements are not currently reflected in the LCME’s diversity standard. The LCME’s diversity standard requires AMCs to engage in “recruitment and retention activities, to achieve mission-appropriate diversity outcomes” for faculty and senior administrative staff, 5 and tells AMCs that they have discretion to choose their own diversity categories “based on the program’s mission, goals, and policies.” 5 In reality, however, AMCs do not have unbridled discretion to choose their own diversity categories for faculty and senior administrative staff recruitment and retention activities. As federal contractors, AMCs are required to engage in employment affirmative action, collect diversity data, and adopt specific numerical placement/hiring goals for persons with disabilities under Section 503 of the Rehabilitation Act; for women, Blacks, Hispanics, Asians/Pacific Islanders, and American Indians/Alaskan Natives under Executive Order 11246; and for veterans under the Vietnam Era Veterans’ Readjustment Assistance Act. 4 Though AMCs may include additional diversity categories, they may not omit these groups from their lists of diversity categories for the purposes of recruitment, retention, and other activities to achieve diversity outcomes for faculty and senior administrative staff. The LCME’s standards and policies, and the diversity data collection activities of the Association of American Medical Colleges and American Medical Association, should be amended accordingly.

The Federal Contract: A Constitutional Theory of Federalism, by Stephen Tierney

Stephen Tierney’s The Federal Contract: A Constitutional Theory of Federalism combines insights from legal and political philosophy and comparative law but explicitly distinguishes itself by its application of Tierney’s conception of constitutional theory. It should interest scholars in each of these fields. This review briefly summarizes Tierney’s major analytical moves and comments on just a few of his important arguments. Tierney’s central claim is that federalism is best understood by application of the doctrine of constitutional theory concerned with the shift from “political power to legal authority for a particular purpose” (p. 3; see also, e.g., pp. 59–60, 151). Per Tierney, federalism distinctly links territorial units into a constitutional arrangement for managing social diversity and balancing commitments to unity and pluralism. So-understood, federalism has institutional implications, like commitments to genuine autonomous governance for territorial units and associational government. But the implications admit many forms and are thus adaptable for set contexts.

A Commentary on Stephen Tierney's 'The Federal Contract'

A Commentary on Stephen Tierney's 'The Federal Contract'

Are Federal Contractors Less Innovative?

Are Federal Contractors Less Innovative?

Presidential Particularism (and the Trump Anomaly): Evidence from Federal Contract Awards and Capital Markets

Presidential Particularism (and the Trump Anomaly): Evidence from Federal Contract Awards and Capital Markets