" Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misrepresentation in the awardee's bid, than their challenge should be upheld.
n mpresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (U.S. App. 2001), the issue was the standard of review for decisions of contracting officers made under the Administrative Dispute Resolution Act of 1996. According to the Administrative Dispute Resolution Act of 1996, "The Court of Federal Claims and district courts shall have concurrent jurisdiction over bid protest actions, and that the courts 'shall review the agency's decision pursuant to the standards set forth in section 706 of title 5' of the APA. Accordingly, under the APA, a bid award may be set aside if the contracting official's…...
mlaIn the 2004 decision of in the matter of ACS Government Services, Inc., another decision involving the challenge to the awarding of a contract to another business, Plaintiff argues that the awardee misrepresented information in their bid and that this misrepresentation materially affected the evaluation of the awardee's bid. In this case, the court upheld the challenge, stating that on review it was the review board's position to ensure that the evaluation of the parties bids was "reasonable and consistent with the terms of the solicitation." Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misrepresentation in the awardee's bid, than their challenge should be upheld.
In Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (U.S. App. 2001), the issue was the standard of review for decisions of contracting officers made under the Administrative Dispute Resolution Act of 1996. According to the Administrative Dispute Resolution Act of 1996, "The Court of Federal Claims and district courts shall have concurrent jurisdiction over bid protest actions, and that the courts 'shall review the agency's decision pursuant to the standards set forth in section 706 of title 5' of the APA. Accordingly, under the APA, a bid award may be set aside if the contracting official's decision laced a rational basis or involved a violation of regulation or a procedure. Further, under the APA, although an explanation is not required by the officer, a reviewing court may require an explanation. It is on this ground that the Court remands the decision to the lower court.
Finally, in the administrative decision of in the Matter of Savantage Financial Services, Inc. (2003), held that a business may challenge an agency decision to not provide the business with a solicitation for purchase where the decision was made pursuant to FAR 8.404(b)(3) and where the business did not appear to offer best value, as determined by the agency, based on information obtained from schedule vendors and product demonstrations. However, despite the ability to challenge such indirect pre-solicitation decisions, the review board further ruled that such practice was reasonable under the standard of review laid out in the above-mentioned court and administrative decisions.
EPA Profile Environmental Protection Agency
The Environmental Protection Agency (EPA) is the main government agency tasked with monitoring the nation's environmental concerns. Because they are charged with protecting the United States environment, perhaps no government agency has a wider or more diverse mandate. The EPA handles a wide variety of environmental concerns, from potable water to clean air, from the nation's forests and wilderness to the country's wildlife population. In addition, the EPA also regulates the conduct of multinational industries, American businesses and even the personal actions of individual citizens (Williams).
As an agency, the EPA was created during the term of President Nixon. The publication of achel Carson's Silent Spring and the growing popularity of the environmental movement pushed Nixon to create an agency to establish and enforce "environmental protection standards consistent with national environmental goals."
The first EPA administrator, William D. uckelhaus, was sworn in on December 4, 1970. During this…...
mlaReferences
Barnes, James et al. 2003. "EPA: Out of the loop." National Journal. January 25. 35(4): 298-299.
Levine, Samantha. 2003. "Hostile environment: Bush's EPA choice faces high-stakes hearings." U.S. News & World Report. September 22. p. 24.
The Guardian: Origins of the EPA." 1992. EPA Historical Publications-1. available online at http://www.epa.gov/history/publications/print/origins.htm
Williams, Dennis. 1993. "The Guardian: EPA's Formative Years, 1970-1973." available online at http://www.epa.gov/history/publications/print/formative.htm
Currently, auditors must labor over the writing of each section as though it must read perfectly when they submit it for the review by the senior auditors. Many of them have expressed frustration at the fact that they are not good writers. Consequently, they waste considerable amounts of time doing what they are worst at. Meanwhile, the senior auditors have similar problems synthesizing all of the individual sections together to compile a single report draft from the work provided by the auditors. Generally, the most laborious part of that chore for senior auditors is making the necessary changes to each of the individual sections first.
By contrast, the proposed changes to the audit report production process is designed to allow the senior auditors to reconcile any technical audit issues with the individual auditors while largely ignoring the writing of those sections. The senior auditor's primary responsibility is simply to confirm that…...
mlaReferences
Cornell University Law School. (2011). U.S. Code Title V. Inspector General Act of
1978. Retrieved July 18, 2011 from the CULS Legal Information Institute website http://www.law.cornell.edu/uscode/html/uscode05a/usc_sup_05_5_10_sq2.html
Edwards, G., Wattenberg, M., and Lineberry, R. (2009). Government in America: People,
Politics, and Policy. New York, NY: Longman.
Fund Types
Governments have multiple options when it comes to handling money. The diversity of funds and having a policy on how to manage funds is essential for governments because of the many different ways in which the government must allocate its budget and the many different ways that a government is expected to generate returns on its investments. Critical oversight of this process is crucial to governmental monetary and fiduciary success.
The Eleven Fund Types
The eleven fund types that government agencies can use for allocating revenues can be categorized into the three broader groupings: governmental funds, proprietary funds (business type funds), and fiduciary funds. The eleven fund types as grouped by the three categories are as follows:
Governmental funds consists of: 1) general funds, such as accounts for general operations -- Sheriff, Parks, etc.; 2) special revenue funds, such as a Tourist Tax Fund; 3) debt service funds, such as the 2008…...
mlaReferences
Appropriate level of unrestricted fund balance in the general fund. (n.d.). GFOA.
Retrieved from http://www.gfoa.org/appropriate-level-unrestricted-fund-balance-general-fund
Lee, R. (n.d.). 16. Understanding County Finance. Florida County Government Guide:
167-173.
As a part of this initiative, the EPA works with local communities to: establish the optimal use of the cleaned up sites, it provides relevant information to the potential buyers / developers and dispenses advice on technical needs for re-utilization of the site. ("SARA Overview," 2010)
In this particular case, the RTU is effective at helping communities be able to reclaim land that had once been considered to be contaminated. For business, this will have long-term benefits as the reclaimed land could help to support other commercial activities. At the same time, time it will help to increase property values, by taking land that was thought to be destroyed and making it re-useable once again. This will have ripple effects for a host of different businesses, as their net worth will increase from a rise in the price of land.
However, over the short and medium term, this will have an…...
mlaBibliography
SARA Overview. (2010). EPA. Retrieved from: http://www.epa.gov/superfund/policy/sara.htm
Title 42 Public Health and Welfare. (2008). GPO Access. Retrieved from: http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC103
What is the Super Fund. (2010). EPA. Retrieved from:
Government Accounting Office in America (GAO)
This is an examination of the Government Accounting Office in America. The writer discusses the history, purpose and background of the GAO as well as the duties that the office is charged with performing. The writer then analyzes literature that illustrates the office in action. The final discussion revolves around the question, "Is the office effective or is it a waste of money." There were four sources used to complete this paper.
During the last few years there has been a public outcry and demand to investigate government spending. The public was brought stories by the media about the government paying thousands of dollars for toilet seats, and spending hundreds of dollars on a screwdriver and other such tools. When the reports began to surface about wasted government spending the public became angry. Lobbyists across the nation began to demand an accounting of not only tax…...
mlaBibliography for a listing of non-GAO publications.) It should be noted that, as with any effort to put current events into historical context, alternative interpretations are possible. Often debated are the intent and motivation of the framers of the Constitution who created the census. In this report, we have quoted the Constitution and various laws relating to the decennial census and have attempted to place their language in an historical context. We are not, however, providing our own independent review or interpretation of the constitutional and statutory issues discussed in this report, which, unless otherwise noted, are based primarily on the analysis contained in the various publications and documents we relied upon in preparing this report.
Short answers to some frequently asked questions about the decennial census are in appendix 1. Appendix 11 contains information on changes in the apportionment of the membership of the House of Representatives between the 1920 and 1990 Decennial Censuses by region of country and on changes in the nation's population and its undercount by race and ethnicity between the 1950 and 1990 censuses, as well as a snapshot of the growth and cost of census-taking since the first decennial census in 1790. Major contributors to this report are identified in appendix III.
L. Nye Stevens Director, Federal Management and Workforce Issues
Chapter 1
Why Take the Census?
INTODUCTIONFinancial management is one of the most important and complex responsibilities that governments must face today. With pressure to maintain fiscal health and sustainability, governments have to carefully balance the need for revenue with spending on essential programs and services. This can be a daunting task, as there is often limited room for error. One misstep can have serious implications for the financial stability of a government. To successfully manage their finances, governments must have a clear understanding of their income and expenditure, as well as their long-term financial goals. They must also be able to make tough decisions about where to allocate scarce resources. Given the importance of financial management, it is essential that governments have skilled and experienced professionals in charge of this critical responsibility.Long-range assessments of financial condition are an important tool for financial planning. They can help individuals and businesses to set realistic goals, identify potential…...
mlaReferencesCerovic, M. S., Gerling, M. K., Hodge, A., & Medas, P. (2018). Predicting fiscal crises. International Monetary Fund.Hudson, B., Hunter, D., & Peckham, S. (2019). Policy failure and the policy-implementation gap: can policy support programs help?. Policy design and practice, 2(1), 1-14.Joyce, P. G. (2005). Federal budgeting after September 11th: A whole new ballgame, or is it déjà vu all over again?. Public Budgeting & Finance, 25(1), 15-31.Koniagina, M. N. (2020, September). Forecast of budget revenues from taxes in the context of economy digitalization. In IOP Conference Series: Materials Science and Engineering (Vol. 940, No. 1, p. 012040). IOP Publishing.Phaup, M. (2019). Budgeting for mandatory spending: Prologue to reform. Public Budgeting & Finance, 39(1), 24-44.Vadiee, A., & Garland, T. (2018). The federal government’s “other transaction” authority. Thomson Reuters Briefing Papers–Second Series, 18(5), 1-18.
Government's Right To Spy And Command Our Life The Way They Do
The 9/11 attack saw over 3,000 Americans murdered by terrorists. The government was faulted, but there was a consensus that the U.S. government needed to take stern action. There was panic that made the congress to give the government fresh surveillance authorities. However, it attached an expiration date to the authority so as to allow for further deliberations after the end of the emergency. Decades later, the law has been extended on a number of occasions, yet there has been no public discussion on how the law can be interpreted. There has been an expansion of the surveillance at all fronts regardless of the freedom created by the founders of the United States. The surveillance should make us safer without violating the liberties of the American Citizens. This paper is a critique to the right of the government to…...
Ethics
Criminal justice is an inherently ethical profession. The judiciary ostensibly crafts laws that reflect the ethical sensibilities and social norms of the society, which are often embedded in the American Constitution. The role of the criminal justice system is to ensure that local, state, and federal laws are applied and enforced in a manner consistent with constitutional and regional codes. Issues like the equal protection clause are also ethical matters. The core objective of the criminal justice system is built on ethical responsibility: the ethical responsibility of the system to its main stakeholders, which is the American people.
However, there are also ancillary ethical issues associated with criminal justice that are not codified. Such issues are often linked with ambiguities and philosophical complexities. Applying criminal justice ethics entails sensitivity and awareness to prevailing political and social climates. Among the most pressing ethical issues in criminal justice include those related to race…...
mlaReferences
American Civil Liberties Union (2012). Racial profiling. Retrieved online: http://www.aclu.org/racial-justice/racial-profiling
Banks, C. (2012). Criminal Justice Ethics. Sage.
Block, W.E. & Obioha, V. (2012). War on black men: Arguments for the legalization of drugs. Criminal Justice Ethics 31(2): 106-120.
Harfield, C. (2012). Police informers and professional ethics. Criminal Justice Ethics 31(2): 73-95
Perhaps this will always be an issue for the U.S. federal government because under the existing political system there are few substantial options for making policy decisions that can extend across political elections. Situations that represent a problem for one politician or political party will be ignored by the next, making consistent, proactive responses difficult if not outright impossible. From an emergency management position, this means that agencies will always have to be designed to react to the worst-case scenarios, instead of more reasonable, proactive affects that could control potential problems before they escalate out of control.
eferences
Farazmand, a. (2001). Crisis in the U.S. administrative state. Handbook of Crisis and Emergency Management. Ed. a. Farazmand. Fort Lauderdale, FL: Florida Atlantic University.
Nice, D.C. And Grosse, a. (2001). Crisis policy making: some implications for program management. Handbook of Crisis and Emergency Management. Ed. a. Farazmand. Fort Lauderdale, FL: Florida…...
mlaReferences
Farazmand, a. (2001). Crisis in the U.S. administrative state. Handbook of Crisis and Emergency Management. Ed. a. Farazmand. Fort Lauderdale, FL: Florida Atlantic University.
Nice, D.C. And Grosse, a. (2001). Crisis policy making: some implications for program management. Handbook of Crisis and Emergency Management. Ed. a. Farazmand. Fort Lauderdale, FL: Florida Atlantic University.
Government Regulations and Hospice
Government Regulations Affecting Health Care in Hospice
Hospice
Regulations Affecting Health Care in Hospice
Impact of rules on Hospice services
Annotated Bibliography
This paper focuses on how government regulations impact hospice. The paper starts off with an introduction to the hospice system that was revived by a nurse, Cecily Saunders, who then went on to become a physician, establishing one of the first modern hospices. The concept of total pain is explained in some detail. The body of the paper then includes the studies that have been conducted on patients and caregivers in hospice systems as well as on people who died after they were diagnosed with terminal illness resulting in death in six months following the prognosis. The overall conclusion that can be drawn here is that while in Japan there is a marked need for improving the Day hospice system, the American hospice industry is acting as a mature competing…...
mlaWorks Cited
American Medical Directors Association. (n.d.). White Paper on Palliative Care And Hospice In Long-Term Care. Retrieved March 10, 2012, from American Medical Directors Association: http://www.amda.com/governance/whitepapers/palliative_care.cfm
Carlson, M.D., Morrison, R.S., Holford, T.R., & Bradley, E.H. (2007). Hospice Care: What Services Do Patients and Their Families Receive? Health Services Research, 42(4), 1672-1690.
Centers for Medicare & Medicaid Services. (2008). Medicare and Medicaid Programs: Hospice Conditions of Participation; Final Rule. Federal Register, 73(109), 32088-32220.
Christakis, N.A., & Escarce, J. j. (1996). Survival of Medicare patients after enrollment In hospice programs . The New England Journal of Medicine, 172-179.
Government Solicitation
Developing a Federal Acquisition Team: everse Engineering a Standard Forestry Project to Determine Team equirements
FA Provisions
The selected project is controlled by the Forestry Department, which is part of the Department of Agriculture, placing the project under the auspices of Chapter 4 for the Federal Acquisition egulations, which themselves make up Title 48 of the Code of Federal egulations (e-CF, 2012). elevant paragraphs include a provision that all Head of Contracting Activities (HCAs) comply with FA 7.103, detailed further below (e-CF, 2012, Title 48, Chapter 4, Part 407, par. 407.103). In addition, paragraph 407.503 of the same chapter provides provisions for the determination of whether or not a proposed contracting function is "inherently governmental" according to FA 7.503(e), and also sets out rules for settling disputes when there is not agreement on this issue (e-CF, 2012). It is not expected that this will be of issue in this case, however,…...
mlaReferences
e-CFR. (2012). Electronic Code of Federal Regulations. Accessed 22 April 2012.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl
PAYCO NSFR #2210 (2012).
PAYCO NSFR #2210 Recons. Drawing. (2012).
("ender," 2010)
Evaluate how Public Policy Decisions Affect the Receipt of Revenues
Politics and attitudes about where the various revenues should be spent can create heated amounts of debate. In the case of the Department of Defense, this can mean that periodic reviews could occur that can have an impact upon a host of different spending programs. At the same time, various assessments will take place with Secretary of Defense. Where, they will review the size and necessity of the various bases / personnel. A good example of this can be seen when the Secretary of Defense will recommend various base closures and force adjustments. As politics and changes in the Department's needs / availability of funds will affect what programs are going to receive the most appropriate amount of revenues.
Analyze the Economic Conditions that Affect Revenue Projections
The economic conditions will play a major role in determining how much spending will…...
mlaBibliography
Base Closure List. (2005). MSNBC. Retrieved from: http://www.msnbc.msn.com/id/7834939/ns/us_news
The Numbers. (2010). Tax Policy Center. Retrieved from: http://www.taxpolicycenter.org/briefing-book/background/numbers/revenue.cfm
Bender, B. (2010). Spending Critic Brown. Boston Globe. Retrieved from: http://www.boston.com/news/nation/washington/articles/2010/04/08/spending_critic_brown_backs_mass_weapons_bid/
Dupy, T. (2010). Defense Secretary Wants Spending Cuts. Huffington Post. Retrieved from: http://www.huffingtonpost.com/tina-dupuy/defense-secretary-wants-d_b_571906.html
Government Created a Committee
An electronic health record is a digital record of a patient's health information generated from every medical visit a patient makes. This information includes the patient's medical history, demographics, known drug allergies, progress notes, follow up visits, medications, vital signs, immunizations, laboratory data and radiological reports. The EH automates and streamlines a clinician's workflow. (Himss, 2009)
Due to the multiple advantages of an EH, health care agencies have been aiming to push up this technology. In 2004, the FDA approved of an implantable EH microchip into patients. Each microchip has a specific code which is identified through sensors. The device is implanted under the skin, in the back of the arm, requiring a twenty minute procedure, without needing the use of sutures. ("Fda approves computer," 2004)
According to the Center for Disease Control and Prevention, deaths due to preventable medical errors rank as the fifth most common cause of…...
mlaReferences
CDC. (2011, October 24). Deaths and mortality. Retrieved from http://www.cdc.gov/nchs/fastats/deaths.htm
Fda approves computer chip for humans. (2004, October 13). Retrieved from http://www.msnbc.msn.com/id/6237364/ns/health-health_care/t/fda-approves-computer-chip-humans/
Himss. (2009, September 2). Implanet using ibm software to protect patients in the event of medical device recalls. Retrieved from http://www.healthcareitnews.com/press-release/implanet-using-ibm-software-protect-patients-event-medical-device-recalls
Prutchi, D. (2011, December 30). Verimed's human-implantable verichip patient rfid. Retrieved from http://www.implantable-device.com/2011/12/30/verimeds-human-implantable-verichip-patient-rfid/
Government Performance esults Act
The General Accounting Office (GAO) may be one of most essential agencies in the federal government, because of its investigative oversight, but to the average American citizen, it may also be among the lesser known agencies. That is because the average hard-working nine-to-five person - whose contact with "news" is a few sound bites on television after work - might never dig into newspapers deep enough to read up on how taxpayer dollars are spent in Washington D.C. It's regrettable that the average person complains loudly about taxes, and "politicians" - yet knows little of the GAO's pivotal work. Meanwhile, this paper will focus upon the GAO report on the U.S. Department of Justice (DOJ), titled, "Status of Achieving Key Outcomes and Addressing Major Management Challenges" - which is clearly a wise use of taxpayer monies, whether taxpayers know about the GAO or not.
The GAO Critiques DOJ
The…...
mlaReferences
American Civil Liberties Union (2003). "ACLU Demands Truth From Justice
Department: New Report Details False Claims about SCOPE, Impact of PATRIOT Act." http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=13100&c=206 .
Kast, Sheila (2001). "Terror probe raises concerns about civil rights." CNN.com. http://www.cnn.com/2001/U.S./10/22/inv.civil.rights/
Perry, Tony (2002). "Immigration Attorney for 7 Detainees Lashes Out At INS:
The United States Postal Service (USPS) delivery process differs from other courier services in several ways:
1. Universal Service Obligation: The USPS has a universal service obligation to deliver mail to every address in the United States, regardless of the location or profitability. This means that the USPS delivers to every address, including remote or rural areas that may not be served by private courier services.
2. Government Agency: The USPS is a government agency and is subject to government regulations and oversight. Private courier services, on the other hand, are run by private companies and are not subject to the same....
Forensic Science in the UK and USA: A Comparative Overview
Forensic science plays a crucial role in the criminal justice systems of both the United Kingdom (UK) and the United States (USA). However, there are several key differences in the use and application of forensic science in these two countries.
Structure and Organization
UK: Forensic science services in the UK are primarily provided by the Forensic Science Service (FSS), a government agency responsible for conducting forensic examinations and providing expert testimony in criminal cases. The FSS has a centralized structure, with laboratories located throughout the country.
USA: Forensic science services in the....
1. The National Small Industries Corporation (NSIC) plays a crucial role in supporting the growth and competitiveness of Micro, Small, and Medium Enterprises (MSMEs) in India. Established in 1955, NSIC is a government agency that aims to promote, aid, and foster the growth of MSMEs in the country. With a wide range of services and initiatives, NSIC helps MSMEs enhance their capabilities, increase their market reach, and become more competitive in todays dynamic business environment. This essay will discuss the various ways in which NSIC supports the growth and competitiveness of MSMEs in India.
2. One of the key ways....
There is a contentious debate regarding the censorship of hate speech online and its impact on societies worldwide. Some argue that censorship is ultimately beneficial as it can help prevent the spread of harmful and discriminatory ideologies that can lead to violence and discrimination against marginalized communities. By removing hateful content, it can create a safer online environment and promote tolerance and respect among individuals. On the other hand, there are concerns that censorship of hate speech could infringe on freedom of expression and limit open discourse and debate. Some argue that allowing hate speech to be openly expressed can....
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