Report of the Commission on Government ... - Bayhdolecentral

APPENDIX B
Methodology
The analysis in Chapters 2 and 3 <strong>of</strong> <strong>the</strong> methods
used to resolve disputes related to <strong>the</strong>
performance and award <strong>of</strong> Government contracts
is based primarily on a study conducted
by Our Study Group 4 (Legal Remedies). The
group included attorneys and management personnel
drawn from private industry, <strong>the</strong> Federal
Government, <strong>the</strong> private bar, and <strong>the</strong>
academic community. The study group members
are listed in Appendix B <strong>of</strong> Part A.
Extensive data about both disputes-resolving
systems were assembled. The study group conducted
six public meetings, at various locations
throughout <strong>the</strong> United States, that were
attended by more than 250 individuals representing
all parts <strong>of</strong> <strong>the</strong> procurement sector.
Fifty-five formal presentations were made at
<strong>the</strong> public meetings and o<strong>the</strong>r views were heard
through open discussions between <strong>the</strong> audiences
and members <strong>of</strong> <strong>the</strong> study group.
Additional data were collected through <strong>the</strong>
use <strong>of</strong> questionnaires sent to Government agencies,
large and small businesses, and <strong>the</strong> <strong>Commission</strong>'s
network <strong>of</strong> legal advisors. The study
group also developed a pr<strong>of</strong>ile <strong>of</strong> 2,800 contract
disputes and appeals that occurred during <strong>the</strong>
period 1967-1971 in 13 Federal agencies. Information
concerning award protests was
furnished by <strong>the</strong> General Accounting Office,
The discussion <strong>of</strong> contractual fairness and
special management powers under Public Law
85-804 in Chapter 4 is based upon findings <strong>of</strong>
a Special Task Force. Members <strong>of</strong> this task
force were:
Valentine B. Deale Private Practitioner
Paul Gantt Chairman, AEC Board <strong>of</strong>
Contract Appeals
Colonel Cecil Thomas Deputy General Counsel and
Lakes Command Staff Judge Advocate,
Army Materiel
Command
William Mitchell Private Practitioner and former
AEC General Counsel
Ralph C. Nash, Jr. Pr<strong>of</strong>essor <strong>of</strong> Law
Graduate Studies in Law
National Law Center
George Washington University
A previous study <strong>of</strong> Public Law 85-804, conducted
by Pr<strong>of</strong>essor Nash, Mr. Mitchell, and
Mr. Deale for <strong>the</strong> Atomic Energy <strong>Commission</strong>,
provided base material for use by <strong>the</strong> Task
Force.