Andrew Stromberg
Procurement Law
Dr.
12-4-16
Professional Building Maintenance vs The School Board of the County of Spotsylvania, Virginia in the Supreme Court of Virginia
Introduction
Professional Building Maintenance Corporation versus the School Board of the County of Spotsylvania is a 2012 case decided by the Virginia Supreme Court. The appellant, Professional Building Maintenance Corporation, challenged the School Board of the County of Spotsylvania on several issues including the use of “Best Value” as the method of procurement. To understand the case, one needs to understand why “best value” came about in Virginia, what was the definition of “best value”, and what laws governed “best value” procurements.
In 1982, the Virginia General Assembly established government public procurement policies. They did so through the Virginia Public Procurement Act (VPPA), enumerated in Title 2.2 chapter 43 of the Code of Virginia. Throughout the following years, the Governors of Virginia as well as the general Assembly sought to improve upon the VPPA. On September 2, 1998, Virginia Governor James Gilmore established, through executive order, the Commonwealth of Virginia Procurement Assessment Task Force. The Task Force had a mandate to develop recommendations on how to “improve the performance of the Commonwealth’s procurement efforts.” (Slater and Upson, 2000, pg.1) On February 3, 2000 the task force released a report which provided the Governor with five procurement
Title: Rose v. Council for better education. Supreme Court of Kentucky, 1989 790 S.W 2d 186.
T.M., by A.M. and R.M., his parents, Plaintiff-Appellant-Cross-Appellee, v. Cornwall Central School District United States Court of Appeals, Second Circuit Docket nos. 12-4301, 12-4484(XAP). Decided: April 2, 2014
Doe v. Big Walnut Local School Dist. Bd. of Educ., 837 F. Supp. 2d 742
Decision: The court ruled against the school district and upheld the establishment clause of the first
The case had an impact in education with shareholders of education, laws, policies, and social interaction with the decision made. In addition, there are legal and ethical considerations to consider with what the Supreme Court’s decision on the Swann v. Charlotte-Mecklenburg Board of Education case. This paper will discuss the summery of the case, the impacts made on education, and the legal and ethical considerations of the final decision.
This paper will explore how Sealed Bidding and Competitive proposals compare against each other. In order to compare them one must understand how, when and why each topic is used. The primary source of federal procurement information and guidance is the Federal Acquisition Regulation, which consists of Parts 1-53 of Title 48 of the Code of Federal Regulations (CFR). FAR parts 14 and 15 explains in full detail Sealed Bidding and Competitive Proposals. This paper like the federal government will rely heavily on the FAR as a source document to help explain the details of this topic.
As a professional school counselor, it's important to be competent in the profession that you're in and also abiding the code of ethics. I went to my state of Georgia's board of education website for school counselors, and I can upon a case dated back in 2006 that had something to do with a school counselor who was found to be incompetent in her profession. In the case of Julett Carnahan vs Butts County board of education, one of the reasons the board decided to discipline Carnahan was because they found her to incompetent as a school counselor. The case also stated the superintendent presented evidence that other faculty members did not believe her at all as a school counselor. Other evidence shows that she failed to meet with one student for a couple of days after being referred by someone, and it required consultation within 24 hours which is also an ethical violation (Julett Carnahan vs Butts County Board of Education, 2006).
Citation: Hazelwood School District v. Kuhlmeier. United States Court of Appeals, Eight Circuit, 1986 795 F2.d 1368, cert. granted, Supreme Court of the United States, Eighth Circuit, 484 U.S. 260 (1988)
Cumming v. Richmond County Board of Education the court challenged the policy of barring African-
Contract monitoring is the systematic review of a contractor’s records, activities, etc. to ensure compliance with the terms and conditions of the contract (Texas HHSC 2015). Because privatization aims to provide the government with the best value in terms of quality, service, and conditions, contracting does not end after the procurement process (Schooner 2011, 3). The administration of the contract, including monitoring, is just as important to ensuring that the state gets the best value. Despite the fact that there is a clear contract monitoring process within HHS, time is not always invested into developing a comprehensive monitoring approach and funds are not always allocated towards that process, preventing agencies
An Analysis of the Shifting Results of Supreme Court cases Minersville School District v. Gobitis (1940) and West Virginia Board of Education v. Barnette (1943)
After gathering all the information from the DESE website about Warren Elementary and the Francis Howell School District, I also looked at some of the information from the state of Missouri. The data that I found on Warren Elementary for the enrollment is that the majority of students are white (85.2%), the next was African Americans (7.2%), the school didn’t count the other ethnicities (Asian, Hispanic and Indian) in the total because the percent was too low to be factored in. According to DESE the attendance rate for Warren Elementary was 95.8% this is a good percent considering this is just for one school. I did look up the percent for the school district as a whole and it is 96.2%. When looking up some of the information on this particular school, I wanted to compare the numbers to the school districts numbers and these next few categories look to be on the higher side for one school compared to the whole district. The percent for free and reduced lunches for Warren Elementary was 14.9%, for the Francis Howell School District it was 19.9%. As far as the student/teacher ratio its 18 students: 1 teacher, the Francis Howell school district its 15 students: 1 teacher. Obviously, these are just average numbers and are going to fluctuate from each school and the district. The next section of data that I collected was on the AYP (Adequate Yearly Progress) status for NCLB, the data on the DESE website was a little outdated it had information from 2009-2011 (no date for
In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol
Procurement by public entities is guided by primary law principles of transparency, equal treatment and non-discrimination, procurement laws sets up an extensive legal framework regarding the procurement of work, supply and service contracts. There are two main reasons for the use of specific procedures i.e. why contracting authorities do not just negotiate or simply buy from the closest supplier. First, it provides for more public accountability and therefore less cases of corruption practices. Additionally, tendering procedures aim to ensure the best value for money by making it necessary for suppliers to act highly competitive. As a result, market mechanisms will help in facilitating the best possible practices. In situations where market mechanisms are not effective, tender procedures might lose their effectiveness as well. If for example there is lack of competition due to certain complexities or as a result of lower bidder interest, negotiations with just one or two suppliers may be the most efficient manner to handle the process. Therefore, we discuss the inherent advantages and disadvantages of sealed bidding and contracting by negotiation as procedural frameworks for tendering.
On November 4th, 1998 the Cedar Rapids School District v. Garret F. was argued. The case was between Garret F. the student attending with a physical disability. This case came upon once Garret got denied rights to having a one-on-one nursing assistance to help him around the campus. The parents believe that the school should pay for the services.