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Federal Acquuisition Regulations (FAR Watch)
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The Federal Acquisition Regulations (FAR) is the codified set of rules developed to guide parties through the often complex process of Government acquisition. One of its primary objectives is to create an efficient system of doing business. It is essentially a structure for negotiation (and subsequent contract enforcement) that seeks efficiency by focusing on the "best value" for all participants. "Best value" is determined by balancing competing interests, and not necessarily by maximizing profit for any one participant.
As a statute, the meaning of the FAR is subject to interpretation by the court system. Statutes are sometimes engaged in creative ways in order to effectuate the goal of a particular party. The FAR is certainly no exception, especially given the competition and inconceivable sums of money involved.
This page exists specifically and exclusively to track the development of the FAR through litigation. The purpose here is not to make a statement about the FAR or advocate any particular position, but to present information so that readers may form their own opinions. The page will be updated from time to time as relevant caselaw is published. In the future, this page will also publish original articles addressing certain aspects of the FAR and its implications in other areas of law.
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BURT v. RUMSFELD, F.Supp.2d, 2005 WL 273205 (D.Conn., 2005). Published: January 31, 2005.
Summary: Members of the Yale Law School (YLS) faculty brought this case against Donald Rumsfeld, in his capacity as the Secretary of Defense. In their motion for summary judgment, the YLS faculty accused the Department of Defense (DoD) of illegally enforcing the Solomon Amendment against the school. The Solomon Amendment requires educational institutions to "allow military recruiters access to their campuses and their students as a condition for receipt of most federal funds."
Relevance: In attempting to interpret the Solomon Amendment, the DoD adopted an interim amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) that lumped "sub-elements" of institutions of higher education together with the parent institution. The result is that, even if a single school within a university--e.g., the law school or business school--violated the Solomon Amendment, the entire university would lose its federal funding.
No legal advice exists on this web page--yet. Any information found herein is purely informative. If you require assistance with a real-life legal problem, you should consult a real-life attorney. Feel free to e-mail me, a real-life attorney, with any intellectual property, bankruptcy, or FAR questions you have.
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