The Inadequacy of Existing Far Provisions to Ensure Contractor Environmental Compliance
GEORGE WASHINGTON UNIV WASHINGTON DC NATIONAL LAW CENTER
Pagination or Media Count:
This thesis focuses on situations where the obligation is on the contractor, and examines the existing FAR provisions and clauses to explore whether they are adequate to ensure government contractor compliance with environmental laws. For example, the contract clause at FAR 52.223-2, Clean Air and Water, mandatory in contracts expected to exceed 100,000, requires the contractor to agree, among other things, to comply with certain specified sections of the Clean Water Act and Clean Air Act and to use best efforts to comply with clean air standards and clean water standards at the facility where the contract will be performed. One issue this thesis will examine is whether this clause is sufficiently broad, or should be expanded to require compliance with other environmental laws. Chapter 1 examines FAR part 23, which deals directly with environmental compliance responsibilities. Chapter 2 explores contractor liability under the False Claims Act for false certifications by a contractor that it fully complied with either the contract requirements or all laws and regulations. The remainder of the thesis will examine other FAR provisions and clauses which can be used to ensure contractor environmental compliance, or to deter noncompliance. Chapter 3 looks at suspension, debarment, and EPA Listing as tools to ensure compliance. Chapter 4 examines a number of miscellaneous contract provisions and clauses having relevance in the environmental compliance arena. Finally, chapter 5 sets out the shortcomings of the FAR identified by this author, and proposes a number of suggested changes to the FAR, designed to clarify the environmental compliance obligations of contractors performing federal government contracts.
- Sociology and Law
- Air Pollution and Control
- Water Pollution and Control