activities in general. A major airframe procurement was in process at the base, involving billions of dollars. The main contestants were Co. X and Co. Y. Mrs. Jones was a frequent golf partner at the Air Force Club with Mrs. Clayton, the wife of the president of Co. X. Shortly after Co. X had been awarded a 50 billion dollar contract to build 50 tanker aircraft, Mrs. Jones went to work for Co. X in an administrative post. Discuss the issues. Answer 4: My understanding from the article above is that Major General Philip Jones was the final approving authority of the procurement action who is usually the source selection authority or decision maker. Furthermore, there’s enough evidence that he was deeply involved in the procurement that was awarded the Co. X company, however, there is no evidence of his recommendation that his wife be given a job and further there was no evidence that he was sharing the procurement information with his wife. Considering the fact that Mrs. Jones is working in a company to which her husband awarded a contract, it will raise eyebrows for a conflict of interest. Since she is working for Co. X and receives financial gains, I guess it’s an obvious conflict of interest and both Mr. and Mrs. Jones shall avoid doing so because not only financial gain is an issue here but premature promotions, bonuses etc. due the fact that her
husband is the Chief of Procurement at Wright-Patterson U.S. Air Force Base are also possible.
5. Read the case of "Office of Personnel Management v. Richmond," especially the dicta, starting on page 3-4 through 3-8 of the decision, behind Tab 2. Discuss why the Government has a difficult time with the concept of promissory or equitable estoppel as is commonly observed in the private community. Answer 5: It is obvious that the Government may not be estopped on the same terms as any other litigant. There are grounds and basis for limiting estoppel of the government which a few of them include: (1) sovereign immunity; (2) the separation of powers theory; (3) the desire to limit potentially vast liability etc. When one party has placed reasonable reliance on a statement or conduct of a second party, equitable estoppel will prevent the second party from contradicting the statement or repudiating the conduct, even if the statement is false. As such, the Government asks the public to adopt a rule that estoppel may not in any circumstances run against it. Furthermore, there is another bold point that the Government has to be mindful of that no funds can be paid out of the treasury unless it has been appropriated by an act of Congress. So, the Government may exercise its executive power to not do or let any illegitimate actions to happen. 6. Analyze the following situation. You advertise an antique desk for sale in the local newspaper. A well-dressed gentleman appears at your door two days later and advises you that he wishes to make an irrevocable offer of $1,500 for the desk.
- Fall '16
- Government, United States Air Force