CONTRACT ADMINISTRATION: PROBLEMS OF ENFORCEMENT

RECOGNIZED PROBLEMS IN THE ADMINISTRATION OF THE HIGHWAY PROGRAM RELATE DIRECTLY TO CONTRACT ADMINISTRATION AND PROBLEMS OF ENFORCEMENT: (1) NONUNIFORMITY IN CONTRACT SPECIFICATIONS, (2) RESEARCH, AND (3) INTEGRITY IN DEALING WITH PUBLIC FUNDS. SPECIAL CONDITIONS TO BE MET IN THE PERFORMANCE OF GOVERNMENT PUBLIC WORKS CONTRACTS ARE ENACTED AS STATUTORY REQUIREMENTS PRECEDENT TO THE USE OF THE PUBLIC FUNDS INVOLVED. THE FEDERAL REQUIREMENTS WHICH ARE ESTABLISHED AS CONDITIONS TO FEDERAL-AID PARTICIPATION IN HIGHWAY CONSTRUCTION PROJECTS ARE DISCUSSED. RECENT AUDITS OF FEDERAL-AID ADMINISTRATION IN THE VARIOUS STATES CONDUCTED BY THE GENERAL ACCOUNTING OFFICE, AND THE EXAMINATION OF CERTAIN STATE CONTRACT ADMINISTRATION AND ENFORCEMENT PRACTICES BY THE BLATNIK COMMITTEE, ILLUSTRATE THE CONTINUING AND PRESSING NECESSITY FOR IMPROVED CONTRACT ADMINISTRATION AND ENFORCEMENT STANDARDS BY THE STATE HIGHWAY DEPARTMENT. THE PERSONNEL IN THE GENERAL COUNSEL'S OFFICE ARE CONCERNED WITH THE EXTENT TO WHICH CONTRACT LEGAL ACTIONS ARE SUBMITTED FOR LEGAL CONSIDERATION WITHOUT ANY ACCOMPANYING EXPRESSION OF THE LEGAL OPINION OF COUNSEL FOR THE STATE HIGHWAY DEPARTMENT. SINCE THE CRITICISMS TO WHICH HIGHWAY PROGRAMS HAVE BEEN SUBJECTED PRIMARILY RELATE TO THE BREAKDOWN IN THE FIELD OF CONTRACT ADMINISTRATION, COUNSELS OF THE HIGHWAY DEPARTMENTS ARE URGED TO PROVIDE LEGAL GUIDANCE TO THE SOLUTION OF THESE PROBLEMS.

Media Info

  • Media Type: Print
  • Features: References;
  • Pagination: pp 138-145
  • Monograph Title: Selected problems relating to highway laws, 1962
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238736
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 29 1994 12:00AM