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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

In prior work, GAO found that contractors were paid billions of dollars in award fees regardless of acquisition outcomes. In December 2007, the Office of Management and Budget (OMB) issued guidance aimed at improving the use of award fee contracts. GAO was asked to (1) identify agencies’ actions to revise or develop award fee policies and guidance to reflect OMB guidance, (2) assess the consistency of current practices with the new guidance, and (3) determine the extent agencies are collecting, analyzing, and sharing information on award fees. GAO reviewed the Departments of defense (DOD), Energy (DOE), Health and Human Services (HHS), and Homeland Security (DHS) and the National Aeronautics and Space Administration (NASA)-agencies that constituted over 95 percent of the dollars spent on award fee contracts in fiscal year 2008.

This paper evaluates an Air Force performance-based service contract against the contracts that were prescriptive in the past. Department of Defense mandated that all service contracts be performance-based by 2005. The goal of the paper is to determine whether this contract, after becoming performance-based, is achieving greater cost savings and better outcomes for government, contractor, and taxpayers. The paper assesses the contract performance standards and how they are measured. The authors analyze the language of the Statement of Work (SOW) before and after it became performance-based. The contractor’s performance is evaluated. Positive incentives are identified and described. Finally, the paper addresses risk assessment issues.

Alpha contracting is a collaborative effort between a buyer and supplier during contract formation to maximize efficiency and effectiveness. Collaborative efforts between the United States Department of Defense and its suppliers have recently been scrutinized. Although several benefits of Alpha contracting are identified within the literature, the phenomenon is not ubiquitous nor is it well understood. Using the case study methodology, this research explores Alpha Contracting to define success and to identify its contributing factors. Additionally, this research identifies antecedents for and consequences of use, variations of the processes employed, and some misuse. The study culminates in the development of a conceptual model of collaborative pricing, and provides five recommendations for enhanced use.

Inter-organisational governance is an important enabler for information processing, particularly in relationships undergoing digital transformation (DT) where partners depend on each other for information in decision-making. Based on information processing theory (IPT), the authors theoretically and empirically investigate how governance mechanisms address information asymmetry (uncertainty and equivocality) arising in capturing, sharing and interpreting information generated by digital technologies.

IPT is applied to four cases of public–private relationships in the Dutch infrastructure sector that aim to enhance the quantity and quality of information-based decision-making by implementing digital technologies. The investigated relationships are characterised by differing degrees and types of information uncertainty and equivocality. The authors build on rich data sets including archival data, observations, contract documents and interviews.

Addressing information uncertainty requires invoking contractual control and coordination. Contract clauses should be precise and incentive schemes functional in terms of information requirements. Information equivocality is best addressed by using relational governance. Identifying information requirements and reducing information uncertainty are a prerequisite for the transformation activities that organisations perform to reduce information equivocality.

The study offers insights into the roles of both governance mechanisms in managing information asymmetry in public–private relationships. The study uncovers key activities for gathering, sharing and transforming information when using digital technologies.

This study draws on IPT to study public–private relationships undergoing DT. The study links contractual control and coordination as well as relational governance mechanisms to information-processing activities that organisations deploy to reduce information uncertainty and equivocality.

The purpose of this working paper is to highlight the challenges and associated risks Federal contracting officers face while conducting business under commercially-based contracting legislation and, with concurrent reductions in the acquisition workforce, the potential risks these changes place on the taxpayer. The researcher's thorough review of published articles, along with collegiate discussions with prominent practitioners and academics indicates that the Federal Government may be exposed to increased risks due to recent commercial-practice legislation and structural changes in the acquisition work force. The past decade-long wave of acquisition work-force reductions and commercially inspired acquisition reforms has created a responsive and progressive business environment. Yet, it has done so at the cost of the Federal government becoming less "engaged" in key oversight and management functions. This disengagement may be exposing Federal contracting officers and taxpayers to greater financial, programmatic and performance risks.

Traditionally, clients’ expectations with regard to quality in construction works are ensured and upheld by building contracts. With the recent emergence of ISO 9000 quality management systems (QMS), however, the definition and assurance of quality have taken on a new dimension. Many contractors have since applied QMS in their organizations without understanding its intricate relationship with the building contract used. Examines the likely conflicts and compatibility between standard forms of building contract and QMS. An understanding of the possible legal obligations that may arise from adopting a QMS contractually will help contractors and clients protect their interests when defects arise.

The purpose of this study is to examine procurement professionals’ perceptions of public-private partnerships in contract arrangements and to explore decision-making that takes place in the contracting process.

A grounded theory approach is applied to Simon’s (1947) model of decision-making to better understand the perceptions of procurement professionals, especially because it pertains to public vs private sector contexts. The researchers collected data by conducting interviews and observing a compliance webinar of federal contracting employees.

The results show that in the decision-making process, Simon’s illustration of a means-end hierarchy is applicable for procurement decision-making because it is driven by activities that are evaluated using aims established by the organization.

The implications are that, in the procurement decision-making process, a means-end hierarchy is driven by the activities that are evaluated using aims established by the organization. Essentially, the activities are associated to a mean, a mean is associated to a sub-goal and the sub-goal supports the main aim of the organization.

This study supports the notion that training, information and procedures are a way for organizations to control behaviors and promote consistent results from their subordinates.

This study contributes by examining the drivers of procurement decision-making. Despite previous literature that focuses on practitioner discretion or emphasizes on socio-economic factors, this study highlights the linkages between practitioner decision-making and organizational aims and objectives. As such, the paper serves to illustrate the vital connection between procurement activities and outputs.