Homework for week 2
The Department of Homeland Security is an agency that interested me to study in regards to regulations.in the paper, I will explains why this agency interest men and how it affect my business I work for. Second, I will describe the proposal from the agency and writes the comments I would submit for this proposal. Thirdly, I will provide the deadline of the public comments must be made. Fourthly, I would identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. Fifthly, I will select the best to challenge the regulation if I would overturn it.
The Department of Homeland Security interest me because I’m always concern of the method our government choose to protect the American Citizens. Since the Event of 9/11, I always question the method the United States choose to protect the America citizen. I have some reasonable doubles of the intention of Homeland Security agency because of my lack of trust in former president Bush, whom create the agency during his administration. I believe the laws and bills that was established from the agency has invade people privacy more than protect citizens’ freedom. I will go so far to say this agency has abusive citizens’ rights since it was establish in the early 2000’s.
The Department of Homeland Security has propose to amend its regulations in requiring contracts for time and material labor hour’s rates for contractors or subcontractors. Also, they want a description of the method to record bills of the contractor or subcontractor. The purpose of this procedure is to guarantee labor hour rates are paid under T&M/LH contracts and orders. This monitoring is intended to eliminate unintentional bonus payments to the prime contractor that could result in work performed by lower labor rate subcontracts or affiliates that is billed at a higher prime contractor labor hour rate.
Another reason for the procedure is to eliminate future augments whether the hours that can be billed under T&M/ LH contracts. The procedure will help clearly state in the contract whether the contractor and each subcontractor will be reimbursed based on recording and billing for only the number of hours worked not in addition of a standard number of hours in a standard work period such as a 40 hour workweek or more. This procedure will safeguard that billings and payments under T&M/LH contracts do not result in an unintended bonus to the contractor by making sure that the contractor does not bill the Government for all hours worked when its established practices are to record only the number of hours in a standard work period according to a 40 hour workweek.
The proposal rule that Homeland Security procedure to make the FAR option for consistent use of separate rates required for DHS T&M/LH contracts. It would establish a requirement that a contractor must regularly follow its method of record keeping for labor hours billed to a DHS contract, according to 5 U.S.C. 301–302, 41 U.S.C. 1707, 41 U.S.C. 1702, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 0702. 3
This proposed rule would apply to all individuals seeking a DHS contract or order that would be either a Time and Material or a Labor Hour type of contract. They agency stated that this proposed rule is not likely to have a significant economic impact on a substantial number of small entities because the rule does not require contractors or subcontractors to make any substantial changes in their normal business practices nor take any substantial actions under a contract beyond previously existing government requirements.
My comments, I would’ve wrote before the proposal closed in October 22, 2012 was that I’m in favor of the regulation as long it’s does what intends to do. I’m surprised that Homeland Security would have any control or concern over this matter since it’s not dealing with life and death on American Citizens. I believe the agency goal or mission need to be narrowly define only on security dealing with potential terrorist to United State that can cause physical harm to American life. I believe when agency is giving too much power outside their normal function than it give a way to abuse their authority.
The five legal theories, I would use to declare any administration regulation invalid is