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Public Contract Law Journal

The quarterly Public Contract Law Journal, the Section’s flagship publication, is dedicated exclusively, yet broadly, to public contract and grant law and related areas of practice. A focal point for the examination of timely legal issues confronting the judiciary, administrative tribunals, and the bar, the Public Contract Law Journal presents editorial coverage the mirrors the interest of its membership and seeks to solicit and present the multiplicity of views with in the Section.

In each issue of the Journal, you’ll find scholarly analyses and insight into issues affecting the broad scope of public contract and grant law. It is prepared in cooperation with The George Washington University Law School.

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Detailed information including the style guide, annual writing competition, and student editorial board at George Washington University Law School can be found here.

 


2018

Summer (Vol 48, No 4)

Articles

  • One Is the Loneliest Number: A Case for Changing Suspension and Debarment Regulations to Better Address Potential Exclusion of Individuals
    Kara M. Sacilotto
  • The Fly America Act Controversy: An Analysis of GSA Contracts Involving Foreign Carriers and Important Considerations
    David Kelly
  • Developing an Organizational Conflicts of Interest Framework: The U.S. System as a Starting Point
    Michael D. Pangia

Notes

  • To Deal or Not to Deal: Can Circular A-76 Be Made Great Again?
    Connor G. Luff
  • The Alien Tort Statute: A Way to Find Jurisdiction over Today’s Pirates, U.S. Government Contractors
    Abigail Yull
  • Is Derivative Sovereign Immunity Jurisdictional? An Analysis and Resolution of the Circuit Split
    Victoria Eatherton

Spring (Vol 48, No 3)

Articles

  • Law as a Tool to Build Cross-Border Markets: The Experience of the Court of Justice of the EU in Opening Up Government Contracts
    Christopher Vajda
  • Information Asymmetry in Private Prison Management: Monitoring and Oversight as the Basis for Private Prison Legitimacy
    Marcos Gonzalez

Notes

  • The World Trade Organization’s Missed Opportunity: How the Agreement on Government Procurement Can Be Transformed from a Vehicle of Trade to One of Human Rights
    Nicole Giles
  • Using Energy Savings Performance Contracts to Improve Utility Security and Resilience at Department of Defense Installations That Experience Frequent Utility Disruptions
    Taylor Haga
  • Ensuring No Safe Haven for Government Contractors Committing Human Rights Violations Overseas
    Sophia Herbst
  • Striving for Consistency: Implied False Certification Theory After Escobar
    Christina Pare

Winter (Vol 47, No 2)

Articles

  • Source Selections and Corporate Restructuring: The Lessons of Wyle Laboratories
    Steven W. Feldman
  • A Reasoned Case for a "Grant Disputes Act"
    Scott S. Sheffler

Notes

  • History Repeating: Déjà vu of Failed Labor Law Regulations in Government Contracting
    Danielle Bereznay
  • With Unquantifiable Risks Come Great Uncertainties: Mergers and Acquisitions Endanger Pending Proposals but Due Diligence and Congressional Action May Reduce Protests
    Nathan Tyler Estock
  • Removing Uncertainty for the Most Uncertain Times: the Need for Amending the Anti-Assignment Acts to Better Prepare for a Financial Crisis
    Chung Kun Kevin Park
  • Replacing the SEC's Whistleblower Program: The Efficacy of a Qui Tam Framework in Securities Enforcement
    Victor A. Razon

2017

Fall (Vol 47, No 1)

Articles

  • Examining Brexit Through the GPA’s Lens: What Next for UK Public Procurement Reform?
    Pedro Telles and Albert Sanchez-Graells
  • After Arbaugh: Neither Claim Submission, Certification, Nor Timely Appeal Are Jurisdictional Prerequisites to Contract Disputes Act Litigation
    Nathaniel E. Castellano

Notes

  • “Buy American and Hire American”: President Trump’s Options for Strengthening the Buy American Act
    Soohyun Choi
  • Rehabilitating Prison Contracting: States Must Reclaim Prison Management and Emphasize Inmate Rehabilitation Through Utilization of Schedule Contracts for State-Run Prison Procurement
    Anne C. Jefferson
  • Amending the Government Contractor Defense: A Legislative Solution to Protect the Intelligence Contractors Taking the Fall for Controversial U.S. Government Policies
    Victoria Muth
  • Taking a Bite Out of the Big Apple: Local Procurement Lessons from Washington, D.C., and New York City
    Stephanie A. Winkler

Summer (Vol 46, No 4)

Articles

  • The Defense Base Act: War Risk Syndrome
    C. Jason Bromley
  • No Compete Contracting in Cooperative Purchasing? Proposed Solutions to Resolve Gaps in Competition, Transparency and Socioeconomic Policy at the State and Local Level
    Eric P. Roberson
  • Simplifying Inherently Governmental Functions: Creating a Principled Approach from Its Ad Hoc Beginnings
    Thomas J. Laubacher
  • Still Too Slow for Cyber Warfare: Why Extension of the Rapid Acquisition Authority and the Special Emergency Procurement Authority to Cyber Are Half Measures
    Daniel E. Schoeni

Notes

  • If You Build It, They Will Relocate: Public Private Partnerships in Sport Stadium Financing
    Alejandra M. Hernández Irizarry
  • JCPOA: Implications and Effects on Our Foreign Military Sales Program
    Ariel Bachar
  • Research and Development Contracts: The Key to Combating Ocean Acidification
    Raef Cogan
  • Reviving the Program Fraud Civil Remedies Act: Encouraging Widespread Utilization Through Financial Incentives and a Centralized Administrative Tribunal
    Jonathan C. Martin

Spring (Vol 46, No 3)

Articles

  • Federal Circuit Year-In-Review 2016—Knowledge before Wisdom
    Tara L. Ward, Gary S. Ward, Kendra P. Norwood, Margaret E. Matavich, Moshe B. Broder, and Cara L. Lasley
  • Is It Time for a Single Federal Suspension and Debarment Rule?
    Robert F. Meunier and Trevor B. A. Nelson
  • Where the Sunshine Meets the Shade: Using FOIA Exemption 4 to Protect Confi dential Compliance Information After the 2016 FOIA Improvement Act
    Nathaniel E. Castellano

Notes

  • Cooperative Agreements and Foreign Aid: Examining USAID’s Involvement in the Afghanistan Reconstruction Effort
    Kelsey O’Brien
  • Empowering the Agency Attorney: Presenting the Case for an Incremental Improvement in the Dispute Resolution Process
    Dominick P. Weinkam
  • Negotiating In and Around Critical Infrastructure Vulnerabilities: Why the Department of Defense Should Use Its Other Transaction Authority in the New Age of Cyber Attacks
    Krista A. Nunez
  • Tackling the Cyber Threat: The Impact of the DoD’s “Network Penetration Reporting and Contracting for Cloud Services” Rule on DoD Contractor Cybersecurity
    Jessica A. Gunzel

Review

  • The Development of Modern Government Contract Law: A Personal Perspective
    Review by Michael W. Mutek

Winter (Vol 46, No 2)

Articles

  • The “Fair Pay and Safe Workplaces” Regulations and Guidance Constitute an Unreasonable Use of Federal Authority
    Cameron S. Hamrick and Roger V. Abbott
  • Victory Through Production: Are Legacy Costs of War Scuttling the “GOCO Model”?
    Robert M. Howard and Shawn T. Cobb

Notes

  • Aligning Practice and Principles: A Call to Eliminate the Use of Site Commissions in Inmate Calling System Contracts
    Brittany J. Finder
  • Calculating Intangibles: Assessing the Argument for Actual Damages Equal to the Contract’s Total Value 385
    Thomas E. Daley III
  • All’s Well That Ends Well: Scanwell Jurisdiction in the Twenty-First Century
    Jordan Hess
  • Infrastructure-Based Public-Private Partnerships: A Partial Solution to Mitigating Funding Challenges in Public Postsecondary Education
    Erica M. Koser

Moot Court Briefs

  • The 2016 Dentons “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Thomas E. Daley III, Zachary H. Schroeder, Matthew Michaels, and Ioana Cristei

2016

Fall (Vol 46, No 1)

Articles

  • Wrong from the Start: Withholding Implied-in-Law Contract Jurisdiction from the Court of Claims
    Frederick W. Claybrook, Jr.
  • Personal Debarment for Non-Distributive Corporate Misconduct: On the Efficacy of Debarring the Individual from Government Contracts for Collective Wrongdoing
    Daniel E. Schoeni
  • Inverted Domestic Corporations: The Government Contract Restriction and Proposed Enhancements
    James J. McCullough, Samuel W. Jack, and Shane C. Hoffmann

Notes

  • Nothing Human Is Alien: The Re-Humanization of the U.S. Immigration Detention System Through Contract Reform
    Esna Abdulamit
  • The Long-Awaited Cuban Reunion: Public Procurement's Role in U.S. – Cuba Relations
    Roya Motazedi
  • Mistake, Fraud, and Waste: mass Inefficiencies in Small Business Programs that Allow Self-Certification
    Matthew Layman
  • From the Mouth of a Shark: Refugee Resettlement and the Need for Procurement Contracts
    Parker Lewton

From the Federal Circuit

  • Successful Advocacy in Government Contracts Appeals before the Federal Circuit: Context is Key
    Jimmie V. Reyna and Nathaniel E. Castellano

Summer (Vol 45, No 4)

Articles

  • Federal Circuit Year-in-Review 2015 — The Federal Circuit Giveth, and the Federal Circuit Taketh
    Brian G. Walsh, Tara L. Ward, Gary S. Ward, Margaret E. Matavich, George E. Petel, and Nina S. Rustgi
  • Attacking Bribery at Its Core: Shifting Focus to the Demand Side of the Bribery Equation
    Lindsay B. Arrieta
  • Protests of Orders: A Drizzle or a Downpour: Examining the Results of the Government Accountability Office’s Exclusive Protest Jurisdiction Following the 2008 NDAA Amendments to FASA
    George Michael Ebert
  • Performance-Enhancing Drugs and the False Claims Act: Why the Government Can’t Make the Cut
    Jeremy S. Harn

Notes

  • Trading Fraud Liability for National Security: A Proposal to Amend the False Claims Act for Cybersecurity Contractors
    Lauren Naylor
  • The Importance of Aligning the U.S. Post Office Closure Process with Government Procurement Ideals
    Marissa E. Perlmutter
  • Provisional and Forgotten: The Department of Homeland Security Should Take Steps to Receive Permanent Other Transactional Authority
    George E. “Trip” Stewart III
  • Applying Yesterday’s Solutions to Today’s Problems on Tomorrow’s IT Procurement: Why the Federal Information Technology Acquisition Reform Act Won’t Solve IT Procurement Problems
    Stephanie Williamson

Spring (Vol 45, No 3)

Articles

  • Suspensions, Debarments, and Sanctions: A Comparative Guide to United States and World Bank Exclusion Mechanisms
    Nathaniel E. Castellano
  • Risk and Expectation in Exclusion from Public Procurement: Understanding Market Access and Harmonization Between the European Union and the United States
    Sati Harutyunyan

Notes

  • How Free Trade Agreements Can Improve Anti-Corruption Enforcement: A Case Study of the United States and Colombia
    Amy Novak Fuentes
  • What About Energy? Why Public-Private Partnerships Are Not Used in the Energy Sector and Whether They Should Be
    Jacob Yaniero
  • The COFC Pre-Award Protest Timeliness Rules: Exactly Where We Want To Be
    Emily Blake
  • Taxation Roulette: Examining the Unpredictability of the Afghan Business Tax for U.S. Government Contractors
    Anthony Bizien

Winter (Vol 45, No 2)

In Memoriam

  • William Bainbridge IV

Articles

  • The Inchoate Mistake: Demystifying the Defense Department’s Competition Problem
    Samuel Mark Borowski
  • Moot Court: The Severin Doctrine and the Forfeiture of Fraudulent Claims Act: The 2015 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts — Moot Court Competition
    Ana Victoria Hubickey, Sylvia Yi, Alexandra Barbee, and Kathryn Thornton

Notes

  • Not by Benevolence Alone: The Use of Project Sukuk to Finance Public-Private Partnerships in Saudi Arabia
    Krista Mancini
  • Freezing the Footprint While Keeping Government Contracts Hot: Legislative Action Needed to Address Federal Real Property Management
    Aimee L. Rider
  • Five Years In: A Review of the Women-Owned Small Business Federal Contract Program
    Rachel N. Herrington
  • When Access Isn’t Equal: Enforcing the Medicaid Equal Access Provision in Medicaid Managed Care Contracts
    Alexandra Barbee

2015

Fall (Vol 45, No 1)

Articles

  • The Use of Withdrawn Factual Stipulations in Debarment Proceedings: A Study in Parallel Processes
    Eric Michael Liddick
  • The (Unacceptable) Cost of Growing Delays in the Suspension and Debarment System
    David B. Robbins and Laura Baker
  • Paying the Piper? How the Federal Circuit Shifted Performance Risk to the Contractor by Redefining Cost Reasonableness
    Candice D. Schubbe

Notes

  • Equality in Exclusion: Empowering Individuals in the Suspension and Debarment System
    Warren Bianchi
  • The FAR and the National Gallery of Art: Regulating Art Acquisitions in the Nation’s Art Museum
    Sarah Elizabeth Gelfand
  • The Federal Reserve: Public Contracting in a World of Shadows
    Aaron J. Friedman
  • Recognizing Sacrifi ce: Prioritizing Contract Awards Within the Service-Disabled Veteran-Owned Small Business Program and the Veterans First Contracting Program
    John P. Fletcher
  • Stop Calling Inverted Companies “Unpatriotic”: It Is Congress’s Patriotic Duty to Provide a Competitive Corporate Environment
    David M. Towarnicky

Summer (Vol 44, No 4)

Articles

  • Federal Circuit Year-in-Review 2014: Where the Rubber Meets the Road
    Daniel P. Graham, Brian G. Walsh, Tara L. Ward, Tyler E. Robinson, Collin D. Swan, and Gary S. Ward
  • Millionaire Protectors — Adjusting the New Rules for the Federal Government Overseas Private Security Contractor Procurement System
    Todd Jason Hanks
  • Beans, Bullets, and Bribery: United States ex rel. Vavra v. Kellogg Brown & Root, Inc. and Expanded Prime Contractor Liability Under the Anti-Kickback Act
    Nick Batter
  • A Balancing Act: State Participation in Free Trade Agreements with “Sub-Central” Procurement Obligations
    Scott Sheffler
  • Capacity Building in Public Procurement: Burma / Myanmar — A Case Study
    Christopher Yukins & James Ruairi Macdonald

Notes

  • Building a Successful E-Procurement System in the United States: Lessons from the South Korean System
    Chan Young Baek
  • Controlling Contracting Fraud: The False Claims Act Pleading Standard and Its Implications for Fraud in the New Health Care System
    Samuel Long
  • Stopping the Limitation of Funds Clause’s Negative Effects on Contractors Following a Government Shutdown
    Chautney McMillian

Spring (Vol 44, No 3)

Articles

  • Second-Best Markets: On the Hidden Effi ciency of Defense Offsets
    Daniel E. Schoeni
  • Legal and Practical Issues in Implementing Executive Order 13673: Fair Pay and Safe Workplaces
    Ken M. Kanzawa
  • Inherently Governmental Functions, Organizational Conflicts of Interest, and the Outsourcing of the United Kingdom’s MoD Defense Acquisition Function: Lessons Learned from the U.S. Experience
    William T. Kirkwood
  • A Restitution Alternative for Department of Defense Agencies to Combat Program Fraud Civil Remedies Act-Level Cases Under FAR 9.4
    Trevor B. A. Nelson

Notes

  • The Cybersecurity Partnership: A Proposal for Cyberthreat Information Sharing Between Contractors and the Federal Government
    Deborah Norris Rodin
  • Reconstructing the Department of Defense’s Approach to Fair Housing: Extending the AFFH Mandate to the Non-Military Civilians DoD Now Houses
    Gwendolyn A. Wilson
  • How Tolerant Is Zero Tolerance? The Loopholes in Anti-Trafficking Federal Contract Regulations
    Sariana García-Ocasio
  • State and Local Governments: Ditch the GSA Schedule and Do It Yourself
    Sylvia Yi

Winter (Vol 44, No 2)

  • Tribute to Carl L. Vacketta upon His Retirement

Articles

  • Hercules, Winstar, and the Supreme Court’s Conspicuous and Potentially Consequential Error
    W. Stanfield Johnson
  • Sustainable Acquisition and the Post-Conflict Environment: Why Adopting a Federal Sustainable Procurement Policy for Post-Conflict Environments That Mirrors Those Adopted by Some Local Governments Would Help Lead to Mission Success
    Katherine M. Urban

Notes

  • The American Recovery and Reinvestment Act: A Fitting Future for Recovery Legislation
    Kameron Hillstrom
  • Getting a Fair Shake: Reducing the Perils of Worker Misclassification on Federally Funded Construction Projects
    Chelsea Leyh
  • The Use of Federal Grant-Making Power to Expand State and Local Procurement Coverage Under the Transatlantic Trade and Investment Partnership
    Kevin McNiff
  • Government Contracting in the Shadow of the October 2013 Federal Government Shutdown
    Darrell Curren

2014

Fall (Vol 44, No 1)

Articles

  • Lost and Found: In Search of a Uniform Approach for Selecting Best Value
    Timothy Bunting
  • The Procurement System of the Japanese Space Agency: A Comparative Assessment
    Keisuke Shimizu
  • Promoting Sustainable Development with Canadian Public Procurement
    David M. Attwater
  • Understanding the WSCA-NASPO Cooperative Purchasing Organization: It’s Time to Invite the Elephant Out of the Corner
    James W. Nelson and Julia A. LoBosco

Notes

  • Accountability for Private Security Contractor Drone Operators on the U.S.-Mexico Border: Applying Lessons Learned from the Middle East
    Katharine Peña
  • Taking the Jeitinho Out of Brazilian Procurement: The Impact of Brazil’s Anti-Bribery Law
    Lindsay B. Arrieta
  • Plugging Loopholes in State Pay-to-Play Statutes: Creating an Effective Anti-Corruption Law
    Monica Njeri Mugure

Summer (Vol 43, No 4)

Articles

  • GAO–COFC Concurrent Bid Protest Jurisdiction: Are Two Fora Too Many?
    James W. Nelson
  • Transaction Management: A Systemic Approach to Procurement Reform
    Aaron S. Ralph
  • War Claims and Private Security Contractors: The Strategic and Regulatory Benefi ts of Paying Host-Nation Claims Against U.S. Contractors
    Steven M. Seigel
  • CICA Stay Overrides at the Court of Federal Claims: What Government Contractors Need to Know
    Cameron S. Hamrick and Michelle E. Litteken

Notes

  • Intellectual Property in an Emerging Commercial Spaceflight Market: Taking Advantage of Other Transaction Authority to Keep Pace with Changing Commercial Practices
    R. Locke Bell
  • Reining in Tax-Delinquent Contractors: How to Increase the Effectiveness of the Federal Acquisition Regulation and the Contracting and Tax Accountability Act
    David Sessions

Moot Court

  • Six-Year Statute of Limitations and Cost Reasonableness: The 2014 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Victoria Braga, Allison Geewax, Christopher Bell, Gregory Matherne, Matthew Heck, and R. Locke Bell

Spring (Vol 43, No 3)

Review

  • Reading The Dream Machine: The Untold Story of the Notorious V-22 Osprey by Richard Whittle, in Light of the Defense Acquisition Performance Study
    Steven L. Schooner and Nathaniel E. Castellano

Articles

  • Interested, but Not Injured: The Compromised Status of Qui Tam Plaintiffs Under the Amended False Claims Act and the Return of the Citizen Suit
    A.G. Harmon
  • The False Claims Act and Data Rights: What Plaintiffs’ Lawyers Need to Know but Do Not Want to Hear
    W. Jay DeVecchio
  • Origin of the Pieces: How to Determine a Pharmaceutical Product’s “Country of Origin”
    Jeffrey Orenstein and Lorraine Campos

Notes

  • Mitigating Counterfeit Electronic Parts Risk: What EPA’s Buy American Checklist Can Teach DoD
    George Petel
  • Electronic Waste Export Regulations: How the Responsible Electronics Recycling Act Can Protect the Defense Supply Chain from Counterfeit Electronic Parts
    Yuan Zhou
  • Introducing New Weapons in the Fight Against Bid Rigging to Achieve a More Competitive U.S. Procurement Market
    Lauren Brinker
  • The Final Frontier: Emergency Procurement in Financial Crises
    Caitlin Colesanti

Winter (Vol 43, No 2)

Articles

  • Effective Construction Claim Resolution: Understanding DCAA
    David G. Anderson
  • Procedural Approaches to Filling Gaps in the Administrative Record in Bid Protests Before the U.S. Court of Federal Claims
    David S. Black and Gregory R. Hallmark
  • Risk Allocation in State Health Care IT Contracting Under the ACA
    Daniel P. Graham, Nooree Lee, and Katherine McDonald
  • The Expansion of Federal Subcontractor Status to Health Care Providers
    Constance A. Wilkinson and Selena M. Brady

Notes

  • CMS Rule Creates Burdensome Version of False Claims Act for Medicare Providers and Suppliers
    Andrew T. Maxham
  • Medicaid Under the Affordable Care Act: Fixing the Gaps Before the Revolution
    Jayne Leemon
  • Improving Effi ciency and Overcoming Political Infl uence in Federally Funded Family Planning and Reproductive Health Services Contracts
    Samantha Peters
  • Procuring Votes: The Hatch Act in the Modern Age of Government Contracting
    Christopher H. Bell

2013

Fall (Vol 43, No 1)

Editor’s Note

  • Reflections on Comparative Public Procurement Law
    Steven L. Schooner

Articles

  • The Good, the Bad, and the Ugly: The EU’s Internal Market, Public Procurement Thresholds, and Cross-Border Interests
    Pedro Telles
  • Lessons from Across the Pond: Comparable Approaches to Balancing Contractual Effi ciency and Accountability in the U.S. Bid Protest and European Procurement Review Systems
    Collin D. Swan
  • Improving the Effectiveness of State Bid Protest Forums: Going Above and Beyond the Agreement on Government Procurement and Adopting the ABA’s Model Procurement Code
    Keith M. Lusby

Notes

  • Breaking the Monopoly: The DoD’s Potential to Reduce Costs in Its Evolved Expendable Launch Vehicle Program
    Peter J. Manno
  • Balancing Goals: FAPIIS’s Effect on Administrative Agreements
    Jessica G. Willard
  • Procuring Protection: Using the False Claims Act to Combat Human Trafficking by Government Contractors
    Caitlin Grimmer
  • The Case for a Systemic Approach to Forest Health, Wildland Fire Risk, Stewardship Contracting, and Federal Procurement Policy
    Kate D’Ambrosio

Summer (Vol 42, No 4)

In Memoriam

  • Allan J. Joseph
    John S. Pachter

Articles

  • Federal Circuit Year-in-Review 2012: Guarding the Gates of Government Contracts Litigation
    Daniel P. Graham, Brian Walsh, W. Barron A. Avery, Tracye Winfrey Howard, Tara L. Ward, Collin D. Swan, and Laura Sherman
  • The Acquisition Supply Chain and the Security of Government Information Technology Purchases
    Michael Ian Morrison
  • Price Realism Analysis in Fixed-Price Contracting: Improving the Evaluation Process
    Alexis J. Bernstein

Notes

  • Helping More Patriots for Less Money: Amending the Defense Base Act to Insure Defense Contractors in War Zones Under the Servicemembers’ Group Life Insurance Plan
    Joshua Schmand
  • Procurement Law Governing the Certifi cation of Qualified Health Plans in Federally Facilitated Health Insurance Exchanges
    Betsy J. Rosen
  • Alaska Native Corporations: Reclaiming the Namesake; Effectuating the Purpose
    Catherine Lynn Allison

Moot Court

  • Blanket Purchase Agreements and Adequacy of Best Value Determinations: The 2013 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Gary Ward, Christopher Salloum, Bradley Carroll, and Keith Lusby

Spring (Vol 42, No 3)

Articles

  • Bid Protests: The Costs Are Real, but the Benefits Outweigh Them
    Daniel I. Gordon
  • Defense Contract Audit Agency’s Access to Contractor Internal Audit Reports: Is Newport News Still the Standard?
    Vincent J. Napoleon and Shanelle Henry
  • Play It Again, SAM: Taking Another Look at How Supplies and Services Are Classified
    Timothy Bunting
  • The Effect of the Court of Federal Claims’ Decision in Systems Application & Technologies, Inc. v. United States on Contracting Officer Discretion to Take Corrective Action in Response to Protests Before the GAO
    Jonathan L. Kang

Notes

  • Fixing the Faults: An Argument Against the Saleh v. Titan Corp. Rule for Private Military Contractor Immunity
    Rodney M. Perry
  • The Battlefield Preemption Doctrine: Preempting Tort Claims Against Contractors on the Battlefield to Preserve Federal Interests in Wartime Matters
    Sonia Tabriz
  • Business Without Bribery: Analyzing the Future of Enforcement for the UK Bribery Act
    Julia Lippman
  • Exceptionalism Run-A-Muck: The Goodyear Doctrine and Its Continued Impact on Government Leases of Real Property
    Keith M. Lusby

Winter (Vol 42, No 2)

Articles

  • Evidence from the False Claims Act: Does Private Enforcement Attract Excessive Litigation?
    David Kwok
  • Sidestepping the Point-Estimate Fallacy: How to Improve the Quality of Government Procurement Decisions by Evaluating the Predictive Value of Cost Realism Analyses
    Per David Midboe
  • Corruption in Municipal Procurement: Foreclosing Challenges of Disappointed Bidders—Augusta, Georgia, and the Need for Reform
    Robert A. Mullins
  • The “Significant Change in the Character of the Work” Clause: Uncertain Federalism in Highway Construction Contracts
    James P. Wiezel

Notes

  • Safeguarding Opportunities for America’s Wounded Warriors: A Proposed Solution to Subcontracting Abuse in the Service-Disabled Veteran-Owned Small Business Program and the Veterans First Contracting Program
    Nichole A. Best
  • To Pay or Not to Pay: Reducing Improper Payments Through the “Do Not Pay” List
    Rachel Cohn
  • FAR (8.602) Gone: A Proposal to Maintain the Benefits of Prison Work Programs Despite the Restructuring of Federal Prison Industries’ Mandatory Source Status
    Michael C. Groh
  • Deterring Compliance: The Effect of Mandatory Debarment Under the European Union Procurement Directives on Domestic Foreign Corrupt Practices Act Prosecutions
    Lauren O. Youngman

Moot Court

  • Affirmative Defenses After Maropakis and the Affirmative Misconduct Element in Equitable Estoppel: The 2012 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Collin D. Swan, James Tucker, Tyler Evans, Anna Karass, Charles Kruly, and Brittany Warren

2012

Fall (Vol 42, No 1)

Articles

  • Let the Government Contract: The Sovereign Has the Right, and Good Reason, to Shed Its Sovereignty When It Contracts
    Stuart B. Nibley and Jade Totman
  • The Federal Circuit’s Abrogation of the NAFI Doctrine: An En Banc Message with Implications for Other Jurisdictional Challenges?
    W. Stanfield Johnson
  • Beyond Judicial Activism: Federal Circuit Decisions Legislating New Contract Requirements
    Richard C. Johnson
  • Observations on the Federal Circuit’s Impact on Bid Protest Litigation Since ADRA
    James J. McCullough, Michael J. Anstett, and Brian M. Stanford
  • En Banc Consideration of Government Contract Issues at the U.S. Court of Appeals for the Federal Circuit
    James J. Gallagher, David J. Ginsberg, and Keith M. Byers
  • Close Encounters: Government Contracts Law Meets Patent Law at the Federal Circuit
    Robert K. Huffman
  • The Plain Meaning Rule in the Federal Circuit: An Update of Case Law After Coast Federal Bank, FSB v. United States
    E. Sanderson Hoe and Mary E. Buxton
  • The Role of the U.S. Court of Appeals for the Federal Circuit in Government Contract Disputes: A Historic View from the Bench
    Ruth C. Burg

Notes

  • How to Win Friends and Influence Government Contracts Law: Improving the Use of Amicus Briefs at the Federal Circuit
    Jayna Marie Rust
  • Pleading Requirements for Claims by Contractors Against the Government: Applying Twombly and Iqbal After the Federal Circuit’s Decision in Todd Construction, L.P.
    Adam Angelo Bartolanzo

In Memoriam

  • Norman L. Roberts, January 17, 1935 – June 12, 2012
    Mark E. Langevin

Summer (Vol 41, No 4)

Articles

  • Death Benefits for Servicemembers: A Case Study on the Department of Veterans Affairs and Its Life Insurance Contract
    Philip S. Hadji
  • Guarding the Guardians: Accountability in Qui Tam Litigation Under the Civil False Claims Act
    Sean Elameto
  • The $435 Hammer and $600 Toilet Seat Scandals: Does Media Coverage of Procurement Scandals Lead to Procurement Reform?
    Airon A. Mothershed
  • Principled or Practical Responsibility: Sixty Years of Discussion
    John Bryan Warnock
  • Expediency at the Expense of Governmental Propriety: Personal Service Contractors in the Procurement Office
    William Charles Moorhouse
  • A Response to Ryan P. Carpenter’s “The Bottom of the Smart Weapon Production Chain: Securing the Supply of Rare Earth Elements for the U.S. Military"
    Nicholas Sanders

Notes

  • Another Perspective on Too Big to Debar: BP, the Environmental Protection Agency, and the World Bank
    Nolan A. Kulbiski
  • The Problems with Using Renewable Energy Certificates to Meet Federal Renewable Energy Requirements
    Loni Silva
  • Mission “Critical Function”: Improving Outsourcing Decisions Within the Intelligence Community
    Evan Sills
  • Reducing Pharmaceutical Fraud: In Search of the Cocktail Prescription
    Joshua C. Snow

Spring (Vol 41, No 3)

Articles

  • Federal Circuit Year-in-Review 2011: Certainty and Uncertainty in Federal Government Contracts Law
    Daniel P. Graham, Brian Walsh, W. Barron A. Avery, Jon Burd, Tracye Winfrey Howard, and Heidi Bourgeois
  • The Perverse Effect of the Multiple Award Schedule’s Price Reductions Clause
    Aaron E. Woodward
  • “In- or Out-”: The Jurisdictional Confusion over Challenges to Agency Decisions to In-Source Contracted Work
    Gabriel D. Soll and Tara L. Ward
  • Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government and Private Industry
    Hugh Barrett McClean

Notes

  • Make Transparency Your Business: The Federal Awardee Performance and Integrity Information System and Its Implications for Contractors
    Jacquelyn L. Stanley
  • The Small Business Set Aside Program: Where Achievement Means Consistently Failing to Meet Small Business Contracting Goals
    Alicia M. Cullen
  • Improving Opportunities for Women-Owned Small Businesses in Federal Contracting: Current Efforts, Remaining Challenges, and Proposals for the Future
    Kathleen Mee
  • Settling the Inherently Governmental Functions Debate Once and for All: The Need for Comprehensive Legislation of Private Security Contractors in Afghanistan
    Anthony LaPlaca

Book Reviews

  • Review: Promoting Good Governance, Development and Accountability
    Review by John Linarelli
  • Review: My Sixty Years as a Public Contract Lawyer; The Enriching Life of George Martin Coburn (1923–2011)
    Reviewed by John S. Pachter

Winter (Vol 41, No 2)

Articles

  • Government IT Procurement Processes and Free Software
    Marco Iansiti
  • Going-Going-Green: Strategies for Fostering Sustainable New Federal Buildings
    Patrick E. Tolan Jr.
  • Implicit versus Explicit Requirements and Independent Research and Development Costs Under ATK Thiokol: Securing the Future of U.S. Technology Investment
    Mark J. Nackman
  • The Reform and Regulation of Public Procurement in Nigeria
    Sope Williams-Elegbe
  • The Revenue Impact of the Two Percent Excise Tax: The Congressional Budget Offi ce Estimates Relating to the James Zadroga 9/11 Health and Compensation Act
    Nicole R. Best

Notes

  • Lost in the Cloud: Protecting End-User Privacy in Federal Cloud Computing Contracts
    Joshua S. Parker
  • The Bottom of the Smart Weapon Production Chain: Securing the Supply of Rare Earth Elements for the U.S. Military
    Ryan P. Carpenter
  • Congressional Watchdogs or Congressional Puppets? Ensuring Transparency, Integrity, and Reliability in Bid Protests at the Government Accountability Office
    Kathleen Ann Kern
  • Limitations of the Contingency Contracting Framework: Finding Effective Ways to Police Foreign Subcontractors in Iraq and Afghanistan
    Carissa N. Tyler

2011

Fall (Vol 41, No 1)

Articles

  • Implied Certifi cation Under the False Claims Act
    Michael Holt and Gregory Klass
  • U.S. Export Controls: Do They Undermine the Competitiveness of U.S. Companies in the Transatlantic Defense Market?
    Nadine Tushe
  • Administrative Contracts Under Saudi Arabian Law
    Ayoub M. Al-Jarbou
  • Competition in the Execution Phase of Public Procurement
    Gabriella M. Racca, Roberto Cavallo Perin, and Gian Luigi Albano

Notes

  • Exporting U.S. Tax Dollars and Control: Nation-Building and Its Implications for Public Contracting
    Parisa J. Manteghi
  • A New Appeals Board: Providing Consistency and Clarity in the Growing World of Grants and Cooperative Agreements
    Alissa Marque
  • Toward a More Agile Government: The Case for Rebooting Federal IT Procurement
    Benjamin J. Balter
  • From iPod to e-Waste: Building a Successful Framework for Extended Producer Responsibility in the United States
    Sarah Fehm

In Memoriam

  • Daniel M. Friedman (1916–2011)

Summer (Vol 40, No 4)

Articles

  • “Other Transaction” Authority: NASA’s Dynamic Acquisition Instrument for the Commercialization of Manned Spaceflight or Cold War Relic?
    Surya Gablin Gunasekara
  • Strict Compliance with Construction Contract Notice Provisions: Detrimental to Contractors and Taxpayers
    Paige Spratt
  • No More “Mad Money”: Salvaging the Commander’s Emergency Response Program
    Heidi Lynn Osterhout

Notes and Briefs

  • Are All Prosecutorial Activities “Inherently Governmental”?: Applying State Safeguards for Victim-Retained Private Prosecutions to Outsourced Prosecutions
    Tyler Grove
  • Recovering Principles: Providing a Bid Protest Forum for Stimulus-Funded Contractors to Improve Accountability and Transparency
    Jeffrey Lowry
  • Plea for Penalty: Remediating Contingency Contract Oversight with Existing but Underutilized Regulatory Mechanisms
    Jess Oyer
  • Regulating the Global Marketplace: Why the U.S. Government Must Revise the Current Rules on Contracting with Foreign-Controlled U.S. Businesses
    Ryan Peterson
  • Plain Meaning and Biased Decision Making: The 2011 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Ashley Barbera, Lucas Hanback, Skye Mathieson, Amy Siadak, Katherine Veeder, and John Ziegler

In Memoriam

  • In Memoriam: Paul G. Dembling (1920–2011)
    Ross Dembling

Spring (Vol 40, No 3)

Articles

  • Path of an Investigation: How a Major Contractor’s Ethics Office and Air Force Procurement Fraud and Suspension/Debarment Apparatus Deal with Allegations of Potential Fraud and Unethical Conduct
    David Robbins, Steven A. Shaw, Rodney A. Grandon, Brian Sears, and Alice Eldridge
  • Homeland Security Presidential Directive 12: How HSPD-12 May Limit Competition Unnecessarily and Suggestions for Reform Sondra Bell Nensala Déjà Vu All Over Again: Cost-Reimbursement Contracts Fall Out of Favor (Again), but Should They?
    Kara M. Sacilotto
  • The Best of Both Worlds: Reciprocal Preference and Punitive Retaliation in Public Contracts
    Kingsley S. Osei
  • Could the Weapon Systems Acquisition Reform Act of 2009 Have Fixed the Problems That Plagued the F-22 Acquisition Project Back in 1981?
    Thomas A. Gabriele

Notes

  • Inching Toward Balance: Reaching Proper Reform of the Alaska Native Corporations’ 8(a) Contracting Preferences
    Daniel K. Oakes
  • Become a Fan of Government Procurement on Facebook: How the Federal Government’s Acquisition Workforce Can Use Social Networking Websites to Recruit New Employees
    Katherine Calogero

Winter (Vol 40, No 2)

Articles

  • The Federal Circuit’s Great Dissenter and Her “National Policy of Fairness to Contractors”
    W. Stanfield Johnson
  • Is the Procurement Integrity Act “Important” Enough for the Mandatory Disclosure Rule? A Case for Inclusion
    Timothy M. Cox
  • Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements
    Bruce Hinchey
  • Small Business Contracting in the United States and Europe: A Comparative Assessment
    Max V. Kidalov
  • A Critical Examination of Offsets in International Defense Procurements: Policy Options for the United States
    Mark J. Nackman

Notes

  • Inching Toward Balance: Reaching Proper Reform of the Alaska Native Corporations’ 8(a) Contracting Preferences
    Daniel K. Oakes
  • Too Big to Mitigate? The Rise of Organizational Conflicts of Interest in Asset Management
    Megan A. Bartley
  • Broken System, Troubled Program: Defense Acquisitions and the KC-X Aerial Refueling Tanker
    Collin Paschall
  • The Dangers of Municipal Concession Contracts: A New Vehicle to Improve Accountability and Transparency
    John Ziegler

2010

Fall (Vol 40, No 1)

Articles

  • 2009 Year in Review: Analysis of Significant Federal Circuit Government Contract Decisions
    Thomas J. Madden, William L. Walsh Jr., J. Scott Hommer III, Lars Anderson, Paul A. Debolt, Terry L. Elling, Robert A. Burton, Rebecca E. Pearson, Dismas N. Locaria, James Y. Boland, Jeffery M. Chiow, Justin J. Wortman, Maria J. del-Cerro, and Brendan M. Lill
  • A Versatile Prism: Assessing Procurement Law Through the Principal-Agent Model
    Christopher R. Yukins
  • The Inadequacy of Surety Bid Bonds in Public Construction Contracting Donavan Bezer Debarment Is No Longer Private World Bank Business: An Examination of the Bank’s Distinct Debarment Procedures Used for Corporate Procurements and Financed Projects
    Todd J. Canni

Notes

  • The Contingency Contracting Corps in Counterinsurgency Operations: Using Money to Effectively Fight Insurgents
    Lucas Hanback
  • Outcome-Based Award Fees: Incorporating Launch and Post-launch Safety Mechanisms into NASA’s Contractual Incentive Structure
    Lia A. Mandaglio
  • The High Cost of Controlling Corruption: The Achilles’ Heel of the OECD-DAC Methodology for Assessment of National Procurement Systems
    Saima J. Zuberi
  • Accessing China’s Public Procurement Market: Which State-Infl uenced Enterprises Should the WTO’s Government Procurement Agreement Cover?
    Skye Mathieson

Tributes

  • In Memoriam: Gene Perry Bond
    Cheryl L. Scott
  • In Memoriam: Eldon H. ( Took) Crowell
    W. Stanfield Johnson and Kent R. Morrison
  • In Memoriam: Eileen P. Fennessy
    Carol Park-Conroy, Jeri Somers, and Don Featherstun

Summer (Vol 39, No 4)

Articles

  • The Incredible Shrinking Contracting Officer
    John S. Pachter
  • The 2009 False Claims Act Amendments: Congress’ Efforts to Both Expand and Narrow the Scope of the False Claims Act
    Robert Salcido
  • The Federal Circuit and Contract Interpretation: May Extrinsic Evidence Ever Be Used to Show Unambiguous Language Is Ambiguous?
    Jerald D. Stubbs
  • Toward a Nuanced Plain Language Approach in Federal Contract Interpretation: What Do Bell BCI, States Roofing, and LAI Services Imply?
    Cameron W. Ellis
  • Recent Developments in Task and Delivery Order Contracting
    Mason Alinger

Notes

  • The End of an Era? How Affirmative Action in Government Contracting Can Survive After Rothe
    Trent Taylor
  • Lessons from the Procurement World: Understanding Why the Government Denies Its Employees Recovery After Infringing Their Copyrighted Works
    Robyn A. Littman
  • Deterring False Claims in Government Contracting: Making Consistent Use of 18 U.S.C. § 287
    Bradley J. Sauer
  • Striking the New Balance: Redefining Earmarking in the Post Randy “Duke” Cunningham World
    Nick Stewart

Moot Court

  • Past Performance: Protest or Dispute? The 2010 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Katerina Horska, Andrew J. Welz, Heather Filemyr, and Jennifer Nock

Spring (Vol 39, No 3)

Articles

  • Reconsidering the Letter of Marque: Utilizing Private Security Providers Against Piracy
    Theodore T. Richard
  • Less Is More: Encouraging Greater Competition in Computer Software Procurement by Simplifying the DFARS Licensing Scheme
    C. Peter Dungan
  • Contract Dispute or Bid Protest? The Delex Systems Dilemma
    Steven W. Feldman and Raymond Fioravanti
  • A Timely Reform: Impose Timeliness Rules for Filing Bid Protests at the Court of Federal Claims
    Raymond M. Saunders and Patrick Butler
  • How Could It Hurt to Ask? The Ability to Clarify Cost/Price Proposals Without Engaging in Discussions
    H. Jack Shearer

Notes

  • The Obama Administration’s Blanket FOIA Policy Is No Comfort to Federal Contractors: The Need for Executive Branch Guidance on Exemption 4 Within the “Openness Regime”
    Oliya S. Zamaray
  • Does Automatic Mean Automatic? The Applicability of the CICA Automatic Stay to Task and Delivery Order Bid Protests
    Ryan Roberts
  • Searching for Clarity: Completing the Unfi nished FAR Part 15 Rewrite
    Erin L. Craig
  • Curbing the World Bank’s Problems with Patronage and Corruption Through the Use of Open Framework Agreements
    Katerina Horska

Book Review

  • A Review of Best Practices in the Acquisition of a Government Contractor
    James F. Nagle

Winter (Vol 39, No 2)

Articles

  • Introduction
    The Hon. Stephen M. Daniels
  • Reconciling Concurrency in Schedule Delay and Constructive Acceleration
    W. Stephen Dale and Robert M. D’Onofrio, P.E.
  • Constructive Acceleration and Concurrent Delay: Is There a “Middle Ground”?
    Thomas H. Gourlay Jr.
  • The Importance of Surety Bond Verification
    Edward G. Gallagher and Mark H. McCallum
  • Obstacles to Economic Stimulus: Increased Government Oversight and the American Recovery and Reinvestment Act of 2009
    Kathryn T. Muldoon
  • The Resurrection of Rice? The Evolution (and De-evolution) of the Ability of Contractors to Recover Delay Damages on Federal Government Construction Contracts
    Thomas J. Kelleher Jr., Eric L. Nelson, and Garrett E. Miller
  • Energy Saving Performance Contracts: Assessing Whether to “Retrofi t” an Effective Contracting Vehicle for Improving Energy Efficiency in Federal Government Facilities
    David R. Frenkil
  • Outsourcing Infrastructure: Expanding the Use of Public-Private Partnerships in the United States
    David W. Gaffey
  • LEEDing the Charge: Using Green Builder Set-Asides to Expand Sustainable Construction and Design
    Nathan S. Page
  • U.S. Electric Utilities: The First Public-Private Partnerships?
    Katharine Southard

2009

Fall (Vol 39, No 1)

Articles

  • 2008 Year in Review: Analysis of Signifi cant Federal Circuit Government Contracts Decisions
    Thomas J. Madden, Paul A. Debolt, Robert A. Burton, Rebecca E. Pearson, Terry L. Elling, Sharon A. Jenks, Dismas N. Locaria, James Y. Boland, and Jeffery Chiow

Notes

  • Foreign Food Aid Procurement: Why Domestic Preferencing Requirements Must Be Substantially Reduced to More Effectively and Efficiently Alleviate Global Hunger
    Derek J. Hanson
  • New FAR Rule on Compliance Programs and Ethics: A Hidden Assault on the Corporate Attorney-Client Privilege
    Jeremy A. Goldman
  • Is It Time to Reform Reciprocal Defense Procurement Agreements?
    Drew B. Miller
  • Kicking the National Habit: The Legal and Policy Arguments for Abolishing Private Prison Contracts
    Lucas Anderson
  • Purchasing in an Unregulated Market: Federal Government Procurement of Carbon Offsets
    Katie Taylor

Summer (Vol 38, No 4)

Articles

  • Somewhat Different, Yet Surprisingly Familiar: Small Business Innovative Research Program and Small Business Technology Transfer Program Contract Award Protests
    David R. White
  • Best Practices for Compliance with the New Government Contractor Compliance and Ethics Rules Under the Federal Acquisition Regulation Sandeep Kathuria Contracting Out Contracting
    Tishisa L. Braziel

Notes

  • Restrictive Legends in Federal Procurement: Is the Risk of Losing Data Rights Too Great?
    Brendan Lill
  • Fraud in the Bidding Process: The Limited Remedies Available to Contractors
    Jessica Fickey
  • Applying the Privacy Act of 1974 to Data Brokers Contracting with the Government
    James McCain
  • Improving Privatization: How Federal Procurement Concepts Can Solve Lingering Problems in State Contracts for Child Welfare
    Kristalyn Loson

Moot Court

  • Court of Federal Claims Task Order Bid Protest Jurisdiction and Expectation Damages: The 2009 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Matthew Chow, Tara L. Ward, Amy Bryan, and Theodore Richard

Spring (Vol 38, No3)

Articles

  • Out of Reach: Improving the System to Deter and Address Criminal Acts Committed by Contractor Employees Accompanying Armed Forces Overseas Steven
    Paul Cullen
  • Shoot First, Ask Questions Later: An Examination and Critique of Suspension and Debarment Practice Under the FAR, Including a Discussion of the Mandatory Disclosure Rule, the IBM Suspension, and Other Noteworthy Developments
    Todd J. Canni
  • The Use of Racial Preferences in Public Procurement for Social Stability
    Christopher R. Noon
  • Are Share-in-Savings Contracting and Public-Private Partnerships Capable of Challenging Traditional Public Procurement Processes?
    Fernanda Kellner de Oliveira Palermo

Notes

  • If You Fix It, They Will Come: Drawing Lessons Learned from Patents for Dealing with Rights in Technical Data
    Eli Mazour
  • Private Military Contractor Liability Under the Worldwide Personal Protective Services II Contract
    Samuel P. Cheadle
  • Reclaiming the Moral High Ground: U.S. Accountability for Contractor Abuses as a Means to Win Back Hearts and Minds
    Abigail Clark
  • Solutions for Premium-Class Air Travel Abuse in Executive Branch Agencies
    Steven Vaccarello
  • Too Much Time, Too Little Power: Waivers of Sovereign Immunity and Their Statutes of Limitations
    David R. Volosov

Book Review

  • Nash and Rawicz Update Their Classic Treatment of Intellectual Property in Government Contracts
    Thomas J. Madden

Winter (Vol 38, No 2)

Articles

  • The Proper Obligation and Use of Appropriated Funds in Interagency Contracting Under Non-Economy Act Authorities: Have We Got It Right Yet?
    James E. Durkee
  • Please Check Your Crystal Ball at the Courtroom Door — A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job
    Frederick E. Claybrook Jr.
  • Modification of a Government Contract Awarded Following a Competitive Procedure
    Omer Dekel

Notes

  • Gotta Have Faith: Why the New Contractor Ethics Rules Miss the Mark
    Michael S. Stanek
  • Withholding Taxes: Too Taxing on Government Procurement
    Rebecca Pereira
  • The Illusory Debriefing: A Need for Reform
    Anna Sturgis
  • Changing Horses in the Middle of the Stream: The Medicare Part D Bidding Process and Its Effect on the Stability of Dual Eligible Beneficiaries
    Julie Kristen Lappas

2008

Fall (Vol 38, No 1)

Articles

  • Protection and Protectionism: The Practicalities of Offshore Software Development in Government Procurement
    David A. Kessler
  • The Slow Erosion of Suretyship Principles: An Uncertain Future for “Pay-When-Paid” and “Pay-If-Paid” Clauses in Public Construction Subcontracts
    Steven J. Koprince
  • Competition and Transparency: What Works for Public Procurement Reform
    Jennifer Jo Snider Smith
  • The Implied Certification Theory: When Should the False Claims Act Reach Statements Never Spoken or Communicated, but Only Implied?
    Susan C. Levy, Daniel J. Winters, and John R. Richards
  • Litigation on Public Contract Performance: A Comparative Study of the Treatment of Additional Costs and Contract Equilibrium by Administrative Judges in the United States and France
    Thierry Kirat and Laurent Vidal
  • The Boundaries of Contract Law in Cyberspace
    Leon E. Trakman

Notes

  • 1,000 Trucks Can’t All Be Wrong: The Untenable Reality of the Specialty Metals Requirement
    Paul M. Kerlin
  • Coordinating the Forces: Military Command of Non-DoD Contractors in Battlespace Emergencies
    Matthew Chow
  • Mission Not Accomplished: Missing Billions in Iraq, Enhanced Whistleblower Protections, and a Large Failure in a Small Step
    Lindsey Nelson
  • Amending the Qui Tam Intervention Provisions: Setting Debar Higher?
    Tara L. Ward

Summer (Vol 37, No 4)

Articles

  • 2007 Year in Review: Analysis of Significant Federal Circuit Government Contracts Decisions
    Thomas J. Madden, John J. Pavlick Jr., Rebecca E. Pearson, Terry L. Elling, Sharon A. Jenks, W. Patrick Doherty, Dismas N. Locaria, and James Y. Boland
  • Post-Disaster Contracting: An Examination of the Costs Associated with the Stafford Act’s Local Contracting Preference and Implementation Proposals to Maximize Community Revitalization
    Jillian L. Morrison
  • The Year in Sustained Bid Protests at the U.S. Government Accountability Offi ce and the U.S. Court of Federal Claims
    Joseph R. Berger
  • Market Failure and Natural Disasters: A Reexamination of Anti-Gouging Laws
    David Skarbek
  • The Public Procurement System in South Africa: Main Characteristics
    Phoebe Bolton

Notes

  • Liability on the Battlefi eld: Adjudicating Tort Suits Brought by Soldiers Against Military Contractors
    Ben Davidson
  • Striking the Right Balance: Extending CFIUS Review to Private Equity Transactions
    Rebecca L. Hinyard
  • The U.S. Government’s Recent Initiatives to Prevent Contractors from Engaging in Traffi cking in Persons: Analysis of Federal Acquisition Regulation Subpart 22.17
    Victoria L. Starks
  • Human Trafficking and Government Contractor Liability: Is FAR 22.17 a Step in the Right Direction?
    John G. Bradbury

Moot Court

  • Foreign Military Sales: Contract Disputes Act Jurisdiction and Third-Party Benefi ciary Issues: The 2008 McKenna Long &' Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
    Joseph R. Oliveri, Steffen Gottlieb Jacobsen, Matthew Chow, and Tara L. Ward

Spring (Vol 37, No 3)

Articles

  • A Clause in Search of Meaning: A Critical Dissection of the Price Reductions Clause (Plus Suggestions for Reform)
    John A. Howell
  • Accountability in Indefinite-Delivery / Indefinite-Quantity Contracting: The Multifaceted Work of the U.S. Government Accountability Office
    Noah B. Bleicher, Wesley I. Dunn, Daniel I. Gordon, and Jonathan L. Kang
  • Conquering Uncertainty in an Indefinite World: A Survey of Disputes Arising Under IDIQ Contracts
    Marko W. Kipa, Keith R. Szeliga, and Jonathan S. Aronie
  • Competition Requirements in General Services Administration Schedule Contracts
    Robert J. Sherry, G. Matthew Koehl, and Sheila A. Armstrong
  • Selling Medical Supplies and Services Through the Department of Veterans Affairs Federal Supply Schedule Program
    Donna Lee Yesner and Stephen Ruscus
  • Multiple Award Contract Reservations: The Examination of an Emerging Confl ict in Small Business Preferencing
    Gerald L. Trepkowski
  • Are IDIQs Inefficient? Sharing Lessons with European Framework Contracting
    Christopher R. Yukins
  • Oversight of GSA Federal Supply Schedule Contracts: From Internal Compliance Programs to Civil False Claims Actions
    Ron R. Hutchinson
  • An Effective Compliance Program: A Necessity for Government Contractors Under IDIQ Contracts and Beyonds
    Carl L. Vacketta and Seamus Curley

Winter (Vol 37, No 2)

Articles

  • The European Space Agency’s Procurement System: A Critical Assessment
    Ioannis Petrou
  • Jumping the (Un)Constitutional Gun?: Constitutional Questions in the Application of the UCMJ to Contractors
    Kara M. Sacilotto
  • Combating Small-Dollar Fraud Through a Reinvigorated Program Fraud Civil Remedies Act
    Michael Davidson
  • The Legal Theory of Competitive Bidding for Government Contracts
    Omer Dekel
  • Editor’s Note: A Response to Omer Dekel’s “Legal Theory of Competitive Bidding”
    Christopher R. Yukins
  • Raising the Hue … and Crying: Do False Claims Act Qui Tam Relators Act Under Color of Federal Law?
    Isaac B. Rosenberg
  • Royalty Robbery: How Statutory Supremacy and the Christian Doctrine Require Oil Companies to Pay Royalties on Leases Missing the Deep Water Royalty Relief Price Threshold Clause
    Emily Heersink
  • Contractor Patent Bandits: Preventing the Government from Avoiding 28 U.S.C. § 1498 Liability for Its Contractors’ Unauthorized Use of Patented Material by Outsourcing One or More Steps of the Process Abroad
    Christine Hlavka

2007

Fall (Vol 37, No 1)

Articles

  • Who’s Making False Claims, the Qui Tam Plaintiff or the Government Contractor? A Proposal to Amend the FCA to Require That All Qui Tam Plaintiffs Possess Direct Knowledge
    Todd J. Canni
  • A Case of Study: Procurement by the Peruvian Electoral Agencies
    Melissa Cossio
  • Unethical Conduct in the Performance of International Government Contracts: AWB Ltd. and the United Nations Oil-for-Food Programme
    Gonzalo Villalta Puig

Review

  • Government Contract Changes, Third Edition, by Ralph C. Nash Jr. and Steven W. Feldman
    Reviewed by James F. Nagle

Notes

  • The Missing Link: The Need for Patent Protection in the Development of Biodefense Vaccines
    Heather Petruzzi
  • The Future of Public Procurement Law in Cuba: Why the UNCITRAL Model Law Is Havana’s Best Option
    Alejandro L. Sarria
  • Getting Their Money’s Worth: Allowing States into the Court of Federal Claims to Recover Grant Application Proposal Costs
    Jacob W. Scott
  • A Principles-Oriented Approach to Regulating Reverse Auctions
    Daniel B. Volk

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