In This Issue


The Fly America Act Controversy: An Analysis of GSA Contracts Involving Foreign Carriers and Important Considerations

The General Services Administration (GSA) is tasked with organizing and contracting for the flight needs of the U.S. government.1 For Fiscal Year (FY) 2016, the agency received 21,167 proposals from eight different airlines and made thousands of route awards with a total estimated value of $1.74 billion.2 For FY 2017, the government contracted with multiple airlines in awarding approximately 9,000 different routes.3 While the government seeks best value for these flights, it is also bound by the Fly America Act.4 The Fly America Act aims to help domestic carriers compete against foreign carriers by requiring that foreign transportation of persons or property funded by the U.S. government be furnished by U.S. air carriers.5

Business & Corporate

Developing an Organizational Conflicts of Interest Framework: The U.S. System as a Starting Point

Organizational Conflicts of Interests (OCIs) can, if not mitigated, directly affect the legitimacy of public procurement systems. A government’s approach to handling OCIs is an often-overlooked challenge to the integrity of any procurement system, developed or developing.1 In fact, the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement (UNCITRALModel Law), and the European Union (EU) Directives on Public Procurement give only cursory treatment to this issue.2


To Deal or Not to Deal: Can Circular A-76 Be Made Great Again?

In its prime, Walter Reed Army Medical Center1 was one of the top military medical facilities in the country.2 From presidents to soldiers, it treated a number of historic and famous military personnel and civil servants.3 But in early 2007, The Washington Post published a series of articles exposing the hospital’s declining reputation.4 The articles’ revelations were stunning.5 Hospital staff mistreated and mismanaged suffering soldiers by losing paperwork and quartering them in deplorable conditions,6 often leaving them to care for themselves.7

Federal Government

The Alien Tort Statute: A Way to Find Jurisdiction Over Today's Pirates, U.S. Government Contractors

Currently, there is no effective system to hold U.S. government contractors accountable for customary international law violations that occur abroad. The present convoluted state of the law allows the U.S. government to privatize around violations of international human rights by contracting out many of its functions to companies able to escape liability.1 To resolve this gap in accountability, U.S. courts may interpret ...

Courts & Judiciary

Is Derivative Sovereign Immunity Jurisdictional? An Analysis and Resolution of the Circuit Split

On April 27, 1983, United States Marine Corp pilot Lieutenant David Boyle drowned when his helicopter crashed and sank off the Virginia coast.1 David’s father brought a wrongful death suit against Sikorsky, the helicopter manufacturer, alleging Sikorsky defectively designed the emergency escape hatch.2 The escape door opened only outward, rendering it impossible to open in a submerged craft given the water pressure.3

Topics of Interest

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