PCLJ Spring 2023 (52:3)

Articles

Federal Government

Equitable Limitations on Government Counterclaims for Common-Law Fraud

Thomas E. Daley III & Richard P. Rector

A U.S. Supreme Court decision in 2020 forecloses a government argument that the proper measure of damages for a common-law fraud counterclaim should be equal to all monies paid under the contract.

Contracts

Ostensible What? Subcontracting Gone Wrong

Will Jamison

When a small business prime contractor and a large business subcontractor work together on a federal contract, the Ostensible Subcontractor Rule and Limitations on Subcontracting clause have major implications. This article helps manage those issues.

Space

Space Race 2.0: How Launching an Acquisition System Focused on Other Transaction Authority Can Achieve and Maintain U.S. Superiority in the Most Consequential Warfighting Domain

Tyler C. Weeks

Aggressive militarization of space by China and Russia has created Space Race 2.0—a race to secure space superiority. To prevail, and thereby protect global security, America must utilize a military space acquisition system focused on OT authority.

Notes

Public Contract

Confronting Collusion with Qui Tam: Why the Department of Justice Antitrust Division Should Bolster Its Leniency Program with a Whistleblower Provision

Maura Bradley

The DoJ can increase instances of detecting and prosecuting collusion in government contracts by modifying centers within the Antitrust Division to process whistleblower information and qui tam suits.

Military & Veterans

Is That Purchase Authorized?: How the Department of Defense Should Amend Its Government Purchase Card Program to Proactively Prevent Improper Use

Alexander Cardinal

The federal government spends billions of dollars annually with government purchase cards. But these cards continue to be improperly used. To address this improper use, the DoD should require Approving/Billing Officials to pre-approve all purchases.

Human Rights

Minimizing Prison Abuses and Contract Opportunities: Biden’s End to Private Prisons and Implications of Procurement, Employment, and Reform

Kelly A. Kirchgasser

After President Biden’s introduction of Executive Order 14006, an effort to end federal private prisons, this Note explores the intricacies of prison contracting and analyzes challenges associated with eliminating a sector of federal contracts.

Labor & Employment

Disabled Business Owners and the 8(a) Program: Creating a Set-Aside Federal Contract Special Interest Group for Disabled-Owned Small Businesses

Michaela McDowell

Congress should create a new special interest group within the 8(a) set-aside federal contracting program for disabled-owned small businesses in order to achieve important legislative goals related to domestic disability rights and employment policy.

Renew Your ABA Membership

Spring 2023 (52:3)

Strengthening the Prohibition of Forced or Indentured Child Labor in Government Contracts: A Critical Analysis of FAR Subpart 22.15

Articles

Equitable Limitations on Government Counterclaims for Common-Law Fraud

Ostensible What? Subcontracting Gone Wrong

Space Race 2.0: How Launching an Acquisition System Focused on Other Transaction Authority Can Achieve and Maintain U.S. Superiority in the Most Consequential Warfighting Domain

Notes

Confronting Collusion with Qui Tam: Why the Department of Justice Antitrust Division Should Bolster Its Leniency Program with a Whistleblower Provision

Is That Purchase Authorized?: How the Department of Defense Should Amend Its Government Purchase Card Program to Proactively Prevent Improper Use

Minimizing Prison Abuses and Contract Opportunities: Biden’s End to Private Prisons and Implications of Procurement, Employment, and Reform

Disabled Business Owners and the 8(a) Program: Creating a Set-Aside Federal Contract Special Interest Group for Disabled-Owned Small Businesses

ABA Resources

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Renew Your ABA Membership

American Bar Association TM American Bar Association

Spring 2023 (52:3)

Strengthening the Prohibition of Forced or Indentured Child Labor in Government Contracts: A Critical Analysis of FAR Subpart 22.15

Articles

Equitable Limitations on Government Counterclaims for Common-Law Fraud

Ostensible What? Subcontracting Gone Wrong

Space Race 2.0: How Launching an Acquisition System Focused on Other Transaction Authority Can Achieve and Maintain U.S. Superiority in the Most Consequential Warfighting Domain

Notes

Confronting Collusion with Qui Tam: Why the Department of Justice Antitrust Division Should Bolster Its Leniency Program with a Whistleblower Provision

Is That Purchase Authorized?: How the Department of Defense Should Amend Its Government Purchase Card Program to Proactively Prevent Improper Use

Minimizing Prison Abuses and Contract Opportunities: Biden’s End to Private Prisons and Implications of Procurement, Employment, and Reform

Disabled Business Owners and the 8(a) Program: Creating a Set-Aside Federal Contract Special Interest Group for Disabled-Owned Small Businesses

ABA Resources

The ABA

Connect