The Rise & Fall of Equitable Offset
The doctrine of equitable offset was used by the U.S. Department of Education (ED) in administrative and judicial proceedings for federal education grantees. The ED’s recent rejection of the doctrine…
Public Contract Law Journal | Fall 2019
Volume 49, Issue 1
Articles
Reinforcing the Rule of Two: The VA's Improper Use of Cascading Evaluations
Full and open competition is vital in federal contracting and small business contracting. The Rule of Two, used by the Department of Veteran Affairs, could provide opportunities for greater competiti…
Grasping Gainsharing: A Business Approach to American Health Care
With the rapid growth of hospital gainsharing, mandatory safeguards must be in place to protect the patients, hospitals and physicians; and create a structure that can be measured in order to achieve…
Innovation in Government Contracting: Increasing Government Reliance on Other Transaction Agreements Mandates a Clear Path for Dispute Resolution
The U.S. Department of Defense’s increasing use of Other Transaction Agreements (OTAs) has created uncertainty surrounding the proper forum for claims arising from OTA performance.
Notes
Holding the Best Olympics Ever: The Need for a Permanent & Independent Human Rights Committee to Oversee Olympic Procurements
Construction contracts used to assist the building of infrastructure required to host the Olympic Games have a history of violating human rights norms. Establishing a permanent human rights committee…
Ensuring Choice in the Veterans Community Care Program: Reforming Scheduling & Claims Processing Systems Under the Choice Act to Guarantee Veterans Timely Healthcare
The U.S. Department of Veteran Affairs must streamline the methods for scheduling appointments, support veterans in scheduling their own appointments, contract out claims processing duties, and desig…
Bug the Bounty Hunter: Recommendations to Congress to Best Effectuate the Purpose of the SECURE Technology Act
The SECURE Technology Act should expand the scope of past bug-bounty programs offered by government agencies to permit hacking attempts against cyberinfrastructures that contain sensitive, highly sen…
The Case for FEMA Adopting a Localized Advance Contracting Strategy: Addressing Major Challenges & Issues that Hindered FEMA's 2017 Hurrican Response & Recover Efforts
The Federal Emergency Management Agency should adopt a localized advanced contracting strategy to address future natural disasters.