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Articles 1 - 18 of 18
Full-Text Articles in Government Contracts
Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made
Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The authority to impose blacklisting sanction, particularly in terms of the procurement of government goods/services stipulated in Presidential Regulation 16/2018 and LKPP Regulation 17/2018 may only be exercised by the Budget User (Pengguna Anggaran/”PA”)/Authorized Budget (Kuasa Pengguna Anggaran/”KPA”). Neither the said regulations do also clearly state that the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/”KPPU”) has the authority to impose such blacklisting sanction in relation to the procurement of government goods/services. This research examines the authority of KPPU in imposing blacklisting sanction against business practitioner who are proven violating business competition law and …
Contracting For Algorithmic Accountability, Cary Coglianese, Erik Lampmann
Contracting For Algorithmic Accountability, Cary Coglianese, Erik Lampmann
All Faculty Scholarship
As local, state, and federal governments increase their reliance on artificial intelligence (AI) decision-making tools designed and operated by private contractors, so too do public concerns increase over the accountability and transparency of such AI tools. But current calls to respond to these concerns by banning governments from using AI will only deny society the benefits that prudent use of such technology can provide. In this Article, we argue that government agencies should pursue a more nuanced and effective approach to governing the governmental use of AI by structuring their procurement contracts for AI tools and services in ways that …
The Compliance Mentorship Program: Improving Ethics And Compliance In Small Government Contractors, Jessica Tillipman, Vijaya Surampudi
The Compliance Mentorship Program: Improving Ethics And Compliance In Small Government Contractors, Jessica Tillipman, Vijaya Surampudi
GW Law Faculty Publications & Other Works
Over the past decade, the anti-corruption, ethics, and compliance landscape has changed dramatically. This is a direct consequence of a global anti-corruption enforcement effort led by the United States through its enforcement of the Foreign Corrupt Practices Act. The increase in enforcement has also been spurred by the adoption of several multilateral anti-corruption agreements, such as the Organization for Economic Co-operation and Development (OECD) Anti-Bribery Convention and the United Nations Convention Against Corruption (UNCAC). These agreements have spurred several countries to enact anti-corruption laws, such as the U.K. Bribery Act, Brazil’s Clean Company Act, and France’s Loi Sapin II. The …
Analyzing Cost Growth At Program Stages For Dod Aircraft, Scott J. Kozlak, Edward D. White, Jonathan D. Ritschel, Brandon Lucas, Michael J. Seibel
Analyzing Cost Growth At Program Stages For Dod Aircraft, Scott J. Kozlak, Edward D. White, Jonathan D. Ritschel, Brandon Lucas, Michael J. Seibel
Faculty Publications
This research examines Cost Growth Factors (CGF) at various program stages for 30 Department of Defense aircraft programs. From Milestone (MS) B, the authors determine CGFs at the Critical Design Review (CDR), First Flight (FF), Development Test and Evaluation End, Initial Operational Capability (IOC), and Full Operational Capability. They find development CGFs are significantly larger than procurement CGFs. Additionally, cost growth primarily occurs early in the program. At CDR, which occurs on average at the 12 percent completion point of a program, aircraft programs had already experienced on average 15 percent of their total program cost growth. The first spike …
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, Daniel Horner
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, Daniel Horner
Catholic University Law Review
The Anti-Kickback Act is one of the instruments the Government uses to punish and prevent procurement fraud. The Act creates criminal and civil liability for the use of kickbacks by government contractors. Specifically, the civil provision contains two subsections -- one punishing employees for their actions, and the other punishing employers under a theory of strict liability. In United States ex rel. Vavra v. Kellogg, Brown & Root, the United States Court of Appeals for the Fifth Circuit held that employers are subject to vicarious liability for their employees' violations of the first subsection of the civil suit provision …
Waiting For Leviathan: A Note On Modern Wo'er Trading Co Ltd V Ministry Of Finance Of The People's Republic Of China, Daniel J. Mitterhoff
Waiting For Leviathan: A Note On Modern Wo'er Trading Co Ltd V Ministry Of Finance Of The People's Republic Of China, Daniel J. Mitterhoff
Faculty Scholarship
This article analyzes a Chinese bid protest that has taken nearly seven years to adjudicate, yet as of this writing, no institution of the Chinese state has evaluated the substance of the protester’s bid challenge. Instead, the supplier’s complaint has been snared in a grey area between two of China’s multiple bid protest systems, burdening the supplier to push China’s administrative state to respond. The saga of Modern Wo’Er Trading Company Ltd. v The Ministry of Finance of the People’s Republic of China raises compelling questions about the relationship of China’s 1999 Tender and Bidding Law and China’s 2002 Government …
The Congressional War On Contractors, Jessica Tillipman
The Congressional War On Contractors, Jessica Tillipman
GW Law Faculty Publications & Other Works
The U.S. Suspension & Debarment regime is designed to ensure that the federal government does business only with “responsible” partners. One of the most fundamentally (and frequently) misunderstood aspects of the FAR 9.4 suspension & debarment system is that these tools are only to be used for the purpose of protecting the Government, not to punish contractors for their past misconduct. Unfortunately, recent congressional initiatives demonstrate many legislators’ desire to transform debarment into a tool of punishment by banishing contractors from the procurement system “with little consideration of whether such action is needed or fair."
Instead of focusing on the …
International Procurement, Howard A. Wolf-Rodda, Daniel J. Mitterhoff
International Procurement, Howard A. Wolf-Rodda, Daniel J. Mitterhoff
Faculty Scholarship
This year in review article for 2011 focuses on developments in Chinese procurement law in the realm of socio-economic policies, most notably, policies aimed at (1) enhancing contracting opportunities for China's small and medium business, and (2) preferential treatment of domestically-developed technology products.
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman
The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman
GW Law Faculty Publications & Other Works
As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor’s business, they are naturally at greater risk of violating the FCPA than those companies that do not interact with Government officials on a regular basis.
This article begins by providing an overview of the FCPA and a review of recent FCPA enforcement trends, and then considers the collateral consequences of a violation of the FCPA by Government contractors. In addition to fines, penalties, and …
Foreign Corrupt Practices Act Fundamentals, Jessica Tillipman
Foreign Corrupt Practices Act Fundamentals, Jessica Tillipman
GW Law Faculty Publications & Other Works
Foreign Corrupt Practices Act (FCPA) enforcement activity is currently at its highest level since enactment of the statute in 1977. There were more enforcement actions brought in 2007 than in the years from 2004 to 2006 combined. The message is clear - the U.S. Government is committed to FCPA compliance and there is no evidence enforcement activity will slow any time soon. This article provides a general overview of the FCPA, including a primer on the legislation’s core components: the antibribery prohibitions and the books and records provisions. The article also provides practical guidance with respect to the more challenging …
An Analysis Of The Impact Of Defense Acquisition Reforms And External Factors On Schedule Growth Of Defense Weapon Systems, Michael P. Giacomazzi Iii
An Analysis Of The Impact Of Defense Acquisition Reforms And External Factors On Schedule Growth Of Defense Weapon Systems, Michael P. Giacomazzi Iii
Theses and Dissertations
The growth in the acquisition cycle time of large defense systems from what was planned (i.e., schedule growth) creates several issues for defense acquisition managers and policy makers. These issues include increased likelihoods of cancellations, changes in requirements, and delays in the fielding of improved combat capabilities and replacements for legacy systems, which have resulted in further cost and schedule growth. As a result, Congress, the DoD, and the individual military services implemented several major reforms to address the cost and schedule growth of weapon systems. This research presents an empirical model of schedule growth to evaluate the impact of …
Internal Versus External For Small Weapons Systems, Joseph S. Elkins
Internal Versus External For Small Weapons Systems, Joseph S. Elkins
Theses and Dissertations
The acquisition method used to gain access to new technologies can heavily influence whether our war fighters have the required tools to fight increasing and constantly shifting global threats (Kessler and others, 2000). The purpose of this study was to investigate the process and results of internal laboratory development, testing and fielding of small weapons systems as compared to traditionally acquired systems which encourage customer pull and contractor development. This research provides insight into how Air Force Research Laboratory (AFRL) personnel choose an acquisition method, retain personnel capability, and maximize product capability. This study consolidates the opinions of subject matter …
Acquisition Program Re-Baselines: Theory And Practice, Troy A. Suarez
Acquisition Program Re-Baselines: Theory And Practice, Troy A. Suarez
Theses and Dissertations
The United States Government requires every program manager in the Department of Defense to document program goals prior to the initiation of an acquisition program. According to the Defense Acquisition Guidebook (2005), an Acquisition Program Baseline (APB) satisfies this requirement. Updating the APB, also referred to as re-baselining, may also be required during the execution of an acquisition program. Although guidance is available for the initial production of a program baseline, scarce information on the guidance and theoretical purpose of a program re-baseline exists. The research presented in this thesis investigated the purpose and effectiveness of program re-baselines through interviews …
A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins
A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins
GW Law Faculty Publications & Other Works
The United Nations Commission on International Trade Law (UNCITRAL) has commissioned a working group, with delegations from many industrialized and developing nations, to reform and update the UNCITRAL Model Law on Procurement of Goods, Construction and Services. The working group is currently reviewing reforms on a number of fronts. This essay focuses on three areas of reform in particular - electronic communications, electronic reverse auctions, and unrealistically low bidding - to gauge whether lessons from the UNCITRAL debate may be useful for reform in the U.S. procurement system. As the essay reflects, the international debate surrounding UNCITRAL reform does in …
The Breakdown Of The United States Government Purchase Card Program And Proposals For Reform, Jessica Tillipman
The Breakdown Of The United States Government Purchase Card Program And Proposals For Reform, Jessica Tillipman
GW Law Faculty Publications & Other Works
The Government Purchase Card Program introduced purchase cards to streamline the acquisition of items and services under $2,500. Purchase cards have proved to be extremely efficient, with some estimates putting the savings for the Government at $75 per transaction. Unfortunately, the Government has failed to maintain effective controls over cardholders and this has led to systemic abuse, preventing the Government from realizing the full potential of the purchase card program.
There are three main problems with the current scheme. First, cardholders are ignoring internal controls, resulting in purchases that supervisors cannot verify as consistent with procurement regulations. Second, the proliferation …
Defining International Contracting Terms, Lisa F. Brown, Tony D. White
Defining International Contracting Terms, Lisa F. Brown, Tony D. White
Theses and Dissertations
The purpose of this thesis was to continue the research effort of establishing a baseline of contracting terms which was initiated by Lieutenant Commander Daniel L. Ryan. By accomplishing a thorough literature review, 51 international contracting terms and their existing definitions were gathered and analyzed. The results from the initial analysis were compiled and formed the basis of the draft mail questionnaires which were sent to a panel of experts in the international acquisitions field for feedback. Likert scale ratings and written comments from the panel of experts from the draft survey were used to improve our data collecting instrument. …
Appealing Government Contract Decisions: Reducing The Cost And Delay Of Procurement Litigation With Alternative Dispute Resolution Techniques, Eldon H. Crowell, Charles Pou Jr.
Appealing Government Contract Decisions: Reducing The Cost And Delay Of Procurement Litigation With Alternative Dispute Resolution Techniques, Eldon H. Crowell, Charles Pou Jr.
Maryland Law Review
No abstract provided.