Government Contracts Commons^™

Re-Evaluating Fulton V. City Of Philadelphia: A “Narrow” “Wisp” Of A Decision Or Free Exercise “Bedrock?”, Mark Rienzi

Catholic University Law Review

In Fulton v. City of Philadelphia (2021), a unanimous Supreme Court held that Philadelphia violated the Free Exercise Clause by excluding Catholic Social Services from participating in its foster program because CSS would not certify same-sex couples. Both supporters and critics of the Court’s decision publicly characterized the decision as “narrow” and noted that Philadelphia (and other governments) can easily sidestep Fulton and continue excluding religious providers from foster and adoption programs.

Four years later, the evidence shows that Fulton is anything but narrow. In Philadelphia and in other jurisdictions, Fulton has played a strong role in ending litigation against …

Judicial Deference To Agency Action Based On Ai, Cade Mallett

Catholic University Journal of Law and Technology

No abstract provided.

The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean

Catholic University Law Review

Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in the military …

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 …

Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams

Catholic University Law Review

No abstract provided.

A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker

Catholic University Law Review

No abstract provided.

Look Before You Lend: A Lender’S Guide To Financing Government Contracts Pursuant To The Assignment Of Claims Act, Heidi Mandanis Schooner, Steven L. Schooner

Scholarly Articles

This Article briefly summarizes the origin of the Assignment of Claims Act, discusses the lender's ability to obtain a valid assignment of moneys due or to become due under a government contract (but not the numerous other assignment issues that a government contracts practitioner might confront), analyzes the priorities of competing claims against the government for payment of government receivables, and describes the procedure for asserting a claim against the government for payment.

Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester

Scholarly Articles

Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts' interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff' seeking "structural reform" rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could …

Note, Graylisting Of Federal Contractors: Transco Security Inc. Of Ohio V. Freeman And Procedural Due Process Under Suspension Procedures, Lisa A. Everhart

Scholarly Articles

This Note will examine Transco Security and the impact of the Sixth Circuit's decision on government-wide debarment and suspension regulations proposed by the Office of Federal Procurement Policy. It will demonstrate that in upholding the constitutionality of GSA's suspension regulations, the court has implicitly approved the new OFPP regulations which reduce the judicially-mandated safeguards public contract bidders currently enjoy. The final sections of the Note will address recent congressional hearings on debarment and suspension and proposed legislation that would accord a presumption of validity to individual agency debarments and suspensions on a government-wide basis.