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2007

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Institution
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Articles 31 - 35 of 35

Full-Text Articles in Government Contracts

2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv Jan 2007

2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv

American University Law Review

In 2006, the Federal Circuit issued over two hundred and fifty precedential opinions and orders. This article discusses sixteen precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and key points for practitioners to glean from each case. This article also includes a discussion of the Federal Circuit’s September 2006 opinion regarding the TRICARE Pharmacy Benefits Program (“TPBP”) refund program, a case that the pharmaceutical industry watched closely. The decisions have been grouped into the following categories: jurisdiction, contract interpretation, costs, contract termination, bid protests, and patent rights.

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Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner Jan 2007

Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner

GW Law Faculty Publications & Other Works

Following decades of international negotiations and agreements, the world's multi-trillion-dollar public procurement market appears to be maturing into a free, open international market. To reach that point, nations must lower a broad array of barriers to trade in procurement. As the U.S. experience demonstrates, purchasing agencies, laboring under the constraints of domestic preferences, may effectively seek to promote free trade. At the same time, a variety of international organizations, from the World Trade Organization to Transparency International, have developed tools and instruments - including model codes and explicit nondiscrimination agreements - that ease barriers to trade in procurement. To accelerate …

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Private Attorneys General V. "War Profiteers": Applying The False Claims Act To Security Contractors In Iraq, Bryan Terry Jan 2007

Private Attorneys General V. "War Profiteers": Applying The False Claims Act To Security Contractors In Iraq, Bryan Terry

Seattle University Law Review

In order to provide context for the Custer Battles court's opinion, Part II of this Note generally describes the FCA and the policies behind its qui tam provision, discusses policy rationales behind the use of private security contractors by the U.S. government, and highlights how security contractors like Custer Battles fit into that picture within the reality of present-day Iraq. Part III examines the reasoning of the Custer Battles court, and Part IV critiques that reasoning and the application of precedent in this case. Part V proposes an alternative to the court's reasoning which more closely aligns with the interests …

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The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck Jan 2007

The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck

Law Faculty Publications

This article details a case illustration where federal law intersects with trade secret questions, a subject normally governed by state laws.

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Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins Jan 2007

Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2006), attempts to identify the key trends and issues for 2007 in U.S. federal procurement. In large part, the paper discusses the Draft Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). Proceeding from the simple premise that the private sector does a better job with procurement by planning carefully and employing aggressive competition, we discuss, among other things, the inaccuracies that plague the Federal Procurement Data System; the dramatic post-2000 trend in increased …

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