Government Contracts | Open Access Articles | Digital Commons Network™

Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer

Pepperdine Law Review

No abstract provided.

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Learning From Brazil And India: The Difference That Inclusion Policies Can Make, Bernd Reiter

Government and International Affairs Faculty Publications

No abstract provided.

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"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether

Cardozo Law Review

No abstract provided.

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Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)

A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)

The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.

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The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff

Faculty Scholarship

For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …

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Government Procurement Law Perspectives: Spring 2012, Government Procurement Law Program

Government Procurement Law Perspectives

No abstract provided.

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The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

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Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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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.

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Empirical Studies Of Contract, Zev J. Eigen

Faculty Working Papers

Since the mid 2000s, a cottage industry has slowly blossomed of empirical research dedicated to advancing accounts of contracts "on the books"--accounting for what contracts tend to purportedly obligate signers to do, and contracts "in action"--accounting for how contracting parties tend to behave. This article reviews this literature, which spans several disciplines, most notably law, economics, and management, identifying eight categories of empirical questions in common across all disciplines, highlighting key findings, points of consensus, and noting areas most pressingly in need of additional research.

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Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

No abstract provided.

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Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand

Indiana Journal of Global Legal Studies

This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.

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Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter

Government and International Affairs Faculty Publications

The quality of contemporary democracies hinges on the breadth and depth of the citizenship regimes on which democracy ultimately rests. This article argues that, to assess citizenship, two important dimensions are of crucial interest, namely to what extent formal citizens are able to live and practice substantive citizenship roles and, secondly, how access to citizenship rights is used by different societal groups in order to defend privilege. Having conducted a comparative case study of Portugal and France, I now argue that political elites are contributing to a framing of non-whites as foreigners and immigrants because it serves their purpose and …

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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.

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A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance, Jessica Tillipman

GW Law Faculty Publications & Other Works

“A House of Cards Falls: Why ‘Too Big to Debar’ is All Slogan and Little Substance” is a critical response to the article, "FCPA Sanctions: Too Big to Debar" by Drury D. Stevenson and Nicholas J. Wagoner, which aptly demonstrates a common, yet fundamentally flawed understanding of the FAR 9.4 suspension and debarment regime. "Too Big to Debar" asserts that when large government contractors violate the Foreign Corrupt Practices Act (FCPA), they should be “punished” by being debarred from the procurement system. Indeed, despite FAR 9.4’s clear directive to use debarment only for the purpose of protecting the government, not …

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Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.

This article asserts …

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Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2011), attempts to identify the key trends and issues for 2012 in U.S. federal procurement. It begins from the premise that the most significant emerging issue in government contracting, looking ahead, is the money (or lack of it). As the fiscal belt tightens, the procurement landscape - what the government buys, from whom, and how - will necessarily change. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. It also discusses the proliferation of …

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Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs

GW Law Faculty Publications & Other Works

In M. Maropakis Carpentry v. United States, the U.S. Court of Appeals for the Federal Circuit upset the commonly understood rules of practice and procedure for government contracts dispute litigation. In what the Supreme Court might view as a drive-by jurisdictional ruling, the court held that a contractor must file its own claim for time extensions before it can defend against a government claim for liquidated damages. Two Court of Federal Claims cases then confirmed fears that the decision would create a significant, disruptive, and disadvantageous change in procedural posture for a large number of contractors defending against government …

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The Civil False Claims Act And Its Unreasonably Broad Scope Of Liability: The Need For Real "Clarifications" Following The Fraud Enforcement And Recovery Act Of 2009, Ryan Winkler

Cleveland State Law Review

This Note analyzes Congress's most recent attempts to recover fraudulently secured government funds through its modifications of the False Claims Act ("FCA"), and concludes that an amendment to the Act is necessary. To begin, Part II.A. presents a brief historical tracking of the FCA, including the original FCA of 1863, and the critical amendments through 1986. Part II.B. explores relevant interpretations by the courts that established the landscape of false claims litigation prior to the Fraud Enforcement and Recovery Act of 2009 ("FERA"), including Allison Engine v. United States ex. rel. Sanders, in which the United States Supreme Court reversed …

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Reflections On The Federal Procurement Landscape, Daniel I. Gordon

GW Law Faculty Publications & Other Works

This paper, published in the Government Contractor, presents the reflections on the author's service as the Administrator for Federal Procurement Policy from 2009 through 2011. The author identifies his three goals for his tenure as Administrator: strengthening the federal acquisition workforce, driving fiscal responsibility in federal acquisition, and rebalancing the relationship with contractors. The author points to reversal of several negative trends, in particular, decline in the size of the federal acquisition workforce during the years 1992-2009, unsustainable annual increases in procurement spending during those years, and an unhealthy overreliance on contractors in performance of key government functions. In each …

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The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

In December of 2011, the Parties to the World Trade Organization Government Procurement Agreement (GPA) adopted significant revisions to the Agreement. The revised Agreement comprises (a) a much-needed modernization of the text of the Agreement, (b) an expansion of related market-access commitments by the Parties, and (c) a set of Future Work Programs intended to enhance transparency among the Parties and improve the administration of the Agreement. In these unstable economic times, the importance of the GPA and its improvements cannot be overstated.

This article also bemoans the media's misrepresentation of the ongoing process of China's negotiated accession into the …

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Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew

Publications

The qui tam provision of the Civil False Claims Act effectively serves to expand the government’s capacity to combat fraud, but also invites abusive prosecution against blameless public contractors. Although the public disclosure jurisdictional bar is designed to permit worthy claimants to proceed as whistle blowers while precluding parasitic opportunists from unfairly imposing litigation costs and reaping undeserved awards, the inconsistent judicial interpretation of the original source exception threatens predictable and just law enforcement. Christopher Alexion’s note categorizes the approaches courts have taken as ranging from permissive, to “middle ground” to restrictive based on the timing of the relator’s disclosure, …

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Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt

Georgetown Law Faculty Publications and Other Works

The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …

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Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

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Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Cardozo Law Review

No abstract provided.

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"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …

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How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Shiow Tsai Lan

Research Collection Yong Pung How School Of Law

Expectations ran high as leaders met last weekend in Jakarta for the 18th Association of South-east Asian Nations (ASEAN) summit. However, the 10-member regional organisation has left two key issues unresolved - including the ongoing conflict surrounding the 900-year-old Preah Vihear temple at the Thai-Cambodian border that has claimed 18 lives and Timor-Leste's formal request for admission into its fold this year.

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A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey

University of the District of Columbia Law Review

This note explores the premise that the Council contract review process applies to all non-exempt agency contracts which meet the $1 million or multiyear thresholds. The first section explores the history of procurement law in the District of Columbia. The second section discusses procurement reform efforts. The third section provides an overview of the parks and recreation contracts controversy. Finally, the fourth section analyzes the procurement authority of exempt and non-exempt District agencies with respect to the legislative powers granted to the Council of the District of Columbia.

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Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton

Theses and Dissertations

Government contractors report earned value (EV) information to government agencies in monthly Contract Performance Reports (CPR). Though major differences may exist in the data between subsequent CPRs, we know of no government effort to detect these occurrences. The identification of major changes may locate and isolate problems and thus prevent million and billion dollar cost and schedule overruns. In this study, we develop an approach to identify changes in the Cost Performance Index (CPI) and the Schedule Performance Index (SPI) that may indicate problems with contract performance. We find the detection algorithm indentifies changes in the CPI and the SPI …

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Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson

Theses and Dissertations

Relational contracting is a method designed to improve relationships between contracted parties. The federal construction sector was a leader in the development and implementation of an early form of relational contracting known as partnering. Since then, alliancing has emerged as the new evolution of relational contracts. While it provides many potential benefits to contracting parties, alliancing has not yet been utilized in federal construction procurement, which is subject to stringent regulations. A commercially available standard form alliancing contract was selected for analysis against the Federal Acquisition Regulation. Key practices that characterize the alliancing method were identified. Utilizing a panel of …

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Full-Text Articles in Government Contracts

Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer

Pepperdine Law Review

Learning From Brazil And India: The Difference That Inclusion Policies Can Make, Bernd Reiter

Government and International Affairs Faculty Publications

"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether

Cardozo Law Review

Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)

A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)

The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff

Faculty Scholarship

Government Procurement Law Perspectives: Spring 2012, Government Procurement Law Program

Government Procurement Law Perspectives

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone

The Journal of Business, Entrepreneurship & the Law

International Procurement, Howard A. Wolf-Rodda, Daniel J. Mitterhoff

Faculty Scholarship

Empirical Studies Of Contract, Zev J. Eigen

Faculty Working Papers

Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand

Indiana Journal of Global Legal Studies

Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter

Government and International Affairs Faculty Publications

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

A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance, Jessica Tillipman

GW Law Faculty Publications & Other Works

Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

Emerging Policy And Practice Issues (2011), Steven L. Schooner, David J. Berteau

GW Law Faculty Publications & Other Works

Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs

GW Law Faculty Publications & Other Works

The Civil False Claims Act And Its Unreasonably Broad Scope Of Liability: The Need For Real "Clarifications" Following The Fraud Enforcement And Recovery Act Of 2009, Ryan Winkler

Cleveland State Law Review

Reflections On The Federal Procurement Landscape, Daniel I. Gordon

GW Law Faculty Publications & Other Works

The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew

Publications

Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt

Georgetown Law Faculty Publications and Other Works

Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil, Arthur J. Jacobson

Cardozo Law Review

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Cardozo Law Review

"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Shiow Tsai Lan

Research Collection Yong Pung How School Of Law

A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey

University of the District of Columbia Law Review

Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton

Theses and Dissertations

Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson

Theses and Dissertations