Volume 38

Number 1, Fall 2008


Protection and Protectionism: The Practicalities of Offshore Software Development in Government Procurement
David A. Kessler

The Slow Erosion of Suretyship Principles: An Uncertain Future for “Pay-When-Paid” and “Pay-If-Paid” Clauses in Public Construction Subcontracts
Steven J. Koprince

Competition and Transparency: What Works for Public Procurement Reform
Jennifer Jo Snider Smith

The Implied Certification Theory: When Should the False Claims Act Reach Statements Never Spoken or Communicated, but Only Implied?
Susan C. Levy, Daniel J. Winters, and John R. Richards

Litigation on Public Contract Performance: A Comparative Study of the Treatment of Additional Costs and Contract Equilibrium by Administrative Judges in the United States and France
Thierry Kirat and Laurent Vidal

The Boundaries of Contract Law in Cyberspace
Leon E. Trakman


1,000 Trucks Can’t All Be Wrong: The Untenable Reality of the Specialty Metals Requirement
Paul M. Kerlin

Coordinating the Forces: Military Command of Non-DoD Contractors in Battlespace Emergencies
Matthew Chow

Mission Not Accomplished: Missing Billions in Iraq, Enhanced Whistleblower Protections, and a Large Failure in a Small Step
Lindsey Nelson

Amending the Qui Tam Intervention Provisions: Setting Debar Higher?
Tara L. Ward


Number 2, Winter 2009


The Proper Obligation and Use of Appropriated Funds in Interagency Contracting Under Non-Economy Act Authorities: Have We Got It Right Yet?
James E. Durkee

Please Check Your Crystal Ball at the Courtroom Door—A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job
Frederick E. Claybrook Jr.

Modification of a Government Contract Awarded Following a Competitive Procedure
Omer Dekel


Gotta Have Faith: Why the New Contractor Ethics Rules Miss the Mark
Michael S. Stanek

Withholding Taxes: Too Taxing on Government Procurement
Rebecca Pereira

The Illusory Debriefing: A Need for Reform
Anna Sturgis

Changing Horses in the Middle of the Stream: The Medicare Part D Bidding Process and Its Effect on the Stability of Dual Eligible Beneficiaries
Julie Kristen Lappas


Number 3, Spring 2009


Out of Reach: Improving the System to Deter and Address Criminal Acts Committed by Contractor Employees Accompanying Armed Forces Overseas
Steven Paul Cullen

Shoot First, Ask Questions Later: An Examination and Critique of Suspension Debarment Practice Under the FAR, Including a Discussion of the Mandatory Disclosure Rule, the IBM Suspension, and Other Noteworthy Developments
Todd J. Canni

The Use of Racial Preferences in Public Procurement for Social Stability
Christopher R. Noon

Are Share-in-Savings Contracting and Public-Private Partnerships Capable of Challenging Traditional Public Procurement Processes?
Fernanda Kellner de Oliveira Palermo


If You Fix It, They Will Come: Drawing Lessons from Patents for Dealing with Rights in Technical Data
Eli Mazour

Private Military Contractor Liability Under the Worldwide Personal Protective Services II Contract
Samuel P. Cheadle

Reclaiming the Moral High Ground: U.S. Accountability for Contractor Abuses as a Means to Win Back Hearts and Minds
Abigail Clark

Solutions for Premium-Class Air Travel Abuse in Executive Branch Agencies
Steven Vaccarello

Too Much Time, Too Little Power: Waivers of Sovereign Immunity and Their Statutes of Limitations
David R. Volosov

Book Review

Nash and Rawitz Update Their Classic Treatment of Intellectual Property in Government Contracts
Reviewed by Thomas J. Madden


Number 4, Summer 2009


Somewhat Different, Yet Surprisingly Familiar: Small Business Innovative Research Program and Small Business Technology Transfer Program Contract Award Protests
David R. White

Best Practices for Compliance with the New Government Contractor Compliance and Ethics Rules under the Federal Acquisition Regulation
Sandeep Kathuria

Contracting Out Contracting
Tishisa L. Braziel


Restrictive Legends in Federal Procurement: Is the Risk of Losing Data Rights Too Great?
Brendan Lill

Fraud in the Bidding Process: The Limited Remedies Available to Contractors
Jessica Fickey

Applying the Privacy Act of 1974 to Data Brokers Contracting with the Government
James McCain

Improving Privatization: How Federal Procurement Concepts Can Solve Lingering Problems in State Contracts for Child Welfare
Kristalyn Loson

Moot Court

The 2008 McKenna Long & Aldridge Gilbert A. Cuneo Government Contracts Moot Court Competition
Matthew Chow, Tara L. Ward, Amy Bryan, and Theodore Richard