This brief paper discusses the Obama administration's public procurement agenda, major trends that influence the acquisition regime (that now encompasses $500B annually), and significant challenges the administration faces in improving the value it receives for the money it spends. It concludes...

The controversial 'Buy American requirements in Section 1605 of the American Recovery and Reinvestment Act of 2009 threaten to stir protectionism leading to an outright trade war. This could be catastrophic in the current economic crisis, particularly since the Obama administration does not...

This paper, presented at the West Government Contracts Year in Review Conference (covering 2008), attempts to identify the key trends and issues for 2009 in U.S. federal procurement. In large part, the paper focuses upon the challenges facing the incoming Obama administration, which faces a...

This Article describes the doctrinal, functional, and moral flaws inherent in the Gulf Coast Recovery Act (GCRA), a United States Senate bill that would provide liability protection to government contractors engaged in disaster relief work in the areas devastated by Hurricane Katrina, as well as...

This short piece discusses recent (internal) Justice Department guidance for attorneys handling False Claims (FCA) Act cases. In a dramatic policy and practice shift, the memorandum recommends that “when evaluating a recommendation to decline intervention in a qui tam action, attorneys should...

This short piece discusses the congressionally mandated study of bid protests of (or disappointed offeror litigation related to) U.S. defense department procurements. It describes the report, which reflects a serious and objective analysis of some frequently polarizing issues: among other...

This paper/chapter, presented at the Thomson Reuters Government Contracts Year in Review Conference (covering 2018), attempts to identify the key evolving trends and issues in U.S. federal procurement for 2018 and beyond. Consistent with prior practice, this chapter offers extensive coverage of...

This paper, presented at the West Government Contracts Year in Review Conference (covering 2007), attempts to identify the key trends and issues for 2008 in U.S. federal procurement. We bemoan the absence of attention to significant issues by the current Presidential candidates, critique the...