GW Law Faculty Publications
(With Sue Arrowsmith et al.) Public Procurement in (a) Crisis: Global Lessons from the COVID-19 Pandemic (forthcoming Nov. 2021).
(With Gabriella Margherita Racca.) Joint Public Procurement and Innovation: Lessons Across Borders (2019).
(With Racca, Gabriella M.) Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally. Brussels: Bruylant, 2014.
(With Cibinic, John, and Ralph C. Nash.) Formation of Government Contracts. 4th ed. Washington, DC: The George Washington University, 2011; [Riverwoods, IL: Wolters Kluwer, 20--?].
(Contributor) Post-Award Bid Protests at the U.S. Court of Federal Claims. Chicago: American Bar Association, 1997.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
(With John Pachter & Jessica Tillipman.) US Debarment: An Introduction, in The Cambridge Handbook of Compliance 288 (Benjamin van Rooij & D. Daniel Sokol eds., 2021).
(With Abraham Young et al.) GSA’s Commercial Marketplace Initiative: Opening Amazon & Other Private Marketplaces to Direct Purchases by Government Users, 20-13 Briefing Papers (Dec. 2020).
(With Luca Rubini.) ‘The EU Gives Foreign Subsidies Its Best Shot’: One Take on White Paper on Levelling the Playing Field as Regards Foreign Subsidies, Int’l Econ. L. & Pol’y Blog (Oct. 2, 2020, 6:22 AM), https://ielp.worldtradelaw.net/2020/10/guest-post-the-eu-gives-foreign-subsidies-its-best-shot-one-take-on-white-paper-on-levelling-the-pla.html.
(With Laurence Folliot Lalliot.) COVID-19: Lessons Learned in Public Procurement. Time for a New Normal?, Concurrences, Sept. 2020, at 46.
(With Robert Handfield et al.) Emerging from the Pandemic: U.S. Government Poised to Award ‘Commercial Platforms’ Contracts that Will Open Online Marketplaces to Federal Purchasers, 62 Gov’t Contractor ¶ 172 (2020).
United States Procurement and the COVID-19 Pandemic, 29 Pub. Procurement L. Rev. 220 (2020).
(With Kristen Ittig.) Maximizing Recovery: Contractor Reimbursement for COVID-19 Paid Leave Under § 3610 of the CARES Act, 62 Gov’t Contractor ¶ 156 (2020).
(With Robert Anderson.) Feature Comment, Withdrawing the U.S. from the WTO GPA: Assessing Potential Damage to the U.S. and Its Contracting Community, Gov’t Cont., Feb. 12, 2020, at 8.
U.S. Government to Award Billions of Dollars in Contracts to Open Electronic Marketplaces to Government Customers-Though Serious Questions Remain, Gov’t Contractor, Oct. 16, 2019, at 8.
Two US Initiatives on a Collision Course: Trump’s Buy American Order and the New Electronic Marketplaces, 28 Pub. Procurement L. Rev. NA256 (2019).
Administrative Conference of the United States Launches Study of Agency-Level Bid Protests, Gov’t Contractor 1, 3-6 (Aug. 21, 2019).
(With Sope Williams-Elegbe.) The World Bank’s Procurement Framework: An Assessment of Aid Effectiveness, in Public Procurement and Aid Effectiveness 277 (Annamaria La Chimia & Peter Trepte eds., 2019).
(With Allen B. Green.) International Trade Agreements in US Procurement Law, in The Contractor’s Guide to International Procurement 148 (Erin Felix & Marquess O. Peterson eds., 2018).
(With Michał Kania.) Suspension and Debarment in the U.S. Government: Comparative Lessons for the EU’s Next Steps in Procurement, 2019 UrT 47, https://www.urt.cc/sites/default/files/UrT%2019-2%20Yukins-Kania.pdf.
A Response to Melissa Copeland’s Call to Action: Addressing Organizational Conflicts of Interest in an Update to the MPC, Procurement Law., Winter 2019, at 16.
The U.S.-Mexico-Canada Agreement (USMCA): Some Surprising Outcomes in Procurement, Gov’t Contractor 1 (Oct. 10, 2018).
European Commission Proposes Expanding the European Defence Fund – A Major Potential Barrier to Transatlantic Defense Procurement, Gov’t Contractor 1, 3-5 (June 27, 2018).
(With Daniel Ramish.) Section 809 and “e-Portal” Proposals, By Cutting Bid Protests in Federal Procurement, Could Breach International Agreements and Raise New Risks of Corruption, Gov’t Contractor 1, 3-8 (May 2, 2018).
The U.S. Federal Procurement System: An Introduction, 2017 Upphandlingsrättslig Tidskrift 69, https://www.urt.cc/?q=node/187.
US Government Contracting in the Context of Global Public Procurement, in The Internationalization of Government Procurement Regulation 264 (Aris C. Georgopoulos et al. eds., 2017).
Brexit and Procurement: A US Perspective on the Way Ahead, 26 Pub. Procurement L. Rev. 71 (2017).
(With Michael Bowsher.) Brexit and the Trump Election: Finding a Way Forward for Transnational Procurement: The Year that Changes Almost Everything, 11 European Procurement & Pub. Priv. L. Rev. 258 (2016).
Feature Comment: Assessing Brexit’s Potential Impact on Procurement, Gov’t Contractor, June 29, 2016, at 5.
(With Cristiana Fortini, & Mariana Avelar.) A Comparative View of Debarment and Suspension of Contractors in Brazil and in the USA, 16 A&C - Revista De Direito Administrativo & Constitucional, no. 66, 2016, at 61-83.
International Protection of Free Trade in Procurement Under NAFTA’s Chapter 10 on Public Procurement: The Pathway from NAFTA to WTO Government Procurement Agreement to a Potential European-US Transatlantic Trade and Investment Partnership, in Transnational Law of Public Contracts 107 (Mathias Audit & Stephan W. Schill, eds., 2016).
(With Macdonald, James Ruairi.) "Capacity Building in Public Procurement: Burma/Myanmar -- A Case Study," 44 Public Contract Law Journal 749-754 (2015).
(With Schnitzer, Johannes S.) "GPA Accession: Lessons Learned on the Strengths and Weaknesses of the WTO Government Procurement Agreement," 7 Trade, Law and Development 89-119 (2015).
(With Priess, Hans-Joachim.) "Breaking the Impasse in the Transatlantic Trade and Investment Partnership (TTIP) Negotiations: Rethinking Priorities in Procurement," Government Contractor, July 23, 2014, at 1, 3-7.
(With Racca, Gabriella M.) "Steps for Integrity in Public Contracts," in Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally, p. 1-10. Ed. by Gabriella M. Racca and Christopher R. Yukins. Brussels: Bruylant, 2014.
"Cross-Debarment: A Stakeholder Analysis," 45 The George Washington International Law Review 219-234 (2013).
"Rethinking the World Bank's Sanctions System," Government Contractor, Nov. 13, 2013, at 1, 3-7.
(With Piga, Gustavo.) "Set-Asides for Small and Medium Firms, as in the USA System with the Small Business Act that Reserves Shares of Tenders to SMEs only: Dialogue," in The Applied Law and Economics of Public Procurement. Ed. by Gustavo Piga and Steen Treumer. Rome: Interdisciplinary Symposium on Public Procurement, 2013.
"A Versatile Prism: Assessing Procurement Law Through the Principal-Agent Model," 40 Public Contract Law Journal 63-86 (2010).
(With Goodwin, David P., et al.) "International Procurement," 44 International Lawyer 261-272 (2010).
(With Wallace, Don, and Jeffrey Marburg-Goodman.) "International Procurement." (International Legal Developments in Review: 2008.) 43 International Lawyer 571-575 (2009).
(With Schooner, Steven L.) "Public Procurement: Focus on People, Value for Money and Systemic Integrity, Not Protectionism," The Collapse of Global Trade, Murky Protectionism, and the Crisis: Recommendations for the G20, p. 87-92. Edited by Richard Baldwin and Simon J. Evenett. London: Centre for Economic Policy Research, 2009.
Available at https://ssrn.com/abstract=1356170.
(With Schooner, Steven L.) "Tempering 'Buy American' in the Recovery Act: Steering Clear of a Trade War," 51 The Government Contractor no. 10, p. 4-10 (March 11, 2009).
Reprinted in The New Landscape of Government Contracting, p. 49-59. Wayne, PA : Andrews Publications, 2010.
(With Jennings, Regina M.) "The Evolving US Experience with Electronic Public Procurement," in Le controle des marches publics, p. 197-216. Ed. by Gerard Marcou. Paris: IRJS, 2009.
"Are IDIQs Inefficient? Sharing Lessons with the European Framework Contracting," 37 Public Contracts Law Journal 545-568 (2008).
"Editor's Note: A Response to Omer Dekel's 'Legal Theory of Competitive Bidding,'" 37 Public Contracts Law Journal 269-270 (2008).
(With Schooner, Steven.). "Incrementalism: Eroding the Impediments to a Global Public Procurement Market." 38 Georgetown Journal of International Law 529-576 (2007).
Available at: http://ssrn.com/abstract=1002446.
"Integrating Integrity and Procurement: The United Nations Convention Against Corruption and the UNCITRAL Model Procurement Law." 36 Public Contract Law Journal 307-329 (2007).
"A Case Study in Comparative Procurement Law: Assessing UNCITRAL's Lessons for U.S. Procurement." 35 Public Contract Law Journal 457-484 (2006).
"Hurricane Katrina Brings Transparency to Task-Order Contracting." Service Contractor 16 (Contract Service Ass'n, Winter 2006).
(With Don Wallace, Jr., Jason Matechak & Jeffrey Marburg-Goodman). "International Procurement." 40 International Lawyer 337-350 (2006).
"Preface." 35 Public Contract Law Journal vii-viii (2006).
"A Pedagogical Perspective on Training the Acquisitions Workforce." 47 The Government Contractor, no. 18, par. 204, p. 6-9 (May 4, 2005).
Available at https://ssrn.com/abstract=719685.
(With Schooner, Steven L.). "Emerging Policy and Practice Issues (2005)." 2005 Thomson/West Government Contracts Year in Review, ch. 9.
Available at https://ssrn.com/abstract=887355.
"Ethics and Compliance: A Perfect Storm of Scandal." Service Contractor (Contract Services Ass'n, Fall 2005).
"Hurricane Katrina's Tangled Impact on U.S. Procurement." 47 The Government Contractor, par. 387 (Sept. 7, 2005).
Available at http://ssrn.com/abstract=810764.
"Katrina's Continuing Impact on Procurement--Emergency Procurement Powers in H.R. 3766." 47 The Government Contractor, no. 35, par. 397, p.1-3 (Sept. 21, 2005).
Available at https://ssrn.com/abstract=811265.
(With Wallace, Don, Jr.). "UNCITRAL Considers Electronic Reverse Auctions, as Comparative Public Procurement Comes of Age in the United States." 2005 Public Procurement Law Review, no. 14, p. 183.
Draft available at https://ssrn.com/abstract=711847.
(With Wallace, Don, Jr. & Jason P. Matechak). "UNCITRAL Model Procurement Law: Reforming Electronic Procurement, Reverse Auctions, and Framework Agreements." 40 Procurement Lawyer, no. 2 (Winter 2005).
Draft available at https://ssrn.com/abstract=711401.
"Understanding the Current Wave of Procurement Reform--Devolution of the Contracting Function." 47 The Government Contractor, no. 22, par. 255, p. 8-14 (June 8, 2005).
Available at https://ssrn.com/abstract=743046.
"Making Federal Information Technology Accessible: A Case Study in Social Policy and Procurement." 33 Public Contract Law Journal 667 (Summer 2004).
"Ethics in Procurement: New Challenges after a Decade of Reform." 38 Procurement Lawyer no. 3, p. 3-5 (Spr. 2003).
(with Khattab, Mohab). "Iraqi Construction Awards Should Not be Immune from Review." 80 Federal Contracts Report no. 18, p. 512-516 (Nov. 18, 2003).
"Emerging Legal Issues in DOD's Shift to E-Business." 43 The Government Contractor, no. 3, pp. 1-8 (Jan. 24, 2001).
"DOD PKI Plan Raises Liability, Relevance Issues." 12 Federal Computer Week, No. 35, pp. 19-21 (Oct. 5, 1998).
"Electronic Commerce: OFPP's Strategic Plan Falls Short in Providing Needed Guidance." Federal Computer Week 19-20 (Mar. 30, 1998).
"FACNET: Has Congress Struck a Mortal Blow?" Washington Technology (Jan. 12, 1998).
(With Kennedy, Laura). "Feature Comment: A Year of Progress: The New Federal Court Bid Protest Jurisdiction." 40 The Government Contractor, no. 4, pp. 3-7 (Jan. 28, 1998).
(With Allen, Rand). "Bid Protests and Contract Dispute Under the FAA's New Procurement System." 26 Public Contract Law Journal 135-155 (1997)
"Minimizing Risk in Federal Electronic Commerce." Federal Acquisition Report (April 1997).
"Supreme Court Protects Government Contractors' First Amendment Rights." 32 The Procurement Lawyer, no. 2, pp. 9-10, 14 (Winter, 1997).
"Analysis of Procurement Reform Measures in FY 1996 Defense Authorization Act." 38 The Government Contractor, no. 6, pp. 3-13 (Feb. 14, 1996).
"Managing Electronic Commerce on the Federal Acquisition Computer Network (FACNET)." 27 National Contract Management Journal, no. 1, pp. 35-49 (1996).
(With Andrea Sundstrand & Michael Bowsher.) Tale of Three Regulatory Regimes – Dynamic, Distracted and Dysfunctional: Sweden, the United Kingdom and the United States, in 2017 Gov’t Contracts Year in Review Conf. Briefs Int’l 2-1 (2018), https://ssrn.com/abstract=3135805.
Chapter author, "The Federal Publications Year in Review Conference Briefs." Washington, D.C.: Federal Publications, 2012.
2011 - http://ssrn.com/abstract=2031553.
(With Folliot-Lalliot, Laurence). "Revision de la Loi Type sur les Marches Publics de la CNUDCI." Contrats Publics, no. 51, p. 36 (Jan. 2006).
(With Schooner, Steven). "Adding Up Efficiency's Cost." 26 Legal Times no. 43 (Nov. 1, 2004).
(With Schooner, Steven L.). "A Measure of Success." Legal Times 34 (March 17, 2003).
"The Risk of MAS Appeal: Expansion of the Multiple Award Schedules." 20 Legal Times, no. 6, pp. S45-S47 (June 23, 1997).