Index

2022

The Need to Reform the McNamara – O’Hara Service Contract Act.
RETREATING FROM REFORM: “We Have Met The Enemy, And He Is Us!”
CONTRACTING PROCESS INTERTIA: The Enduring Appeal Of The Essay-Writing Contest
NEW LIMITATIONS ON SUBCONTRACTING: New Rules, New Uncertainties.

2021

No Time to Waste: Embracing Sustainable Procurement to Mitigate the Accelerating Climate Crisis.
Commercial Items: Confusion In Court.
Postscript: Source Selection Decisions.
A Primer On Source Selection Planning: Evaluation Factors And Rating Methods.
SCORING OR RATING IN SOURCE SELECTION: A Continuing Source Of Confusion.
Sustainable Procurement: Building Vocabulary To Accelerate The Federal Procurement Conversation.
Contract Line Items.
GSA’s Commercial Marketplaces Initiative: Opening Amazon and Other Private Marketplaces To Direct Purchases By Government Users, Briefing Papers.
Performance Work Statements: The Policymakers’ Monster—Where Is Our Theseus?
Open Source Software Licensing and Copyright Law in Government Contracts: an Update to the OSEHRA Open Source Contractor's Guide 2-1.

2020

Brand Name or Equal: Without "Equal," It's Not Competitive
FRICTIONLESS ACQUISITION: A New Initiative by the Office of Federal Procurement Policy.
Faster Than A Speeding Bullet, Three Times Higher Than The Tallest Mountain. Robert Antonio
The Compliance Mentorship Program: Improving Ethics and Compliance in Small Government Contractors.
On the Non-Tariff Barriers Obstructing Free Trade in the Transatlantic Defense Procurement Market.
The JEDI Acquisition: Innovation Rejected.
Innovation for Hire: A Descriptive Study of Federal Acquisitions and Contractor R&D.
Supremacy, Inc.

2019

Professional Reading: Negotiating Advice from Gordon Wade Rule.

2018

Three Competing Options for Acquiring Innovation.
Whither Innovation?: Why Open Systems Architecture May Deliver on the False Promise of Public-Private Partnerships.
Government Procurement and Changes in Firm Transparency.
The U.S. Federal Procurement System: An Introduction.
Congress Passes Too Much Acquisition Legislation.

2017

Does the FAR Apply to Federal Contractors? No!
CONTRACT FORMATION WITHOUT CONVERSATION: How Do You Do That? Why Would You Want To?
THE FAR: Does It Have Contractual Force And Effect?
"HIGHEST TECHNICALLY RATED OFFERORS WITH FAIR AND REASONABLE PRICING”: A New Source Selection Technique.

2016

How Many Bid Protests Is Too Many?
Sticks and Stones: How Words and Terms of Art Can Hurt the Contracting Profession.

2015

FAR 8.405-2 Acquisitions vs. FAR 15 Negotiated Procurement
Market Research--A Tale of Two Markets

2014

Gifts, Hospitality & the Government Contractor
Secrets of Superstar Contracting Professionals
Review Essay: Reading the Dream Machine: The Untold Story of the Notorious V-22 Osprey, by Richard Whittle, in Light of the Defense Acquisition Performance Study
Dissecting GAO's Bid Protest 'Effectiveness Rate'
Emerging Policy and Practice Issues (2014)
Integrity Challenges in the EU and U.S. Procurement Systems

2013

The Congressional War on Contractors
Dangers of Source Selections: Debriefings
What’s in a name: REA versus claim
Bid Protests: The Costs are Real, but the Benefits Outweigh Them
Emerging Policy and Practice Issues
Crafting Compelling Contracting Officer’s Final Decisions

2012

A House of Cards Falls: Why 'Too Big to Debar' is All Slogan and Little Substance.
FCPA Sanctions: Too Big to Debar?
Logistics Civil Augmentation Program (LOGCAP) Legal Reviews.
Reflections on the Federal Procurement Landscape.
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights to Raise Affirmative Defenses with Sovereign Immunity.
Dead Letter Prohibitions and Policy Failures: Applying Government Ethics Standards to Personal Services Contractors.
Opening Procurement Markets Internationally: An Update, and the Road Ahead
Emerging Policy and Practice Issues (2011).

2011

Dead Contractors: The Un-Examined Effect of Surrogates on the Public’s Casualty Sensitivity.
A Random Walk: The Federal Circuit’s 2010 Government Contracts Decisions.
The Sad, Yet Illustrative, Case Of PMO Partnership Joint Venture.
Emerging Policy and Practice Issues (2010).
Barriers to International Trade in Procurement after the Economic Crisis, Part II: Opening International Procurement Markets: Unfinished Business.
A Versatile Prism: Assessing Procurement Law Through the Principal-Agent Model.

2010

Suing the Government as a 'Joint Employer' - Evolving Pathologies of the Blended Workforce.
Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements.
In Search of Reasonable Compensation: Patent Infringement by Defense Contractors with the Authorization and Consent of the U.S. Government.
Emerging Policy and Practice Issues (2009).
Federal Contracting and Acquisition: Progress, Challenges, and the Road Ahead

2009

Less is More: Encouraging Greater Competition in Computer Software Procurement by Simplifying the DFARS Licensing Scheme.
Tempering 'Buy American' in the Recovery Act - Steering Clear of a Trade War.
Public Procurement: Focus on People, Value for Money and Systemic Integrity, Not Protectionism.
The Challenge of Contracting for Large Complex Projects: A Case Study of the Coast Guard’s Deepwater Program.

2008

Why Contractor Fatalities Matter.
Too Dependent on Contractors? Minimum Standards for Responsible Governance.
They're Here To Help
Public Procurement Systems: Unpacking Stakeholder Aspirations and Expectations
Political Connections and the Allocation of Procurement Contracts
A Legal Analysis of the Statutory and Contractual Allocation of Data Rights in Federal Contracts Subject to 10 U.S.C. 2320
Emerging Policy and Practice Issues

2007

Renewed Focus on Program Performance Management Or The Government-Imposed Shotgun Marriage Between the Accountant and Engineer
Emerging Policy and Practice Issues (2006)
Recommended Books for Government Contracting Professionals
Poor Leadership, Not Excessive Oversight, Is What Troubles Contracting

2006

Procurement Reform in the Defense Authorization Act for Fiscal Year 2007 — A Creature of Compromise, Pointing the Way to Future Debates
Government Purpose Rights in Technical Data and Computer Software in DOD Acquisition.
Improving Federal Procurement: The Benefits of Vendor-Neutral Contract Specifications.
Post-Katrina Reconstruction Liability: Exposing the Inferior Risk-Bearer.
A Proposal for a New Approach to Performance-Based Services Acquisition.
A Modest Proposal to Enhance Civil/Military Integration: Rethinking the Renegotiation Regime as a Regulatory Mechanism to Decriminalize Cost, Pricing, and Profit Policy
Constructing a Bid Protest Process: Choices Every Procurement Challenge System Must Make
Emerging Policy and Practice Issues (2005)

2005

In Memoriam, John Cibinic, Jr.
Katrina's Continuing Impact on Procurement - Emergency Procurement Powers in H.R. 3766.
Understanding the Current Wave of Procurement Reform: Devolution of the Contracting Function.
Commentary on the Acquisition Workforce
Implementing Alternative Sourcing Strategies: Four Case Studies
e-Sourcing in Procurement: Theory and Behavior in Reverse Auctions with Non-Competitive Contracts.
Risky Business: Managing Interagency Acquisition.
Organizational Conflicts of Interest: A Growing Integrity Challenge
Emerging Policy and Practice Issues
Government Garage Sales: Online Auctions as Tools for Asset Management.
Competitive Sourcing: What Happens to Federal Employees?

2004

The Centrality of Military Procurement: Explaining the Exceptionalist Character of United States Federal Public Procurement Law.
Contractor Atrocities at Abu Ghraib: Compromised Accountability in a Streamlined, Outsourced Government,
Making Federal Information Technology Accessible: A Case Study in Social Policy and Procurement.
A Survey of Florida's Recent District Court of Appeal and Administrative Decisions Involving Bid Protests: Challenging the Government's Conduct Regarding a Public Procurement
The Level of Confidence Assessment Rating Technique: A Tool for Source Selection
Consolidation of Boards of Contract Appeals: An Old Idea Whose Time Has Come?
Suspension and Debarment: Emerging Issues in Law and Policy
A Modest Proposal
Competitive Sourcing Policy: More Sail Than Rudder?
Governance by Contract: Constitutional Visions; Time for Reflection and Choice
The Time-and-Materials Contract: The Time Has Come For A Long, Hard Look
The Fixed-Price Incentive Firm Target Contract: Not As Firm As the Name Suggests
Competitive Negotiation WLMP Style
Competitive Processes in Government Contracting: The FAR Part 15 Process Model and Process Inefficiency
The Threat of Former Employees

2003

The Five-Year Limit on Government Contracts: Reality or Myth?
Making Performance-Based Contracting Perform: What Federal Departments and Agencies Can Learn From State and Local Governments
IT Outsourcing: A Primer for Public Managers
The Procurement Partnership Model: Moving to a Team-Based Approach

2002

The Future: Scrutinizing the Empirical Case for the Court of Federal Claims
Model Behaviour? Anecdotal Evidence of Tension between Evolving Commercial Public Procurement Practices and Trade Policy.
The True Story of the Wright Brothers' Contract (It’s not what you think.)
Remaking Federal Procurement
Case Study of Complex Business Management for Competitive Sourcing (pdf file)
A Vision of the Government as a World-Class Buyer: Major Procurement Issues for the Coming Decade
Contracting for the 21st Century: A Partnership Model.
It’s Time to Use the Legislative History of the Federal Acquisition Regulation
Desiderata: Objectives for a System of Government Contract Law
The Award Term Incentive: A Status Report
Commercial Purchasing: The Chasm Between the United States Government's Evolving Policy and Practice

2001

Fear of Oversight: The Fundamental Failure of Businesslike Government.
Research and Development Dollars are Understated by Billions in The Federal Procurement Data System
The Adarand Chronicle: From Bakke to Adarand VII

2000

Award Term: The Newest Incentive
Past Performance Revisited
FAR Councils vs. The United States Courts--Round 3
Do Reverse Auctions Violate FAR 15.307(b)?
Inventory Control Point Leads the Way
An Incentive for Commercial Items Contracts
Navy Sets Sail for the New World
From Suspended Animation to Debarment
Legislating in Opposite Directions

!999

Priced-Based Acquisition.
Conflicts of Interest and Participation on A-76 Evaluation Panels.
Many Faces to Industry.
When Large Is Small--Or Maybe Not

Book Reviews

Rules & Tools

Regulations

FAR Research — the regulatory history of a FAR Case.

Quick-Kit — contracting guides and handbooks, federal, state, local, and international solicitations; contracting acronyms & jargon; GWACS, MACS, and other contracts; travel, and little helpers

Small Business

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The Wifcon Blogs

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Background

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Services Rendered Beyond the Fiscal Year

Replacement Contracts

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Multi-Year Contracts

Specific Statutes