Government Contracts

This page provides access to many of the recommendations, publications, and other materials related to government contracts that have been prepared by ACUS or for its consideration.

Please contact Kazia Nowacki (knowacki@acus.gov) for more information or to provide additions, updates, or corrections.

Assembly Recommendations

• Recommendation 2020-4, Government Contract Bid Protests Before Agencies

• Recommendation 2012-6, Reform of 28 U.S.C. Section 1500

• Recommendation 2011-3, Compliance Standards for Government Contractor Employees—Personal Conflicts of Interest and Use of Certain Non-Public Information

• Recommendation 95-5, Government Contract Bid Protests

• Recommendation 95-2, Debarment and Suspension from Federal Programs

• Recommendation 89-2, Contracting Officers’ Management of Disputes

• Recommendation 88-2, Federal Government Indemnification of Government Contractors

• Recommendation 87-11, Alternatives for Resolving Government Contract Disputes

• Recommendation 87-3, Agency Hiring of Private Attorneys

• Recommendation 86-8, Acquiring the Services of “Neutrals” for Alternative Means of Dispute Resolution

• Recommendation 83-1, The Certification Requirement in the Contract Disputes Act

• Recommendation 75-2, Affirmative Action for Equal Employment in Nonconstruction Employment

• Recommendation 70-5, Practices and Procedures Under the Renegotiation Act of 1951

Publications and Reports

• Christopher Yukins, Stepping Stones to Reform: Making Agency-Level Bid Protests Effective for Agencies and Bidders by Building on Best Practices from Across the Federal Government (May 1, 2020)

• Emily Schleicher Bremer & Jonathan R. Siegel, The Need to Reform 28 U.S.C. § 1500 (Sep. 19, 2012)

• Kathleen Clark, Ethics for an Outsourced Government (Mar. 10, 2011)

• William E. Kovacic, Procurement Reform and the Choice of Forum in Bid Protest Disputes, 9 Admin. L.J. 461 (1995)

• Brian D. Shannon, Debarment and Suspension Revisited: Fewer Eggs in the Basket?, 44 Cath. U. L. Rev. 363 (1995)

• Richard J. Bednar, Report to the Administrative Conference of the United States Recommending That Government Contracting Officers Should Make Greater Use of ADR Techniques in Resolving Contract Disputes (Mar. 1989)

• Frank P. Grad, Contractual Indemnification of Government Contractors, 4 Admin. L.J. 433 (1991)

• Eldon H. Crowell & Charles Pou, Jr., Appealing Government Contract Decisions: Reducing the Cost and Delay of Procurement Litigation (Jan. 1988)

• George D. Ruttinger, Acquiring the Services of Neutrals for Alternative Means of Dispute Resolution and Negotiated Rulemaking (Nov. 19, 1986)

• William V. Luneberg, Contracting by the Federal Government for Legal Services: A Legal and Empirical Analysis, 63 Notre Dame L. Rev. 399 (1988)

• Ronald D. Rotunda, Ethical Problems in Federal Agency Hiring of Private Attorneys, 1 Geo. J. Legal Ethics 85 (1987)

• Thomas J. Madden, Certification Requirements Under the Contract Disputes Act (1983)

• Jan Vetter, Affirmative Action in Faculty Employment Under Executive Order 11246 (1975)

• Dennis S. Aronowitz, Report of the Committee on Claims Adjudication in Support of Recommendation No. 22 (Practices and Procedures Under the Renegotiation Act of 1951)

Information Interchange Bulletins

• IIB-007, Agency Bid Protests (June 2020)

News Releases and Blog Posts

• Christopher R. Yukins, Rethinking Discretionary Bid Protests (May 27, 2021) (originally published on The Regulatory Review)