Publications: Government Contracts

"New DOD Counterfeit Prevention Policy: Resolves Responsibilities Within DOD But Leaves Many Contractor Questions Unresolved," (PDF) Federal Contracts Report, a publication of Bloomberg BNA, May 15, 2013, by Robert S. Metzger

"India's Defense Procurement: Responses to the New Scandal, India and the United States: The Evolving Legal Landscape," (PDF) April 27, 2013, by Robert S. Metzger

"Supply Chain Security: Reducing Threats to Critical Systems," (PDF) ERAI Executive Conference, April 18-19, 2013, by Robert S. Metzger and Jeffery M. Chiow

"The Importance of Competitive Negotiations to State Information Technology Procurement," (PDF) The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 48, No. 3 - Spring 2013, by Robert S. Metzger and Lauren Kramer

"Defence: Work with Uncle Sam," The Economic Times (India), February 5, 2013, by Robert S. Metzger

"Making Offsets Work for India," Indian Defence Review, Vol. 28:1, Jan-Mar 2013, by Robert S. Metzger

"Diversity: How to Qualify for the Women-Owned Small Business Federal Contracting Program" Under Construction, January 2013, Vol. 15, No. 1, by Patricia A. Meagher

An Appraisal of Select Provisions of the FY 2013 National Defense Authorization Act (PDF) Federal Contracts Report, 97 FCR 27, by The Bureau of National Affairs, Inc., January 8, 2013, authored by Robert S. Metzger

Lowest Price Technically Acceptable (PDF) RJO Goverment Contracts Update, by Patricia A. Meagher

"Negotiation of State IT Contracts" (PDF) ABA Public Contracts Law Section State & Local Procurement Division, Webcast, September 28, 2012, by Robert S. Metzger

DoD Counterfeit Parts Rule: What Result When That Butterfly Beats Its Wings? (PDF) Service Contractor, by Professional Services Council, September 2012, by Robert S. Metzger, Patricia A. Meagher and Jeffery M. Chiow

If Budget Sequestration Trims Your Contract: What Contractors Need to Know About Partial Terminations and Deductive Changes (PDF) RJO Goverment Contracts Update, by Neil H. O'Donnell and Dennis J. Callahan

Contractors Should Watch Out for Big Changes Coming to the California False Claims Act (PDF) California Constructor, by AGC California, September/October 2012, by Aaron P. Silberman and Dennis J. Callahan

Counterfeit Electronic Parts: What to Do Before The Regulations (and Regulators) Come? (Part 2) Federal Contracts Report, Vol. 97, by The Bureau of National Affairs, Inc., August 21, 2012, authored by Robert S. Metzger

What Contractors Can Learn From Indiana v. IBM (PDF) Law 360, August 16, 2012, by Robert S. Metzger and Mark J. Linderman

Ninth Circuit Holds That False Estimates in Federal Bids Are Actionable Under the False Claims Act (PDF) RJO Update, August 2012, by Aaron Silberman and Dennis Callahan

Better State & Local IT Procurement Through Negotiations (PDF) RJO Update, August 2012, by Robert S. Metzger and Lauren B. Kramer

States Broadening Their False Claims Acts in Response to Federal Incentives (PDF) RJO Update, July 2012, by Aaron Silberman and Dennis Callahan

California Supreme Court Restricts Application of Prevailing Wage Law in City of Vista Decision (PDF) RJO Newsletter: Case Law Alert, July 2012, by Joseph C. McGowan, Jr. and Tyson Arbuthnot

Legislating Supply Chain Assurance: Examination of Section 818 of the FY 2012 NDAA (PDF) The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 47, No. 4 - Summer 2012, by Robert S. Metzger and Jeffrey M. Chiow

Advising Construction Contractors: Suspension and Debarment, A CLE teleconference for the ABA Public Contract Law Section, Construction Division, June 28, 2012 (Slide Show) and (Case Study) co-presented by Neil H. O'Donnell and Jeffery M. Chiow

Counterfeit Electronic Parts: What to Do Before The Regulations (and Regulators) Come? (Part 1) Federal Contracts Report, Vol. 97, by The Bureau of National Affairs, Inc., June 21, 2012, co-authored by Robert S. Metzger and Jeffrey M. Chiow

Counterfeit Parts Report - A Guide For Contractors, DoD Law 360: Expert Analysis, May 24, 2012, by Robert S. Metzger and Jeffrey M. Chiow

Counterfeit Parts in DoD's Supply Chain: TechAmerica Webinar on Section 818 of 2012 NDAA (PDF) April 16, 2012, by Robert S. Metzger and Jeffrey M. Chiow

Counterfeit Parts in DoD's Supply Chain (PDF) ABA Public Contract Law Section, Emerging Issues Committee Presentation April 10, 2012 by Jeffery M. Chiow

US-India Defence Cooperation Towards an Enduring Relationship (PDF) Indian Defence Review, Vol. 27.2, Apr/Jun 2012, by Robert S. Metzger

GAO Prods DCAA on Internal Audits (PDF) Federal Contracts Report, Vol. 97, by The Bureau of National Affairs, Inc., March 9, 2012, co-authored by Jeffery M. Chiow

India Aerospace & Defense: Market Assessment For U.S. Firms (PDF) by Robert Metzger

"The Future Is Bright for Energy Savings Performance Contracts" (PDF) Construction Briefings, No. 2011 - 10, October 2011, by Aaron Silberman

A “Work In Progress” – The Evolving U.S.-India Defense Supply Relationship (PDF) India Law News, Vol. 2, Issue 3, Summer 2011, ABA Section of International Law, India Committee, co-authored by Robert Metzger

"Is It Public, or Is It Not?" What to Watch for When Public and Private Become Entwined, and Why It Matters (PDF) The Clause, Boards of Contract Appeals Bar Association, Vol. No. XXI, Issue 3 - June 2011, by Roland Nikles

Who's Billion Dollar Invention Is it Anyway? A Closer Look at the Supreme Court's Decision Addressing Stanford University's Patent Infringement Case Against Roche Molecular Systems (PDF) June 14, 2011, by Suhani Kamdar

The Women-Owned Small Business Federal Contract Program: Ten Years in the Making (PDF) The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 46, No. 2 - Winter 2011, by Patricia A. Meagher

Neil O'Donnell and Dennis Callahan discussed the Supreme Court's decision to hear an appeal by the contractors in one of the largest and longest running cases in Government contracts history – the challenge to the Navy's 1991 termination for default of the contract for the development and prototype production of the A-12 stealth aircraft. The article examines the potential impact of the case with regards to two issues decided by the Federal Circuit: (1) the standards governing terminations for default, which the Supreme Court refused to consider, and (2) the application of the state secrets privilege in government contracts disputes, which the Supreme Court will review. FEATURE COMMENT: The "A-12 Saga Continues (PDF) The Government Contractor, Vol. 52, No. 45 - December 8, 2010.

"Client Alert: Effective June 21, 2010, New Labor Law Posting Requirements for Federal Contractors" Click here to learn more (PDF)

The California False Claims Act: A Powerful Weapon Against Contractors Gets More Powerful (PDF) AGC California Legal Briefs Issue 10 - 01, May 2010,
by Aaron P. Silberman

Disputes and Litigation of Energy Savings Performance Contracts (PDF) Construct!, Volume 19, No. 1, Spring 2010, by Aaron P. Silberman

Federal Government Construction Contracts (PDF table of contents) ABA Publishing, 2010, by Aaron P. Silberman, co-editor and co-author (Review PDF)

Best Practices in the Acquisition of a Government Contractor (PDF table of contents) ABA Publishing, 2010 with sections authored by Allan J. Joseph, Suhani Kamdar and Aaron P. Silberman

Client Alert: New FAR Requirements for Mandatory Disclosure (PDF)
by Rogers Joseph O'Donnell

"Client Alert: California's Budget Woes Threaten Its Ability to Pay Its Contractors: Will Your Next Progress Payment Be an IOU?," (PDF) RJO Client Alert, January 22, 2009, by Aaron P. Silberman

Green Building: Federal, State, and Local Governments LEED the Way (PDF)
The Procurement Lawyer, Vol. 43, No. 3, Spring '08, by Aaron P. Silberman

The Supreme Court Raids the Public Disclosure Bar: Cleaning Up After Rockwell International v. United States (PDF)
The Procurement Lawyer, Vo. 42, No. 4, Summer '07, by Aaron P. Silberman and David F. Innis

No License? No Problem? Court Limits Public Agencies' Ability to Reject Bids Listing Unlicensed Subcontractors (PDF)
AGC California Legal Briefs Issue 07 - 03, April 2007, by Aaron P. Silberman

False Claims Issues in Subcontracting (PDF)
Briefing Papers, No. 06 - 8, July 2006, by Aaron P. Silberman

GSA's Building Information Modeling Program Raises Cutting-Edge Construction, Contracting, and Procurement Issues (PDF)
The Procurement Lawyer, Volume 41, No. 4, Summer 2006, by Aaron P. Silberman and Michele L. McKee

How to Prevent and Defend Against False Claims Allegations (PDF)
Construct!, Volume 14, No. 4, Summer 2005, by Aaron Silberman

Recent Developments in Section 508 Disabled Access Requirements for IT Procurements (PDF)
The Procurement Lawyer, Volume 40, No. 3, Spring 2005, by Aaron P. Silberman

Legal Issues and Strategic Tips for Defending Against False Claims Allegations (PDF)
and an accompanying presentation (Power Point)
by Aaron Silberman at the 2004 Annual Retreat of the Association of General Contractors of California's Legal Advisory Committee at Carmel Valley Ranch, Carmel, California on September 18, 2004.

Federal and State False Claims Laws and the Construction Contractor (PDF)
Construction Briefings, No. 2004 - 8, August 2004, by Aaron Silberman

Protecting Proprietary Information Submitted in a Proposal (PDF)
Contract Management, July 2004, by Patricia A. Meagher

Abandonment and Cardinal Change on State and Local Construction Projects (PDF)
The Procurement Lawyer, Volume 39, No. 3, Spring 2004, by Aaron Silberman

Dictionary Trumps Expert Witnesses in Interpretation of CAS: The Federal Circuit's Ruling in Rumsfield v. United Technologies Corp. (PDF)
Federal Contracts Report, Vol. 81, No. 17, May 4, 2004, by Allan Joseph and Thomas Blanford

False Claim Laws: What Every Public Contract Manager Needs to Know (PDF)
Presented by Aaron Silberman to the National Contract Management Association (NCMA) World Congress in Orlando, Florida on April 27, 2004

Administering Subcontracts After a Termination for Convenience (PDF)
Briefing Papers, No. 04 - 4, March 2004, by Patricia A. Meagher and Greg S. Bingham

False Claims, Liability & Ethical Issues for Construction Attorneys (PDF)
A presentation by Pamela Phillips at the ABA's Forum on the Construction Industry's Winter 2004 Meeting, "Construction Dilemmas: Caught Between 'The Rock' and a Hard Place," by Aaron P. Silberman, Pamela Phillips and David J. Tomlinson

"Terminations -- Convenience and Default"
Presented to West Group Government Contracts Year in Review Conference (January 29-January 31, 2003), by Allan J. Joseph and Neil H. O'Donnell

Neil O'Donnell was a contributing author to the recent publication of the Task Force on Dispute Avoidance of the American Bar Association's Public Contract Section entitled An Ounce of Prevention - Best Practices in Dispute Avoidance for Government Contracts. Mr. O'Donnell, assisted by Anthony Bedwell-Coll, was among those responsible for Chapter Three of the monograph, "Dispute Review Boards."

"Pay If Paid Clause" Is Not a Defense to a Miller Act Payment Bond Claim (PDF)
Procurement Lawyer, Summer 2002, Volume 37, Number 4, by Aaron P. Silberman

Analysis & Perspective -- Knowing Your Limitations: Statute of Limitations Issues in Actions Under the False Claims Act
Federal Contracts Report, August 21, 2001, Vol. 76, No. 8, by Aaron P. Silberman

Bridging the Great Divide: State governments continue to lag behind in their willingness to take advantage of streamlined commercial contracting initiatives (PDF)
Contract Management, July 2001, by Aaron P. Silberman and Allen Samelson

Exceptions to Final Acceptance: Latent Defects, Fraud & Gross Mistakes Amounting To Fraud (PDF)
Briefing Papers, No. 01 - 04, March 2001, by Patricia A. Meagher and Scott M. Rennie

Terminations -- Convenience and Default
Presented to West Group Government Contracts Year in Review Conference (January 31-February 2, 2001), by Allan J. Joseph and Allen Samelson

Contractor's Obligation to Comply with Local MBE/WBE Programs After Proposition 209 and the Hi-Voltage Decision (PDF)
AGC California Legal Briefs Issue 01 - 05, 2001, by Patricia A. Meagher

State Ethics Rules Now Apply to Federal Prosecutors
Association of Business Trial Lawyers Northern California
Volume 8 no. 3/July, 1999, by Robert Maxwell and Allen Samelson

"Whatever's Fair: Application of the FAR 31 Cost Principles to Terminations for Convenience of Fixed Price Contracts."
Federal Contracts Report, Vol. 71, No. 25; July, 1999, by Allan J. Joseph

"The Road To Recovery Of Interest"
Government Contract, Issue 98-10, October 1998 - Pg. 3, by Neil H. O'Donnell and Patricia A. Meagher

Government Communications with Represented Persons: Congress Pulls the Plug on the DOJ 'Thornburgh Exemption
by Neil H. O'Donnell and Allen Samelson
This article appeared in the 11/23/98 issue of Federal Contracts Report, published by the Bureau of National Affairs.

FAR Part 15 Commercial Acquisition Initiatives
A Presentation to the Tri-Valley Chapter of the National Contract Management Association, May 29, 1998, by Aaron P. Silberman and Allen Samelson

"Protecting Against Terminations for Failure to Make Progress,"
Contract Management, Page 10, (April, 1997), by Neil H. O'Donnell and Valerie Ackerman

"Revisiting Subcontract Flow-Down Provisions,"
38 Government Contractor, No. 29 ¶ 361 (July 31, 1996), by Patricia A. Meagher

"The Bleak Future of 'Lack of Further Government Need' as a Proper Motive for Default," 38 Government Contractor, No. 11 ¶ 131, (March 20, 1996), by Neil H. O'Donnell

"Bucking the Trend: Limiting the Grounds for Terminations for Convenience,"
38 Government Contractor, No. 44 ¶ 547, (November 20, 1996), by Neil H. O'Donnell and Valerie Ackerman

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