Fall_2012_GovCon_Newsletter

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Government Procurement Law Perspectives

GW’s Law and Business Schools Collaborate on New MS Degree in Government Contracts

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he George Washington University broke new ground this year with the launch in August of an interdisciplinary Master of Science in Government Contracts (MSGC) degree program. The MSGC is unique, blending the Law School’s expertise in government procurement law and policy with a core curriculum taught by the School of Business.

MSGC degree program director Neal Couture (R) and Professor Steve Schooner distribute material at GW’s booth at the National Contract Management Association’s World Congress in July in Boston.

See MSGC Degree, page 8

GW Law Helps Improve Government Procurement Law Around the Globe

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he Government Procurement Law Program continues to make significant contributions to training in and development of procurement law around the world. Professor Christopher Yukins continued his work with the United Nations Commission on International Trade Law (UNCITRAL) in the preparation of an implementation guide for the Model Procurement Law that was finalized in 2011.

He addressed anti-corruption issues at conferences in Santo Domingo, Mexico City, Vienna, and Turin. Through the European Bank for Reconstruction and Development (EBRD), Professor Yukins also worked on capacity-building projects in Ukraine, Azerbaijan, and Armenia. The project in Ukraine has been instrumental in advancing that country’s potential accession to the World Trade Organization’s free trade agreement in procurement, the Government Procurement Agreement. Professor Steve Schooner made presentations on a number of topics at a World Trade Organization (WTO) regional procurement workshop for government officials held in Abu Dhabi. He visited Vietnam where he made a series of See Around the Globe, page 2

Government Procurement Law Perspectives Government Procurement Law Perspectives is published by the Government Procurement Law Program at the George Washington University Law School.

ABOUT US Established in 1960, GW’s Government Procurement Law Program is the only one of its kind in the United States. As governments in the United States and abroad increasingly effectuate public policy through contracting, the program’s internationally known faculty, myriad curricular offerings, and cutting-edge public programs are at the forefront of innovation in this crucial area of law. In addition to its rigorous academic course of study, the Government Procurement Law Program administers the McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition and in conjunction with the ABA publishes the Public Contract Law Journal.

Leadership of the Government Procurement Law Program: Daniel I. Gordon, Associate Dean for Government Procurement Law Studies Steven L. Schooner, Nash and Cibinic Professor of Government Procurement Law

Around the Globe from page 1

presentations to the Vietnam Ministry of Planning and Investment (in Hanoi) and then participated in a WTO procurement workshop (in Ha Long Bay).

Professor Schooner also traveled to Istanbul to participate in a U.S. Department of Commerce Commercial Law Development Program capacity building exercise for attorneys from Iraq.

Associate Dean Dan Gordon was named to the World Bank’s

International Procurement Advisory Group, which provides advice to the Bank on improving procurement policy. Dean Gordon also spoke at a multilateral seminar on procurement in

Tirana, Albania, meetings hosted by the World Bank in Moscow, and seminars conducted by the World Trade Organization in Nanjing and Beijing.

Albania—(L-R) Caroline Nicholas of UNCITRAL, Dan Gordon, and Gian Luigi Albano of Consip S.p.A., the Italian Public Procurement Agency, on an excursion sponsored by hosts of the May conference.

Istanbul—Steve Schooner (L) with Lubna Al-Sakban, director of the Department of Project Implementation for Electricity Generation, Transmission, and Distribution for the Iraqi Ministry of Electricity.

Vietnam—(L-R) Steve Schooner, Le Van Tang (director general, Public Procurement Agency, Ministry of Planning and Investment, Vietnam), Philipe Pellitier (WTO), and Robert Anderson (WTO).

Joshua I. Schwartz, E.K. Gubin Professor of Government Contracts Law Christopher R. Yukins, Professor of Government Contracts Law

Government Procurement Law Program The George Washington University Law School 2000 H Street, NW Washington, DC 20052 www.law.gwu.edu Abu Dhabi—Steve Schooner at the World Trade Organization regional conference on GPA.

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GW Law a Standout in Chicago

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As reported below, John S. Pachter, a double alumnus of the Law School (JD ’66, LLM ’70), received the Section’s inaugural Allan J. Joseph Award for Excellence in Leadership, in honor of Mr. Pachter’s contributions spanning more than 30 years.

hen the American Bar Association held its annual meetings in Chicago in August, several key players in GW’s Government Procurement Law program were the focus of activities during the Section of Public Contract Law meeting:

Dean Dan Gordon was elected as a fellow of the ABA’s Section of Public Contract Law. Section fellows are past Section chairs and members who have been elected on the basis of their distinguished service and significant contributions to the field of public contract law and the ABA. Although the number of fellows is quite limited, many are GW Law alumni, including the Hon. Ruth C. Burg, JD ’50, John Pachter, and Patricia H. Wittie, JD ’77.

Professor Steve Schooner participated as a member of the Council of the Section of Public Contract Law. He also spoke on a panel discussing “The Law Under Siege: The Impact of Congress and the Media on the Acquisition Process.”

Professor William E. Kovacic moderated a well-attended panel discussing “Shrinking Resources and their Impact on the Government Acquisition System.”

In the Spotlight Pachter’s leadership extends well beyond his exemplary work within the ABA. A founding member of the GW Law Government Contracts Advisory Board, in December 2011 he again demonstrated his commitment to the field and to his alma mater by making a generous charitable gift to the Government Procurement Law Program again in December 2011. Thank you, John!

John Pachter

John S. Pachter, JD ’66, LLM ’70, was honored by the American Bar Association’s Section of Public Contract Law at the ABA’s annual meetings in Chicago in August when he received the Section’s inaugural Allan J. Joseph Award for Excellence in Leadership.

The award reflects a broad range of Mr. Pachter’s contributions spanning more than 30 years, including service as the Section’s Chair and, currently, the Section’s Delegate to the ABA House of Delegates. Mr.

On July 30, at the NCMA World Congress 2012 in Boston, Professor Steve Schooner was presented with the Charles A. Dana Distinguished Service Award by the National Contract Management Association (NCMA), in recognition of his exceptional service to the Association.

The Public Contract Law Journal (PLCJ) is seeing a changing of the guard this fall.

After more than six years of distinguished service as editor-in-chief, Karen L. Manos of Gibson, Dunn & Crutcher, has handed off that role to Patricia H. Wittie, JD ’77, of Wittie, Letsche & Waldo. Professor Steve Schooner, who serves as faculty advisor to the Journal’s student editorial board, praised Manos’s leadership of the PCLJ, saying, “Karen brought a focus on quality legal

work that ensured the Journal maintained its reputation as the leading American publication on procurement law.” Dean Dan Gordon joined Professor Schooner in welcoming Wittie, adding, “With her track record and skills, I am confident that Pat will do a terrific job as editor-in-chief.” The Journal is published by the ABA’s Section of Public Contract Law in cooperation with GW Law.

Patricia H. Wittie

Fall 2012 | Government Procurement Law Perspectives 3

Procurement Round Table Programs

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n spring 2012, the Government Procurement Law Program co-hosted two programs with the Procurement Round Table, a prestigious body of former federal acquisition officials.

In April, the Hon. Jacques S. Gansler, professor and Roger C. Lipitz chair in public policy and private enterprise at the University of Maryland’s School of Public Policy, discussed his recent book Democracy’s Arsenal.

In June, the Procurement Round Table met at the Law School for a discussion moderated by Dean Dan Gordon on the current state of the federal acquisition workforce. Several leaders in the acquisition community from defense and civilian agencies across the executive branch of the federal government played a central role in the discussion.

The Hon. Jacques Gansler

Meet Our Adjunct Faculty: A Conversation with Stephen D. Knight

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ne of the great strengths of GW Law is its adjunct faculty, and Professor Stephen D. Knight exemplifies that strength. A University of Virginia graduate (BA and JD) and a member of the law firm of Smith Pachter McWhorter, Professor Knight has a long history of teaching GW Law students in his Government Contracts Cost and Pricing course. We caught up with Professor Knight recently for a conversation about his experience teaching as an adjunct at GW Law. GW LAW: How long have you been teaching as an adjunct professor at GW Law? KNIGHT: It’s hard to believe, but it’s now been 19 years. I remember when I started, in 1993. The late Roger Boyd called me up and asked if I’d be interested in teaching the course, which until then the great John Cibinic had been teaching. It was quite an honor to be asked, and I responded that I

would like to teach. I met with Fred Lees for breakfast at the Old Ebbitt Grill, we talked it over, and the rest, as they say, is history.

The only course I’ve taught at GW Law is Government Contracts Cost and Pricing, and this spring will be my19th year.

GW LAW: Why have you been willing to continue teaching for so long?

KNIGHT: I enjoy it. I do a lot of other activities that are similar, such as in-house training, instructing at continuing legal education seminars and professional associations, and the like. But GW Law is the only place that I do academic teaching, and I find it satisfying.

GW LAW: Tell us a bit about your teaching style.

KNIGHT: (laughs) Let me tell you, I have taken to starting my first class by reading excerpts from student evaluations out loud, to be sure the students know what they’re letting themselves in for. I intentionally pick

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Stephen D. Knight

from two dramatically different ones, one that talks about how the professor changed their life for the better, was incredibly enlightening, and so forth, and then I read from another one that says I’m arrogant and rude and cut See Knight, page 7

Government Contracts Advisory Board Welcomes New Members

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he Government Contracts Advisory Board is pleased to welcome three new corporate benefactor members to its ranks. Since 2011, the Law School has continued to strengthen and diversify the Board with representatives from both the corporate and legal communities.

This approach to membership development is designed to engage all sectors of the government procurement field.

Gibson, Dunn & Crutcher LLP—Joseph D. West, partner and co-chair, government and commercial contracts practice. For more than 30 years, Mr. West has concentrated his practice on contracts counseling and dispute resolution. He has represented

both contractors (and their subcontractors, vendors, and suppliers) and government agencies, and has been involved in cases before various U.S. Courts of Appeals and District Courts, the U.S. Court of Federal Claims, numerous federal government boards of contract appeals, the U.S. Government Accountability Office, and the U.S. Small Business Administration.

Northrop Grumman—Douglas P. Larsen, assistant general counsel, government contracts and government relations. Mr. Larsen provides broad-based counsel to Northrop Grumman’s leadership in the areas of government contracts and government relations. Previously, Mr. Larsen was

general counsel for the Fluor Government Group, and before that, he served in the federal government for more than 25 years.

In his last government position, he served as deputy general counsel, acquisition and logistics, for the U.S. Department of Defense. He also served in the Office of the General Counsel of the Navy, and on active duty in the U.S. Army Judge Advocate General’s Corps.

Covington & Burling LLP—Robert Nichols, partner in the firm’s Washington, DC, office and co-chair of the firm’s Government Contracts practice group. Mr. Nichols’ practice See Advisory Board, page 8

Government Contracts Advisory Board Chairman

Thomas M. Abbott, JD ’84 McKenna Long & Aldridge

Chairman Emeritus

J. Richard Knop, JD ’69 FedCap Partners ——————————— Rand L. Allen Wiley Rein Michael J. Askew General Dynamics Corporation The Hon. Ruth C. Burg, BS ’45, JD ’50 Mark D. Colley Arnold & Porter Jeffrey L. Handwerker, JD ’95 Arnold & Porter Kevin F. Hartley, JD ’83 Microsoft Corporation Seymour Herman, LLM ’66 David Kasanow McKenna Long & Aldridge Paul F. Khoury, JD ’86 Wiley Rein Douglas P. Larsen Northrop Grumman Corporation Michael F. Mason, JD ’96 Hogan Lovells

Some of our distinguished corporate board members, (L-R) Michael J. Askew, Douglas P. Larsen, Karen L. Wilson, LLM ’82, and James C. Mifsud, LLM ’86.

Dorn C. McGrath III, JD ’82 Greenberg Traurig

Jacob B. Pankowski, JD ’81 Greenberg Traurig

James C. Mifsud, LLM ’86 Lockheed Martin Corporation

Rebecca E. Pearson, LLM ’96 Venable

William J. Mutryn, JD ’75 Holland & Knight

Ronald S. Perlman, LLM ’80 Holland & Knight

Ralph C. Nash Jr., JD ’57 George Washington University Law School

Alan Peterson Robinwood Consulting

Robert Nichols Covington & Burling

Dean Wayne Rutley, JD ’86 Womble Carlyle Sandridge & Rice

Philip O. Nolan, JD ’94

Angela B. Styles Crowell & Moring

John S. Pachter, JD ’66, LLM ’70 Smith Pachter McWhorter

Joseph D. West, JD ’77 Gibson Dunn & Crutcher

Karen L. Wilson, LLM ’82 The Boeing Company ———————————

Faculty Leadership

Daniel I. Gordon, Associate Dean for Government Procurement Law Studies Co-Directors Steven L. Schooner, LLM ’89, Nash and Cibinic Professor of Government Procurement Law Joshua I. Schwartz, E.K. Gubin Professor of Government Contracts Law Christopher R. Yukins, Professor of Government Contracts Law

Fall 2012 | Government Procurement Law Perspectives 5

Annual Alumni and Friends Luncheon

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he Government Procurement Law Program welcomed more than 200 guests to its largest-ever annual Alumni and Friends Luncheon. The event was held at the Omni Shoreham hotel at the conclusion of the West Government Contracts Year-in-Review Conference. This year, the luncheon was coemceed by Dean Dan Gordon and Professor Steve Schooner. A tradition of networking continued with the microphone being passed around, to give all attendees the opportunity to introduce themselves and, of course, share

employment opportunities. Dean Gordon, who participated as a host rather than a guest for the first time, noted that, “The warm feeling of friendship in the room was palpable.” Whether in the vigorous applause for the giants of the profession in the room—most notably, Judge Ruth Burg and Professors Emeriti Ralph Nash and Fred Lees—or the opportunity for recent graduates of the Program to share what they are doing, the atmosphere underscored GW Law’s central position in the vibrant community of government contracts practitioners.

(front, L-R) Fred Lees, John Pachter, Ruth Burg, Michael Askew, and Laura Dickinson (rear, L-R) Bill Kovacic, Dick Bednar, Ralph Nash, Dan Gordon, Steve Schooner, and Chris Yukins.

(L-R) Kent Morrison of Crowell and Moring, Roger Boyd Scholar Shauna Johnston, and Steve Schooner.

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Knight from page 4

students off, that I’m a bully. I find it funny that people can say both things. Frankly, the truth is probably somewhere in between.

I’ve changed my teaching style over the years. When I first started, I tried the Socratic method, but it was an abysmal failure. I tried to assign case reading, but it just didn’t work with the subject matter of the course. I discovered pretty quickly that in this area of the law—perhaps in government contracts in general, but certainly in cost and pricing—students have to learn the regulations.

Studying case law just won’t do the trick. So I gave up on playing Professor Kingsfield from the Paper Chase, and instead I reorganized the course around regulatory material, and I lecture. I often feel for the students: dealing with a lecture on what many certainly find an unexciting topic, from 6 to 8 on Monday evenings. It’s tough for many of the students, and I see that in the evaluations. Many students find lectures and the focus on the regulations frustrating, since they’d like a neatly organized casebook, but I am a practitioner, and I treat the students like practitioners. I can suggest a universe of cases that they can consult, and I do, but the class itself is focused on the regulations. It’s a fact of life: regulations are the foundation for understanding and for practicing in the area of government contracts cost and pricing.

GW LAW: How do the students react?

KNIGHT: After the first couple of classes, a good number of them begin to engage. While I end up talking the majority of the class time, students speak up, and that improves the class.

It’s good for students to ask questions: “Why is the rule that way?” or “That rule doesn’t make sense.” Frankly, it’s refreshing for me, too, to get challenged in that way.

GW LAW: You’re famous for your very dry sense of humor. How does that play out in class?

KNIGHT: Well, if you’ve seen the students’ evaluations, you’ll see it depends on the students. Some find it refreshing and say that a dry sense of humor helps them deal with what can be dry subject matter; others view it as gruffness. I focus on the positive, and I hope that they will, too.

GW LAW: You practice in a private law firm.

Does that affect your perspective?

KNIGHT: Of course. I’ve only worked in the private sector, and I’ve been practicing for

34 years. That has to affect the way I see our business. The fact is that government contractors are vilified, that’s a political fact.

But I try to help students see both sides of issues, including cost and pricing issues.

Government people have a hard time seeing that contractors are treated unfairly, just like private sector people have a hard time admitting that the government has a legitimate need to audit contractors. I want to be sure my students—especially those in the government—appreciate that, as flawed as contractors’ arguments might be, the government side’s argument can be equally flawed, if not more so. I remember a JAG officer telling me, years after he’d been in my class, that there was a lot of truth to what I had told them in that sense. In any event, GW Law is a place where both sides can be considered fairly, and we can try to add context to counteract the unduly polarized views each often has of the other.

GW LAW: What changes have you seen over the years of your teaching at GW Law? KNIGHT: One change is that there is more diversity among the students taking my course. In the early years, the students were mostly American men and mostly military lawyers. Today, there are more women, more non-Americans, and a better mix of publicand private-sector orientation. I think that reflects the success of GW Law’s Government Procurement Law Program, especially its LLM component. Another change over the years is that GW Law now has much more attractive facilities—it’s a better place to teach and learn in.

GW LAW: What would you tell a student who is considering whether to go into government procurement law?

KNIGHT: I’d say that, if they’re concerned about the relationship between the federal government and the industrial citizenry, and what that relationship entails, then I’d encourage them to look into government procurement law. Certainly, this area of the law has been very good to me. And I truly believe that it is important. It’s the business face of politics.

GW LAW: Thank you for taking the time to talk with us, and thank you for your long service as a member of our adjunct faculty!

Fall 2012 | Government Procurement Law Perspectives 7

GW Law Alumni Government Procurement Dinners

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n spring 2012, the Law School’s Government Contracts Alumni Interest Group, in coordination with the GW Law Alumni Office, held two dinners with groups of alumni to recognize those individuals’ outstanding achievements. In April, a group of alumni, joined by Dean Dan Gordon and Professor Steve Schooner, dined with Mathew Blum, JD ’88, the associate administrator for federal procurement policy at the Office of Management and Budget.

Over dinner, Mr. Blum discussed the useful role that attorneys can play in procurement policy offices. In June, another group of alumni joined Dean Gordon and Professor Schooner for an evening with Judge Elizabeth Grant, JD ’81, of the Armed Services Board of Contract Appeals.

During dinner, Judge Grant shared insights into and reflections on her legal career.

“In a society as law-based as the United States, legal education can no longer be confined to those who plan to be lawyers,” said GW Law dean Paul Schiff Berman. “The Master of Science in Government Contracts degree explodes the model by allowing government and business professionals to access at GW both the nation’s leading government procurement law program and the outstanding core business curriculum.

Together this combination literally transforms the educational landscape in this large and diverse field that is crucial to the nation’s economy.”

“For more than 50 years, GW has been recognized as the leading educational institution for government contracts and procurement law,” said Associate Dean for Government Procurement Law Dan Gordon. “With this innovative new program, and through our collaboration with the School of Business, we look forward to making our outstanding procurement law program and faculty available to business professionals from all segments of the federal acquisition arena.”

Alumni group with Mathew Blum.

focuses on U.S. procurement, regulatory, and litigation matters for contractors in the areas of defense and aerospace, large-scale construction, and international development. His experience includes compliance counseling; litigating and arbitrating claims and terminations; leading teams defending

The new program is designed to give professionals from a variety of acquisitionrelated positions in both government and private industry the knowledge and skills necessary to excel in the world of federal acquisition. The curriculum will be divided roughly evenly between government procurement law courses and core business courses.

“Our new joint degree is a great opportunity for rising business executives to gain expertise from the Law School’s already established government procurement program, while becoming familiar with the business principles behind government contracting,” said Doug Guthrie, dean of the School of Business. “It is a natural fit, one from which students will greatly benefit.”

Dinner with Judge Elizabeth Grant.

Advisory Board from page 5

MSGC Degree from page 1

against investigations by the U.S. Department of Justice, Inspectors General, and Congress; suspension and debarment actions; procurement-related legislation; negotiating contract terms; due diligence for contractor M&A; Foreign Military Sales; security clearance issues; and risk mitigation techniques for contractors working overseas.

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Dean Gordon noted that the director of the new program, Neal Couture, conducted market research to ensure that the program would respond to student needs.

Mr. Couture brings a wealth of experience to his position, having recently served as executive director of the National Contract Management Association, the country’s leading professional association for individuals working in the field of government contracts and contract management.

Exploring Government Contractor Data Rights

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n February, the Law School’s Jacob Burns Moot Courtroom was packed with students and government procurement practitioners eager to hear experts discuss the data rights provisions of the recently enacted National Defense Authorization Act. The provisions could significantly affect the division of intellectual property rights between the government and contractors. The audience heard from Peter Levine, general counsel of the Senate Armed Services Committee; Dr. Eugene Gholz, senior advisor to the deputy assistant secretary of defense for manufacturing and industrial base policy (on leave from the University of Texas’ Lyndon B. Johnson School of Public Affairs); Richard Gray, associate general counsel, Department of Defense Office of the General Counsel (and, of course, professorial lecturer at GW Law); Jonathan L. Etherton, Etherton & Associates, Inc.; and GW Law Professor Emeritus Ralph Nash, Dean Dan Gordon, and Professor Steve Schooner moderated the colloquium.

Faculty in Print

Faculty in New Media

Daniel I. Gordon, “Reflections on the Federal Procurement Landscape,” The Government Contractor, Vol. 54, No. 7 (February 2012).

In May 2012, Assistant Dean Jessica Tillipman became a contributing editor of The FCPA blog, the premiere Foreign Corrupt Practices Act resource on the Internet. In her posts, Dean Tillipman frequently writes about the intersection of procurement law and the FCPA, including a recent discussion on effective ethics and compliance programs, and a multi-part series on suspension and debarment. www.fcpablog.com/blog/author/jtillipman

Daniel I. Gordon, “The Twenty-Seventh Gilbert A. Cuneo Lecture in Government Contract Law,” Military Law Review, Vol. 210 (2011).

Steven L. Schooner & Collin D. Swan, “Dead Contractors: The Un-Examined Effect of Surrogates on the Public’s Casualty Sensitivity,” 6 Journal of National Security Law & Policy 11 (2012).

Opinio Juris, opiniojuris.org, a forum for discussion and debate about international law and international relations topics, hosted a week-long discussion on GW Law Professor Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. http://bit.ly/opiniojuris_dickinson

Steven L. Schooner & Pamela J. Kovacs, “Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights to Raise Affirmative Defenses With Sovereign Immunity,” 21 Federal Circuit Bar Journal 685 (2012).

Steven L. Schooner, “Postscript: Contract Disputes Act ‘Claims’: Is ‘Additional or Unforeseen Work at the Government’s Behest’ A Prerequisite?,” 26 Nash & Cibinic Report ¶ 40 (August 2012).

Joshua I. Schwartz, “Litigating State Secrets in Government Contract Performance Disputes,” in G. Albano, K. Snider & K. Thai, Charting a Course in Public Procurement Innovation and Knowledge Sharing, PrAcademics Press 2012, pp. 358-389.

Laura A. Dickinson

Jessica Tillipman with Kevin F. Hartley, JD ’83, of Microsoft Corporation.

Fall 2012 | Government Procurement Law Perspectives 9

Government Contracts Moot Court Finals

(L-R) Judges George W. Miller, Jeri K. Somers, and Thomas C. Wheeler.

(L-R) Robin Overby, JD ’13, Katherine John, JD ’12, Sandeep Nandivada, JD ’13, Dan Gordon, and Alison Doyle of McKenna Long & Aldridge.

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GW Law moot court tradition continued when the final round of the 2012 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition was held in the ceremonial courtroom of the U.S. Court of Appeals for the Federal Circuit, Howard T. Markey National Courts Building, just across the street from the White House. This year, 20 teams faced off in a case that, while the facts were fictitious, once again involved cutting-edge issues currently facing the public contracts bar. Judges for the finals were the Hon. George W. Miller, LLM ’68, and the Hon. Thomas C. Wheeler, both of the U.S. Court of Federal Claims, and Jeri K. Somers, vice chairman of the Civilian Board of Contract Appeals and a member of the Law School’s adjunct faculty.

The competitors (L-R), Tyler Evans, JD ’12, Brittany Warren, JD ’12, Anna Karass, JD ’13, and Charles Kruly, JD ’13.

Sponsored and supported by the law firm of McKenna Long & Aldridge, the competition offers students the chance to put their research, writing, and oral advocacy skills to the test, arguing both sides of an appellate case before seasoned government contracts professionals. Collin Swan, JD ’12, and James Tucker, JD ’12, drafted the competition problem. The winning team this year consisted of Tyler Evans, JD ’12, and Brittany Warren, JD ’12, who also submitted best government brief. Charles Kruly, JD ’13, and Anna Karass, JD ’13, were named as the runner-up/finalist team, and they also submitted the best contractor brief. Awards for overall excellence went to Deepa Menon, JD ’12, Linda Santiago (from George Mason University School of Law), and Gary Ward, JD ’13, while awards for excellence in oral advocacy went to Katherine John, JD ’12, Sandeep Nandivada, JD ’13, and Robin Overby, JD ’13, with Emily Barber (from George Mason), Christopher Salloum, JD ’13, and Yuri Weigel, JD ’13, winning awards for excellence in written advocacy. Finally, the professionalism award went to Nichole Best, JD ’13.

Experienced practitioners interested in serving as volunteer judges for the spring 2013 competition are encouraged to contact Stephanie Allgaier, staff chair for the competition, at 202.994.0715 or sallgaier@law.gwu.edu.

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Colloquia

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n February, GW Law hosted a colloquium on emerging issues in the use of offsets in international procurements. Professor Christopher R. Yukins and Andrew D. Irwin of the law firm Steptoe & Johnson moderated the program. Speakers included Ohad Cohen, commercial attaché at the Embassy of Israel in Washington; Varun Nikore, senior vice president–international at Tri Polus Ltd.; and Lorrine (Lori) Romero, senior counsel for Raytheon’s Network Centric Systems. The discussion addressed the range of approaches used with offsets, including the different approaches adopted by the governments of various countries, including Israel and India, as well as the experience of contractors working in those countries. The colloquium was held in cooperation with the ABA Section of International Law’s Procurement Committee and the ABA Public Contract Law Section’s International Procurement and Acquisition Reform and Emerging Issues Committees.

In March, GW Law hosted Professor Martin Burgi of Ruhr University Bochum (RUB) speaking on recent developments in European Union procurement law. Professor Burgi, who has a long-standing academic relationship with GW’s Government Procurement Law Program, serves as professor of German and European public law in RUB’s faculty of law. GW Law students and faculty, local practitioners, and procurement

professionals from international financial institutions, including the World Bank, attended his talk, which was followed by a lively discussion. The program was held in cooperation with the ABA Section of International Law’s International Procurement Committee and the ABA Public Contract Law Section’s International Procurement Committee.

Joshua Schwartz (L) and Bill Kovacic.

Chris Yukins (L) and Andy Irwin, JD ’96, of Steptoe & Johnson.

Professor Martin Burgi

GW Law Student Wins Two Writing Awards

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ollin Swan, JD ’12, won two prestigious writing competitions in spring 2012 for papers he wrote in the area of government procurement law. His paper on the evolving reality of personal services contractors won a writing competition held by the Section of Public Contract Law of the American Bar Association. Mr. Swan presented a talk on his paper to the Section’s Federal Procurement Institute in Annapolis, Maryland, in March. Later in the spring,

Mr. Swan’s paper on the Synchronized Pre-Deployment and Operational Tracker— a centralized interagency database used by the federal government to monitor military contractors—won a competition held by the National Contract Management Association; he made a presentation on that paper at the NCMA’s World Congress in Boston in July. These articles are now in print in the GW Law Review and the Journal of Contract Management, respectively.

Collin Swan

Fall 2012 | Government Procurement Law Perspectives 11

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