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Government Contracts

Appropriations

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Disappropriation, Matthew Lawrence Dec 2019

Disappropriation, Matthew Lawrence

Matthew B. Lawrence

In recent years Congress has repeatedly failed to appropriate funds necessary to honor legal commitments (aka entitlements) that are themselves enacted in permanent law. The Appropriations Clause has forced the government to defy legislative command and break such commitments, with destructive results for recipients and the rule of law. This Article is the first to address this poorly-understood phenomenon, which it labels a form of “disappropriation.” 

The Article theorizes recent high-profile disappropriations as one probabilistic consequence of Congress’s decision to create permanent legislative payment commitments that the government cannot honor without periodic, temporary appropriations. Such partially-temporary programs include Medicaid and …

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The Congressional War On Contractors, Jessica Tillipman Jan 2013

The Congressional War On Contractors, Jessica Tillipman

GW Law Faculty Publications & Other Works

The U.S. Suspension & Debarment regime is designed to ensure that the federal government does business only with “responsible” partners. One of the most fundamentally (and frequently) misunderstood aspects of the FAR 9.4 suspension & debarment system is that these tools are only to be used for the purpose of protecting the Government, not to punish contractors for their past misconduct. Unfortunately, recent congressional initiatives demonstrate many legislators’ desire to transform debarment into a tool of punishment by banishing contractors from the procurement system “with little consideration of whether such action is needed or fair."

Instead of focusing on the …

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How Does The Political Nature Of The Defense Acquisition Process Affect Cost Growth, Nikolaos Gounatidis Sep 2006

How Does The Political Nature Of The Defense Acquisition Process Affect Cost Growth, Nikolaos Gounatidis

Theses and Dissertations

Many of the major programs of the DoD are experiencing cost growth. This research developed an empirical model in order to explain cost overruns. This thesis sought to discover relationships between cost overruns and factors that originate from the political nature of the defense acquisition process. The model describes how the political and legislative balances of power between the parties of the Congress, the change of the purchase habits of the DoD from production to service contracts, and the spreading of defense manufacturing capacity across the U.S are related to cost overruns. This research studied 193 programs from 1970 to …

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