Implications and Constraints of Fiscal Laws in Contingency Contracting

Abstract

When contracting officers procure goods and services to meet the needs of government agencies and programs, they seek best value and manage risk as best they can. These contracting officers and their government agencies must comply with fiscal laws while fulfilling their needs. Fiscal laws and regulations were originally designed for peacetime environments, processes, and systems. When unforeseen events occur that require an immediate response -- such as a contingency environment mission -- the regulatory framework is stressed. In a contingency environment, the constraints of fiscal laws and Federal Acquisition Regulations (FAR) often put contracting officers in the position of compromising mission results or failing to comply with the rules. This study examines cases in which fiscal law constraints led to either violation of the Antideficiency Act or a negative impact to the mission. We find that different contingency environments and phases of the contingency operation present different risks to mission effectiveness and regulatory compliance. We provide recommendations for more flexible funding and regulatory models in contingency environments.

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Document Details

Document Type
Technical Report
Publication Date
Aug 30, 2013
Accession Number
ADA591736

Entities

People

  • Angela M. Calhoun
  • Marcia R. Larssen

Organizations

  • Naval Postgraduate School

Tags

Communities of Interest

  • Biomedical
  • Ground and Sea Platforms
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Business Administration
  • Congress
  • Contingency Operations (Military)
  • Emergency Response
  • Employment
  • Governments
  • Humanitarian Assistance
  • Law
  • Management Personnel
  • Military History
  • Military Science
  • National Politics
  • National Security
  • Personnel Management
  • Public Policy
  • United States Central Command
  • Warfare

Readers

  • Defense Financial Management and Audit.
  • Maritime Combat Support and Expeditionary Logistics.
  • Systems Analysis and Design