Implications and Constraints of Fiscal Laws in Contingency Contracting
NAVAL POSTGRADUATE SCHOOL MONTEREY CA GRADUATE SCHOOL OF BUSINESS AND PUBLIC POLICY
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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.
- Sociology and Law
- Logistics, Military Facilities and Supplies
- Military Operations, Strategy and Tactics