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44 Pub. Cont. L.J. 349 (2014-2015)
Government Contracting in the Shadow of the October 2013 Federal Government Shutdown

handle is hein.journals/pubclj44 and id is 363 raw text is: GOVERNMENT CONTRACTING IN THE SHADOW OF THE OCTOBER 2013 FEDERAL GOVERNMENT SHUTDOWN Darrell Curren I. Introduction .................... ................... 350 II. The Causes of Government Shutdowns and Their Effects on Government Contractors .......................... ....... 351 A. The Antideficiency Act Requires Congress to Appropriate Funds Before Agency Use ............................. 352 B. Problems That Face Government Contractors During Government Shutdowns .............................. 353 1. Inability to Access Funds Due to Lack of Appropriations and Government Employee Furloughs ....... .......... 353 2. The Majority of Contractors Will Have to Stop Performance and Work During a Shutdown ..... ........ 353 3. Contractors May Not Have Access to Contracting Officers and Non-Excepted Government Employees....................... 354 4. Contractors May Not Have Access to Government Property ................................. ....... 355 III. Contract Clauses May Be Used to Pursue a Legal Remedy Against Contractual Acts Taken by the Government During a Shutdown 355 A. The Sovereign Act Doctrine Reduces the Chances of a Finding of Government Liability .............................. 356 B. The Stop-Work Order Clauses Provide a Potential Cause of Action............................................ 356 C. The Government May Also Invoke the Termination for Convenience Clause................................. 357 D. The Allocation of Risk in the Contract Can Significantly Affect the Outcome of Any Litigation ......................... 358 1. Fixed-Price Contracts .............................. 358 2. Cost-Reimbursement Contracts ......................... 359 3. Other Clauses .................................... 359 TV. Contractors Can Petition Their Contracting Officers for an Expansive Definition of Excepted versus Non-Excepted Activities ............................................. 359 Darrell Curren (dlcurren@law.gwu.edu) expects to receive his J.D. in May 2015 from The George Washington University Law School and is a member of the Public Contract Law Journal. He would like to thank his parents for their continuous support. 349

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