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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