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Contracting United States Government Work: Organizational and Constitutional Models

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Abstract

Much of the basic work of the U.S. federal government is performed by private contractors. This reliance on contractors is not new. It is the product of bipartisan reform that dates to the mid-20th century. The reform has yielded major successes, but has left a legacy of unaddressed questions, including the ability of the official workforce to account for the government's work. This article recounts the history of the ongoing reform from two viewpoints. First, it reviews organizational models that serve as building blocks for the relationships between organizations and contractors. Second, it focuses on the constitutional models within which the organizational models operate. The underlying argument is that the early reformers identified questions of constitutional significance that have yet to be resolved, and at least three models for their possible resolution concurrently exist.

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References

  • Auster, Bruce. (2000). ''The Art of the Raw Deal.''U.S. News and World Report, April 24.

  • Bowsher, Charles A. (Comptroller General). (1989). Letter to the Hon. David Pryor, Chairman, Federal Services Post Office and Civil Service Subcommittee, December 29.

  • Bredemeier, Kenneth. (2003). ''Thousands of Private Contractors Support U.S. Forces in Persian Gulf.'' Washington Post, March 4.

  • Brown, Reginald (Assistant Secretary of the Army (Manpower and Reserve Affairs)). (2002). Letter to the Hon. Ted Stevens, Ranking Member, Committee on Appropriations, Subcommittee on Defence, U.S. Senate, April 12.

  • Bush, Vannevar. (1970). Pieces of the Action. New York: Morrow.

    Google Scholar 

  • Cha, Ariana. (2003). ''At NASA: Concerns on Contractors.'' Washington Post, February 17.

  • Corson, John. (1971). Business in the Humane Society. New York: McGraw-Hill.

    Google Scholar 

  • DOE (Department of Energy). (2001). ''Workforce Analysis, July 2001.'' http://www.ma.mbe.doe.gov/ pol/WFAnal.pdf

  • Donahue, John, and Joseph Nye. (2002). Market Based Governance. Washington, D.C.: Brookings.

    Google Scholar 

  • Eisenhower, Dwight D. (1961). ''Farewell Radio and Television Address to the American People.'' In Published Papers. Washington, D.C.: Government Printing Office, para 421.

    Google Scholar 

  • Energy Daily. (1990). ''Contractors Lied on Conflict of Interest, Says DOE.'' March 27.

  • GAO (General Accounting Office). (1991). ''Are Service Contractors Performing Inherently Governmental Functions?'' Washington, D.C.: General Accounting Office.

    Google Scholar 

  • GAO. (1997). ''Privatization: Lessons Learned by State and Local Governments.'' Washington, D.C.: General Accounting Office.

    Google Scholar 

  • GAO. (2002). Commercial Activities Panel: Final Report. Washington, D.C.: General Accounting Office.

    Google Scholar 

  • Government Executive On-Line. (2002). ''Top 200 Government Contractors.'' http://www.govexec.com/02top/s2chart1.htm

  • Guttman, Daniel. (1978). ''Organizational Conflict of Interest and the Growth of Big Government.''Harvard Journal of Legislation 15(2), 297–317.

    Google Scholar 

  • Guttman, Daniel. (2000). ''Public Purpose and Private Service: The Twentieth Century Culture of Contracting Out and the Evolving Law of Diffused Sovereignty.'' Administrative Law Review 52(3), 859–926.

    Google Scholar 

  • Guttman, Daniel. (2001). ''The United States Enrichment Corporation: A Failing Privatization.'' Asian Journal of Public Administration 23(2), 247–272.

    Google Scholar 

  • Guttman, Daniel, and Barry Willner. (1976). The Shadow Government. New York: Pantheon Books.

    Google Scholar 

  • Hamilton, Martha. (2000). ''Approaching Critical Mass.'' Washington Post, January 31.

  • Hecker, Sigfried. (1997). ''Nuclear Weapons Stewardship in the Post-Cold War Era: Governance and Contractual Relationships.''http://www.lanl.gov/orgs/pa/News/goco3.html: April 15.

  • House of Representatives. (1962). Report to the President on Government Contracting for Research and Development (''Bell Report''). Washington: Executive Office of the President, Bureau of the Budget. (Appears in Appendix 1 to Part 1, ''Systems Development and Management,'' Hearings before the Committee on Government Operations, 87th Congress.)

  • House of Representatives. (1993). Testimony of the Hon. Hazel O'Leary, ''DOE Management.'' Hearings before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce, 103rd Congress.

  • Light, Paul. (1999). The True Size of Government. Washington: Brookings.

    Google Scholar 

  • Lindblom, Charles. (1959). ''The Science of Muddling Through.'' Public Administration Review 19(2), 79–88.

    Google Scholar 

  • McDougall, Walter A. (1985). The Heavens and the Earth: A Political History of the Space Age. New York: Basic Books.

    Google Scholar 

  • Nieburg, H.L. (1966). In the Name of Science. Chicago: Quadrangle Books.

    Google Scholar 

  • Osborne, David, and Ted Gaebler. (1992). Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector. Reading, Massachusetts: Addison-Wesley.

    Google Scholar 

  • Peck, Merton, and Frederick Scherer. (1962). The Weapons Acquisition Process: An Economic Analysis. Boston: Division of Research, Graduate School of Business Administration, Harvard University.

    Google Scholar 

  • Peckenpaugh, Jason. (2002). ''Army Secretary Announces Massive Outsourcing Plan.'' Government Executive Online, October 10. http://207.27.3.29/dailyfed/1002/101002p.1.htm Price, Don. (1965). The Scientific Estate. Cambridge, MA: Belknap Press.

    Google Scholar 

  • Roberts, Alasdair. (1994). ''The Rhetorical Problems of the Management Expert.'' Ph.D. Thesis, Harvard University. http://faculty.maxwell.syr.edu/asroberts/documents/thesis.pdf Sapolsky, Harvey. (1972). The Polaris System Development: Bureaucratic and Programmatic Success in Government. Cambridge: Harvard University Press.

    Google Scholar 

  • Senate. (1974). ''Federal Political Personnel Manual.'' In Presidential Campaign Activities of 1972, Senate Resolution 60: Executive Session Hearings before the Senate Select Committee on Presidential Campaign Activities, 93rd Congress.

  • Senate. (1980). Oversight of the Structure and Management of the Department of Energy. Report by Staff of Senate Committee on Governmental Affairs, 96th Congress.

  • Senate. (1989). ''Report to the Chairman of the Federal Services Subcommittee by the Majority Staff.'' In Use of Consultants and Contractors by the Environmental Protection Agency and the Department of Energy. Hearing before the Subcommittee on Federal Services, Post Office and the Civil Service of the Senate Committee on Governmental Affairs, 101st Congress.

  • Senate. (2003). Statement of the Hon. Kenneth Mead, Inspector General, Department of Transportation, before the Committee on Science, Commerce and Transportation, Subcommittee on Aviation, February 5.

  • Smith, Bruce L.R. (1966). The RAND Corporation: A Case Study of a Nonprofit Corporation. Cambridge, MA: Harvard University Press.

    Google Scholar 

  • Stevenson, Richard. (2002). ''A Government Plan May Make Up to 850,000 Jobs Private.'' New York Times, November 15.

  • bus_opp/procurement/}

  • Weinstock, Matthew. (2001). ''Meltdown.'' Government Executive, February. http://www.govexec.com/features/0201/0201s2.htm

  • White House. (2001). ''Barriers: A Federal System Inhospitable to Faith-Based and Community Organizations.'' http://www.whitehouse.gov.news/releases/2001/08/unlevelfield3.html

  • White House. (2003). ''The President's Management Agenda.'' http://www.whitehouse.gov.omb.-budget/2002/mgmt/pdf

  • White, Thomas E. (Secretary of the Army). (2002). ''Accounting for the Total Force: Contractor Workforce.'' Memorandum for Under Secretary of Defence (Acquisition, Technology and Logistics) and others, March 8.

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Guttman, D. Contracting United States Government Work: Organizational and Constitutional Models. Public Organization Review 3, 281–299 (2003). https://doi.org/10.1023/A:1025389532718

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