On Demand Audio

Federal Appropriations and Fiscal Law

(104 reviews)

Produced on July 16, 2019

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$ 59 Banking Law, Contract Law, and Administrative Law In Stock
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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

Every expenditure of federal funding has to comply with a complicated regime of fiscal law, especially for government contracts. This presentation, presented by Pete Dungan (materials prepared by Kenneth J. Allen), takes the fear and mystery out of this topic and explains the operation of the key fiscal laws, principles, and opinions of the Comptroller General and Attorney General in the context of government contracting. The concept of the “availability” of appropriations will be discussed in terms of the purpose of an appropriation, including the time in which the appropriation must be obligated on a contract, and the constraints of the Antideficiency Act, which defines the timing and amounts of an obligation. This Act and its requirements, prohibitions and penalties, will be thoroughly explained and illustrated with case studies of ADA violation reports submitted to Congress.


Learning Objectives:

  1. Review the structure and authorities of federal fiscal law
  2. Grasp concepts of “availability” and an “obligation” of an appropriation
  3. Explain the Purpose Statute and “Necessary Expense Doctrine,” which control what appropriations can be used for, and the effect of a “purpose” violation
  4. Assess the “life cycle” of appropriations and the “Time Law” and “Necessary Expense Doctrine,” and the effect of a “time” violations
  5. Review the funding rules for severable and non-severable contracts, and the difference between “multiple year” and “multiyear” contracts
  6. Understand what a “personal services” contract is
  7. Introduce the Antideficiency Act and its requirements and prohibitions

Credit Information

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Faculty

Pete Dungan

Miles & Stockbridge

Pete Dungan brings two decades of national security and public procurement law experience to bear for his clients. As an Army veteran, Pete knows failure is not an option when clients trust him with their most important matters – when a billion dollar contract is on the line, when the government seeks to claw back hundreds of millions of dollars, and when a contractor's eligibility to continue winning government business is at risk. 

A litigator by training, Pete secures positive results for contractors in bid protests and contract claims against federal agencies as well as state, local, and educational (SLED) organizations. He is the veteran of more than 80 bid protests at the U.S. Government Accountability Office and the U.S. Court of Federal Claims. Pete is recognized by his peers as a leader in contract disputes, and he serves as co-chair of the American Bar Association Section of Public Law's Bid Protest Committee as well as a vice-chair of its Contract Claims and Disputes Resolution Committee. 

Not only is Pete a litigator who contractors count on, he also possesses deep understanding of the industry. His broad base of experience – gathered from two decades of military service – allows him to provide unique perspectives to his clients in transactional and investigational matters. Pete has advised on some of the most important and complex mergers and acquisitions in the government services industry. And, he is an authority on matters affecting contractors on the battlefield, having served in Afghanistan advising a special operations task force.

Pete recently retired from the U.S. Army Reserve as a Lieutenant Colonel after over 21 years of service, most recently serving as the Deputy Chair and Adjunct Professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School in Charlottesville, Virginia.