Ms. Windsor’s bottom line is this:
When the government forms contracts for core governmental functions, particularly in the area of national security, the consequences of problems arising under those contracts can be severe. Preventing those harms is in the United States’ interest, under the two-pronged policy of supporting wise, efficient use of taxpayer dollars while maintaining government control over sovereign activities. Because of the barriers to litigation of such contracts after-the-fact when things go wrong, it is even more important to prevent the contracting out of such functions a priori. The three approaches outlined above recommend that the government use inherently-governmental-functions law to prevent unwise contracting of activities that are core to the United States’ national security, and also to deter similar future cases. This will allow contractors to continue to support government activities efficiently while maintaining a proper balance with government authority and oversight.
Phi Beta Iota: “Inherently governmental functions” got lost between the corruption of Congress (to include borrowing a trillion a year so the Republicans could have corporate welfare and the Democrats could have individual welfare) and the conflicting priorities of keeping the government small while spending the maximum amount of money possible (the 5% kick-back just keeps on growing). By all reasonable accounts, between 30-50% of every federal dollar is waste — never mind fraud, just waste. At the same time the government has confused inputs (money obligated, contractor butts in seats) with outputs (good governance).