The past decade has seen an explosion in the use of contractors by federal agencies to perform a wide variety of government functions, most notably in the defense, intelligence and health care industries. According to USAspending.gov, the federal government spent well more than $500 billion on contracts with private companies for products and services during fiscal year 2009. This enhanced use, both in the United States and abroad, has raised numerous questions about the rights and responsibilities of these employees who work for private companies but have become an integral part of the mission of federal agencies.
As novices in the multilayered legal and regulatory construct, contract personnel are often left in the dark as to how to navigate through this environment, particularly when disputes arise. Contract employees, regularly embedded in the agency workplace, often report to two supervisors, one in the federal agency and one from the private-sector contractor. Further complicating matters, Department of Defense (DoD) contractors may have to deal with both military and civilian employees who often view workplace issues differently. Also, federal contracting officers regularly lack the manpower or training to effectively monitor and supervise the contractor work force.
