General Electric Company, a Corporation v. The United States

ON DEFENDANT’S MOTION FOR RECONSIDERATION

The defendant has filed a motion for reconsideration raising several points, only one of which merits some further discussion. That argument is that our decision ignores certain Defense Department (and other government) directives said to implement the Anti-Deficiency Act, 31 U.S.C. § 665, and thus to deprive the contracting officer (Lt. Col. McDermott) of all authority to approve the over-run. We do not at all consider this point on its merits, in this case, because it comes far too late in the litigation. These directives —which defendant says, and…