Download or read book Definitions of Inherently Governmental Function in Federal Procurement Law and Guidance written by Congressional Research Congressional Research Service and published by CreateSpace. This book was released on 2014-12-23 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Functions that federal law and policy require to be performed by government personnel, not contractor employees, are known as "inherently governmental functions." Such functions have been a topic of interest in recent Congresses, in part, because of questions about sourcing policy (i.e., whether specific functions should be performed by government personnel or contractor employees). There have also been questions about the various definitions of inherently governmental function given in federal law and policy and, particularly, whether the existence of multiple definitions of this term may have resulted in contractor employees performing functions that should be performed by government personnel. Two primary definitions of inherently governmental function currently exist in federal law and policy. One is a statutory definition, enacted as part of the Federal Activities Inventory Reform (FAIR) Act of 1998. This definition states that an inherently governmental function is "a function so intimately related to the public interest as to require performance by Federal Government employees." The other is a policy-oriented definition contained in Office of Management and Budget (OMB) Circular A-76. This definition states that an inherently governmental activity is "an activity that is so intimately related to the public interest as to mandate performance by government personnel." These two definitions arguably do not differ significantly in and of themselves. However, both the FAIR Act and OMB Circular A-76 include further elaboration and expansion upon the meaning of inherently governmental function that differ in certain ways. Other statutes, regulations and guidance documents that define inherently governmental function do so either by reproducing the language of the FAIR Act or OMB Circular A-76, or by incorporating their definitions by reference. Most notably, the Federal Acquisition Regulation (FAR) incorporates by reference or otherwise adopts the definition of OMB Circular A-76, while Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, discussed below, adopts the FAIR Act's definition. However, like the FAIR Act and OMB Circular A-76, both the FAR and Policy Letter 11-01 also include some unique elaboration and expansion upon the term. In addition to these definitions, there are numerous statutory, regulatory, and policy provisions designating specific functions as inherently governmental or, alternatively, commercial. (A commercial function is one that could be performed by contractor employees, although there is generally no requirement that contractor employees perform commercial functions.) Such designations also help establish the meaning of inherently governmental function by specifying what is-and is not-included within this category. Similarly, while not offering their own definitions of inherently governmental function, the Government Accountability Office (GAO) and the federal courts have developed tests that they use in identifying specific functions as inherently governmental or commercial. However, a judicial declaration that a particular function is inherently governmental under a constitutional test would not necessarily preclude the executive branch from contracting out this function. The 110th Congress tasked OMB with reviewing existing definitions of inherently governmental function and developing a "single consistent definition" of this term. Partly in response to this charge, OMB, though the OFPP, issued Policy Letter 11-01. Policy Letter 11-01 adopts the FAIR Act's definition of inherently governmental function, rather than establishing a new definition. However, Policy Letter 11-01 does establish two tests for identifying inherently governmental functions, as well as defines a critical function as one "that is necessary to the agency being able to effectively perform and maintain control of its mission and operations."
Download or read book Definitions of inherently Governmental Functions in Federal Procurement Law and Guidance written by Kate Manuel and published by . This book was released on 2014 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inherently Governmental Functions and Department of Defense Operations written by John R. Luckey and published by DIANE Publishing. This book was released on 2010 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ¿inherently governmental function¿ is one that, as a matter of law and policy, must be performed by fed. gov¿t. employees and cannot be contracted out because it is ¿intimately related to the public interest.¿ This report provides background, issues, and options for Congress on defining inherently governmental functions within the context of U.S. Dept. of Defense (DoD) operations. The report focuses upon DoD because of the specific functions that it performs; its prominent role in fed. contracting; its unique workforce, which consists of military and civilian personnel; and recent allegations that DoD, among other agencies, has improperly contracted out inherently governmental functions. Charts and tables.
Download or read book Government Contractors written by United States. General Accounting Office and published by . This book was released on 1991 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Circular No A 76 Revised Supplemental Handbook written by United States. Office of Management and Budget and published by . This book was released on 1996 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Government Contracts Reference Book written by Ralph C. Nash and published by CCH Incorporated. This book was released on 1998 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Procurement Ethics written by Terrence M. O'Connor and published by Berrett-Koehler Publishers. This book was released on 2009-11 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Comprehensive and Easy-to-Use Guide to the Federal Procurement Ethics Requirements! Revised to include recent changes in procurement ethics rules, such as the significant additions to the False Claims Act made by Congress in 2009, this book is a complete, all-in-one resource. This plain-English guide focuses on exactly what procurement professionals—both federal officials and contractor employees—need to know to be in compliance with the law and to conduct better business practices. Federal Procurement Ethics: The Complete Legal Guide, Revised Edition, provides comprehensive, easy-to-understand descriptions of all the ethics rules that procurement professionals in both government and the private sector need to follow. Summaries of recent and relevant court cases that illustrate the need for full compliance with procurement regulations are also included.
Download or read book Performance of Commercial Activities written by United States. Office of Management and Budget and published by . This book was released on 1983 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Circular establishes Federal policy regarding the performance of commercial activities," i.e., Federal policy on whether government agencies should produce goods and services in-house or contract them out to commercial sources. Cf. pp. 1-2.
Download or read book Inherently Governmental Functions written by Craig A. Montey and published by Nova Biomedical Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest". This book provides background, issues and options for Congress on defining inherently governmental functions within the context of DOD operations. It situates contemporary debates over which functions are inherently governmental within the context of the broader debate about the proper roles of the public and private sectors.
Download or read book Government Auditing Standards 2018 Revision written by United States Government Accountability Office and published by Lulu.com. This book was released on 2019-03-24 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Audits provide essential accountability and transparency over government programs. Given the current challenges facing governments and their programs, the oversight provided through auditing is more critical than ever. Government auditing provides the objective analysis and information needed to make the decisions necessary to help create a better future. The professional standards presented in this 2018 revision of Government Auditing Standards (known as the Yellow Book) provide a framework for performing high-quality audit work with competence, integrity, objectivity, and independence to provide accountability and to help improve government operations and services. These standards, commonly referred to as generally accepted government auditing standards (GAGAS), provide the foundation for government auditors to lead by example in the areas of independence, transparency, accountability, and quality through the audit process. This revision contains major changes from, and supersedes, the 2011 revision.
Download or read book Getting Started in Federal Contracting written by Barry L. McVay and published by . This book was released on 1984 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracting Out Procurement Functions An Analysis written by and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The overall procurement function is clearly an inherently governmental function. However, it can be argued that some functions within procurement are not inherently governmental. Many have identified that Department of Defense (DoD) personnel levels have dropped and that activity rates for procurement organizations have increased. This has driven a gap between the requirements and the organic capability in many DoD contracting offices. This dilemma of an overall inherently governmental function, yet a shortfall in personnel to perform the overall function, provides the motivation for this study. Eighteen DoD agencies/ commands and six non-DoD agencies responded to a survey to determine the current practice. The study determines that government agencies display considerable variety in their use of contractor support for procurement functions. The government must be very careful when contracting out procurement functions. Government leaders must maintain their ability to thoroughly control their policy and management functions. Contracting out a function must not inappropriately restrict agency management in their ability to develop and consider options. This report does not identify or recommend specific procurement functions that should or should not be contracted out. Less sensitive procurement tasks such as contract closeout and market research seem to be appropriate. More sensitive tasks such as negotiation and reviewing contractor performance would be less likely candidates. This report recommends the manager retain the ability and the option to assess the local environment and requirements, and to make a proper choice. For management purposes, it is recommended that each contracting activity be limited in the percentage of their workforce that may be contracted out.
Download or read book Standards of Ethical Conduct for Employees of the Executive Branch written by United States. Office of Government Ethics and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Directory of DCAA Offices written by United States. Defense Contract Audit Agency and published by . This book was released on 1987 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Long Range Acquisition Estimates written by United States. Office of the Competition Advocate General of the Navy and published by . This book was released on 1992 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Contract Principles written by United States. General Accounting Office. Office of the General Counsel and published by . This book was released on 1978 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Outsourcing Management Functions for the Acquisition of Federal Facilities written by National Research Council and published by National Academies Press. This book was released on 2001-01-20 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study outsourcing is defined as the organizational practice of contracting for services from an external entity while retaining control over assets and oversight of the services being outsourced. In the 1980s, a number of factors led to a renewed interest in outsourcing. For private sector organizations, outsourcing was identified as a strategic component of business process reengineering-an effort to streamline an organization and increase its profitability. In the public sector, growing concern about the federal budget deficit, the continuing long-term fiscal crisis of some large cities, and other factors accelerated the use of privatization measures (including outsourcing for services) as a means of increasing the efficiency of government.
