This definition IS a policy determination, not a legal determination. ” Continuing with researching the definition of GIF, I found an article that defined GIF as it was prior to the final policy letter and after. According to Lucky (2012): An “inherently governmental function” is one that, as a matter of federal law and policy, must be performed by government employees and cannot be contracted out. Two main definitions of inherently governmental functions currently exist within federal law and agency directives.
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 MOB 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. Other statutes, regulations and guidance documents that define inherently governmental functions do so either by reproducing the language of the FAIR Act or MOB Circular -76, or by incorporating their definitions by reference. For example, the Federal Acquisition Regulation (FAR) uses the definition of MOB Circular A-76, while Office of Federal Procurement Policy (POOP) Policy Letter 11-01 adopts the FAIR Act’s definition.
Amy Starks, Page 2 Office of Management and Budget (MOB) guidance on functions considered GIF Guidelines and responsibilities that agencies shall use to determine as stated in the Policy Letter (2011) include putting into practice: “(1) whether their requirements involve the performance of inherently governmental functions, functions closely associated with inherently governmental functions, or critical functions; and (2) the type and level of management attention necessary to ensure that functions that should be reserved for Federal performance are not materially limited by or contractor performance are properly managed. Policy Letter 11-01 adopts the definition of “inherently governmental functions” found in the Federal Activities Inventory Reform (“FAIR”) Act, pub. L. NO. 105-270, S 5, 112 stats. 2382, 2384-85 (1998). The Policy Letter also provides an illustrative list of examples of inherently governmental functions, some included in the list below:
Amy Starks, Page 3 Function Work that is inherently governmental and therefore must be performed by Federal employees Work that is closely associated with inherently governmental functions and that may be performed by either Federal employees or contractors Budget development ? Policy and regulatory development Human resources management. Acquisition planning, execution, and management. The determination of budget policy, guidance, and strategy, and the determination of Federal program priorities or budget requests.
The determination of the content and application of policies and regulations. The selection of individuals for Federal Government employment, including the interviewing of individuals for employment, and the direction and control of Federal employees. During acquisition planning: (1) Determination of requirements, (2) approval of a contract strategy, statement of 13) independent determination of estimated cost based on input from either in-house or contractor sources or both.
During source selection: 11) Determination of price reasonableness of offers, Z) participation as a voting member on a source selection board, and 13) awarding of contracts. During contract management: 1) Ordering of any changes required in contract performance or contract qualities, Z) determination of whether costs are reasonable, allocable, and allowable, (3) participation as a voting member on performance evaluation boards, (4) approval of award fee determinations or past performance evaluations, and 15) termination of contracts.
Support for budget preparation, such as workforce modeling, fact finding, efficiency studies, and should cost analyses. Support for policy development, such as drafting policy documents and regulations, performing analyses, feasibility studies, and strategy options. Support for human resources management, such as screening resumes in accordance with agency guidelines. Support acquisition planning by: 11) Conducting market research, Z) developing inputs for government cost estimates, and (3) drafting statements of Nor and other pre-award documents.
Support source selection by: 11) Preparing a technical evaluation and associated documentation; (2) participating as a technical advisor to a source selection board or as a nonvoting member of a source evaluation board; and (3) drafting the price negotiation memorandum. Support contract management by: 1) Assisting in the evaluation of a contractor’s performance (e. G. , by collecting information, performing an analysis, or making a recommendation Z) providing support for assessing contract claims and preparing termination settlement documents.
FAR Subpart 7. 5 provides the policies and procedures of what contractors would not perform as related to GIF. Subpart 7. 503(c) provides a list of about 20, but not all inclusive examples of functions considered to be GIF. FAR 7. 503 (d) provides a list of about 19, but not all inclusive examples of functions generally not considered to be inherently governmental functions. Amy Starks, Page 4 GIF Topic of Concern GIF is topic of concern because DoD finds it challenging to separate inherently governmental work from contractor work.
For so long contractors have been allowed to perform work that was supposed to be performed only by federal employees. With allowing this according to Weight (2012) “military departments have not done well in itemizing their services contracts. ” Weight (2012) stated in the article that “Army inventory reviews of fiscal 2009 services contracts found 1,935 instances of annotators conducting inherently governmental functions, or work only a federal employee is supported to do.