LETTER TO OFPP OF OMB, BY
CONTRACTING INDUSTRY REPRESENTATIVES,
DATED JUNE 8, 2009
Ms. Julia Wise Office of Federal Procurement Policy Office of Management and Budget Washington, DC
Re: Multi-Association Comments on the President’s Memorandum on Government Contracting
Dear Ms. Wise:
The undersigned organizations submit this letter for the record at the June 18, 2009 public meeting on implementation of Section 321 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008. We supported the enactment of this provision of the NDAA and offer this letter and its attachments to support its implementation by OMB. Congress concluded that the patchwork of guidance for determining what government employees must do, i.e., “inherently governmental functions,” and what constitutes “functions closely related to inherently governmental functions” and commercial activities excepted by the Competitive Sourcing Official under OMB Circular A-76, fails to adequately guide agencies in making these key, total work force, decisions.
In the attached material, we propose a definition of “inherently governmental” that relates to the existing OMB guidance and the examples in FAR 7.503(c). We also offer definitions of “critical functions and positions.” We do not, and we respectfully urge the Executive Branch not, to suggest examples of critical functions and positions. While we considered FAR 7.503(d) in making our recommendations, we consciously decided that critical functions and positions were in some cases broader and in some