Jump to content
The Wifcon Forums and Blogs

napolik

Inherently Governmental Function

Recommended Posts

FAR 7.502 applies Subpart 7.5 to all contracts for services.

FAR 7.503 (a) says that ?Contracts shall not be used for the performance of inherently governmental functions.?

FAR 7.503(e) says

Quote

Agency implementation shall include procedures requiring the agency head or designated requirements official to provide the contracting officer, concurrent with transmittal of the statement of work (or any modification thereof), a written determination that none of the functions to be performed are inherently governmental. This assessment should place emphasis on the degree to which conditions and facts restrict the discretionary authority, decision-making responsibility, or accountability of Government officials using contractor services or work products. Disagreements regarding the determination will be resolved in accordance with agency procedures before issuance of a solicitation.

Unquote

DFARS 207.503, Policy, says

Quote

(e) The written determination required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental?

(i) Shall be prepared using DoD Instruction 1100.22, Guidance for Determining Workforce Mix; and

(ii) Shall include a determination that none of the functions to be performed are exempt from private sector performance, as addressed in DoD Instruction 1100.22.

Unquote

Given this coverage in the FAR and DFAR, I am curious to know the answers to two questions:

1. How many contracting folks are preparing for every service contract the FAR 7.503(e) determination that the contract does not cover inherently governmental functions?

2. How many DoD contracting folks prepare the determination using the DFARS guidance?

Share this post


Link to post
Share on other sites

Given this coverage in the FAR and DFAR, I am curious to know the answers to two questions:

1. How many contracting folks are preparing for every service contract the FAR 7.503(e) determination that the contract does not cover inherently governmental functions?

2. How many DoD contracting folks prepare the determination using the DFARS guidance?

The Army uses a worksheet as part of the Approval of Contract Services which documents that the services being procured are not IG. The Approval is required for ALL service contracts.

As for DoDI 1100.22, I'm not certain whether the Army form complies or not since I haven't read the DoDI cover to cover.

Share this post


Link to post
Share on other sites
The Army uses a worksheet as part of the Approval of Contract Services which documents that the services being procured are not IG. The Approval is required for ALL service contracts.

Who actually makes the determination that the services are not inherently governmental - the agency head or his or her designated requirements official?

Share this post


Link to post
Share on other sites

The Army proponet for the use of the Service Contract Act Approval is the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA-M&RA). The current worksheet, which was recently revised, requires the head of the requiring activity to approve the requirement, (GO/SES only can sign) and to certify that the requirement is compliant by placing their signatures in the appropriate place. I'm not sure about the other components of DoD but this has been in effect for the Army for quite some time. Contracting Officers are not allowed to make an award for services without first obtaining the completed form.

On another note the approval authority though vested in the Agency Head which can be as high as a four star general can only be delegated down to the GO/SES level without prior approval from the proponent agency, i.e., ASA M&RA. Therefore, I have seen a couple of COL's signatures on these documents when obtaining the higher level signature would jeopardize the procurement.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×