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Author: John R. Luckey Publisher: DIANE Publishing ISBN: 1437918859 Category : Technology & Engineering Languages : en Pages : 60
Book Description
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.
Author: John R. Luckey Publisher: DIANE Publishing ISBN: 1437918859 Category : Technology & Engineering Languages : en Pages : 60
Book Description
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.
Author: Publisher: ISBN: Category : Contracting out Languages : en Pages : 58
Book Description
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." Concerned that the existence of multiple and/or inconsistent definitions of "inherently governmental functions" might be partly responsible for the alleged contracting out of inherently governmental functions by the Department of Defense (DOD) and other agencies, the 110th Congress enacted legislation (P.L. 110-417) requiring the Office of Management and Budget (OMB) to develop a "single consistent definition" of "inherently governmental functions." This definition is to "ensure that the head of each ... agency is able to identify each position within that department or agency that exercises an inherently governmental function." Congress has several options if it is concerned that deficiencies in the existing definitions of inherently governmental functions may lead agencies to improperly contract out inherently governmental functions. Options include (1) relying upon recent statutory changes and/or the policies of the Obama Administration, which proposes to limit contracting out generally, to effect desired changes in agency contracting; (2) changing the existing definition of "inherently governmental functions"; (3) placing limits on contracting out or use of appropriated funds; (4) addressing structural factors potentially prompting agencies to rely on contractors; (5) providing for more effective oversight of executive branch contracting decisions; and (6) focusing more on questions of contracting policy (i.e., what functions should the government perform?) than on contracting law (i.e., what functions must the government perform?).
Author: United States. Congress. House. Committee on Armed Services. Readiness Subcommittee Publisher: ISBN: Category : Business & Economics Languages : en Pages : 126
Author: Thomas Bruneau Publisher: Stanford University Press ISBN: 0804781850 Category : Political Science Languages : en Pages : 288
Book Description
This book develops a new approach to the analysis of civil-military relations by focusing on the effectiveness of the armed forces in fulfilling roles & missions, and on their efficiency in terms of cost. The approach is applied to the United States using official documents and interviews with policy-makers. In addition to analyzing the impact of defense reform initiatives over the past thirty years, the book includes the recent phenomenon of "contracting-out" security that has resulted in greater numbers of contractors in Iraq and Afghanistan than uniformed military personnel. While the book demonstrates that democratic civilian control of the military in the U.S. is not at issue, it reveals that there is little public control over Private Security Contractors due to a combination of the current restricted interpretation of what is an "inherently governmental function" and limited legal authority. This is despite the fact that PSCs have taken on roles and missions that were previously the responsibility of the uniformed military. Further, despite numerous efforts to redress the problem, current political and institutional barriers to reform are not likely to be overcome soon.
Author: Government Accountability Office Publisher: CreateSpace ISBN: 9781492228387 Category : Political Science Languages : en Pages : 40
Book Description
Beginning with the National Defense Authorization Act for Fiscal Year 2006, Congress required the Secretary of Defense to issue guidelines requiring DOD to consider using federal employees to perform work that was currently being performed or would otherwise be performed under DOD contracts. Under the guidelines, special consideration was given to contracts that had been performed by federal government employees on or after October 1, 1980, were associated with the performance of inherently governmental functions, had not been awarded on a competitive basis, or were determined to be poorly performed due to excessive costs or inferior quality.
Author: Deborah Ballati Publisher: Law Journal Press ISBN: 9781588520982 Category : Business & Economics Languages : en Pages : 1122
Book Description
Offers a discussion and analysis of the procurement process and its political setting; strategies for contractors; and financing issues. This book includes chapters devoted to such areas as public housing, correctional facilities, waste disposal, and more. It is useful for attorneys, contractors, government officials, consultants, and scholars.
Author: Craig A. Montey Publisher: Nova Biomedical Books ISBN: 9781612096186 Category : Contracting out Languages : en Pages : 0
Book Description
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.