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INHERENTLY GOVERNMENT FUNCTIONS

01.

Review Subpart 7.5 in it's entirety.

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02.

Take special care of the language you use in reporting activities in the weekly and monthly reports.

03.

If asked to perform an activity that is an inherently governmental function, talk to your direct supervisor.

04.

Identify yourself as a contractor when attending meetings, answering government telephones, providing any type of written correspondence, or working in situations where your actions could be construed as official government acts.

Regulations that govern what we, as contractors, can and cannot do.

  • The conduct of foreign relations and the determination of foreign policy.
  • The determination of Federal program priorities for budget requests.
  • The determination of agency policy, such as determining the content and application of regulations, among other things.
  • The direction and control of Federal employees.
  • The determination of budget policy, guidance, and strategy.
  • The drafting of Congressional testimony, responses to Congress, or agency responses to audit reports from the Inspector General, the Government Accountability Office (GAO), or other Federal Audit entity.

APPROPRIATE CONTRACTOR FUNCTIONS

  • Services that involve or relate to budget preparation, including workload modeling, fact finding, efficiency studies, and should-cost analyses, etc.
  • Services that involve or relate to reorganization and planning activities.
  • Services that involve or relate to analyses, feasibility studies, and strategy options to be used by agency personnel in developing policy.
  • Services that involve or relate to the development of regulations.
  • Contractors providing support in preparing responses to Freedom of Information Act requests.
  • Contractors providing legal advice and interpretations of regulations and statutes to Government officials.

BE AWARE OF SUBTLE DISTINCTIONS

Consider the work you are doing. Do you:

  • Services that involve or relate to reorganization and planning activities.
  • Make the determination of Federal program priorities for budget requests OR perform services that involve or relate to budget preparation.
  • If you find you are being asked to perform inherently government functions, discuss this with your client and Kearsten. It is just as important that they understand this issue.
  • The consequences of violating this law are severe and include disbarment from contracting.
  • For further reference, see the FAR 2.101 and FAR 7.5.