Inherently Governmental Functions

Inherently Governmental Functions

Table of Contents

Abstract ………………………………………………………………………….….1

Definition of Inherently Governmental Functions..……………………....................1

Office of Management and Budget (OMB) guidance on functions considered IGF .........2-3

IGF Topic of Concern …….........................................................................................4

Conclusion …………………………………………………………………………..4

References ……………….………………………………………………………......5

Amy Starks, Page 1

Abstract

Inherently Governmental Functions (IGF) is not an unfamiliar issue; IGF has been a concern for decades. According to law and policy, IGF must be executed by government employees and shall not be contracted out because it is “intimately related to the public interest.” While it has been policy for government personnel to perform numerous activities because they are inherently governmental functions, in this paper IGF will be defined, touch on the Office of Management and Budget (OMB) guidance on functions considered IGF, and why the IGF topic is of concern.

Definition

After researching and reviewing numerous policies, articles, etc… it was found that Federal Acquisition Regulations (FAR) 2.101 defines inherently governmental functions as “as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. This definition is a policy determination, not a legal determination.”

Continuing with researching the definition of IGF, I found an article that defined IGF as it was prior to the final policy letter and after. According to Luckey (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...