UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 NOV 15 MEMORANDUM SUBJECT: Headquarters Support Contract OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE OERR Directive 9242.6-05 IKW: TO: Henry L. Longest II, Director y- Of f ice of Emergency and Remedial OERR Division Directors Branch Chiefs Section Chiefs The Superfund program has come under increasing scrutiny in recent months, as evidenced by the 90-Day Study and recent Congressional Hearings. We have developed the attached document outlining some of the major aspects of current policies and procedures concerning the Headquarters management support contracts. This document addresses two areas: 1) perceptions that may weaken public confidence in the Superfund program and its use of these contracts, and 2) procedures designed to strengthen controls and effectiveness in the management of the contracts. It is not all inclusive but provides information to be applied to OERR work assignments. I urge all of you to become familiar with this document and to ensure that all OERR Work Assignment Managers are given a copy. Attachment oc: OIW Project Officers OERR Work Assignment Managers Pruned on RttyctufPaptr ------- ------- Contract Management Introduction Over the course of the past year, management support contracts that assist policy analysis and program management functions in Superfund have cone under increasing public and Congressional criticism and scrutiny. Among the areas of particular concern to external critics have been the following issues: o Are contractors being used appropriately to support management functions of the Superfund program? Are contractors performing inherently governmental functions (defined primarily as making program and policy decisions)? o Does Superfund management of these support contractors ensure efficient use of government resources? o Are support contractors who are also response action contractors (RACs) inappropriately influencing policy decisions that nay affect the manner in which they do business, thereby increasing their profits? Management of these support contractors to ensure efficient use of resources has been of concern to OERR for some time. We also recognize that while several of the issues raised by outside critics may be issues more of perception than reality, these perceptions may undercut public confidence in the Superfund program and therefore must be addressed. The following document summarizes a variety of contract management initiatives that have been undertaken to improve management of the headquarters support contracts, and to ensure that both real and perceived issues of contracts management are addressed. Most of the procedures outlined below have been in place since the beginning of FY 1989, and are summarized below for easy reference. Additional procedures are under development to implement the "90- Day Study" recommendations regarding conflict of interest. These will be added when that work is completed. Overview During the course of FY 1986-87, a special assistant to the Director of the Office of Emergency and Remedial Response (OERR} undertook an analysis of contracts management practices in the office, particularly as they related to management support contracts. A variety of work assignments and contractor products were analyzed and interviews were conducted to answer questions concerning who is running the program.. .us or the contractors..., and whether existing management practices need improvement. While no serious problems were identified, it was concluded that a variety of additional initiatives would be necessary to improve management of the contracts. These initiatives include: ------- o Development and implementation of a mandatory course to train work assignment managers on the management of contractors, with a special emphasis on roles and responsibilities; : o Development of a contracts operating plan for each Division that requires Division Director sign off concerning whether certain activities are suitable for contracting; and o Initiation of trimester performanoe reviews, followed by formal meetings between EPA management and contractor management, to review and resolve problems. This document is a quick reference guide for OERR employees who are planning to use or who are responsible for work assignments under the Supex headquarters management support contracts. It is designed to acquaint the reader with key contract management practices in OERR. An appendix to this document contains a brief description of the five major management support contracts under the Superfund program, as well as forms associated with various aspects of contracting procedures. This document does not address the whole range of contract management procedures, but rather the special OERR initiatives designed to facilitate a stronger contracts management program. The OERR Work Assignment Manager Guidebook addresses a variety of key points in work assignment planning, preparation, management, oversight and evaluation. fund Key Plavers in the Contract Management Process in OERR The principle people involved in the management of a contract work assignment are the: Work Assignment Manager - has overall responsibility for the project. Branch Chief - approves establishment of work assignments and any subsequent amendments. Division Director - approves the Contract Operating Plan, the designation of the Work Assignment Manager, and, for the OHMSETT contract, work assignments and related actions. Division Financial Coordinator - maintains division budget controls and signs work assignments indicating that funds are available. Project Officer - has overall responsibility for management of the contract, approving all work assignments, amendments, and payments, and deals with issues affecting the contract as a whole. Contracting Officer - the person in the Procurement and Contracts Management Division whose authorization is required for all actions. ------- Contract Operating Plan A fundamental aspect of the OERR contract management system is the Contract Operating Plan, which is incorporated into the OERR Operating Plan. The Contract Operating Plan is used to identify areas suitable for contracting, to ensure that senior management (Division Directors and Office Directors) agree, to balance utilization of contract hours and dollars across contracts, and to balance projected budgetary needs across divisions. According to the Contract Operating Plan, each division and branch begins the fiscal year with a specific budget for each contract. During the branch/division planning process, and more precisely when the overall OERR and division budgets are determined, the specific areas that will need contract support are identified by workplan item and/or by task. Accordingly, the division Contract Operating Plan is broken up by branch, by task within the branch, and by desired contract mechanism. The Program Development and Budgeting Staff (FOBS) in ORS will review preliminary plans and work with the divisions to ensure an equitable allocation across divisions and across contracts. Divisions will be given final budget targets and will submit revised final contract operating plans to 0PM. The plans will be the basis of funding work assignments throughout the year. If a work assignment is submitted that is not on the contract operating plan, the work assignment must be initialed by the Division Director, and modifications to the operating plan submitted with the new work assignment. For the management, technical and analytical support contracts, the actual procurement requests for incremental funding of the contracts are provided to POMD by the Project Officers of the contracts, but the funding for each work assignment is deducted from the amount allocated to each branch and division in the budget for the contract. Within the limits of the division budget ceiling, each division has authority to transfer funding from one cunt-tact to another, or through the amendment process, fr*"**1 one work assignment to another. Any non-OERR work assignments are funded by separate procurement requests from the offices responsible for the work assignment. Ihe OHMSEIT contract is entirely funded by specific procurement requests for the work assignments. Contract operating plans are prepared within the limits of the contracts with Division Director approval. Concepts for work are turned into work assignments by the division staff. Writing Statements of Work It is advisable for a Work Assignment Manager to discuss a proposed work assignment with the Project Officer to determine the appropriateness of the project to the contract Statement of Work and for guidance on the information and approvals required. Only work specifically provided for in the contract may be assigned to the contractor. Any work that could be identified as "personal services" is forbidden. ------- A typical statement of work includes; Background information and purpose of the work assignment; An outline of the actual tasks involved in the project; * A schedule of deliverables; The estimated number of hours the project will require; The period of performance anticipated for the project; and - An estimate of funds to be dedicated to this work assignment from the division budget. NOTE: The budget estimate is not included in the document sent to the contractor but must be planned. Ihe signature of the Division Director and the Division Financial Coordinator indicate that estimated funds are available. Reminder: All work assignments should be part of the division operating plan. Sloppily written work assignments often lead to misperceptions of the relationship of contractors and EPA staff in conducting their roles and responsibilities. There are certain inherently governmental functions that contractor staff is not allowed to perform (see attached definition of inherently governmental functions) . Key among these is the decision-making or policy-making function. Although internal analysis suggests that there are few issues in the actual operations of work assignments, broadly written work assignments often fail to adequately distinguish between the government's role and the contractor's role. Statements of Work should be clearly drafted to explain to the contractor, to EPA staff, and to any external reviewers of EPA's use of contracts, what the contractor is expected to do, and the role and timing of EPA in reviewing that work and in making decisions. Some examples of key phrases to use in writing a Statement of Work include: compile policy decisions by the Agency into draft documents (or regulations) , assist the agency in identifying options, under the direction of, research and analyze data for the purpose of facilitating agency evaluation. Types of phrases that should not be used are: options or policy, write guidance or regulations, develop a strategic approach, evaluate, etc.. Training Requiren^ents for Work Assignment Managers The Procurement and Contracts Management Division requires that all personnel designated as Work Assignment Managers have the requisite training before undertaking the responsibility. If the required POMD Contract Administration course is not available, a temporary waiver is necessary until the training can be completed. The prospective Work Assignment Manager indicates training and contract experience on the Designation of Work Assignment Manager form, which is signed by the Division Director and sent through the Project Officer to the Contracting Officer. Requirements for Work ------- Assignment Managers are provided in the PCMD contract Management Manual and are discussed in depth in the Work Assignment Manager training course and associated guides > As part of OERR's contract management program, OERR has developed a specialized training course aimed at the needs of Work Assignment Managers. Ihis course addresses management of contractor resources and a variety of project management roles and responsibilities such as developing work assignments, monitoring work, ethical responsibilities, giving feedback to contractors, evaluating work, etc. Completion of this course is mandatory for all OERR Work Assignment Managers. The Work Assignment Manager course has been given to all current OERR Work Assignment Managers. As new employees enter OERR, they will be scheduled for attendance at a course. No OERR enployee can be a Work Assignment Manager for more than six months without this course unless a waiver has been granted by the Office Director. Application for a waiver should be submitted to the Director of the Office of Program Management. Work Assignment Evaluation Project management is an on-going part of the Work Assignment Manager's responsibilities. OERR has implemented a formal evaluation of all work assignments every trimester. The purpose of this evaluation is to identify specific problems with contractor performance, and any systemic problems that should be brought to management attention. Appendix II includes the basic evaluation form. Work Assignment Managers are encouraged to include remarks necessary to fully explain problems (or successes) encountered in working with the specific contractor. The paragraphs below describe the specific process used for these contracts. For the Headquarters management support, technical support and analytical support contracts, a schedule is set up at the beginning of the fiscal year for the trimester evaluations. Before each due date, evaluation forms are sent to the Work Assignment Managers by the Project Officer. Responses are analyzed and a summary is provided to the contractor. The evaluation concludes with a meeting of OERR and contractor management to dj»?*gg progress and any issues. Problems will have been dealt with long before this evaluation meeting through the efforts of the Work Assignment Manager, the Project Officer and contractor staff, but the management review provides for an effective overview of progress. Strong points are noted and ideas are developed for strengthening weaker areas. OHMSETT management support contract is evaluated semi-annually. Work Assignment Managers evaluate their work assignments and designated officials review all evaluations to determine award fees. Ihe evaluation team consists of the following: Fee Determination Official, Performance Evaluation Board, Evaluation Coordinator, PER Executive Secretary, and Performance Monitors. ------- Conclusion In conclusion, it is worthwhile to re-emphasize the importance of the role of the Work Assignment Manager. The Work Assignment Manager has major responsibility for the work assignment. Its success involves the coordinated efforts of the program officer, the Work Assignment Manager, the Project Officer, and the contractor, but the Work Assignment Manager is in the lead. Appendix I Summary of the five Management Support contracts Appendix II Copies of the Evaluation Forms, Cover Sheets Appendix III Definition of "Inherently Governmental Function" ------- Appendix I Headquarters Management Support Contracts Booz. Allen & Hamilton. Inc. £68-01-73761 She Booz, Allen & Hamilton contract is designed to provide management and technical services to support EPA in the areas of planning, management, implementation, and evaluation of the Superfund program. It is a oost- reimbursable-f ixed-f ee contract managed by OEM and provides contractor support to the various Divisions of OERR. Procurement requests for incremental funding of the contract are submitted to PCMD periodically to cover work assignments. Seme of the specific areas of activity are: compilation and analysis of data, assistance in the preparation of briefings and abstracts to support presentations made by EPA staff, assessments and surveys of workforce and training needs, information management support, and evaluation of existing policies and procedures in terms of function and effectiveness. Contractor performance evaluations are conducted on a trimester basis. Contract Expiration Date: 8/31/90 ICF. Inc. f68-01-7389) 3he ICF contract is designed to provide support in planning, managing, implementing and evaluating Superfund's policies and program in some of the following areas: amendments to CERCIA; legislative analysis; RCRA/CERdA and other cross-program issues; NCP and other CERCIA and Clean Water Act regulation developments; response policy issues; CERCIA camiunity relations program; State programmatic issues; interagency coordination and policy support; economic impacts; and technological and health effects issues. It is a cost- reijiibursable-fixed-fee contract. Procurement requests for incremental funding of the contract are submitted to PCMD periodically for work assignments. ICF will conduct research, prepare reports, analyze issues, prepare briefing materials, develop training and workshop materials and conduct the training/workshop sessions, and assist in the analysis and response to comments on notices in the Federal Register. Contractor performance evaluations are conducted on a trimester basis. Contract Expiration Date: 4/14/91 ------- -2- CH2M Hill (68-W8-0098) Hie CH2M Hill contract is designed to provide technical support and recommendations to EPA. Some of the areas of activity are: development of integrated methodologies for the selection of technical options; technical assistance to OSWER offices and EPA Regions; assistance in coordinating with other EPA offices and federal and State agencies; general technical develop- ment and case studies; issue papers, technical assessments and analysis ing EPA's ground water strategy; ROW/CTJOA interface; site identification; interagency agreements; remedy selection criteria; and design and construction support. It is a cost-reimbursable-fixed-fee contract. Procurement requests for incremental funding of the contract are submitted periodically to PCMD to cover work assignments. Contractor performance evaluations are conducted on a trimester basis. . Contract Expiration Date: 6/30/91 OHM5ETT f68-03-3450) ' The OHMSETT contract offers a range of technical and managerial services to the program offices within EPA which address hazardous and solid waste and the release of oil and hazardous materials to the environment. OHMSETT encompasses the following four broad areas of technical activity: testing and evaluation of new technologies for remedial actions at hazardous waste sites, studies and evaluation under the Air Toxic Release Program, program management assistance for the OSWER hazardous and solid waste programs, and studies related to the release of oil and hazardous materials. The OHMSETT contract is a cost-plus-award-fee contract managed by the Project Officer through Cincinnati's Procurement and Contracts Management Division. Funding is provided through a separate procurement request for each work assignment. This contract is evaluated semi-annually. Work Assignment Managers evaluate their work assignments, and designated officials review all evaluations to determine award fees. The evaluation team consists of the following: Fee Determination Official, Performance Evaluation Board, Evaluation Coordinator, PER Executive Secretary, and Performance Monitors. Contract Expiration Date: 9/30/91 Kendrick & Company 8a Contract f68-W8-01191 The Kendrick & Company contract provides various types of administrative support. The contract consists of two categories of work: level of effort- cost reimbursable tasks ordered through Task Instruction Document A (TID-A), and fixed rate tasks ordered through Task Instruction Document B (TID-B). ------- -3- The level of effort tasks include such services as logistical arrangements and support for conferences and meetings; graphics and art work; preparing materials for nailing or distribution; and data input and support to CERR databases. These tasks require the approval of the Contracting officer. The fixed rate tasks include typing, editing, proofreading, and photocopying. These tasks are approved by the Project Officer. Procurement requests for incremental funding of the contract are submitted to PCMD periodically, so that there is always adequate funding to cover all tasks. Contract Expiration Date: 9/30/91 ------- CONTRACT NUMBER: 68-01-7376 CONTRACTOR: Booz, Allen & Hamilton, 4330 East West Highway/ Bethesda, MD 20814 WORK ASSIGNMENT NO. AMENDMENT NO. WORK ASSIGNMENT TITLE: PURPOSE: COMMENT: ./ / New work Assignment' fj Work Assignment Amendment f~7 Work Plan Approval LEVEL OF EFrORT (LOE) AUTHORIZED: Previous Hours: This Action: Total: Previous Dollars: This Action: Total: PERIOD OF PERFORMANCE: Fran: To: •Effective date of this action is Contracting Officer's signature date unless otherwise specified. (Signature) (Date) (Mail Code) (Phone t) Work Assignment Manager Division Director Division Financial Coordinator (funds are available from Division allocation) OS-240 475-9747 Project Officer, Frances J. Hanavan Date PM214F 382-X-10 i Contracting Officer, Calvin McWhirter Date CONTRACTOR'S ACCEPTANCE Signature: Title: Date: Vice President ------- CONTRACT NUMBER: 68-01-7389 CONTRACTOR: ICF, Inc. 9300 Lee Highway Fairfax, VA 22031-1207 WORK ASSIGNMENT NO. Amendment No. PURPOSE: Initiate New Work Assignment Work Plan Approval Disapprove Work Plan Statement of Work Amendment Work Plan Revision ( SOW LOE) Extend Completion Date to Closeout other Comment: WORK ASSIGNMENT TITLE LEVEL OF EFFORT (LOE) AUTHORIZED: Previous Hours This Action Total Dollars PERIOD OF PERFORMANCE: From: To: Effective date of this action is Contracting Officer's signature date unless otherwise specified. APPROVALS (Signature) (Date) (Mail Code) (Phone #) Work Assignment Manager Branch/Division Approval (Funds are available from Division Allocation) Project Officer, Nancy 0. Livingstone Contracting Officer, Calvin McWhirter OS-240 PM-214F 475-9339 382-3201 Signature: Title: CONTRACTOR,S Date: ------- CONTRACT NUMBER: 68-W8-0098 CONTRACTOR: CH2M Hill 628 Herndon Parkway Herndon, VA 22070 WORK ASSIGNMENT NO. Amendment No. • • - ? PURPOSE: Initiate New Work Assignment Work Plan Approval Disapprove Work Plan Statement of Work Amendment Work Plan- Revision ( SOW LOE) Extend Completion Date to Closeout Other ; Comment: WORK ASSIGNMENT TITLE LEVEL OF EFFORT (LOE) AUTHORIZED: Previous Hours This Action Total Dollars PERIOD OF PERFORMANCE: From: To: Effective date of this action is Contracting Officer's signature date unless otherwise specified. APPROVALS (Signature) (Date) (Mail Code) Work Assignment Manager (Phone #) Branch/Division Approval (Funds are available from Division Allocation) Project Officer, Nancy o. Livingstone Contracting Officer, Margaret Milligan OS-240 PM-214F 475-9339 475-8948 Signature: Title: CONTRACTOR'S ACCEPTANCE Date: ------- CONTRACT NO.: 68-03-3450 CONTRACTOR: ROY F HESTOfC WORK ASSIGNMENT NO. AMENDMENT NO.: ACCOUNT NO.: OCN : PROGRAM AREA/ACTIVITY: J A WORK ASSIGNMENT REQUEST TITLE: BRIEF DESCRIPTION AND PURPOSE: DELIVERABLES AND DUE DATES: SCOPE OF WORK REFERENCE (page and paragraph): LEVEL OF EFFORT: COST ESTIMATE: _ COMPLETION DATE: EFFECTIVE DATE: Date of contracting officer's signature WORK ASSIGNMENT MANAGER: Name: Phone: Mail Code: APPROVALS Dae DIVISION DIRECTOR: Name: Phone: Mail Code: Dele PROJECT OFFICER: Name: Michael J. Cullen Phone: 382-2131 Mail Code: 05-240 CONTRACTING OFFICER: Name: Phone: FTS 634-7739 Mail Code: Contracts Management Division Date ------- CONTRACT NO.: CONTRACTOR: RQY WORK ASSIGNMENT NO. AMENDMENT NO.: ACCOUNT NO.: OCN : PROGRAM AREA/ACTIVITY: WORK PLAN APPROVAL WORK PLAN APPROVED HOURS: WORK PLAN APPROVED AMOUNT: WORK PLAN APPROVED, CONDITIONAL: BRIEF DESCRIPTION OF CONDITIONAL APPROVAL EFFECTIVE DATI: 0«tt of contracting offlc*r» signatur* APPROVALS WORK ASSIGNMENT MANAGER: Nam*: Phon*: M«ilCodt: DIVISION DIRECTOR: Nam*: Phon*: Mail Cod*: PROJECT OFRCet Name: Michael J. Cullen Phont: Mall Cod*: 05-240 CONTRACTING OFFICER: Nam*: Phon«: FT^ Mail Coda: Contracts Management Division ------- KEMCQ 68-^8-0119 ! TASK INSTRUCTION j Name of Task 1 | Oriainal 1 DOCUMENT A Modification J TID t A- Date L Account & Appropriation Data: Level of Effort: Period of Performance: Task Description: Deliverables: Contact: REQUESTS AND APPROVALS: Division Contact and Phone Division Approval Availablity of Funds Project Officer Contracting Officer Date of Request Date of Approval Date of Approval Date of Approval CONTRACTOR ACCEPTANCE ESTIMATED COST: Signature Date of Acceptance EVAUATION OF DELIVERABLE(S): Work completed by stated due date? Work met quality/quantity objectives? Received Project Officer: Yes Received by: No Accepted: Comments: Date Accepted with Exception: Div. Contact & Date _ Rejected: ------- KENCO 68-W8-0119 | TASK INSTRUCTION DOCUMENT B Name of Task Original Modification TID # B- Date Account & Appropriation Data: CHOOOe 9TFA72C70Q Priority Code: Task Description: OeliveraJbles: REQUESTS AND APPROVALS: Division Contact and Phone Division Approval Availablity of Funds Project Officer Date of Request Date of Appro Date of Approval CONTRACTOR ACCEPTANCE Date and Time In ESTIMATED COST: Date and Time Out Signature Date of Acceptance EVAUATION OF DELIVERABLE{S): Work completed by stated due date? Work met quality/quantity objectives? Received Project Officer: Yes Received t»y: NO Accepted: Comments: Date Accepted with Exception: Div. Contact & Date Rejected: ------- &EPA Designation and Appointment of Project Officer/ Work Assignment Manager/Delivery Order Officer (For Other Than Small Purchases) Note: This form is not a Contracting Officer warrant. Delivery Order Officers and Administrative Delivery Order Officers require a warrant of Contracting Officer authority. Any request for a Delivery Order Officer warrant must be accompanied by the additional information required in Chapter 8 of the Contracts Manage- ment Manual. 1» Name of Nominee b. Title c. Organization d. Mail Code e. Telephone f. Years of Contract Experience 2. The nomination is for; D Project Officer LJ Work Assignment Manager LJ Delivery Order Officer LJ Administrative Delivery Order Officer LJ Delivery Order Project Officer 3. The Nominee Has: a. Completed the basic Project Officer Course b. Completed the Contract Administration Course c. Incorporated appropriate contract management criteria tn position description and performance standard. (If criteria have not keen incorporated. they must be incorporated within 30 days of appointment.) d. If the nominee has not completed the basic Pro- ject Officer Course or the Contract Adminis- tration Course, has a waiver or interim certification been provided If the answer to items a. b. or c is "No." or the answer to item d is "No." attach an explanation) B D D a D D D 4. Estimated Dollar Amount of Contract, Work Assignment, or Delivery Order 5 Nomination is for (Check one/ LJ a new contract, work assignment, or delivery order entitled D a change in the Project Officer. Work Assignment Manager, or Delivery Order Officer on Contract No. (if applicable, the work assignment no /delivery order no is Certification The undersigned nominee and requesting official certify that the designation of this nominee complies with the workload limitations and other requirements set forth in Chapter 7 of the Contracts Management Manual. 63 Signature of Nominee b. Date 7a Signature of Requesting Official (Division Director or Higher) b Name and Title c. Date Ba Signature of Approval Official (Contracts Organnationl b Name and Title c. Date EPA Form 1900-65 (6-85) ------- OERR CONTRACTOR EVALUATION Contractor: Contract Number: Work Assigrment Number and Title: Work Assigrment Manager: Project Officer: Ratings: 4 Excellent 3 Very Good 2 Average 1 Poor 0 Unsatisfactory I TECHNICAL PERFORMANCE Criteria; Level of creative contribution Effective application of relevant statutes/regulations/guidelines Resourcefulness Adherence to scope of work Effectiveness of project planning Overall Rating for Technical Performance; Narrative Evaluation: Period Covered; Ratings; (Circle one per criterion.) 3 3 3 3 3 2 2 2 2 2 1 1 1 1 1 0 0 0 0 0 II PERSONNEL ASSIGNED Criteria: Ratings; Technical competence appropriate to project 4 Comitment to the project 4 Effective interaction, responsiveness 4 Appropriate mix of professional levels 4 Overall rating for Personnel Assigned; 4 Narrative evaluation: 3 3 3 3 2 2 2 2 1 1 1 1 0 0 0 0 ------- Ill DELIVERABLES/REPORTING Criteria: Ratings; Quality of product, thoroughness, adequate technical detail Minimal corrections/revisions required Quality assurance by Contractor Adherence to schedule Overall Rating for Deliverables/Reporting; Narrative Evaluation: 4 4 4 3 3 3 2 2 2 1 1 1 0 0 0 IV BUDGET Criteria: Cost effectiveness Efforts to keep within budget Early notification of potential overruns Overall Rating for Budget; Narrative Evaluation: Ratings; 4 4 4 3 3 3 2 2 2 1 1 1 0 0 0 V OVERALL RATING FOR WORK ASSIGNMENT 43210 Although this evaluation involves numerical ratings, the overall rating for the work assignment need not be a strictly mathematical average. In considering the work assignment as a whole, more weight should be given to areas I and III, Technical Performance and Quality of Deliverables. VI ------- CPAF CONTRACT INDIVIDUAL PERFORMANCE EVENT CONTRACT NO, CONTRACTOR TASK ORDER NO REPORTING ELEMENT DATEU) OF REPORTED EVENT PERFORMANCE EVALUATION CATEGORY WAI CONTRACTOR NOTIFIED! CD »E» D MO •» WHOMT WMKNT DESCRIPTION OF PERFORMANCE EVENT 0. OR - 'SIGNATURE OF MONITOR DATE COORDINATOR'S ASSESSMENT ». 0, OR - SIGNATURE Of COODINATOR 6PA Pwrn 1900-41B (R.v. 6.79) PREVIOUS EDITION MAY BE. USED ------- Appendix III "Inherently Governmental The following extract from a paper entitled "Legal Guidance on the Prohibition of Contracting for Inherently Governmental Functions" by A. G. Beyer, OGC/RTP, 1/5/89, discusses the meaning of inherently governmental functions. Definition of "Inherently Governmental Funp^ion1* The Office of Management and Budget (OHB) has issued its OMB Circular A-76 which establishes a Federal policy of relying on commercially available sources to provide commercial products and services. Associated with this policy is a requirement that Federal agencies retain governmental functions in-house: Paragraph 5.b. Retain Governmental Functions In- house. Certain functions are inherently Governmental in nature, being so intimately related to the public interest as to mandate performance only by Federal employees. These functions are not in competition with the commercial sector. Therefore, these functions shall be performed by Federal employees. OMB Circular No. A-76 also provides the following definition: Paragraph 6.e. A Governmental function is a function which is so intimately related to the public interest as to mandate performance by Government employees. These functions include those activities which require either the exercise of discretion in applying Government authority or the use of value judgment in making decisions for the Government. Services or products in support of Government functions... are commercial activities and are normally subject to this circular. Governmental functions normally fall into two categories: (1) The act of governing: i.e., the discretionary exercise of Governmental authority. Examples include ... management of Government programs requiring value judgments as in ... [the] selection of program priorities; direction of Federal employees;.... (2) Monetary transactions and entitlements, such as tax collection and revenue disbursements, control of the treasury accounts and money supply; and the administration of public trusts. (Emphasis supplied.) OMB Circular No A-76 dated August 4, 1983. ------- ------- |