OFPP Keeps Classic Definition of Fed-Only Work
September 9, 2011
The Obama administration chose to follow the definition of an inherently governmental function as described already in the law without broadening it.
An inherently governmental function is "a function that is so intimately related to the public interest as to require performance by federal government employees," according to a final rule from the Office of Federal Procurement Policy (OFPP). The final rule is expected to be in the Sept. 12 issue of the Federal Register.
The OFPP is using a definition from the 1998 Federal Activities Inventory Reform Act.
The OFPP has ruled that the term includes duties that require either exercising discretion in applying the government's authority or making value judgments in decisions for the government, including monetary transactions, such as acquisitions and entitlements. An inherently governmental function also involves interpreting laws.