7.500
Scope of subpart
FAR 7.500 ensures that inherently governmental functions remain the responsibility of government employees and are not outsourced to contractors.
Overview
FAR 7.500 establishes the scope for Subpart 7.5, which is focused on ensuring that inherently governmental functions are not outsourced to contractors. This section sets the foundation for the policies and procedures that follow, emphasizing the government's responsibility to retain control over functions that are so intimately related to the public interest that they must be performed by government employees. The section signals that the subpart will provide guidance to prevent the improper delegation of such functions to private entities.
Key Rules
- Prohibition on Contractor Performance of Inherently Governmental Functions
- Contractors must not be assigned tasks that are inherently governmental in nature; these must remain the responsibility of government personnel.
- Establishment of Policies and Procedures
- The subpart prescribes the necessary policies and procedures to identify and safeguard inherently governmental functions.
Responsibilities
- Contracting Officers: Must ensure that contracts do not assign inherently governmental functions to contractors and follow the prescribed policies and procedures.
- Contractors: Should be aware of the limitations on the types of work they can perform and avoid accepting inherently governmental responsibilities.
- Agencies: Must oversee contracting activities to ensure compliance with these requirements and maintain proper oversight of governmental functions.
Practical Implications
- This section exists to protect the public interest by ensuring that critical government decisions and actions are not delegated to private contractors.
- It impacts daily contracting by requiring careful review of contract scopes and statements of work.
- Common pitfalls include inadvertently assigning inherently governmental tasks to contractors or failing to properly distinguish between governmental and contractor responsibilities.