Outsourcing Guidelines Give Agencies Wiggle Room

Law360, New York (September 12, 2011, 8:27 PM EDT) -- Long-awaited federal policy guidance issued Monday clarified some “inherently governmental” tasks that should not be outsourced to contractors — including budget management and combat — but the government's flexible, discretionary approach may keep contractors guessing until individual agencies decide how to implement the new policy, attorneys say.

The policy letter, written by Dan Gordon, head of the Office of Federal Procurement Policy, allows agencies a lot of leeway in deciding whether contracted work is considered inherently governmental, closely associated with inherently governmental tasks or critical to...
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