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Circular A-76 and the Moratorium on DOD Competitions: Background and Issues for Congress
Valerie Bailey Grasso (au)
OMB Circular A-76 (A-76) is a federal policy that affects executive branch agencies. OMB Circular A-76 and its definition of inherently governmental functions applies to all executive departments named in 5 U.S.C. Section 101 and all independent establishments as defined in 5 U.S.C. Section 104. There are no exemptions. A-76, which is a policy but does not have the force of law, outlines a formal, complex, and often lengthy process for managing public-private competitions to perform functions for the federal government. A-76 states that, whenever possible, and to achieve greater efficiency and productivity, the federal government should conduct competitions between public agencies and the private sector to determine who should perform the work. A-76 requires federal executive agencies to annually prepare lists of activities considered both commercial and inherently governmental activities. In general, commercial activities are subject to competition, while inherently governmental activities are not. A-76 competitions compete functions or activities, not positions. Contents of this report: Background on OMB Circular A-76; The Current Moratorium On the Conduct of A-76 Competitions; Congressionally-Mandated Reports on DODäó»s Conduct of A-76 Competitions; Issues for Congress; Summary of Selected A-76 Legislation Enacted; Summary of Selected A-76 Legislative Proposals; Appendix. Tables. This is a print on demand report.
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