Fighting Over the Definition of Inherently Governmental

The Obama administration released a draft definition of "inherently governmental" today, a hotly awaited regulation by unions and contractors alike. But as Elizabeth Newell and Rob Brodsky explained yesterday, this is really just the starting point of a debate over the final rule:

Daniel Gordon, administrator of OMB's Office of Federal Procurement Policy, said the guidance will address three categories of work: inherently governmental, closely associated with inherently governmental and critical functions. He said comments on the draft will be seriously considered.

"Agencies need detailed guidance from us," he said. "But this is not cast in stone in terms of being final. This will be a draft for public comment. We expect a lot of public comment, and we will give substantial weight obviously to every comment. But then we need to move promptly. Agencies are anxious to get guidance from OFPP and OMB."

The very first story I reported for Government Executive, on air traffic controller staffing at the Federal Aviation Administration, was colored by this debate, as have been many others. It lies at the heart of both the personnel and the contracting beats here. You can bet the suggestions will come thick and furious. And it'll be interesting to see whose advice the Obama administration takes.