MY LETTER TO OMB ON GOVERNMENT CONTRACTS thru CREDO ACTION 15MAI10

I am very concerned about the outsourcing of government jobs to private contractors.  I think the proposed OFPP policy letter should reflect a definition of "inherently governmental" that specifically incorporates all "critical" and "closely associated with inherently governmental" functions, and should explicitly reject the notion that a federal agency should presume to outsource any function not reserved for federal employees. Too often these contractors are not only guilty of massive waste of government funds through fraud, abuse and corruption, they also do more harm than good through their actions for the government. Their actions most often do not have the best interest of the the agency they are contracted to and do not represent the true intentions of the American people and government.

I am especially, although not exclusively, concerned with the use of private security contracts.  As we have seen with the reliance on private military contractors in Afghanistan and Iraq, the performance of mission critical security functions by profit-driven contractors is at a minimum counterproductive and can be immoral and criminal.

OFPP, through its proposed policy letter, should add to its list of inherently governmental functions the following physical security activities: guard services, convoy security services, pass and identification services, plant protection services, the operation of prison or detention facilities, and any security operations that might reasonably require the use of deadly force.

Additionally, the proposed OFPP policy letter should specifically exclude contractors from performing the following: support of intelligence activities (including covert operations), interrogation, military and police training, and the repair and maintenance of weapon systems.

Given the resistance of contractors to effective oversight, and the costs and controversies associated with the contracting out of these functions, the government must in-source these services to provide the proper oversight and accountability.  Therefore, the list of "inherently governmental" functions ought to include these activities explicitly.

I furthermore urge that OFPP incorporate the new definition and compliance guidance into the Federal Acquisition Regulation.