§4508 Contractor performance of acquisition functions closely associated with inherently governmental functions

Summary

Agency heads may hire contractors to do acquisition work that is closely tied to inherently governmental duties only if three things are true. First, suitable Department of Defense (DoD) military or civilian staff cannot reasonably be made available. Second, DoD staff will supervise the contractor and perform all related inherently governmental functions. Third, the agency must address any organizational conflict of interest under subpart 9.5 of part 9 of the Federal Acquisition Regulation and act in the Department of Defense’s best interests. Terms: "head of an agency" excludes the Secretary of Homeland Security and the Administrator of the National Oceanic and Atmospheric Administration. "Inherently governmental functions" means the term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. "Functions closely associated with inherently governmental functions" means the functions in section 7.503(d) of the Federal Acquisition Regulation. "Organizational conflict of interest" means the term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.