Common use of INHERENTLY GOVERNMENT FUNCTIONS Clause in Contracts

INHERENTLY GOVERNMENT FUNCTIONS. In its performance of a contract or task order, the Contractor must not perform any inherently governmental functions, as identified in the Office of Federal Procurement Policy Letter 11-01. These functions are so intimately related to the public interest as to require performance by Government employees. The term includes functions that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. This would include, among other things, binding the Government to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise, and exerting ultimate control over the acquisition, use, or disposition of the property of the United States, including the collection, control, or disbursement of appropriations and other federal funds.

INHERENTLY GOVERNMENT FUNCTIONS. ‌ In its performance of a contract or task order, the Contractor must not perform any inherently governmental functions, as identified in the Office of Federal Procurement Policy Letter 11-01. These functions are so intimately related to the public interest as to require performance by Government employees. The term includes functions that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. This would include, among other things, binding the Government to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise, and exerting ultimate control over the acquisition, use, or disposition of the property of the United States, including the collection, control, or disbursement of appropriations and other federal funds.