In many fields, Government outsourcing has created nearly unavoidable potential for improper personal services, contractor performance of inherently governmental functions, or organizational conflicts of interests. Commingling of government and contractor personnel within the procurement office is not only a bad idea, it also violates the laws and regulations designed to ensure fairness and to protect sovereignty. Accordingly, the prohibition against personal services must receive renewed emphasis and enforcement. The ban is firmly grounded in constitutional structure of the nation, its laws, and sound policy judgments.
The phenomenon of placing service contractors in Government contracting offices exacerbates the problem. A vast swath of the federal government's acquisition offices lack the experience and expertise required to manage modern, technologically complex acquisitions. Agencies have been forced to look outward, to the private sector, to find personnel to perform many procurement functions, "including requirements-setting and contract management." To avoid running afoul of the Constitution, breaking the law, violating the regulations, or creating irreversibly negative effects on procurements, the Government should ensure that only government employees are assigned to the contracting office. By staying out of the procurement office, contractors also can avoid cumbersome monitoring and reporting requirements. The Federal Government must be empowered to fulfill the taxpayer's demands without diluting the democratic principles or sovereignty of the nation.
|Advisor:||Schooner, Steven L.|
|School:||The George Washington University|
|School Location:||United States -- District of Columbia|
|Source:||MAI 51/01M(E), Masters Abstracts International|
|Subjects:||Law, Public administration, Public policy|
|Keywords:||Federal acquisition regulation, Government contracts, Personal services, Procurement|
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