In recently passing a bipartisan amendment to a Defense
Department spending bill, the Senate effectively drew a new
line in the debate over what is an “inherently governmental
function”–and thus, one that shouldn’t be subject to
contracting-out. The amendment to S-2400 restricts the
situations in which a contract can be overseen by another
contractor and creates a presumption that in-house employees
should do that work.
The amendment arose in part because of concerns about certain
contracts for Iraqi rebuilding, in which contractors were
responsible for keeping an eye on other contractors. The
language states that oversight is a government
responsibility, bars renewing existing oversight contracts
and bars the Pentagon from issuing new ones. “It seems to me
we have to get the oversight back where it belongs, and that
is in the hands of the Department of Defense and not in the
hands of private contractors, Sen. Ron Wyden, D-Ore., said
during the debate. “Oversight is inherently a governmental
function because accountability must be first and foremost
to taxpayers.”
Said Sen. Byron Dorgan, D-N.D., “I happen to think oversight
is a responsibility of the government, of the federal agency
that is going to spend the money. It is their responsibility
to provide oversight, not someone else’s responsibility.”
Sen. Carl Levin, D-Mich., noted that over the past several
years there have been reductions in the Defense Department
acquisition workforce and that the Senate earlier passed a
separate amendment to increase that workforce by 15 percent
over three years. Both amendments will be subject to a
conference with the House.
