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B-237356 1 (1989-12-29)

handle is hein.gao/gaobablff0001 and id is 1 raw text is: C. Comptroller General of the United 9tates Wabingwn, D.C. 204 B-237356 -f*f* ct.S b'9 December 29, 1989 The Honorable David Pryor Chairman, Federal Services, Post Office and Civil Service Subcommittee Committee on Governmental Affairs United States Senate Dear Mr. Chairman: This responds to your letter dated September 29, 1989, requesting our opinion on whether the Department of Energy (DOE) and the Environmental Protection Agency (EPA) are usina contractors to perform inherently governmental functions. You have provided our Office with three instances of work performed by contractors for these two federal agencies: a DOE contract for hearingiexaminers to review the granting or denial of security clearances, a DOE contract for the preparation of testimony and other materials for congressional hearings, and an EPA contract t run a Superfund Hotline to respond to telephone inquiries In connection with our review, we requested and received comments from DOE, EPA,'and the Office of Manacement and Budget (OMB) on these contracts. For the reasons set forth below, we cortlude that the contracts by'DOE for hearing examiners and for the prepara- tion of testimony involve inherently governmental functions which should be performed by federal employees. We recommend that the agencies modify or terminate these contracts to ensure that these inherently governmental functions are not performed by contractors. In addition, w conclude that, to the extent the EPA contractor interprets agency regulations in responding to Superfund Hotline inquiries, such actions are also inherently governmental functions. We recommend that EPA review this contract and its performance, and if necessary modify the contract, to assure that the contractor does not interpret agency regulations. BACKGROUND The federal policy for the contracting out of commercial activities by federal agencies and for the use of advisory

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