Omb circular a 76 is the current guide used for outsourcing at the federal level in the united states. A 76 revised supplemental handbook introduction the august 1983 office of management and budget omb circular no. In accordance with the fair act, circular a 76 and this handbook, each agency must submit to omb, by june 30 of each year, a detailed commercial activities inventory of all commercial activities performed by inhouse employees, including, at a minimum, the following. The department of defense continues to be statutorily prohibited from converting any work currently performed, or designated for.
Agencies maintain this file regardless of the source selected to perform the activity. Supplemental handbook to omb circular a76 the white house. The attached useful life and disposal values are estimated by the defense logistics agency. Circular a 76, performance of commercial activities. Department of energy omb circular a 76 revision comments while the draft circular is certainly more succinct than previous versions, and the consolidation of all a 76 processesprocedures into a single source document facilitates execution of the program, the revised circular is complex and may be difficult to understand. The civilian agency acquisition council and the defense acquisition regulations council councils have agreed on a final rule amending the federal acquisition regulation far to provide language that is consistent with omb circular a 76 revised, performance of commercial activities, dated may. Federal government, taking advantage of its taxfree, nonprofit status, competes. The acquisition of commercialtype services by government or contractor operation guidance for which is omb circular no.
The disposal value factor, as a percent of acquisition cost, is based upon the rate of return. These comments have been cleared by the procurement executive and the assistant secretary for administration. A 76 establishes the policies and procedures for identifying commercial activities and determining whether these activities should be provided by a private sector provider through a contract, by government personnel, or by another federal agency through a feeforservice agreement. Mastates and local ny jurisdictions have adopted similar guidance.
Basic considerations to be allowable, costs must meet the following general criteria. The circular was previously revised in 1967, 1979, and 1983. Omb circular a 76 is a federal executive branch policy for managing publicprivate competitions to perform functions for the federal government. Savings and greater effectiveness frederico bartels no. A76 revised supplemental handbook introduction this supplement is divided into two parts with a table of contents at the beginning of each part as follows. The proposed revision to omb circular a76 ignores the reasons for and value of public employee performance of federal activities. Epa inventory of commercial and inherently governmental. The final revision of omb circular a 76 is being released today, moving the arduous process under which federal employees compete with the private sector for government work closer to the bestvalue methods laid out in the federal acquisition regulations for other procurements. Uniform administrative requirements for grants and other agreements with institutions of higher education, hospitals and other nonprofit organizations, dated 111993, further amended 093099. Omb circular a3, audits of states, local governments, and nonprofit. For these reasons we urge omb to reinstate the current circular s tenandunder exemption. The resources required to implement the new provisions of the proposed omb circular a 76 are significant. Specifically, omb circular a126 addresses the acquisition, management, usage, cost accounting, and disposal of government aircraft.
A76revised supplemental handbook introduction this supplement is divided into two parts with a table of contents at the beginning of each part as follows. This appendix provides joint guidance by omb and the general services administration gsa for use in cost comparisons involving the provision of motor vehicle fleet management services. A76, performance of commercial activities, establishes federal policy for the performance of recurring commercial activities. Omb circular a 76, appendix 7 omb home appendix 7 motor vehicle competitions.
Omb circular a 76, appendix 2 omb home appendix 2 commercial activities inventory. The meaning of inherently governmental in omb circular a. Once an army activity is selected for a 76 competition, it is required to first develop a performance. A76 revised supplemental handbook introduction the august 1983 office of management and budget omb circular no. Office of management and budget circulars and bulletins. This article is brought to you for free and open access by the faculty. The omb circular a 76 and the air force preliminary planning guidebook provide more complete information about these processes. Omb circular a76, appendix 7 national archives and. It 1s our understanding that the subcommittee 1s interested in any new information we may have on the current status of omb circular a 76 cost comparison studies within the veterans admln.
Part i policy implementation sets forth the principles and procedures for implementing omb circular a76. Dec 22, 2016 during a hearing last july, he and other committee members indicated an interest in reviving those competitions, named for the a 76 omb circular, which allow private contractors to bid on work. This appendix provides guidance for use in cost comparisons involving the provision of aircraft or aviation management support services. Background and issues for congress description this report discusses the current moratorium on the conduct of department of defense dod publicprivate competitions under office of management and budget omb circular a 76 and issues for congress. Depending on the particular situation, this advance notice may be weeks. It has been prepared to ease completion of cost comparisons conducted in accordance with omb circular a 76 and omb. Explanation and discussion of the recently revised federal outsourcing policy creation information. Circular a122 cost principles for nonprofit organizations a. Office of management and budget omb memoranda authorize federal awarding agencies the flexibility to aid hhs grantee community in several key areas of our grants administration policies and requirements to support the continued research and services necessary to carry out the emergency response related to covid19.
Defense dod publicprivate competitions under office of management and budget omb circular a 76, and potential issues for congress. This memorandum replaces the memorandum on the same subject, dated february 10, 2014, and provides updated guidance for fiscal year fy 2015 related to the continued moratorium and. Method 1 vi the meaning of inherently governmental in omb circular a 76 from 1966 to 2003. Circular a 76 and the moratorium on dod competitions. Is competitive sourcing another way to do more with less people or to give up some of our support structure. Important for understanding the circular is an understanding of the concepts of commercial activity and inherently governmental activity. Thank you for the opportunity to comment on the proposed revisions to the a 76 circular.
The 2018 omnibus appropriations bill now goes to the senate with a provision that prevents federal funds going toward any publicprivate competition under the office of management and budget circular a 76. Under the proposed revision to omb circular a76, virtually all federal government commercial activities i. The documents used in a standard competition in addition to the government contract files required by far subpart 4. Omb circular a126, revised may 22, 1992, is a government circular that introduces standards and policies to minimize the cost and improve the management and use of united states government aircraft. Appendix c documents related to inherently governmental functions. During a hearing last july, he and other committee members indicated an interest in reviving those competitions, named for the a 76 omb circular, which allow private contractors to. A3, audits of states, local governments, and nonprofit organizations.
Does not reflect revisions contained in the 1987 standard classification manual. Omb circular a 76, appendix 6 omb home appendix 6 aviation competitions. Update on omb circular a 76 publicprivate competition prohibitions fy 2015. The federal activities inventory reform fair inventory is required by the federal activities inventory reform act of 1998 p. Competitive sourcing is the publicprivate competition process of the governments commercial activities. Omb circular a 76 policy and options for congress proceedings of a crs seminar summary on april, 2000, the congressional research service sponsored a policy seminar, for members of congress and staff, entitled defense outsourcing. Omb circular a 126, revised may 22, 1992, is a government circular that introduces standards and policies to minimize the cost and improve the management and use of united states government aircraft.
Implementing the federal activities inventory reform act through conforming changes to omb circular no. Background omb circular a 76 established the policy guiding federal agencies in determining the most economical way to carry out their commercial activities. Governmental auditing standards and omb circular a3. Table nineteen structuring data for omb circular a 76 1999 351 table twenty structuring data for omb circular 2003 363 table twentyone structuring data for omb circular 2003 374 and attachments pilot study. An agency will notify affected employees, and the employees unions, that their jobs will be part of the competition before the formal announcement. A 76 was originally published in the august 16, 1983, federal register, at pages 3711037116. The office of management and budget manages the state of new jersey s financial assets and helps ensure that taxpayer resources are allocated efficiently and in accordance with state laws, regulations, policies and guidelines. A 76, transmittal memoranda 1 through transmittal memorandum 14 are canceled.
Transmittal memoranda 1 through 14 and 16 through 18. Attached are the edited comments from gsas services and staff offices. A 76, performance of commercial activities march 11, 2008, and a technical correction made by omb. Handbook of federal librarianship introduction library of congress. I look forward to meeting with you in january to discuss gsas competitive sourcing plans and. A76 frequently asked questions goodfellow air force base.
Office of management and budget omb circular a 76, which is designed to encourage use of private firms to provide services to the government whenever feasible, has had a major effect on the organization and management of u. General comments regarding proposed revisions to omb circular a 76 as noted in the outline of purpose and procedures regarding proposed changes to the circular, the list of commercial activities that the government relies on range widely from custodial services to data collection, computer services and research. This report discusses the status of the ongoing moratorium on the conduct of department of defense dod publicprivate competitions under office of management and budget omb circular a 76, and potential issues for congress. The omb a 76 circular requires an agency to make a formal public announcement for each competition. Federal energy management programs guidance for which can be found in the federal register of january 25, 1990, and november 20, 1990. Update on 0mb circular a 76 publicprivate competition prohibitions fy 2019 this memorandum replaces the may 17, 2018 memorandum on the same subject, and provides updated fiscal year fy 2019 guidance for the continuing prohibition on publicprivate competitions pursuant to office of management and budget 0mb circular a 76. Omb circular a 76 is a federal executive branch policy for managing publicprivate competitions to perform functions. The office of management and budgets ombs circular a76 was created to establish fair competition between the public and private sectors.
Retaining a 76 publicprivate competition moratorium o fixing the damage done to the scope of the contractor inventory statute in the fy2017 ndaa illegal direct conversions to contract and improving compliance with sourcing statutes clarifying that the moratorium on publicprivate competitions pursuant to omb circular a 76. The office of management and budget omb publishes its revisions to the supplemental handbook issued as a part of its august 4, 1983, omb circular no. As a part of omb circular a 76 transmittal memorandum no. An a 76 publicprivate competition is a process of determining the most efficient and effective way to conduct a particular set of activities, whether accomplished by the government or private sector. To achieve the objective of obtaining the best possible.
Of particular interest was the cost of the circular s implementation versus potential cost savings within the veterans administrations va department of medicine and surgery and the effect contracting out would have on the provision of medical care by va. This circular applies to all agencies of the executive branch of the. Nteu supports continued moratorium on a76 competitions. Manpower and 7 2018 under secretary of defense for. Performance of commercial activities, omb circular no. The database will automatically generate the appropriate statusreason code c or i based on the chosen justification criteria. The national endowment for the humanities appreciates the opportunity to comment on the proposed revisions to a 76. Circular a76 and the moratorium on dod competitions. This instruction implements dod policy, pursuant to omb circular a 76 references c, that a competitive sourcing program be established to manage competitive sourcing.
Factor, federal pay raise assumptions, and inflation factors us ed in omb circular no. The department appreciates the positive steps that omb has made to improve the way a 76 cost comparisons work. It also does not affect the timing of cost comparisons under omb circular a 76. A76 revised, performance of commercial activities represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in indiana state library.
Nteu helped preserve the longstanding ban on competitions between federal employees and private contractors in legislation approved by the house. Sets forth the principles and procedures for implementing omb circular a76. Click here for the 1999 edition of the omb circular a76 supplemental handbook. Governmental auditing standards and omb circular a3 update governmental auditing standards update sas no. Authority excepted the authority delegated in this document does not include the authority to sue or be sued or to issue or waive regulations. Omb circular a76, appendix 6 national archives and. A pilot study of the impact of omb circular a76 on motor. Specifically, omb circular a 126 addresses the acquisition, management, usage, cost accounting, and disposal of government aircraft. Omb granted deviations to the new a76 process requirements for two other agencies. The inventory is prepared annually by a team comprised of all gsa service and staff offices lead by the office of acquisition policy mv. The omb circular a 76 the omb a 76 circular provides an analytical framework on which the government bases a decision on who can best provide the products and services it needs. A 76, performance of commercial activities, establishes federal policy for the performance of recurring commercial activities. Omb circular a 76 revised omb circular a 76 revised office of management independence avenue, sw washington, dc 20585. This policy letter does not purport to supersede or otherwise effect any change in omb circular no.
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