Definitions of "Inherently Governmental Function" in Federal Procurement Law and Guidance

This report surveys the definitions of inherently governmental function given in Policy Letter 11- 01, the FAIR Act, and other sources. It also notes specific functions that have been designated as inherently governmental or commercial by statute, regulation, policy, or Government Accountability Office (GAO) or judicial decision. Its primary focus is upon government-wide statutes, regulations, and policy documents, not agency-specific ones.