Circular A-76 and the Moratorium on DOD Competitions: Background and Issues for Congress [January 16, 2013]   [open pdf - 413KB]

"This report discusses the status of the ongoing moratorium on the conduct of Department of Defense (DOD) public-private competitions under Office of Management and Budget (OMB) Circular A-76, and potential issues for Congress. OMB Circular A-76 is a federal executive branch policy for managing public-private competitions to perform functions for the federal government. A-76 states that, whenever possible, and to achieve greater efficiency and productivity, the federal government should conduct competitions between public agencies and the private sector to determine who should perform the work. […] Congress had directed the completion of several reports before the moratorium can be lifted. The congressionally required reports were the 'Section 325' report which DOD was required to submit to Congress within 30 days of the enactment of the FY2010 National Defense Authorization Act, the DOD Inspector General's report on issues involving DOD's conduct of A- 76 competitions, and two Government Accountability Office (GAO) reports: one on DOD's conduct of public-private competitions, and the other on DOD's inventory of service contracts. These reports have been completed. Still, the moratorium has not been lifted. Some policymakers have advocated for an end to the moratorium on the conduct of DOD Circular A-76 competitions. Questions about the moratorium are largely centered around to what extent the problems identified with Circular A-76 have been corrected, and the extent to which the issues raised in the reports have been resolved to the satisfaction of Congress."

Report Number:
CRS Report for Congress, R40854
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