OFFICE OF
ASSISTANT SECRETARY
FOR COMMUNITY PLANNING AND DEVELOPMENT
JAN - 9 2003
Ms. Carolyn Federoff, President
AFGE Council of HUD Locals,
222
P.O. Box 5961
Boston,
MA 02114
Dear
Ms. Federoff
This is in response to your letter to the
Office of the Chief Financial Officer in which you challenged the
classification of the following function as a commercial activity in the OMB
A-76 2001 FAIR Act Inventory for the Office of Community Planning and
Development (CPD):
As stated in
your letter, the Office of Federal Procurement Policy (OFPP) Policy Letter
92-1, dated September 23, 1992, in part, defines an inherently governmental
function as "... a function that is so intimately related to the public
interest as to mandate performance by Government employees. These functions
include those activities that require either the exercise of discretion in
applying government authority or the making of value judgments in making
decisions for the Government."
Administrative support
functions are certainly a significant aspect of CPD's day-to-day operations.
However, as defined by OFPP Policy Letter 92-1, they are not inherently
governmental. The performance of these functions requires the application of
technical knowledge within the parameters of established agency policy and
procedures. Such performance does not constitute applying government authority
nor the making of value judgments for the Government. Excluding the performance
of time and attendance duties, some elements of these functions are currently
performed throughout the Department by contract employees. As such, this function
is properly classified as a commercial activity.
In accordance with FAIR Act provisions, you have the
right to appeal this determination. Appeals should be addressed to:
U.S. Department of Housing and
Urban Development
Office of the Chief
Financial Officer
451 7th Street,
SW, Room 2214
Washington, DC 20410
Sincerely,
William H. Eargle, Jr.
Deputy Assistant Secretary
for Operations