Recommendation 2022-1, Contractors in Rulemaking – identifies best practices for managing contractors that assist agencies in the rulemaking process. It recommends that agencies exercise proper oversight to avoid contracting out inherently governmental functions or other activities that should be performed by federal employees, clearly delineate responsibility between contractors and agency staff, institute safeguards to prevent or remediate conflicts of interest, and ensure transparency in connection with their contracting activities.
Agencies rely on private contractors to perform many kinds of services in support of their rulemaking activities. These services can occur at any stage of the rulemaking process. They also vary in levels of complexity, ranging from relatively simple tasks such as sorting public comments to more complex matters such as preparing regulatory impact analyses or initial drafts of regulations. While there may be...
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