“Construction of buildings or structures intended to be secure from electronic eavesdropping or other penetration by foreign governments”

COFPAES is deeply concerned about the discussion of “Construction of buildings or structures intended to be secure from electronic eavesdropping or other penetration by foreign governments” under the “illustrative list … of functions that are closely associated with the performance of inherently governmental functions.”    Our concern
is the fact that this language could result in the design and construction of all Federal buildings and structures being deemed closely associated with the performance of inherently governmental functions and a gray area with regard to whether such design and construction could be performed by contract to the private sector.   There is very
little practical experience among personnel in the Federal government in using the codes, specifications and technologies that are needed to design and build offices and other structures that are secure from eavesdropping.    The Federal government has traditionally relied on private sector architects, engineers and construction contractors
for these activities. We are concerned that this language will result in a wholesale in‐sourcing of a commercial, historically‐contract activity.   We urge that this example be stricken from the list of “closely associated” activities.