Freedom from Government Competition Act of 2025
The Freedom from Government Competition Act of 2025 would shift the federal government’s practice toward sourcing most goods and services for operating and managing federal agencies from private sector suppliers, with limited exceptions. Under the bill, agencies would normally obtain needed goods and services from commercial sources unless a specific exemption applies (such as legally required government production, or a determination that national defense, homeland security, or inherently governmental functions require government delivery). For non-exempt items, procurement would occur through privatization, private-sector contracts using competitive procedures, or a formal public-private competitive sourcing analysis to determine whether private sector performance provides the best value. The bill also allows federal employees to resume providing certain previously privatized goods or services after a competitive analysis demonstrates best value in favor of internal provision. It would require the Office of Management and Budget (OMB) to issue regulations and to conduct annual studies and reporting to Congress, including a plan to transfer remaining commercial activities to the private sector within five years of each report. In short, the bill codifies a broad policy favoring private-sector provision of federal goods and services, subject to specific exemptions and a structured transition process, with annual oversight and transfer timelines to push remaining activities toward privatization.
Key Points
- 1Policy shift: Federal agencies should procure goods and services from private sector sources, avoiding government production unless exempted by law or exception.
- 2Exemptions: Non-applicable where law requires agency production, or where a head of agency certifies that national defense/homeland security, inherently governmental work, or lack of private sources justify continued government provision.
- 3Procurement methods: When not exempt, goods/services must be obtained via divestiture of federal involvement, private-sector contracts through open competition, or a public-private competitive sourcing analysis to determine best value.
- 4Reinstatement option: Agencies may rehire Federal employees to provide previously privatized goods/services after completing a competitive sourcing analysis and determining best value to the taxpayer.
- 5Oversight and timelines: OMB must issue regulations and conduct annual studies with the Comptroller General, including justification for exemptions and a five-year schedule to transfer remaining commercial activities to the private sector after each annual report.