Sourcing Policy
Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce
Gao ID: GAO-10-744T May 20, 2010
Federal agencies face a complicated set of decisions in finding the right mix of government and contractor personnel to conduct their missions. While contractors, when properly used, can play an important role in helping agencies accomplish their missions, GAO has found that agencies face challenges with increased reliance on contractors to perform core agency missions. Congress and the Executive branch also have expressed concern as to whether federal agencies have become over-reliant on contractors and have appropriately outsourced services. A March 2009 Presidential memorandum tasked the Office of Management and Budget (OMB) to take several actions in response to this concern. Based on GAO's prior work, this statement discusses (1) civilian agencies' development and implementation of guidelines to consider whether contracted functions should be brought in-house --a process known as insourcing; (2) OMB's proposed policy on work reserved for federal employees; (3) challenges agencies face in managing the federal workforce; and (4) key tools available for insourcing and related efforts.
GAO reviewed the status of civilian agencies efforts to develop and implementinsourcing guidance and reported in October 2009 that none of the nine civilian agencies with whom we met had met the statutory deadline to produce insourcing guidance. Primarily, they were waiting to ensure their guidance was consistent with or receive additional OMB guidance, and to use the results, best practices, and lessons learned from their multisector workforce pilots to better inform their insourcing guidelines. Since the time of our review, OMB reported in December 2009 that 24 agencies had launched pilots to address overuse of contractors in one or more of their organizations. Agencies were due to report the results of their pilots to OMB by May 1, 2010. In response to a congressional mandate, OMB recently issued a public notice that provides proposed policy for determining when work must be performed by federal employees. Comments on the policy are due from federal agencies and the public by June 1, 2010. The proposed policy provides the following guidance to executive branch agencies: it adopts a single, governmentwide definition of inherently governmental functions in accordance with the definition in the Federal Activities Inventory Reform Act of 1998, which classifies an activity as inherently governmental when it is so intimately related to the public interest that it must be performed by federal employees; it provides guidance for determining functions "closely associated with inherently governmental;" and it introduces the category of "critical functions," as work that must be reserved for federal employees in order to ensure the agency has the internal capability to maintain control of its missions and operations. Agency efforts to effectively insource functions performed by contractors will in large part depend on the ability to assess mission and human capital requirements and develop and execute plans to fulfill those requirements so agencies have a workforce that possesses the necessary knowledge, skills, and competencies to accomplish their mission. Furthermore, GAO's 2009 review of civilian agency insourcing efforts identified operational and administrative challenges agencies face with respect to implementing the conversion of contractor personnel to government positions. For example, agencies face difficulties in gathering and analyzing certain types of service contracting data needed for making insourcing decisions. Agency implementation of insourcing efforts could be facilitated by tools that GAO has previously identified, including: (1) Inventories to identify inherently governmental functions; (2) Business case analysis to facilitate agency decisions in determining whether insourcing a particular function has potential to achieve mission requirements; and (3) Human-capital flexibilities to efficiently fill positions that should be brought in-house.
GAO-10-744T, Sourcing Policy: Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce
This is the accessible text file for GAO report number GAO-10-744T
entitled 'Sourcing Policy: Initial Agency Efforts to Balance the
Government to Contractor Mix in the Multisector Workforce' which was
released on May 20, 2010.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as
part of a longer term project to improve GAO products' accessibility.
Every attempt has been made to maintain the structural and data
integrity of the original printed product. Accessibility features,
such as text descriptions of tables, consecutively numbered footnotes
placed at the end of the file, and the text of agency comment letters,
are provided but may not exactly duplicate the presentation or format
of the printed version. The portable document format (PDF) file is an
exact electronic replica of the printed version. We welcome your
feedback. Please E-mail your comments regarding the contents or
accessibility features of this document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
Testimony before the Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia,
Committee on Homeland Security and Governmental Affairs, U.S. Senate:
United States Government Accountability Office:
GAO:
For Release on Delivery:
Expected at 2:30 p.m. EDT:
Thursday, May 20, 2010:
Sourcing Policy:
Initial Agency Efforts to Balance the Government to Contractor Mix in
the Multisector Workforce:
Statement of John K. Needham:
Director, Acquisition and Sourcing Management:
GAO-10-744T:
GAO Highlights:
Highlights of GAO-10-744T, a testimony before the Subcommittee on
Oversight of Government Management, the Federal Workforce, and the
District of Columbia, Committee on Homeland Security and Governmental
Affairs, U.S. Senate.
Why GAO Did This Study:
Federal agencies face a complicated set of decisions in finding the
right mix of government and contractor personnel to conduct their
missions. While contractors, when properly used, can play an important
role in helping agencies accomplish their missions, GAO has found that
agencies face challenges with increased reliance on contractors to
perform core agency missions. Congress and the Executive branch also
have expressed concern as to whether federal agencies have become over-
reliant on contractors and have appropriately outsourced services. A
March 2009 Presidential memorandum tasked the Office of Management and
Budget (OMB) to take several actions in response to this concern.
Based on GAO‘s prior work, this statement discusses (1) civilian
agencies‘ development and implementation of guidelines to consider
whether contracted functions should be brought in-house ”a process
known as insourcing; (2) OMB‘s proposed policy on work reserved for
federal employees; (3) challenges agencies face in managing the
federal workforce; and (4) key tools available for insourcing and
related efforts.
What GAO Found:
GAO reviewed the status of civilian agencies efforts to develop and
implement insourcing guidance and reported in October 2009 that none
of the nine civilian agencies with whom we met had met the statutory
deadline to produce insourcing guidance. Primarily, they were waiting
to ensure their guidance was consistent with or receive additional OMB
guidance, and to use the results, best practices, and lessons learned
from their multisector workforce pilots to better inform their
insourcing guidelines. Since the time of our review, OMB reported in
December 2009 that 24 agencies had launched pilots to address overuse
of contractors in one or more of their organizations. Agencies were
due to report the results of their pilots to OMB by May 1, 2010.
In response to a congressional mandate, OMB recently issued a public
notice that provides proposed policy for determining when work must be
performed by federal employees. Comments on the policy are due from
federal agencies and the public by June 1, 2010. The proposed policy
provides the following guidance to executive branch agencies: it
adopts a single, governmentwide definition of inherently governmental
functions in accordance with the definition in the Federal Activities
Inventory Reform Act of 1998, which classifies an activity as
inherently governmental when it is so intimately related to the public
interest that it must be performed by federal employees; it provides
guidance for determining functions ’closely associated with inherently
governmental;“ and it introduces the category of ’critical functions,“
as work that must be reserved for federal employees in order to ensure
the agency has the internal capability to maintain control of its
missions and operations.
Agency efforts to effectively insource functions performed by
contractors will in large part depend on the ability to assess mission
and human capital requirements and develop and execute plans to
fulfill those requirements so agencies have a workforce that possesses
the necessary knowledge, skills, and competencies to accomplish their
mission. Furthermore, GAO‘s 2009 review of civilian agency insourcing
efforts identified operational and administrative challenges agencies
face with respect to implementing the conversion of contractor
personnel to government positions. For example, agencies face
difficulties in gathering and analyzing certain types of service
contracting data needed for making insourcing decisions.
Agency implementation of insourcing efforts could be facilitated by
tools that GAO has previously identified, including:
* Inventories to identify inherently governmental functions;
* Business case analysis to facilitate agency decisions in determining
whether insourcing a particular function has potential to achieve
mission requirements; and;
* Human-capital flexibilities to efficiently fill positions that
should be brought in-house.
What GAO Recommends:
GAO has made numerous recommendations in recent years to help ensure
better management of the multisector workforce, and agencies are in
the process of addressing them.
View [hyperlink, http://www.gao.gov/products/GAO-10-744T] or key
components. For more information, contact John Needham at (202) 512-
4841 or needhamjk1@gao.gov.
[End of section]
Mr. Chairman and Members of the Subcommittee:
I am pleased to be here to discuss current insourcing efforts,
consideration of work that should be performed only by federal
employees, and related workforce planning challenges--all issues
needing consideration from the broader perspective of managing the
multisector workforce. To carry out their missions agencies rely on an
increasing complex workforce composed of federal employees, contractor
personnel, and in the case of the Department of Defense (DOD),
military personnel. Determining whether to obtain services with
current or new federal employees, private sector contractors, or a
combination of the two is an important economic and strategic decision
critical to the federal government's effective and efficient use of
taxpayer dollars. Such decisions may have critical implications for
government control and accountability for policy and program decisions.
The executive branch has encouraged federal agencies since the mid-
1950s to obtain commercially available services from the private
sector when doing so is cost-effective. However, federal agencies face
a complicated set of decisions in finding the right mix of government
and contractor personnel to conduct their missions. While contractors,
when properly used, can play an important role in helping agencies
accomplish their missions, our prior work has shown that agencies face
challenges with increased reliance on contractors to perform core
agency missions[Footnote 1]. Congress and the Executive branch also
expressed concern as to whether federal agencies have become
overreliant on contractors and have appropriately outsourced services.
A March 2009 Presidential memorandum tasked the Office of Management
and Budget (OMB) with issuing guidance in a number of areas related to
addressing challenges in the federal contracting environment,
including when it is appropriate for the government to outsource
services and when it is not.[Footnote 2]
Over the years, we have found that in choosing to use contractors, the
decisions agencies need to make involve determining which functions
and activities should be contracted out and which should not to ensure
institutional capacity, as well as identifying and distinguishing the
roles and responsibilities of contractors and civilian and military
personnel. In addition, they must develop a total workforce strategy
to address the extent of contractor use and the appropriate mix of
contractor and government personnel. In response to your interest in
the government's use of contractors and related workforce issues, I
will draw primarily on our prior work to discuss (1) civilian
agencies' development and implementation of insourcing guidelines; (2)
the proposed policy on work that should be performed only by, or
reserved for, federal employees; (3) challenges agencies face in
managing the federal workforce; and (4) key tools available for
insourcing and related efforts. The reports which form the basis for
this statement were prepared in accordance with generally accepted
government auditing standards. Those standards require that we plan
and perform the audit to obtain sufficient, appropriate evidence to
provide a reasonable basis for our findings and conclusions based on
our audit objectives. We believe that the evidence obtained provides a
reasonable basis for our findings and conclusions based on our audit
objectives.
Background:
Since 1955, the executive branch has encouraged federal agencies to
obtain commercially available goods and services from the private
sector when the agency determines it is cost-effective. However, in
the past, both the private and public sectors expressed concern about
the fairness with which these sourcing decisions were made. In
response, Congress in 2000 mandated a study of government sourcing
conducted by the Commercial Activities Panel and chaired by the
Comptroller General.[Footnote 3] In April 2002, the panel released its
report with recommendations that stressed the importance of linking
sourcing policy with agency missions, promoting sourcing decisions
that provide value to the taxpayer regardless of the service provider
selected, and ensuring greater accountability for performance. For
example, the panel found that federal sourcing policy should:
* support agency missions, goals, and objectives;
* be consistent with human-capital practices designed to attract,
motivate, retain, and reward a high-performing federal workforce;
* recognize that inherently governmental functions and certain others
should be performed by federal workers;
* avoid arbitrary full-time equivalent or other arbitrary numerical
goals; and:
* provide for accountability in all sourcing decisions.
Government contracting has more than doubled to reach over $500
billion annually since the panel issued its report. This increased
reliance on contractors to perform agency missions increases the risk
that government decisions can be influenced by contractor employees,
which can result in a loss of control and accountability. Agencies buy
services that range from basic operational support, such as custodial
and landscaping, to more complex professional and management support
services, which may closely support inherently governmental functions.
Such services include acquisition support, budget preparation, and
intelligence services. Our work at DOD and the Department of Homeland
Security (DHS) has found that it is now commonplace for agencies to
use contractors to perform activities historically performed by
government employees.[Footnote 4] Inherently governmental functions
require discretion in applying government authority or value judgments
in making decisions for the government, and as such they should be
performed by government employees, not private contractors. The closer
contractor services come to supporting inherently governmental
functions, the greater this risk of influencing the government's
control over and accountability for decisions that may be based, in
part, on contractor work.
In part to address the increased reliance on contractors, the Fiscal
Year 2008 National Defense Authorization Act[Footnote 5] required DOD
to develop and implement insourcing guidelines. In April 2008, DOD
issued its initial insourcing guidelines, and on May 28, 2009, DOD
issued implementing guidance for the insourcing of contracted
services.[Footnote 6] The guidance is designed to assist DOD
components as they develop and execute plans to decrease funding for
contractor support and increase funding for new civilian manpower
authorizations.
Similarly, the Omnibus Appropriations Act of 2009,[Footnote 7]
required the heads of executive branch agencies to devise and
implement insourcing guidelines and procedures. The guidelines and
procedures were to ensure that "consideration" was given to using, on
a regular basis, federal employees to perform new functions and
functions that are performed by contractors and could be performed by
federal employees.
In July 2009, OMB issued guidance for agencies to begin the process of
developing and implementing policies, practices, and tools for
managing the multisector workforce.[Footnote 8] This guidance included
insourcing criteria intended to provide the civilian agencies with a
framework for consistent and sound application of insourcing guidance,
in accordance with statutory requirements. The criteria consisted of
four sections: (1) general management responsibilities; (2) general
consideration of federal employee performance; (3) special
consideration of federal employee performance; and (4) restriction on
the use of public-private competition. Each criterion addresses
different aspects of the mandate for insourcing guidelines and
procedures and describes circumstances and factors agencies should
consider when identifying opportunities for insourcing. (See app. I
for a more detailed description of OMB's insourcing criteria.)
Additionally, the guidance, as part of a planning pilot, requires each
agency to conduct a multisector human-capital analysis of an
organization, program, project, or activity where there are concerns
about reliance on contractors and report on the pilot by May 1, 2010.
Civilian Agencies' Efforts to Develop Insourcing Requirements:
In response to the mandate in the 2009 Omnibus Appropriations Act, we
reviewed the status of civilian agencies' efforts to develop and
implement insourcing guidance. We reported in October 2009 that none
of the nine civilian agencies we met with between July and October
2009 had met the statutory deadline to produce insourcing guidance.
[Footnote 9] One agency had issued preliminary guidelines, and two
others had drafted but not issued their guidelines as of our review,
but most of the agencies' efforts were still in the early stages.
[Footnote 10] For example, two of the nine agencies reviewed at the
time had designated the offices responsible for leading the effort to
develop the guidelines and were in the process of deciding what
approach they would take. In contrast, two other agencies had drafted
guidelines, with one waiting on management approval to issue them and
the other planning to finalize its guidelines once OMB issued
additional guidance regarding outsourcing and inherently governmental
functions. Agency officials cited a number of reasons as to why they
did not meet the statutory deadline and had not issued final
insourcing guidelines. The reasons included, but were not limited to
the following:
* Wanting to ensure their guidelines were consistent with OMB's
guidance, issued in July 2009, which caused them to delay finalizing
or drafting their guidelines.
* Waiting for additional OMB guidance and clarification regarding
outsourcing and inherently governmental functions. Several officials
stated that they anticipated this guidance would have a significant
effect on their development and implementation of insourcing
guidelines. Similarly, OMB indicated when it provided the insourcing
criteria in July 2009 that it expected to refine the criteria as it
developed guidance on when outsourcing is and is not appropriate.
* Intending to use the results, best practices, and lessons learned
from the multisector workforce planning pilots to better inform their
insourcing guidelines and procedures. For example, one agency told us
it planned to use its experience with its planning pilot as the basis
for its final guidelines, while another planned to issue initial
guidelines to be used during the pilot and then revise the guidelines
as appropriate based on the experiences during the pilot.
* Stressing that developing effective insourcing guidelines is complex
and involves many agency functions, including human capital,
acquisition, and finance and budget, all of which requires a great
deal of coordination and takes time. They added that their ability to
focus on the development of the guidelines has been constrained by
their capacity to deal with multiple management initiatives in
addition to their regular core duties.
Although OMB and agencies have yet to issue insourcing guidance, OMB
reported in December 2009 that 24 agencies had launched planning
pilots to address the use of contractors in one or more of their
organizations. Agencies were due to report the results of their pilots
to OMB by May 1, 2010.
Proposed OMB Policy on Work Reserved for Federal Employees:
Following the initiative of the March 2009 Presidential memo on
government contracting and in response to a congressional mandate,
OMB's Office of Federal Procurement Policy issued a public notice on
March 31, 2010 that provides proposed policy for determining when work
must be performed by, or reserved for, federal employees.[Footnote 11]
The proposal provides the following guidance to executive branch
agencies:
* Adopts the statutory definition in the Federal Activities Inventory
Reform (FAIR) Act of 1998 as a single, governmentwide definition of
inherently governmental functions. This definition classifies an
activity as inherently governmental when it is so intimately related
to the public interest that it must be performed by federal employees.
Such activities include determining budget priorities and awarding and
administering contracts, which are reserved exclusively for federal
employees.
* Retains the illustrative list of examples of "closely associated
with inherently governmental functions" from the Federal Acquisition
Regulation, such as preparing budgets and developing agency
regulations, and provides guidance to help agencies decide whether to
use contractors to perform these functions. Unlike inherently
governmental functions, agencies can determine whether contractor
performance of these functions is appropriate. The proposed policy
lays out the responsibilities agencies must perform, such as ensuring
sufficient government capacity for oversight during the contract award
and administration process, if they decide to use a contractor for
these services.
* Introduces the category of "critical functions," as functions whose
importance to the agency's mission and operation requires that at
least a portion of the function must be reserved for federal employees
to ensure the agency has sufficient internal capability to effectively
perform and maintain control.
* Outlines a number of new management determinations and actions that
federal agencies should employ to avoid allowing contractor
performance of inherently governmental functions, including developing
agency procedures, providing training and designating senior officials
responsible for implementation of the proposed policy. Comments from
agencies and the public on the proposed policy are due to OMB by June
1, 2010.
Effective Implementation of Insourcing Policies Will Depend on
Agencies' Ability to Address Workforce Planning and Other Challenges:
Agency efforts to effectively insource certain functions now performed
by contractors will in large part depend on their ability to assess
their human-capital and mission requirements and develop and execute
plans to fulfill those requirements so they have a workforce that
possesses the necessary education, knowledge, skills, and competencies
to accomplish their mission. We and others have shown that successful
public and private organizations use strategic management approaches
to prepare their workforces to meet present and future mission
requirements. Strategic human-capital management--which includes
workforce planning--helps ensure that agencies have the talent and
skill mix they need to address their current and emerging human-
capital and other challenges, such as long-term fiscal constraints and
changing demographics.[Footnote 12]
A strategic human-capital plan helps agency managers and stakeholders
to systematically consider what is to be done, how it will be done,
and how to gauge progress and results. Our prior work has identified
workforce planning challenges that can affect an agency's ability to
obtain the right mix of federal employees and contractor personnel.
Strategic workforce planning is an iterative, systematic process that
addresses two critical needs: (1) aligning an organization's human-
capital program with its current and emerging mission and programmatic
goals and (2) developing long-term strategies for acquiring,
developing, and retaining an organization's workforce to achieve
programmatic goals.[Footnote 13] These strategies should include
contractor as well as federal personnel and link to the knowledge,
skills, and abilities agencies need. As agencies develop workforce
strategies, they also need to consider the extent to which contractors
should be used and the appropriate mix of contractor and federal
personnel. With the increased reliance on contractors, there has been
an increased concern about the ability of agencies to ensure
sufficient numbers of staff to perform some functions that should only
be performed by government employees. Strategic workforce planning can
position federal agencies to meet such workforce challenges. However,
our prior work has found that the increased reliance on contractors to
perform the work of government is in part attributed to difficulties
in hiring for certain hard-to-staff positions, training and retaining
government employees. For example, we have previously reported that
federal agencies have relied increasingly on contractors to support
the acquisition function due to the fact that the capacity and the
capability of the federal government's acquisition workforce to
oversee and manage contracts have not kept pace with increased
spending for increasingly complex purchases.[Footnote 14] This pattern
can also be found in other functions such as information technology
and intelligence activities. Importantly, federal agencies also face
competition in hiring and retaining government employees as
contractors can offer higher salaries in some cases.[Footnote 15]
In 2001, we first identified strategic human-capital management as a
high-risk area because of the federal government's long-standing lack
of a consistent approach to human-capital management. In 2010, while
agencies and Congress have taken steps to address the federal
government's human-capital shortfalls, strategic human-capital
management remains a high-risk area because of the continuing need for
a governmentwide framework to advance human-capital reform. We have
reported that federal agencies have used varying approaches to develop
their strategic workforce plans, depending on their particular
circumstances.[Footnote 16] For example, an agency with a future
workload that could rise or fall sharply may focus on identifying
skills to manage a combined workforce of federal employees and
contractors. We and the Office of Personnel Management (OPM) have
identified the following six leading principles that agencies should
incorporate in their workforce planning efforts:[Footnote 17]
* Align workforce planning with strategic planning and budget
formulation;
* Involve managers, employees, and other stakeholders in planning;
* Identify critical occupations, skills, and competencies and analyze
workforce gaps;
* Develop strategies to address workforce gaps;
* Build capability to support workforce strategies; and:
* Monitor and evaluate progress.
Furthermore agencies face other operational and administrative
challenges as our 2009 review of civilian agency insourcing efforts
[Footnote 18] identified with respect to implementing guidance to
facilitate the conversion of contractor personnel to government
positions, including the following:
* Infrastructure. The complex nature of insourcing and the many
functional parts of an agency involved in the hiring process require
managers to share responsibility and coordinate activities. The
various functions involved in an agency's insourcing efforts--such as
human capital, acquisition, finance and budget--must be identified, as
well as the roles each will play.
* Culture. Insourcing represents a major shift in the focus and
culture of the multisector workforce. Established processes and
procedures are geared toward outsourcing and shifting to insourcing
and a "total workforce" approach--that considers both contractors and
federal employees--will take time and requires flexibility to meet the
needs of an agency within an ever-changing environment.
* Data. Agencies face difficulties in gathering and analyzing certain
types of service contracting data needed for making insourcing
decisions. For example, information on the type of service contracts
and the number of contractor-equivalent personnel may not be readily
available, even though some officials indicated that such information
may be needed to review contracted-out services and make insourcing
decisions. The lack of reliable data on contractors has been a
recurrent theme in our work over the past several years. For example,
we have reported that agencies faced challenges with developing
workforce inventories under the FAIR Act of 1998, especially as it
relates to the classification of positions as inherently governmental
or commercial.[Footnote 19] Our work on the acquisition workforces at
DHS and DOD reported that the departments lacked sufficient data to
fully assess total acquisition workforce needs including the use of
contractors. And, more recently, our review of DOD service contractor
inventories for fiscal year 2008 found that each of the military
departments used different approaches and data sources to compile
their inventory data and, as a result, DOD data on service contracts
are inconsistent and incomplete.[Footnote 20]
* Resources. Limited budgets and resources may constrain insourcing
efforts. For example, if after applying its guidelines, an agency
determines that a function should be insourced and additional
government employees need to be hired, the agency must ensure the
funds are available to pay for them.
Tools Available for Agencies' Insourcing Efforts:
Agency implementation of insourcing efforts could be facilitated by
tools that we identified in prior work. These tools will allow
agencies to capture information, make strategic decisions and
implement those decisions for their multisector workforce. They
include: inventories, business case analysis, and human capital
flexibilities.
* Inventories. The inventories that federal agencies are required to
develop under congressional mandate will be used to inform a variety
of workforce decisions.[Footnote 21] For example, at DOD, the
inventories are to contain a number of different elements for service
contracts, including information on the functions and missions
performed by the contractor, the funding source for the contract, and
the number of contractor full-time equivalents working under the
contract. Once compiled, the inventories may be used to inform a
variety of workforce decisions, including how various agency functions
should be sourced.[Footnote 22]
* Business Case Analysis. A balanced analytical approach, used by some
agencies when deciding to outsource functions, could facilitate agency
decisions in determining whether insourcing a particular function has
the potential to achieve mission requirements. Such an analysis may
consider questions such as the following:
- How critical is the function's role in relationship to the agency's
mission?
- What is the risk to program integrity and control of sensitive
information if the function is not insourced?
- What is the long-term trend of demand for the function; is there
periodic fluctuation in demand for the function (i.e. stability of
demand)?
- What is the current state of technology used by the function and
what is the likelihood of the agency being able to acquire and sustain
the technology if the function is brought in-house?
- What are the number of staff and skill level of staff needed to
perform the function?
- What is the ability of the agency to recruit the workforce with the
appropriate skills to continue to provide services the contractor
currently provides?
- What is the likelihood of contractor staff in the function applying
to work for the agency?
* What is the estimated cost to maintain an acceptable level of
performance if the function is brought in-house?
* Human Capital Flexibilities. Once agencies determine which functions
they want to have provided by federal employees, taking advantage of
the variety of human-capital flexibilities is crucial to making
improvements in agencies' efforts to recruit, hire, and manage their
workforces. For example, monetary recruitment and retention incentives
and special hiring authorities provide agencies with flexibility in
helping them manage their human-capital strategically to fulfill
insourcing needs.[Footnote 23]
Concluding Observations:
OMB's criteria for insourcing decisions provide a basis for agencies
in establishing their insourcing plans and can be used to facilitate
balancing the mix of federal employees and contractors to better
assure government control over critical functions. However, it will be
in the implementation of agency plans and in the individual sourcing
decisions that federal agencies make that will determine the ultimate
success of this effort. Making use of the full range of information
and human-capital tools available to implement these plans will be
important to assuring effective government control of critical
functions, mitigating risks, and providing value to the taxpayer.
Mr. Chairman, this concludes my prepared statement. I would be happy
to respond to any questions you or the other members of the
subcommittee may have at this time.
Contacts and Staff Acknowledgments:
For further information regarding this testimony, please contact John
Needham at (202) 512-4841 or needhamjk1@gao.gov. Contact points for
our Offices of Congressional Relations and Public Affairs may be found
on the last page of this product. Staff making key contributions to
this statement were Amelia Shachoy, Assistant Director; Brendan
Culley; Noah Bleicher; Erin Carson; Lauren Heft; and John Krump.
[End of section]
Appendix I:
Table 1: OMB's Criteria for Insourcing under Section 736:
Key sections: General Management Responsibilities;
Agency responsibilities/actions and factors to consider:
* review contractor performance on an ongoing basis and where a
determination is made that contractors are performing inherently
governmental responsibilities, insource such work on an accelerated
basis;
* monitor internal human-capital capacity to minimize the risks
associated with overreliance or improper reliance on contractors;
* ensure that there are sufficient resources to manage and oversee
contractors.
Key sections: General Consideration of Federal Employee Performance;
Agency responsibilities/actions and factors to consider:
* augment existing management reviews when appropriate, to consider
and evaluate opportunities to improve performance with the use of
federal employees;
evaluations should:
- consider opportunities for new and already-contracted work;
- generally include a cost analysis that addresses the full cost of
performance and provides "like comparisons" of relevant costs to
determine the most cost-effective source of support;
* situations when insourcing may be justified without a full cost
analysis:
- to establish or build internal capacity or maintain control of an
agency's mission and operations;
- to perform a function that is closely associated with an inherently
governmental function and in-house performance is necessary for an
agency to maintain control of its mission and operations; or;
- to avoid the compromise of a critical agency or administration
policy.
Key sections: Special Consideration of Federal Employee;
Agency responsibilities/actions and factors to consider:
* go beyond existing agency management reviews and evaluate the
specific function to be performed prior to the pursuit or nonpursuit
of a contract action;
Key issues and actions for evaluations:
* if an agency determines that contractor performance causes the
agency to lack sufficient internal expertise to maintain control of
its mission and operations, then the agency is to take actions to
obtain needed in-house capacity;
* if a preliminary analysis suggests that public-sector performance is
more cost-effective and it is feasible to hire federal employees for a
particular function, the agency is to initiate a more-detailed
analysis of insourcing options:
- extent of analysis should generally be commensurate with the size
and complexity of the function in question and its importance to the
agency's mission;
- cost analysis should address the full costs of government and
private-sector performance;
- insourcing should not be used unless performance and risk
considerations in favor of federal employee performance will clearly
outweigh cost considerations.
Key sections: Competition Restrictions;
Agency responsibilities/actions and factors to consider:
* reiterates restriction in section 736 from conducting public-private
competitions under OMB Circular A-76 as a prerequisite to federal
performance of certain functions.
Source: OMB.
[End of table]
[End of section]
Footnotes:
[1] See for example, GAO, Department of Homeland Security: Improved
Assessment and Oversight Needed to Manage Risk of Contracting for
Selected Services, [hyperlink, http://www.gao.gov/products/GAO-07-990]
(Washington, D.C.: Sep. 17, 2007), and GAO, Defense Management: DOD
Needs to Reexamine Its Extensive Reliance on Contractors and Continue
to Improve Management and Oversight, [hyperlink,
http://www.gao.gov/products/GAO-08-572T] (Washington, D.C.: Mar. 11,
2008).
[2] 74 Fed. Reg. 9755 (Mar. 6, 2009).
[3] The panel included representatives from OMB, DOD, the Office of
Personnel Management, private industry, academia, a trade association,
and unions.
[4] GAO, Department of Homeland Security: Improved Assessment and
Oversight Needed to Manage Risk of Contracting for Selected Services,
[hyperlink, http://www.gao.gov/products/GAO-07-990] (Washington, D.C.:
Sep. 17, 2007); GAO, Defense Management: DOD Needs to Reexamine Its
Extensive Reliance on Contractors and Continue to Improve Management
and Oversight, [hyperlink, http://www.gao.gov/products/GAO-08-572T]
(Washington, D.C.: Mar. 11, 2008); and GAO, Intelligence Reform: GAO
Can Assist the Congress and the Intelligence Community on Management
Reform Initiatives, [hyperlink,
http://www.gao.gov/products/GAO-08-413T] (Washington, D.C.: Feb. 29,
2008).
[5] National Defense Authorization Act for Fiscal Year 2008, Pub. L.
No. 110-181 § 324. See also 10 U.S.C. § 2463.
[6] DOD Memorandum, In-sourcing Contracted Services - Implementation
Guidance (May 28, 2009).
[7] Omnibus Appropriations Act, 2009, Pub. L. No. 111-8, Div. D, § 736.
[8] Office of Management and Budget, M-09-26, Managing the Multi-
Sector Workforce (Jul. 29, 2009).
[9] DOD, however, issued implementation guidance for insourcing
efforts on May 28, 2009. The guidance explains that it is designed to
assist DOD components as the develop and execute plans to decrease
funding for contract support and increase funding for approximately
33,400 new civilian manpower authorizations. Among other matters, the
guidance provides a process components are to follow in prioritizing
and reviewing contracted services for possible insourcing and the
steps they are to follow once the decision is made to insource a
function.
[10] GAO, Civilian Agencies' Development and Implementation of
Insourcing Guidelines, [hyperlink,
http://www.gao.gov/products/GAO-10-58R] (Washington, D.C.: Oct. 6,
2009).
[11] 75 Fed. Reg. 16188 (Mar. 31 2010).
[12] GAO, Workforce Planning: Interior, EPA, and the Forest Service
Should Strengthen Linkages to Their Strategic Plans and Improves
Evaluation, [hyperlink, http://www.gao.gov/products/GAO-10-413]
(Washington, D.C.: Mar. 31, 2010).
[13] GAO, Human Capital: Key Principles for Effective Strategic
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39]
(Washington, D.C.: Dec. 11, 2003).
[14] GAO, The Office of Management and Budget's Acquisition Workforce
Development Strategic Plan for Civilian Agencies, [hyperlink,
http://www.gao.gov/products/GAO-10-459R] (Washington, D.C.: Apr. 23,
2010); Acquisition Workforce: DOD Can Improve Its Management and
Oversight by Tracking Data on Contractor Personnel and Taking
Additional Actions, [hyperlink,
http://www.gao.gov/products/GAO-09-616T] (Washington, D.C.: Apr. 28,
2009); Department of Homeland Security: A Strategic Approach Is Needed
to Better Ensure the Acquisition Workforce Can Meet Mission Needs,
[hyperlink, http://www.gao.gov/products/GAO-09-30] (Washington, D.C.:
Nov. 19, 2008); and Defense Management: DOD Needs to Reexamine Its
Extensive Reliance on Contractors and Continue to Improve Management
Oversight, [hyperlink, http://www.gao.gov/products/GAO-08-572T]
(Washington, D.C.: Mar. 11, 2008).
[15] GAO, DOD's High Risk Areas: Actions Needed to Reduce
Vulnerabilities and Improve Business Outcomes, [hyperlink,
http://www.gao.gov/products/GAO-09-460T] (Washington, D.C.: Mar. 12,
2009).
[16] [hyperlink, http://www.gao.gov/products/GAO-10-413]
[17] GAO, Human Capital: Key Principles for Effective Strategic
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39]
(Washington, D.C.: Dec. 11, 2003). OPM, which developed its Human
Capital Assessment and Accountability Framework in conjunction with
the Office of Management and Budget and GAO, issued the final
regulations for this framework in April 2008. 73 Fed. Reg. 23012 (Apr.
28, 2008).
[18] [hyperlink, http://www.gao.gov/products/GAO-10-58R]
[19] GAO, Competitive Sourcing: Greater Emphasis Needed on Increasing
Efficiency and Improving Performance, [hyperlink,
http://www.gao.gov/products/GAO-04-367] (Washington, D.C.: Feb. 27,
2004).
[20] GAO, Defense Acquisitions: Observations on the Department of
Defense Service Contract Inventories for Fiscal Year 2008, [hyperlink,
http://www.gao.gov/products/GAO-10-350R] (Washington, D.C.: Jan. 29,
2010).
[21] Pub. L. No. 111-117, Division C, Title VII, Section 743 contains
civilian agency requirement. Pub. L. No. 110-181, Division A, Title
VIII, Section 803 contains the requirement for DOD.
[22] GAO has been congressionally mandated to review the status of
development of inventories at executive branch agencies.
[23] GAO, Human Capital: Transforming Federal Recruiting and Hiring
Efforts, [hyperlink, http://www.gao.gov/products/GAO-08-762T]
(Washington, D.C.: May 8, 2008).
[End of section]
GAO's Mission:
The Government Accountability Office, the audit, evaluation and
investigative arm of Congress, exists to support Congress in meeting
its constitutional responsibilities and to help improve the performance
and accountability of the federal government for the American people.
GAO examines the use of public funds; evaluates federal programs and
policies; and provides analyses, recommendations, and other assistance
to help Congress make informed oversight, policy, and funding
decisions. GAO's commitment to good government is reflected in its core
values of accountability, integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony:
The fastest and easiest way to obtain copies of GAO documents at no
cost is through GAO's Web site [hyperlink, http://www.gao.gov]. Each
weekday, GAO posts newly released reports, testimony, and
correspondence on its Web site. To have GAO e-mail you a list of newly
posted products every afternoon, go to [hyperlink, http://www.gao.gov]
and select "E-mail Updates."
Order by Phone:
The price of each GAO publication reflects GAO‘s actual cost of
production and distribution and depends on the number of pages in the
publication and whether the publication is printed in color or black and
white. Pricing and ordering information is posted on GAO‘s Web site,
[hyperlink, http://www.gao.gov/ordering.htm].
Place orders by calling (202) 512-6000, toll free (866) 801-7077, or
TDD (202) 512-2537.
Orders may be paid for using American Express, Discover Card,
MasterCard, Visa, check, or money order. Call for additional
information.
To Report Fraud, Waste, and Abuse in Federal Programs:
Contact:
Web site: [hyperlink, http://www.gao.gov/fraudnet/fraudnet.htm]:
E-mail: fraudnet@gao.gov:
Automated answering system: (800) 424-5454 or (202) 512-7470:
Congressional Relations:
Ralph Dawn, Managing Director, dawnr@gao.gov:
(202) 512-4400:
U.S. Government Accountability Office:
441 G Street NW, Room 7125:
Washington, D.C. 20548:
Public Affairs:
Chuck Young, Managing Director, youngc1@gao.gov:
(202) 512-4800:
U.S. Government Accountability Office:
441 G Street NW, Room 7149:
Washington, D.C. 20548: