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Senate panel supports moratorium on competitive sourcing
The Senate Appropriations Committee has joined its House counterpart in passing legislation that would suspend all new competitive sourcing activity.
The Senate panel passed the one-year moratorium on public-private job competitions on Thursday as part of the $44.8 billion fiscal 2009 Financial Services and General Government Appropriations bill. The provision essentially would leave it to the next presidential administration to continue the program, which opens jobs that traditionally have been performed by federal employees to bids from contractors.
The House Appropriations Committee passed an identical measure last month when it considered the spending bill. The House version of the fiscal 2009 Defense Department Authorization bill goes even further, banning all new public-private competitions conducted under the rules in the Office of Management and Budget's Circular A-76 for three years.
Federal employee unions hailed the Senate committee's move. Unions have lobbied strongly against competitive sourcing, arguing that the initiative is a thinly veiled attempt to outsource federal jobs.
"It takes a major step toward reining in the runaway contracting of federal jobs to the private sector that has been a hallmark of this administration's domestic agenda," said Colleen Kelley, president of the National Treasury Employees Union. "The smart, cost-effective step to take for taxpayers is to keep the work of the public in the hands of trained, accountable federal employees."
American Federation of Government Employees National President John Gage said the moratorium is needed to prevent OMB from imposing quotas on the number of jobs federal agencies place under competition.
"Not even contractors would dispute the point that OMB political appointees have imposed numerical privatization quotas on all agencies -- large numbers of federal employees who must be reviewed for privatization within certain periods of time -- and that all agencies are graded for compliance with the quotas, and, if necessary, punished, by OMB in the budget process," Gage said.
The 2008 omnibus spending bill included a provision that prevented OMB from directing agencies to conduct any A-76 study. But, Gage said, OMB has not issued any guidance to implement the law. OMB officials said they no longer use quotas and do not direct agencies to conduct competitions.
The White House opposes the one-year moratorium, arguing that competitive sourcing studies completed since fiscal 2003 are expected to produce more than $7 billion in savings.
"A moratorium would inappropriately interfere with agencies' ability to manage resources in the most cost-effective manner," said Robert Shea, associate director for administration and government performance at OMB, last month.
The appropriations measures are the latest in a series of congressional actions to bring to an end to competitive sourcing, one of the Bush administration's signature management policies.
In the past several years, Congress has passed legislation that excluded health care and retirement benefits from the cost comparison process, established protest rights for federal teams on the losing end of the competitions and halted all new competitions at nine key agencies.
The Senate bill also encourages federal agencies to begin insourcing jobs currently performed by contractors. The legislation recommends A-76 competitions as one method to begin converting these now-contract positions into federal jobs.
"The heads of executive agencies ... shall devise and implement guidelines and procedures to ensure that consideration is 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," the bill states.
Lawmakers point out that special consideration should be given to any job that has been performed by a federal employee during the past decade, new jobs that are similar to ones previously performed by federal employees and work that has been awarded to a contractor on a noncompetitive basis or to a contractor that has "performed poorly, as determined by a contracting officer" during the past five years.
The Senate Appropriations bill also mirrors the House legislation by ending the Internal Revenue Service's controversial use of private collection agencies to track down delinquent taxpayers.
The debt collection program has been criticized by unions, Democrats and the national taxpayer advocate. Opponents argue that debt collection is a core government function and the program is inefficient and could invade taxpayers' privacy. Independent watchdogs have also criticized the financial viability of the program.
Previous House and Senate attempts to end the program have failed.
COMMENTS
- Delivering service on federal installations will be a tremendous challenge for both in house and contractor providers. One major reason will be the aging work force and the fact that the younger generations are not entering these industries in sufficient numbers to back fill retiring workers. Regardles of the direction taken I would encourage decision makers to factor this consideration into their strategies. Carlos Garcia Posted July 18, 2008 11:59 AM
- This legislation is the charade, not A-76. Use of the word "outsourcing" to identify the A-76 program is political hooey from unions. For years and years, the "in-house" win rate by the Federal "MEO" bids has averaged near 80% on the many, many hundreds of A-76 competitions that have been completed. In addition, there has been so much "inside" gaming on A-76 competitions that many private firms will no longer futilely spend their staff resources and money on the expense of putting together and submitting proposals for A-76 competitions. The number of A-76 competitions resulting with private sector "no bids" (i.e., only the federal bid gets submitted) has skyrocketed in recent years. Moreover, cold hard historical numbers and facts clearly and decisively prove A-76 is NOT an "outsourcing" program. No..... what riles unions is that each time the government wins it is by virtue of having a "most efficient organization" (MEO) that is smaller than the original "announced" (pre-bid) organization. By their very nature, these pre-bid organizations are less efficient and more wasteful than the winning "MEO". Union officials don't care about that though, and will never admit to or acknowledge the truth that these improved FEDERAL efficiencies are and have been the predominant outcome of the A-76 program for years. These Federal MEO efficiencies have also been the true gift of the A-76 program to all American taxpayers, to whom the workforce ultimately owes allegiance. BD Posted July 16, 2008 2:18 PM
- As Union Chapter President I have been fighting against A-76 Competitive Sourcing competitions at the Department of Energy for many years. It now looks like we and the taxpayers are finally making some progress. The supposed savings over time by outsourcing Federal work are grossly inflated by management in order to justify the A-76 program. Using DOE as an example, Federal expenses associated with running competitions are not accurately considered in the projected savings. In one competition NONE of the Federal travel costs and NONE of the salary/benefits costs directly associated with the competition were considered. This totally disregarded DOE's need to hire contractors and more Feds to complete work that would have been left undone by those Feds involved in the A-76 effort. One competition was won by a contractor even though the Federal proposal costs were considerably lower than the winning bid. The reason, "the contractor's proposal had a much lower hourly rate for each employee." True but that was eclipsed by the fact that the proposal called for an even greater cost due to a higher total number of man hours to complete the work. Hopefully this Congressional action marks the end to "Voodoo Economics." Barry Clark Posted July 15, 2008 2:29 PM









