Agencies Strain to Provide Oversight

The Government Increasingly Relies on Service Contracts: Defense News, Federal Times and Gannett (July 7, 2003). Across government, poor contract management poses a “high risk” to agencies for wasteful spending or worse, says the General Accounting Office in recent reports. The critique laid out here is now considered conventional wisdom.

 

By DAVID PHINNEY

At the Energy Department, the contractor-managed Los Alamos nuclear lab suffered a string of security breaches, prompting the department last month to announce a sweeping lab-management overhaul and plans to subject the Los Alamos contract to competition when it comes up for renewal.

At NASA, in the wake of the space shuttle disaster, investigators examined whether the shuttle program was overly reliant on contractors with too little oversight.

At the Federal Retirement Thrift Investment Board, a $30 million effort to give Thrift Savings Plan participants more control of their accounts via the Internet took three years longer than expected and doubled in cost. Since the new system began operation last month, it has been virtually useless to many users because of continuing glitches.

Across government, poor contract management poses a “high risk” to agencies for wasteful spending or worse, says the General Accounting Office in recent reports.

Likewise, inspectors general have cautioned agency managers of the costs of poor contract management in terms of fraud, embezzlement and unnecessary procurement costs that potentially measure in the billions of dollars.

“Generally, the federal government has been lax in its contractor oversight,” the inspectors general said in an annual progress report to the president, released in May.

So why have procurement programs emerged as such a trouble spot for federal agencies?

One reason can be found in two seemingly incompatible trends: A shrinking acquisition work force and the government’s explosive appetite for the private sector’s high-tech workers, products and services.

Between 1997 and 2001, according to GAO, procurement staffing across government shrank 5 percent while contracts exceeding $25,000 jumped 26 percent.

What’s more, the government increasingly plunks down greater sums of money on contracts for services, as opposed to products.  Of the $235 billion the federal government spent on contracts in 2001, $135 billion - or 57 percent - went to pay for services. That makes services the largest single spending category in federal contracting. Indicators are that the trend won’t go away soon.

This convergence of events adds up to daunting challenges. Fast-changing technologies and services, new trends in financing and contracting, an ever-growing procurement emphasis on services over products, and a strong drive toward competitive sourcing are all testing the boundaries of the government’s procurement work force.

“This not a cookbook business anymore,” said Jacques Gansler, undersecretary of Defense for acquisition, technology and logistics from 1997 to 2001. “There is an increasing shift in procurement toward becoming business managers. It’s a movement away from being a doer to being a manager of doers.”

Amid all of this is another concern: The government’s procurement work force - like the rest of the federal work force - is fast approaching retirement age. This offers agencies opportunity to hire new talent with modern skills, but it also threatens to sap many departments of their institutional knowledge.

Federal managers have been taking steps in recent years to increase training and education, improve recruiting and hiring to bring on employees with modern business management skills, and build more support systems for staffs.

Congress, too, is stepping up to the plate with ideas of its own.

“We simply do not have the right people with the right tools and the right skills to manage the acquisition of the services and technology that the government so desperately needs,” said House Government Reform Committee Chairman Tom Davis, R-Va. In April,
Davis wheeled out a sweeping reform proposal aimed at bolstering resources and training for acquisition professionals.

The House approved his measure May 22 as part of the $400 billion Defense authorization legislation still pending.

Davis’ package, called the Services Acquisition Reform Act, would install a chief acquisition officer at each Cabinet-level department to create a clear line of authority over procurement activities so they become fully integrated with each agency’s mission and long-term planning. The legislation also calls for increased funding for career education and expanding temporary exchange programs of federal and private employees so they can enhance their understanding of government and business.

Moreover, the legislation echoes the Bush administration’s aggressive push for a variety of performance-based contracting, an innovation in government that many hope will reap big rewards for both the taxpayer and the contractor.

Copies, Not Machines

That may be easier said than done, said retired Brig. Gen. Frank Anderson, president of the
Defense Acquisition University , which offers training to 50,000 or more workers in the acquisition field each year.

“We have to train people differently,” he said. “Performance requires you to engage earlier and be in a preventative mode rather than a reactive one. To truly be successful, you have to reach out and touch people and write their requirements in ways that say what you want instead of how the contractor will do it.”

Anderson recalls the university’s own distraction with photocopy machines.

The university first needed to write contracts with vendors to lease or buy the machines and then write more contracts for service and maintenance.

Once the photocopiers became outdated - say, every three years - they then needed replacing. That resulted in a new round of contract writing to reflect changes in maintenance needs.

Why did university officials have to go through that endless cycle? To get photocopies.

“That’s what we wanted - photocopies.”
Anderson said. “We didn’t want copy machines. We wanted the lowest cost per copy and to keep up to date with state of the art.”

So the university wrote a new contract, agreed to pay for copies and let the supplier own and service the machines. In return, every year, the school gets half a million copies and saves $40,000,
Anderson said.

If the contractor discovers a more efficient way to deliver the service with a more efficient machine, then the contractor makes more money.

“Everybody wins,” he said, “but you need early engagement and an integrated relationship so you know how best to support the mission and not just write a contract.”

Thorough engagement with the user’s objective signals a sea change for people who had earlier viewed their roles as writing specifications, stamping contracts and filing them away.

That old way of doing things no longer fits, according to Steve Kelman, administrator of the Office of Federal Procurement Policy in the Office of Management and Budget under President Clinton. Contracting people must think in three phases: setting performance goals, writing the contract and then managing it.

“The traditional procurement system was so obsessed with source selection that there were virtually no resources or psychic energy left for contract management,” said Kelman, now professor of public management at
Harvard University ’s John F. Kennedy School of Government. “But things are just beginning to change.”

One step the
Clinton administration took that helped ease the burden on shrinking procurement staffs was to introduce purchase cards to thousands of federal employees. This made it easier for federal purchasers to buy goods and services under $2,500 without having to go through bureaucratic channels. Before the cards were issued, procurement professionals were spending 40 percent of their time processing small purchases, Kelman said.

“The administrative cost on average added about $150 per item,” he said. “The government credit card helped free up our resources.”

Big Ambitions, Strapped Resources

But as the nature of contracting was changing, federal procurement staffs were shrinking drastically. After the Cold War, the Defense Department alone witnessed a 75 percent reduction in its contracting staffs - mostly those in junior positions. Other agencies made cuts to a smaller degree, something that leaves the government in need for a backup generation to replace senior contract professionals expected to retire in the coming years.

The potential for an exodus of institutional knowledge and experience is a big concern among top federal procurement officers, according to a recent candid survey sponsored by the Professional Services Council, an
Arlington , Va. , contractor organization, in conjunction with Grant Thornton LLP of Chicago.

But the expected retirement wave over the coming half-decade also brings an opportunity for agencies to revitalize their procurement staffs with younger employees who have greater knowledge of private-sector business practices, market trends and technology trends, many experts say.

 

 
 
 
 
 
 

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