Title: The Human Resources Role in
1- The Human Resources Role in
- Competitive Sourcing
2Topics
- Presidents Management Agenda (PMA)
- Office of Management and Budget (OMB) Roles
- Competitive Sourcing Rules
- The FAIR Act and Inherently Governmental
Inventory Process - A-76 Competition Process Overview
- Human Resource Advisor (HRA)
- The HRA Five Step Organization Change Process
- Summary
- Questions
- Formal Guidance
- Acronyms
- Backup Materials
3The Presidents Management Agenda (PMA) Objectives
- Why does the President have a Management Agenda?
- The President has called for a Government that
focuses on priorities and executes them well. By
focusing on performance the Government can
achieve the desired results at limited additional
cost or, in some cases, a reduction in spending. - What is the President's Management Agenda?
- It is a bold strategy for improving the
management and performance of the Federal
Government. The Agenda contains five
Governmentwide goals to improve federal
management and deliver results that matter to the
American people.
Source www.results.gov
4The Presidents Management Agenda Goals
- What are the Five Governmentwide Goals?
- Strategic management of human capital
- Competitive sourcing
- Improved financial performance
- Expanded electronic government
- Budget and performance integration
- Why were these five goals chosen?
- The President's Management Agenda is designed to
address the most apparent deficiencies where the
opportunity to improve performance is the
greatest - The Presidents Management Agenda focuses on
remedies to problems generally agreed to be
serious, and commits to implement them fully
5The Office of Management and Budget (OMB) Roles
- Administers the Presidents Management Agenda
- Applies scorecard criteria to measure agencies
progress toward achieving goals - Is responsible for working with agencies to
implement Proud to Be goals - Oversees implementation of the Federal Activities
Inventory Reform (FAIR) Act - Publishes Circular A-76, Performance of
Commercial Activities - New rules as of May 29, 2003
6Competitive Sourcing Rules
- The Federal Activities Inventory Reform (FAIR)
Act - Has been a management tool since 1998
- Requires agencies to publish a list of commercial
activities for challenge and appeal by interested
parties - Forms the basis for an agencys determination and
selection of candidates for public-private
competition - OMB Circular A-76, Performance of Commercial
Activities - Has been a management tool since the 1950s
- Is a regulated and structured process for
conducting public-private
competition - Requires agencies to publish lists of inherently
governmental activities for challenge and appeal
by interested parties
7The FAIR Act and Inherently Governmental
Inventory Process
- Annually
- Office of Management and Budget (OMB) transmits
instructions to agencies for inventories
preparation - Agencies develop their inventories and submit
them to OMB by June 30 - OMB consults with agencies on the composition of
inventories - OMB posts a Federal Register notice
(www.nara.gov) stating inventories are available
for public review and challenge - Agencies
- Make their inventories publicly available
- Transmit copies of the inventories to both houses
of Congress - Initiate and resolve challenges and appeals
- If needed, transmit updated inventories to OMB
and Congress
8The FAIR Act and Inherently Governmental
Inventory Process
- OMB Circular A-76, Inherently Governmental
Definitions - An inherently governmental activity is an
activity that is so intimately related to the
public interest as to mandate performance by
government personnel. These activities require
the exercise of substantial discretion in
applying government authority and/or in making
decisions for the government. Inherently
governmental activities normally fall into two
categories - the exercise of sovereign government authority or
- the establishment of procedures and processes
related to the oversight of monetary transactions
or entitlements. - The Competitive Sourcing Official shall justify,
in writing, any designation of government
personnel performing inherently governmental
activities.
9The FAIR Act and Inherently Governmental
Inventory Process
- OMB Circular A-76, Inherently Governmental
Definitions (continued) - An inherently governmental activity involves
- binding the United States to take or not to take
some action by contract, policy, regulation,
authorization, order, or otherwise - determining, protecting, and advancing economic,
political, territorial, property, or other
interests by military or diplomatic action, civil
or criminal judicial proceedings, contract
management, or otherwise - significantly affecting the life, liberty, or
property of private persons or - exerting ultimate control over the acquisition,
use, or disposition of United States property
(real or personal, tangible or intangible),
including establishing policies or procedures for
the collection, control, or disbursement of
appropriated and other federal funds.
10The FAIR Act and Inherently Governmental
Inventory Process
- Commercial Activity Definition
- A commercial activity is a recurring service that
could be performed by the private sector and is
presently resourced, performed, and controlled
by the agency through performance by government
personnel, a contract, or a fee-for-service
agreement. - A commercial activity is not so intimately
related to the public interest as to mandate
performance by government personnel. - Commercial activities may be found within, or
throughout, organizations that perform inherently
governmental activities or classified work.
11The FAIR Act and Inherently Governmental
Inventory ProcessCommercial Activity Reason Codes
12A-76 Competition Process Overview
13OMB Circular A-76 Competition Officials
- Performance Work Statement (PWS) Team Leader
leads a team of functional experts to develop the
PWS and Quality Assurance Surveillance Plan
(QASP). - Contracting Officer (CO) works with the PWS Team
Leader to publish the work requirements in
FedBizOpps and conducts the competitive
procurement process. - Agency Tender Official (ATO) leads a team of
functional experts (the Most Efficient
Organization team) to prepare the agencys
tender. - Human Resource Advisor (HRA) performs employee
relations assistance and assists the ATO to
prepare the agencys tender. - Source Selection Authority (SSA) is responsible
for making the source selection decision and
appoints the Source Selection Evaluation Board
(SSEB) members.
14OMB Circular A-76 Competition Officials
- Required Independence (Firewalls)
- Red Boxes Centralized Oversight
- Green Boxes PWS Team Leader PWS Team, CO, SSA,
SSEB, TET - Blue Boxes ATO, MEO Team Leader, MEO Team, HRA
14
15Human Resource Advisor (HRA)
- The HRA shall
- be an inherently governmental agency official and
a human resource expert, - comply with this A-76 circular, and
- be independent of the
- Contracting Officer,
- Performance Work Statement team,
- Source Selection Authority, and
- Source Selection Evaluation Board.
16Human Resource Advisor (continued)Employee and
Labor-Relations Requirements
- The HRA shall, at a minimum, perform the
following - interface with directly affected employees (and
their representatives) from the date of public
announcement until full implementation of the
performance decision, - identify adversely affected employees,
- accomplish employee placement entitlements in
accordance with 5 CFR Part 351 (reduction-in-force
procedures), - provide post-employment restrictions to
employees, - determine agency priority considerations for
vacant positions and establish a reemployment
priority list(s) in accordance with 5 CFR Part
330, and - provide the Contracting Officer with a list of
the agencys adversely affected employees, as
required by this attachment and FAR 7.305(c)
regarding the right of first refusal for a
private sector performance decision.
17Human Resource Advisor (continued)MEO Team
Requirements
- The HRA shall assist the ATO and MEO team in
developing the agency tender. During development
of the agency tender, the HRA shall be
responsible for - scheduling sufficient time in competition
milestones to accomplish potential human resource
actions in accordance with
5 CFR Part 351 Reduction in Force, - advising the ATO and MEO team on position
classification restrictions, - classifying position descriptions, including
exemptions based on the Fair Labor Standards Act, - performing labor market analysis to determine the
availability of sufficient labor to staff the MEO
and implement the phase-in plan,
18Human Resource Advisor (continued) MEO Team
Requirement
- The HRA shall assist the ATO and MEO team in
developing the agency tender. During development
of the agency tender, the HRA shall be
responsible for - assisting in the development of the agency cost
estimate by providing annual salaries, wages,
night differentials, and premium pay, - assisting in the development of the timing for
the phase-in plan based on MEO requirements, and - developing an employee transition plan for the
incumbent agency organization early in the
standard competition process.
19Human Resource Advisor (continued)Additional
Responsibilities
- Cancellation of a Streamlined or Standard
Competition - The HRA shall notify directly affected employees
and their representatives of the cancellation - Cancellation of a Solicitation
- The HRA shall notify directly affected employees
and their representatives of the cancellation - Performance Decision
- The HRA shall notify directly affected employees
(and their representatives) of the performance
decision
20The HR Five Step Organization Change Process
- From The Human Resources Role in Managing
Organization Change, FPMI, 2004.
21Step 1. Pre-plan the Organization Change Effort
- Begins when an activity considers conducting an
A-76 competition - Meet with the Activity Head to discuss the HR
role - Select HR advisors and team members who will
participate in the effort - Develop the HR Action Plan
- Assist the Activity Head in understanding union
involvement
22Step 2. Plan the Organization Change Effort
- Begins upon announcement of A-76 competition
- Assist with developing the Action Plan and
Communication Plan - Review existing recruitment and promotion actions
- Plan and perform actions to manage employee
attrition - Assist with briefing the Activity Head
- Develop the employees information profile for
verification - Distribute the revised information profile to the
affected employees - Assist in preparing and presenting the Workforce
Briefing - Identify employees whose performance is less than
satisfactory - Address personnel issues from employees
- Establish a Human Resources technical reference
library
23Step 3. Prepare to Develop the Organization
Change Management Plan
- Begins with development of the Performance Work
Statement - Collect position descriptions for all affected
positions - Determine and revise competitive areas, levels,
and service computation dates - Identify salaries and wage rate determinations
- Prepare the Labor Market Analysis
- Provide advice to the A-76 team on qualification
and classification issues
24Step 4. Develop the Organization Change
Management Plan
- Begins with development of the Agency Tender
- Assist the A-76 team to develop the proposed Most
Efficient Organization Staffing Plan - Review and finalize all proposed Management Plan
position descriptions for all affected positions
in the activity - Conduct the mock RIF and assist with computing
one-time conversion costs - Provide support to the A-76 team to develop the
Most Efficient Organization - Assist the A-76 team in developing personnel
costs - Determine and prepare recruitment actions
- Advise the Activity Head of RIF
implications/timeliness issues - Participate in writing the Phase-in or Transition
Plan
25Step 5. Implement the Organization Change
- Begins upon Performance Decision
- Staff the Most Efficient Organization
- Conduct HRM transition actions
- Conduct outplacement actions
- Coordinate Right of First Refusal for contractor
vacancies - Maintain post-organization change accountability
26Summary
- The Human Resource Advisor
- communicates with labor representatives and
employees throughout the competition to interpret
and apply personnel rules, - works with the Agency Tender Official and the
Most Efficient Organization Team to correctly
apply position classification standards in
developing the MEO staffing plan, and - develops and assists in implementing the HR
transition plan as part of the Phase-in Plan.
27QUESTIONS?
28Formal Guidance
- Federal Activities Inventory Reform (FAIR) Act of
1998 - OMB Circular A-76, Performance of Commercial
Activities, May 29, 2003 (www.omb.gov) - Federal Acquisition Regulation (FAR)
(www.gsa.gov) - Other applicable acquisition regulations
- Departmental guidance
- Presidents Management Agenda (PMA) for
Competitive Sourcing (www.results.gov)
29Acronyms
- ATO Agency Tender Official
- CFR Code of Federal Regulations
- CO Contracting Officer
- CSO Competitive Sourcing Official
- FAIR Act Federal Activities Inventory Reform Act
- FAR Federal Acquisition Regulation
- FTE Full-Time Equivalent
- HRA Human Resource Advisor
- MEO Most Efficient Organization
- OMB U.S. Office of Management and Budget
- PMA Presidents Management Agenda
- PWS Performance Work Statement
- QASP Quality Assurance Surveillance Plan
- ROFR Right of First Refusal
- SCF Standard Competition Form
- SLCC Streamlined Competition Form
- SSA Source Selection Authority
- SSEB Source Selection Evaluation Board
30Backup Materials
31Successful organization change requires
- Active leadership involvement
- Ongoing communication
- Continuous project planning and execution
- Trained and motivated team members
- Pro-active human resource specialist involvement
- Timely resolution of issues
- Expert consultant support (as needed)
Remove one of these elements and the
organization change efforts success is
diminished.
32Competition Types
- Streamlined Competition
- 65 or fewer FTE
- 90 days to complete (Up to 135 days with approved
waiver) - Standard Competition
- any number of FTE
- 12 months to complete (Up to 18 months with
approved waiver)
33Competition TypesAdvantages and Disadvantages
- Competition in General
- Advantages
- Can result in cost avoidance and hard dollar
savings - Can help achieve human capital planning goals
(e.g., integration with staffing plans) - Can help managers to better determine and
allocate funding priorities - Disadvantages
- Is generally disruptive to the organization
- Requires diversion of staff away from their
routine duties - Will likely negatively impact already existing
organizational problems
34(No Transcript)
35Competition TypesStreamlined Competition
- Activities with 65 or fewer FTE
- 90 days to complete (Up to 135 days with approved
waiver) - Requires FedBizOps postings
- May require issuing a solicitation
- Requires development of a MEO (11 or more FTE)
- Requires 10 Cost Differential be applied for 11
or more FTE - Compares cost of existing organization or MEO to
comparable private sector or public reimbursable
source cost - Requires issuance and conformance with a Letter
of Obligation if agency tender prevails - Final decision is not contestable
36(No Transcript)
37Competition TypesStandard Competition
- 12 months to complete (Up to 18 Months with
approved waiver) - The CSO may grant a waiver beyond 12 months if
the CSO - expects the competition to be particularly
complex - signs the time limit waiver before public
announcement and - provides a copy of the time limit waiver to the
Deputy Director for Management, OMB, before
public announcement. - Requires FedBizOps postings
- Requires issuing a solicitation
- Requires development of an agency tender
- Requires issuance and conformance with a Letter
of Obligation if agency tender prevails