December 18, 2002 DRAFT USDA, Forest Service Competitive Sourcing Handbook for Business Case Analysis (BCA) and Direct Conversion (DC) Studies DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 TABLE OF CONTENTS INTRODUCTION………………………………………………………………………3 DIRECT CONVERSIONS……………………………………………………………...5 BUSINESS CASE ANALYSIS…………………………………………………………6 EXPRESS PROCESS……………………………………………………………………7 FOREST SERVICE SEVEN STEP PROCESS…………………………………………7 Step 1. Pre-Planning……………………………………………………………..8 Step 2. Announcing the Study………………………………………………….16 Step 3. Developing the PWS and QASP……………………………………….16 Step 4. Developing the In-House Cost Estimate……………………………….17 Step 5. Developing the Market Analysis (4 Comparable Contracts)………..…17 Step 6. Developing the Tentative and Final Decision………………………....18 Step 7. Implementation………………………………………………………...19 2 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 INTRODUCTION This USDA Forest Service Competitive Sourcing Handbook is intended to provide additional guidance to enable Express, Business Case Analysis (formerly Streamlined), and direct conversion A-76 studies to be completed within the desired timeframes. It is a mix of recommended as well as Office of Management and Budget (OMB) guidance. The OMB Circular A-76 takes precedence if this Guidebook conflicts with the Circular. This handbook has been modified to reflect the new proposed A-76 guidance, and as a result slightly differs from what was presented in the November 2002 Reno and Arlington training sessions. It may need to be further modified once the Final A-76 Circular is issued and as we gain practical experience. This Guidebook organizes the A-76 study process into a series of required or recommended actions and identifies milestones throughout the process. Each action and milestone encompasses issues that must be resolved in a timely manner. To expedite the process, some actions can be conducted simultaneously. However, a significant number of actions involving procurement and contracting must be performed sequentially. To complete an A-76 study within a reasonable timeframe requires a concentrated effort, dedicated resources, and proactive leadership. There are four approved types of competitive sourcing studies that the Forest Service will use during FY 2003. These include the Standard Competition (also called Full Study), Business Case Analysis (BCA) (previously called Streamlined), Express Reviews, and Direct Conversions. USDA informed the Forest Service that the Express procedure may be used through FY 2003, and will not be available afterwards. The standard A-76 competition is very complex and will be completed with the assistance and oversight of the Competitive Sourcing Washington Office and with consultant support. Guidance for the BSA and direct conversion can be found in the new proposed OMB Circular A-76; however, we have expanded on this and have provided additional guidance for the field activities to use. The USDA has issued guidance on the Express Procedure. Responsibilities. Below are the basic responsibilities of levels of the organization in regards to Competitive Sourcing. Washington Office (WO) Program Office. This office will communicate with the National Leadership Team, develop strategies, provide guidance, make guidance interpretations, monitor accomplishments, and interact with outside organization such as the USDA Competitive Sourcing Office and OMB. It may lead Station-wide and WO studies. 3 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Competitive Sourcing Service Center. This office supports all full studies and assists the field with their studies. It provides technical assistance to the agency and maintains all records of competitive sourcing studies. Region and Station Programs. Each Region and Station should identify a person to lead the unit’s competitive sourcing program. This should be the primary responsibility of the Regional contact. Acquisition and Human Resources Offices. Each Acquisition and Human Resources should have at least one individual trained in competitive sourcing. Employee Involvement. Employees are a valuable asset and the best source for telling us how to improve. Their involvement is critical to successfully completing the A-76 process. The arenas that affected employees should participate include reengineering efforts, workload determination, and functional and subject matter experts. Employees should feel that they could play a role in deciding their ability to compete and have the full understanding that it is a competition. Involvement on actual teams by affected management personnel and employees should be scrutinized due to conflict of interest appearances and the loss of first right of refusal entitlements that could be applied in the case of a contractor win. It is important that all the study team members, the supervisors, and the line officers communicate with employees and with their bargaining unit representative, if appropriate. When possible, employees may be given the opportunity to assist with the study. For example, they may assist with the Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP) development, locate possible examples of comparable contracts, and provide workload data. Conflict of Interest. It is important to understand that during these studies any appearance of bias toward the Government proposal is deemed an unfair advantage and can lead to appeals and serious consequences such as overturning Government “wins” and award to private contracts. The A-76 process is considered a procurement process whether the Government or private industry wins. All of the regulations for procurement sensitivity must be maintained in order to sustain the integrity of the study. The separation of the PWS and the Most Efficient Organization (MEO) teams in a full study is mandatory and must be meticulously documented. In BCA studies, the person preparing the Government costs should not be the same person performing the market analysis on existing contracts. 4 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 DIRECT CONVERSIONS Direct Conversion is permitted when changing to or from an agency, private sector, or public reimbursable source if a commercial activity meets any one of the following criteria: 1) Small Activity. An activity is or will be performed by an aggregate of 10 or fewer civilian employees. 2) No Employee Impact. An activity is performed by civilian employees and: (a) all directly affected Federal civilian employees with the agency are on permanent appointments and are reassigned to comparable Federal Positions or voluntary retire; or (b) agency Federal civilian employees are on time limited appointments. 3) R&D. An activity provides direct research and development (R&D) commercial activities providing R&D support shall be subject to the Competition requirements of the OMB Circular A-76. 4) Direct Patient Care. An activity provides direct patient care at Government-owned hospitals. Other commercial activities performed at Government-owned hospitals shall be subject to the requirements of the OMB Circular A-76. 5) Military. An activity is performed by military personnel. 6) National Defense and Security. An activity is necessary for National Defense or Intelligence Security. The Secretary of the agency, with the prior written concurrence of the Deputy Director for Management, OMB, shall authorize this type of direct conversion. 7) Javits-Wagner-O’Day. An activity may be converted to a source administered pursuant to Section 2 of the Javits-Wagner-O’ Day Act (41 U.S.C 44, 46-48) 8) Competition Waiver. An activity for which a Competition Waiver has been approved. 9) Business Case Analysis. An activity for which a BCA has been performed. 10) Law. An activity where direct conversion is permitted by law. Direct Conversions should only be used when it is to the agency’s advantage to use them. The agency will use the OMB Circular A-76 as guidance to make direct conversion decisions. 5 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 BUSINESS CASE ANALYSIS (BCA) BCA is best used to study activities performed by a limited number of employees and the agency believes that the current (As Is) unit is both efficiently and effectively organized. This streamlined approach does not incorporate MEO development or a solicitation, and should be conducted in a matter of weeks. It is acceptable to reengineer, conduct a business process analysis, or reorganize to improve efficiency prior to the beginning of the BCA. BCA studies must make a written certification that the activity being analyzed meets the following criteria: 1) 2) 3) 4) The activity is or will be performed in aggregate by 50 or fewer agency civilians; The activity is commonly provided by the private sector to the Federal government by contracts of comparable, size, workload and scope; The activity has no more than $5,000 in asset purchase requirements and will be predominately Government furnished/contractor operated; 5) The business case can be made on a limited analysis of labor cost, material cost, and level of performance; 6) The time-frame from the certification to conduct a Business Case Analysis to completion of the business case analysis does not exceed fifteen working days; 7) The cost of converting the activity to another source is fair and reasonable; 8) The activity has not been reorganized or restructured for the sole purpose performing a Direct Conversion to avoid the Standard Competition requirements of the OMB Circular A-76; 9) An MEO was not created for consideration in a Business Case Analysis for conversion from agency performance to private sector or public reimbursable performance; and 10) Market surveys were not used in lieu of actual contracts. Note: If it is clear to management that a BCA will result in a outsource decision; management should use direct conversion rather than BCA. To perform a BCA, the designated CS study team shall (1) provide the Contracting Officer (CO) a description of the workload and (2) develop a management plan. An MEO shall not be developed when considering conversion from agency performance to a private sector source or public reimbursable source (the BCA shall be based upon agency’s current organization, costs, performance and structure). Agency Cost Estimate will then be calculated and submitted the CO in a sealed package. Upon submission of the sealed package, the CO shall: (1) identify four comparable, existing, fixed price, Federal contracts of similar size, workload and scope but shall not issue a solicitation at this point in the process. Existing public reimbursable agreements may be used but all costs shall be adjusted to reflect he total cost to the taxpayer in accordance with the costing requirements of the OMB Circular A-76). The CO then must determine that selected contracts are reasonably grouped; (3) select the low contract price; and (4) open the management plan, 6 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 complete, and sign the Standard Competition Form. If the CO determines that the selected contracts (or ISSAs) cannot not be reasonably grouped or if four comparable contracts (or ISSAs) are not available to perform a Direct Conversion, the agency shall perform a Standard Competition in accordance with the Circular A-76. EXPRESS PROCESS The Express Process is similar to the Business Case Analysis (BCA), but there are several key differences. Express procedures can only be used for studies of 10 or fewer FTEs. Express should use contracts to base market costs, but if these are unavailable, this procedure can also compute costs using schedules, such as GSA schedules, or request estimates from vendors. There is no requirement to complete the Express study in 15 working days. With Express, the agency must convert to an outside source only when the agency cost exceeds the most expensive option. When the agency cost is less than the most expensive option, it is management’s discretion whether to outsource the work. With BCA, the agency cost is compared to the least expensive contract. Use the USDA Guidance on Express Procedure as guidance. In addition, please follow the Seven Step Process described below. FOREST SERVICE SEVEN STEP PROCESS The following are the steps for a Business Case Analysis or an Express Study. The seven steps are required, but units can modify some of the recommendations within each step. Stay consistent with OMB Circular A-76 and check with the Competitive Sourcing Service Center for their opinion on whether your modifications appear consistent with Circular A-76 and FS guidance. In regards to an Express study, stay consistent with the Circular A-76, the USDA Guidance on Express procedures, and any FS Guidance. The seven steps are: 1. Pre-planning. 2. Announcing the Study 3. Developing the PWS and QASP 4. Developing the In-house cost estimate 5. Developing the Market Analysis (4 comparable contracts) 6. Announcing the Tentative and Final decisions 7. Implementation 7 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Step 1. Pre-planning. The pre-planning step may take some time. The major items to accomplish are: a) Assign role responsibilities (lead, CO, TRO, HRA, and ATO) b) Develop proposed timetable and strategy c). Ensure proper resources to complete the study d) Defining the business unit. e) Collateral duties f) Ensuring that the unit is efficiently and effectively organized. g) Personnel management The following is our recommendation in regards to each of these requirements: a) Assign role responsibilities. Anyone can propose role assignments, but ultimately these assignments should be reviewed by the TRO, and approved by the ATO. Before the cost comparison begins, team members should be identified. At a minimum, the following responsibilities must be identified: Study Lead (SL) Contracting Officer (CO) Technical Reviewing Official (TRO) HR Advisor (HRA) Agency Tender Official (ATO) Study Lead. A SL is assigned to conduct and oversee the study. The SL is assigned all responsibilities associated with the completion of all study activities: ensuring adequate documentation of requirements, performing cost analysis, developing timelines, etc. The SL should possess analytical skills and be organizationally positioned so that he/she can conduct the study without strong bias or influence. The person or team conducting the study should not be in the immediate chain of command for the activity being studied (i.e. the first line supervisor). Additional team members (i.e., representatives from the functional organization, human resources, contracting office, legal, etc.) are assigned to assist the SL, as needed. The SL could also be the TRO and/or the HR Advisor. This person should understand the work and is typically from the same organizational level that is being studied. This person cannot be in the unit being studied, or the supervisor of that unit. Example: Forest-Wide study of Building Maintenance - the SL could be a GS-11 civil engineer (but not the forest engineer) from the forest 8 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 SL Responsibilities: Ensuring That the Study Is Completed on Schedule Clarifying the Positions in the Business Unit Determining the Percentage of Time These Positions Provide the Service Identifying Additional Costs Developing the Performance Work Statement (PWS) Developing the Quality Assurance Surveillance Plan (QASP) Identifying Possible Vendors and Obtaining Existing Contracts for Comparison Contracting Officer (CO). This person should be an inherently governmental contracting official. Contracting Officer Responsibilities: Ensuring any FedBizOps notifications. Reviewing the PWS and QASP Developing the Market Analyses (4 comparative contracts) Award contract if decision goes to contractor Technical Reviewing Official (TRO): The TRO must be experienced in Competitive Sourcing and could handle several studies concurrently. This person is typically not in the unit under study. For example, the TRO could be the Regional Competitive Sourcing lead, a specialist in the RO acquisition staff, or a detailer operating from a virtual location. Technical Reviewing Official Responsibilities: Providing Advice and Assistance to managers, employees, and study members. Ensuring Proper Business Unit Determination (Packaging) Reviewing the Quality of the Data and Making Adjustments If Needed Reviewing the In-House Cost estimate. Finalizing a Draft of the Study to Submit to the Agency Tender Official Note: Conflict of Interest Caution. The Reviewer responsible for the government costs must not be the same reviewer preparing the market analysis. Agency Tender Official (ATO): This is an inherently governmental agency official with decision-making authority. This will be an SES position that generally is one organizational level above the studied “Business Unit”. Example: This could be the Regional Forester for a Region-wide, Forest-wide or smaller study. It may be both SESers for studies involving two units (e.g. R-6 and PNW) or a Deputy Chief. The ATO may not serve in any other role 9 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Agency Tender Official Responsibilities: Ensuring the Study Is Fair and Accurate Ensuring Sufficient Resources to Accomplish the Studies on Schedule Approving the key officials (lead, CO, TRO, and HRA) Acting as the Decision Authority for Questions Pertaining to Definition of the Business Units Certifying the In-house Cost Estimate Making Both the Tentative and Final Decisions Human Resources Advisor (HRA): This will be human resources specialist who is knowledgeable of competitive sourcing procedures and requirements. The HRA could also serve as SL or TRO, but not both. HRA Responsibilities: Give HR advice to management, employees, and team members concerning any HR implications of the study. Ensure that unit is efficiently organized and staffed prior to the beginning of the study. Determine the positions included in the study. Ensure that bargaining unit obligations are met, if appropriate. If needed, lead any outplacement efforts. Example of role assignments. An example of these roles with a Forest-wide roads and grounds maintenance study could be a GS-11 engineer assigned the SL, the Forest personnelist the HRA, Forest Contracting specialist the CO, the Regional Competitive Sourcing lead the TRO, and Regional Forester the ATO. SL Determining Business Unit Definition Identifying resources Announcing the Study Identifying positions in the Unit Developing PWS Developing In-House Cost Estimate Developing Market Analysis Developing Tentative Decision Approve Tentative and Final Decision CO X X HRA TRO X X X ATO X X X X X X X X X X 10 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 b) Develop proposed timetable and strategy. Anyone can propose the study plan including the supervisor of the business unit. This plan should include the timetable, strategy, and names of participants. Ultimately, this study plan should be reviewed by the Technical Reviewing Official, Competitive Sourcing Service Center, and approved by the Agency Tender Official. We recommend that the SL develop the draft study plan. c) Ensure proper resources to complete the study. The SL, TRO, and the ATO should all ensure that the proper financial and personnel resources are available to complete the study within the proposed timeframe. d) Defining Business Units (Packaging of the Study) Determination of what activities and functions are included in a study is critical. This includes identifying the core elements of the organization under study, and those associated groups that support and interact with the core function under study. Examples of business units could be: all building maintenance on a National Forest; all building and road maintenance on a National Forest; or all building maintenance across three National Forests. Anyone can draft this definition, but it normally is the responsibility of the SL and HR Advisor. The supervisor and employees in the unit can assist. The definition of the Business Unit must be reviewed by the TRO, Competitive Sourcing Service Center, and ATO. The FAIR Act Inventory is used as a starting point to identify functions. Realizing that this inventory is not 100% accurate, inventory coding should not be used as the only factor for including a function in a study. For example, if no building maintenance FTEs were identified as such in the inventory, but employees are actually performing this function, then these building maintenance functions should be studied. Defining the units and establishing the boundaries for “packaging” the function or business unit is extremely important in establishing how work will be done. Boundaries should be established in such a way that the product or service produced by the activity is adequately maintained, regardless of who wins the competition. Once boundaries are defined, consideration must be given to functions within the business unit that are inherently governmental or any that are outside of the scope (i.e. part of another organization or agency). Inherently governmental activities and activities outside the scope should be excluded from the business unit to be studied. 11 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 The following considerations will be used in determining business units: Ensure that the size of the business unit is not too small. - It may be impractical to spend the time and expense to study a business unit that costs the agency under $100,000 annually. Consider combining functions in Forests for maximum efficiency. Define business units that will likely obtain vendor proposals as well as make it likely that comparable examples can be found. - For example, do not package building maintenance with clerical support. Locating comparable contracts would be unlikely. Do not define business units to give the agency or a vendor an advantage. - For example, with a facilities maintenance study do not add receptionist duties because we believe few vendors would be interested in providing both maintenance and receptionist responsibilities or because we know that our receptionist costs are very low and we wish to use this low cost to assist with showing a low building maintenance cost. Do not attempt to minimize the number of vendors or help make the government appear more efficient, or visa versa. The agency must conduct a fair and equitable study and determine where best to obtain the service. Avoid including different tasks at different locations. - For example, with facilities maintenance, avoid including plumbing at some locations and not at others. It doesn’t matter that we already contract plumbing at a district. Include plumbing in the entire package and include the contract costs for the district where plumbing is already contracted in determining the government cost. Never define business units for the purpose of keeping within the 50 FTE BCA: - For example, do not separate a road maintenance study into two separate studies for the purpose of getting the studies under 50 FTEs. This is forbidden by A-76 rules. Do not define business units solely based on existing people and structure. - For example, if we were reviewing timber marking and a Forest has two timber marking crews, do not develop two separate business units for study. e) Collateral duties. (Note: this section is still being worked on) Due to the small size of most Forest Service units and the need to respond to emergencies, e.g. fires, our agency often assigns many collateral duties. An integral part of establishing the Government bid is to accurately define the workload in a particular function. The total functions that a fulltime employee performs constitute one year of effort. These functions must be analyzed, separated, and then categorized in an A-76 study. Generally speaking, if one function is being studied, but a person spends an estimated 25 percent of their time on a collateral duty unrelated to their main job, only 75 percent of that person’s time should be used in the analyses 12 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 on their main job. Only the portion of time that an employee performs the function under study will be counted. For example: Employee #1 performs road maintenance functions 65% of the time, fire duties 30% of the time and fills in for the office secretary 5% of the time. Employee #2 performs road maintenance functions 60% of the time, and fire duties 40% of the time. Since we are studying the road maintenance function, 65% of employee #1 and 60% of employee #2 is calculated toward the PWS, or 1.25 FTEs in this example. The agency has the option of studying both activities together, but we believe that this should be the exception rather than the rule. In most cases, combining unrelated activities would cause too much complexity and lead to possible protests. For example, it would be inappropriate to study Human Resources and Fire in the same study. It would appear that the agency is combining activities to limit the outside competition. Combining something like trail maintenance and a collateral duty such as fire suppression into a single study may be appropriate only when both trail maintenance and fire suppression activities are being studied. That is, people who do these activities as their main jobs are also being studied. This leads to the question, what happens if a study recommends outsourcing an activity that supports another work activity? For example, if trails maintenance is outsourced, who will be trained to suppress fires? (Note: this issue is being analyzed and further guidance will be issued.) f) Ensuring that the unit is efficiently and effectively organized. Business Process Reengineering (BPR) or simply abolishing excess or vacant positions is a very important tool that should be considered prior to a BCA. The definition of reengineering is radical redesign and rethinking of how to accomplish work. It is an opportunity to improve processes and adjust personnel to allow employees to become more competitive prior to announcement of an official A-76 BCA. However, even just abolishing excess or vacant positions will help improve competitiveness. It is an opportunity to improve processes and adjust personnel to allow employees to become more competitive prior to announcement of an official A-76 BCA. Adjustments that can lead to our workforce in becoming more competitive are worth pursuing and are encouraged to the extent possible in a limited timeframe. We will use two definitions for clarity: Initial organization. This is the organization prior to any modifications. In theory, it should be the organization defined in the FAIR Inventory, but it does not need to be. You will need to document this organization so cost savings can be calculated. 13 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 “As Is” or Business Unit. This is the organization that is being studied. In theory, it is the agency’s “most efficient organization”, but be aware that in theory an MEO is not developed with a BCA or Express. The cost of the “business unit” will be calculated by the study. Initial organization. Please document the initial organization. You will need to compute the cost of the initial organization and Business Unit in both an Express and BCA study. “As is” or Business Unit. The initial organization should be reengineered to become more efficient, the results of which are the “as is” organization. The cost of the “as is” organization is then compared to the cost of other potential bidders. Any major reengineering or restructuring still requires all appropriate FS requirements (e.g. Civil Rights Impact Analysis) and approvals prior to the beginning of the study. Minor adjustments, like abolishing individual positions, may be immediately made in many cases. If reorganization has been approved, but not all surplus employees have been placed, the study can proceed assuming that the surplus position has already been abolished. The HRA should ensure that reengineering is considered and implemented prior to the study. A narrative description of the business unit should be contained in the final report. The HRA should document the name, series, grade of each employee in the “initial organization” and the “As is” business unit should be listed on separate spreadsheets. A blank spreadsheet is available on the web site. Prior to the beginning of a BCA, management should review the organization to be studied to determine if there are any reasonable adjustments or reengineering that should occur prior to the study to make the organization more competitive. Review should include input from employees and their Union representatives. Resulting actions could be actions such as abolishing vacant positions, adjusting overhead and supervisory structures, business process reengineering (BPR), or readjusting work assignments. The supervisor of the unit and the ATO should be comfortable that the business unit is performing their responsibilities at an acceptable level of performance. Generally speaking, if the activity stays in-house, the business will need to perform at an acceptable level of performance or be outsourced. Once the study officially begins, the agency cannot reorganize or make other adjustments to work processes to become more efficient. If the in-house organization wins the competition, the unit must maintain the organization for at least 24 months. If the unit needs additional staff or support to maintain adequate performance, the express or BCA must be revisited based on the new organization and it may have to be re-competed. 14 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Reengineering efforts are not limited to the FY 2003 studies. All units should consider utilizing this process sooner rather than later in order to maximize the ability to become more efficient before competition. These reengineering efforts must be put in place immediately and will then become the new As-Is Organization that the streamline study will then do a cost comparison on. Also sharing of Best Practices is an integral part of reengineering in an organization. In many cased there are one or more units that have developed processes and procedures over time that could be perceived as a better way to do business. These units are asked to share their information to help other units to develop or adopt these efficiencies. It is the intent of the WO to develop a Best Practices web site that allows units to post these “Best Practices” for widest dissemination. Prior to the establishment of the web site, we encourage sharing this information with other units through existing networks and relationships. g) Personnel management. (Note: this section is still being worked on) In conjunction with or prior to the announcement of a study, management should implement a plan to minimize the likelihood of a reduction in force. This should include an employment freeze that may be directed nationally or could be implemented only for the unit being studied. Once a study has officially begun, the unit rarely should fill vacant positions within the functions being studied with permanent or term appointments. The procedure for exceptions to the freeze should be clarified in the announcement. Any job advertisements must point out that the position is under a competitive sourcing study and the agency must document that they notified any employee who is reassigned into a position under study (or similar personnel action, e.g. transfer, etc.). Positions may typically be filled with temporary, other non-permanent, or contract employees. Units could convert students from the Student Career Employment Program (SCEP). Once an in-house win is tentative announced, the freeze should be lifted to allow the unit to begin filling vacancies, if applicable, but selected employees should still be notified that the decision is not yet final. Post-study adjustments in personnel, whether resulting from loosing the competition through outsourcing or through reengineering, can be done by using the existing processes, such as WRAPS. Additional personnel adjustment mechanisms, such as reduction in force and targeted buyouts are being investigated. 15 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Step 2. Announcing the Study A formal announcement letter will be sent to employees, affected bargaining units, and to the private sector announcing the official start of studies. This letter will be coordinated by the Competitive Sourcing Service Center office and can be signed by the ATO. A sample announcement letter can be found on the CS website http://fsweb.wo.fs.fed.us/pma/main/CS.shtml. The CO is responsible for drafting and coordinating the official announcement in FedBizOps. The letter will be annotated with the official start date of the study. And once a decision is made for a study to either remain in-house or to be contracted out, the CO shall announce the decision or delegate that announcement responsibility to another official. Note: Formal announcements should be done after any reengineering efforts have been implemented. Step 3. Developing the Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP) Development We recommend that the SL, with assistance from the CO, develop the PWS and QASP. The supervisor of the business unit and studied employees can provide assistance. The accurate and comprehensive development of the PWS is critical. This document must describe the work to be performed including results or outcomes. This must be written in such a way that accurate and valid market research can be accomplished. The PWS is the key to accurate costing and workload projections for both the Government bid and market research. Standards and regulations that must be maintained are incorporated into this document in order to minimize the possibility of low bidders. The first step in the process is to gather the minimum amount of product and/or service workload requirements for use in identifying existing or recently expired contracts/ISSAs with similar requirements. Minor modifications are then made to PWS of the one that most closely reflects the work to be accomplished. The intent is to avoid development of a new or original Performance Work Statement if one already exists. If there are no existing or recently expired contracts or ISSAs, the SL will use the data gathered to assist in the development of a Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP). Sample PWSs are on the FS Competitive Sourcing website http://fsweb.wo.fs.fed.us/pma/main/CS.shtml. PWSs and QASPs should be outcome-based, clear, quantifiable, and measurable. Generally speaking, the PWS should describe “what” needs to be done, not “how”. Examples of data include information on the current organization, its mission, and function(s) being studied; identification of available historical workload and indicators of future workload requirements; current staffing levels, facilities and equipment; work measures and standards; and the customer base. 16 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 A major part of the PWS is to determine workload. It is important to identify “how much” of each PWS activity is performed and this data must be accurate. A standard study typically collects two years of past workload data. With BCA and Express, workload can be estimated, but collecting actual workload data is recommended. Be sure to document how the workload was determined and the rationale for any workload estimate. Note: The proposed A-76 guidance recommends eliminating the Independent Review (IR) and the Independent Reviewing Official (IRO). A unit would need to include this step and identify this official if conducting a Streamlined Analysis using the old rules. Assuming that the IR is eliminated when the new rules are published, this step is optional. The IRO is a management official, higher than the supervisor of the business unit, but not directly in the chain of command. The IRO should understand the work under study. The main responsibility is to certify that the PWS and QASP identify all necessary work and these documents accurately describe the workload and level of performance. For maintenance study the IRO could be a Deputy Forest Supervisor, Administrative Officer, or staff officer that is not in the chain of command of the maintenance business unit. Step 4. Developing the In-house Agency Cost Estimate. The SL generally develops this, but assistance or review by others is encouraged including the supervisor and employees in the business unit. The CO cannot have any knowledge of this estimate. Use the OMB Circular A-76 for guidance on how to compute this cost. We recommend using WinCOMPARE2 software to assist with this analysis. This software can be found on the CS webpage http://fsweb.wo.fs.fed.us/pma/main/CS.shtml. This estimate should be reviewed and edited if appropriate by the Technical Reviewing Official, reviewed by the Competitive Sourcing Service Center, and approved by the ATO. After it is approved, it should be sealed. The Technical Reviewing Official should maintain the sealed original copy and a sealed copy should be mailed to the Competitive Sourcing Service Center. Step 5. Developing the Market Analyses (4 Comparable Contracts). The CO must develop the Market Analysis. The CO may assemble what appear to be comparable studies, but can’t work on the actual review, selection, and adjustments until after the In-house Agency Cost Estimate is sealed. If the CO learns the amount of this estimate, another CO should be assigned to the study. Others may also recommend possible comparable studies to the CO. This includes the SL, supervisor of the business unit, and employees under study. Use the OMB Circular A-76 for guidance on how to compute the comparable cost. Generally speaking, the 4 representative contracts should be the most similar to the PWS requirements. For 17 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 example, FS contracts for similar work on the same unit are best, contracts from another Forest may be next best, contracts from the Park Service may be next in priority, and contracts from the military next in priority. That is, if we have 4 contracts from the same Forest, use them. Do not use cost as a selection factor. Do not locate a large number of studies across many units and use lowest cost as the selective factor. Adjustments for size of the contract, geographical location, etc. are permitted, but the rationale must be documented. The review of the comparable market analysis must follow this order. The CO must submit it to the Technical Reviewing Official for review. Adjustments can be made, but these adjustments and rationale must be documented. The next step begins immediately after the TSO concurs on the Market Analysis. Step 6. Developing the Tentative and Final Decisions. Once the market review is complete, the TRO must create the Tentative Study Report. This report announces the tentative decision and includes as enclosures: the Plan, PWS, QASP, Inhouse Cost Estimate, and Market Analysis. The ATO must approve the Tentative Study Report. Any adjustments to calculations and the rationale in the In-house Cost Estimate or Market Analysis must be documented. After coordination with the WO Competitive Sourcing Office or CS Service Center, the Tentative Decision may be announced by the ATO or line officer for the unit being studied (e.g. Forest Supervisor for a study on a Forest.) The copy of the Study Report must be mailed to the CS Service Center and to any individual who requests it. Use the OMB Circular A-76 to decide on the appropriate comment period. The CS Service Center should receive any appeals or comments concerning the tentative decision, and determine the appropriate Administrative Appeal official and review process, and coordinate corrective actions if needed. The ATO or Deputy Chief for Business Operations, if appropriate, must approve the Final Study Report. The Final Decision may be announced by the Deputy Chief for Business Operations, ATO, or line officer for the unit being studied. 18 DRAFT Competitive Sourcing Handbook for BCA and DC Studies December 18, 2002 Step 7. Implementation. a) Decision. Decision recommends agency performance. If the tentative decision supports continued agency performance, typically any employment freeze should be lifted. However, employees selected to fill vacancies must be notified that the decision is still “tentative.” After the decision is final, there is no longer a requirement to notify employees selected for positions in the business unit. One year after the final decision, the ATO should ensure that the business unit is meeting the PWS and QASP. If not, they should be given notice to improve. If they cannot, the Approving Officer should work with the CS Service Center to discuss what adjustments are possible. If the business unit still cannot meet the PWS or QASP, the work should be contracted. Decision recommends outsourcing. If the Tentative Decision recommends contracting the work, the HR Advisor should immediately begin efforts to place impacted employees. The Contracting Officer should use the PWS and QASP and immediately issue a solicitation. b) Personnel adjustments. (Note: this section is still being worked on) Post-study adjustments in personnel, whether resulting from loosing the competition through outsourcing or through reengineering, can be done by using the existing processes, such as WRAPS. Additional personnel adjustment mechanisms, such as reduction in force and targeted buyouts are being investigated. 19