National Council of Field Labor Locals
 
 
 
 
Contracting Out Our Jobs
  1. The current iteration of contracting out has been dubbed "competitive sourcing." Competitive Sourcing is one of five initiatives of the President's Management Agenda. While the competitive sourcing initiative occupies only two of 64 pages of the President's Management Agenda (pages 17-18), it will significantly impact the lives of thousands of Federal employees and future of the Department and agencies for which we work.
  2. The Executive Office of the President prepared a Competitive Sourcing report that further defines the competitive sourcing initiative. Competitive Sourcing: Conducting Public-Private Competition in a Reasoned and Responsible Manner describes the Administration's three-pronged strategy for institutionalizing public-private competition as an effective and prudent management tool.
  3. OMB Circular No. A-76 establishes federal policy for the competition of commercial activities. Prepared by the Executive Office of the President, OMB Circular No. A-76 outlines the processes to be followed when jobs are to be contracted out. The Circular is fundamental to understanding the challenges we face.
  4. The Federal Activities Inventory Reform Act (FAIR Act) directs federal agencies to issue an annual inventory of all commercial activities performed by federal employees. The FAIR Act (its acronym an obvious attempt at Orwellian Newspeak) is an arcane set of procedures that determine whether a function is commercial or inherently governmental. Commercial functions can be contracted out.
  5. The Federal Acquisition Council prepared the Manager's Guide to Competitive Sourcing to allay management's fears with regard to competitive sourcing and to educate management on the processes. When the Manager's Guide to Competitive Sourcing waxes poetic on the benefits of competitive sourcing, it should be read with skepticism. One wonders whether any managers are fooled by the rhetoric. However, the Manager's Guide does serve adequately as a layman's guide or an introduction to the processes.
  6. The American Federation of Government Employees prepared Privatization Review and Circular A-76 to train and educate Union activists on the A-76 processes and the role that the Union can play. Privatization Review and Circular A-76 is an excellent and realistic introduction to the processes.
  7. The National Institutes of Health has an excellent Web site on A-76 and Fair Act.
  8. Who is on the commercial list for the U.S. Department of Labor? Which functions have been targeted for contracting out? The 2005 USDOL FAIR Act Commercial Activities Inventory lists the jobs at risk. To decipher the 2005 USDOL FAIR Act Commercial Activities Inventory, you'll also need a list of the function codes and a list of the reason codes. With these three documents and dogged persistence, you'll be able to piece together the positions that are at risk.
  9. Each year the NCFLL challenges positions that have been classified as commercial. The 2004 challenge and the 2005 challenge demonstrate that the NCFLL has persistently opposed efforts to contract out U.S. Department of Labor jobs.
  10. What plans does the U.S. Department of Labor have with regard to future competitions? The attached MS PowerPoint program, DOL Competitive Sourcing Program Update furnishes information on competitions scheduled through 2010. Slide six of DOL Competitive Sourcing Program Update lists targets by agency and projects that 3,403 jobs will have been placed on the block by the end of fiscal year 2010.
  11. The competitions discussed and planned in item 10. have been further refined. The 2007 list of planned competitions is titled "Proud To Be IV FY06 - FY10 Competitive Sourcing Green Competition Plan."
  12. NCFLL President Yarman offers guidance and direction in his memorandum of March 29, 2006.
  13. The NCFLL was provided a list of LBU-1 and LBU-6 bargaining unit positions named in the "Standard Competition for Administrative Support Services, a component of Other Non-Manufacturing Operations" posted on March 29, 2006. In addition, the NCFLL was provided a less detailed list of bargaining unit positions for all six ongoing competitions, LBU-1 through LBU-6.
  14. The NCFLL was also provided a Fact Sheet that more clearly shows the impacts of the "Standard Competition for Administrative Support Services, a component of Other Non-Manufacturing Operations" on agencies and occupations.
  15. For an up to date look at competitive sourcing in the U.S. Department of Labor visit the Department's synopses and solicitations at the Federal Business Opportunities Web site. You may be surprised to learn of all of the services the Department outsources.
  16. Employees at the Department of Justice have prepared a "lessons learned" resource for anyone faced with competing to keep work in-house.
  17. The U.S. Department of Defense has had a great deal of experience with competitive sourcing. Visit the DOD Web site used to train and share best practices. This Web site features excellent descriptions of the standard and streamlined competitive processes.
  18. Employees potentially impacted by competitive sourcing may wish to to review the Office of Personnel Management's Employees' Guide to Reduction in Force (RIF).
  19. The U.S. Government Printing Office Access Web site contains the Code of Federal Regulations Part 351 on reductions in force.
  20. For information on grade retention, visit the Office of Personnel Management's Web site. The Employee's Guide to Reduction in Force Benefits provides vital information for victims of RIFs.
  21. The 2008 Omnibus Appropriations bill places a temporary moratorium on contracting out at the U.S. Department of Labor pending the outcome of a GAO study.
  22. The Department implemented the moratorium in a series of E-mails, shortly after the appropriations bill was signed into law.
  23. AFGE suggested a number protocols for the GAO study to Senator Harkey and Representative Obey.