Blog Posts in Privatization

How to Strengthen Transparency in the U.S. Open Government Plan

 

Yesterday, OMB Watch submitted its recommendations for the Obama administration's national plan for the Open Government Partnership (OGP). The administration will unveil its plan, with new concrete commitments to increase transparency, at the international OGP meeting on Sept. 20.

Seven other countries will also announce their national open government plans at that summit, organized around the United Nations General Assembly meeting. For the U.S. as well as the other participants, OGP has been an impetus to action for transparency. The national plan to be released in September is an important opportunity for the administration to expand on its progress in strengthening open government in order to empower Americans and build a better democracy.

In blog posts on Aug. 8 and Aug. 22, the administration asked for feedback on six topics to inform the development of its national plan. Reforms in these areas, including improving federal websites and promoting corporate accountability, would constitute a positive agenda for the U.S. Open Government Plan.

Our comments offer recommendations on each of the six topics. Among the ideas offered, OMB Watch encouraged the administration to:

  1. Transform Regulations.gov into a one-stop shop for citizens to learn about rulemaking
  2. Establish federal website standards that encourage proactive disclosure, identification of public priorities, and visualization tools
  3. Improve Data.gov with common data formats, identifiers, and user-friendly interfaces
  4. Strengthen records management with smarter IT investments and email policy
  5. Make regulatory compliance information more user-friendly
  6. Promote corporate accountability with better disclosure

In addition to these comments, OMB Watch has consulted with the administration on other topics that would make excellent contributions to the U.S. Open Government Plan. Meaningful reforms to the six consultation topics would be a significant step forward, but we hope that the administration will consider additional initiatives as well. For instance, the White House could establish an award, similar to the SAVE Award, to recognize the best contributions to open government by federal employees. Such an award could be an important way to foster a culture of openness within government and would be a helpful complement to the policy reforms the administration is considering.

We invite readers to join the discussion by sending their thoughts on the six topics by email to opengov@ostp.gov.

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(Gavin Baker 09/01/11; 3 comments)

Contractors Do Bad Things, Uncle Sam Has to Sit on His Hands

 

A batch of documents recently obtained by the Associated Press through a Freedom of Information Act (FOIA) request exposes "previously undisclosed offenses committed by more than 200 contract employees in Afghanistan and Iraq between 2004 and 2008." Many of these offenses were quite egregious, and yet it was often only the employee disciplined, while the government let the offending company off the hook. A recent New York Times article reveals why: many of these companies are too big to ban.

I like your ski goggles, guy.

The numerous escapades of contractors in Iraq and Afghanistan unveiled by the AP include drunken brawls with locals, solicitation of prostitutes, drug use, and the mishandling of weapons. These incidents are pretty much par for the course with companies like DynCorp, Triple Canopy, and, everyone's favorite, Blackwater Worldwide, now known as Xe Services, but these infractions raise an important question.

Why doesn't the government appropriately punish these companies for violations of government contracting polices? Which is to say, why are there so few suspensions and debarments?

The answer of course is that the government is often entirely dependent on these same contractors for their services. The Times article provides a perfect example:

[L]ast year ... officials at the Environmental Protection Agency [EPA] wanted to stop BP from getting government contracts until it addressed various environmental and safety violations. Then, according to a lawyer involved in the debarment process at the agency, the Pentagon objected: BP was its biggest supplier of fuel.

These deliberations occurred several months before one of BP's rigs blew up and spewed hundreds of millions of gallons of oil into the Gulf of Mexico. That's not to say that had EPA been able to prevent BP from getting further contracts before the company corrected its "various environmental and safety violations" that we could have avoided the Gulf oil spill. But with such limited ability for the government to punish a contractor, what does a company really fear running afoul of the rules?

Overreliance on a contractor's services can have serious consequences; not least of all is the government's inability to penalize a company when it breaks the rules. In the case of contractors in Iraq and Afghanistan, the issue has become farcical. As the Times reports, "In the case of Blackwater, State Department officials pledged to pull its contracts, only to find that no other security companies were big enough to do the work."

Image by Flickr user The U.S. Army used under a Creative Commons license.

(Gary Therkildsen 12/21/10; 0 comments)

What's the Ideal Ratio of Government Employees to Contractors?

 

No one really knows, but the first step in figuring it out is to identify what the current ratio of feds to contractors is. And that's exactly what federal agencies, excluding the Department of Defense (DOD), will undertake in the spring according to a recent Office of Federal Procurement Policy (OFPP) memorandum. The analysis will help government agencies determine if they're getting the taxpayers' money worth out of contractors.

Federal News Radio is reporting that agencies will first have to inventory all of their service contracts; a procedure they will have to continue on an annual basis. The first cataloging of each agency's service contracts is due by the end of this year. The administration plans to release the information by Jan. 30, 2011.

This picture doesn't completely match the headline, but it's interesting, so go with it...

Agencies will then have until the end of June 2011 to determine the current ratio of federal employees to contractors throughout various service sectors. According to Federal News Radio, "Federal officials should focus on professional and management services and information technology support services first, but also keep an eye on functional areas that their agency may be relying too much on contractors."

The latter includes, "policy review and development services, program evaluation services, intelligence services, systems engineering services, personal services contracts, automatic data processing support services and automated information systems services."

In addition to examining the current ratio of government employees to contractors, federal agencies are supposed to examine if they are over-relying on contractors or if contractors are performing inherently governmental or closely associated tasks, which the Obama administration clarified in a policy letter released earlier this year.

If an agency finds an inappropriate ratio or contractors performing tasks they shouldn't be, officials have until the end of next year "to report any actions taken to convert positions from contractors to federal employees."

The administration will also gradually require the service contract inventories to provide more detailed information on an agency's use of contract dollars, including "the number of first tier subcontractors, total dollar amount spent on services and how agencies are using service contracts to meet their mission." One can only assume the federal government will provide this information to the public as well.

Most interestingly, this inventory process, according to OFPP, will set the stage for getting a total headcount of government contractors, which many transparency and good-government advocates consider the Holy Grail of government contracting information.

Image by Flickr user Mykl Roventine used under a Creative Commons license.

(Gary Therkildsen 11/15/10; 0 comments)

Petraeus Releases New Guidelines on Use of Contractors in Afghanistan

 

The New York Times reported Sunday that Gen. David Petraeus, the recently installed commander of North Atlantic Treaty Organization (NATO) and U.S. forces in Afghanistan, has released a new set of guidelines for commanders in the field to follow when utilizing contractors. While broad, the guidelines – if vigorously implemented – may end up blunting many of the worst unintended consequences that often result from contingency contracting in a war zone.

In an unclassified memorandum directed at both military and civilian personnel, Petraeus, acknowledging the potential impact, both good and bad, of contracting on the overall war effort, urges commanders to make contracting part of their "business" and provides 11 directives for doing so.

'Well how about getting with the program?  Why don't you jump on the team and c'mon in for the big win?'

The guidelines, which concentrate on rooting out corruption – including graft created by criminal and patronage networks within the country – are big on oversight. The guidelines include directing commanders to "Understand the role of contracting in [counterinsurgency] COIN," "Know those with whom we are contracting," and "Look beyond cost, schedule, and performance."

The directives also raise, as the Times article points out, "the possibility that some contractors now on the NATO payroll could be purged or barred from further work" if personnel indentify linkages between contractors and criminal networks. Petraeus mentions as possible courses of action: "suspension and debarment of the individuals or the company, contract termination, or not renewing a contract option period."

Interestingly, any mention of security contractors is absent from the memo, as Afghan President Hamid Karzai recently declared that all security contracting firms within Afghanistan must disband by the end of the year, while all firms outside the country must leave by the same deadline.

It's unclear how effective Petraeus and his staff will be in enforcing these new guidelines. Yet, enforcement will be the key. The roughly $14 billion that the U.S.-led effort in Afghanistan spends on contracting per year is frequently doled out unwisely, sometimes with devastating consequences.

Furthermore, the larger fight against corruption is exceptionally important to fostering any kind of success in propping up Afghanistan as a working country. As Matt Yglesias recently highlighted, in the eyes of its citizens, Afghanistan is the second most corrupt country in the world, second only to Somalia. If these new guidelines can't get Afghans to believe that the money spent on them is doing any good or at the very least is going where it's supposed to go, Petraeus' memo will mean nothing.

Image by Flickr user isafmedia used under a Creative Commons license.

(Gary Therkildsen 09/16/10; 0 comments)

Bad Idea: Stand up a Private Army in Iraq to Take the Place of Departing U.S. Forces

 

The pullout of the final U.S. combat brigade from Iraq last week was the penultimate step in the military's withdrawal from the country at the end of 2011. At that time, the State Department, utilizing a large number of private security contractors (PSC), will take responsibility for performing many of the tasks the Department of Defense (DOD) has been carrying out. Problem is, State isn't very good at overseeing contractors.

There are roughly 19,000 private security contractors working in Iraq, mostly performing static security at bases and embassy facilities, or moving security in motorcades and convoys. Approximately 14,000 of those PSCs work for DOD, while State and the U.S. Agency for International Development (USAID) employ some combination of the remaining 5,000.

Not only will State inherit all 19,000 PSCs, the agency estimates it will need another 6,000 to 7,000 contractors to carry out its responsibilities. Preparations for the changeover, according to a recent New York Times piece, have been under way for months, as the military has identified more than 1,200 specific tasks "to be handed over to the civilians, transferred to the Iraqis or phased out."

Oh boy, this could get ugly

Private security contractors, acting through the State Department, will continue to provide standing and moving security, and the training of Iraqi police and soldiers, but they will also have to supply quick reaction combat teams, route clearance, recovery of wounded personnel, removal of damaged vehicles, and the detection and disposal of explosive devices.

Unfortunately, the PSCs, like the State Department, lack experience in performing many of these tasks. This may create a nightmare scenario where the State Department, due to lack of experience and too few oversight personnel, can't adequately oversee contractors tasked with new and difficult duties to perform; not helpful to a fledgling democracy.

A recent Commission on Wartime Contracting (CWC) hearing revealed the inadequacies of the State Department's oversight capabilities. State will oversee its tens of thousands of PSCs through its Bureau of Diplomatic Security, which comprises a whopping 1,800 officers, only 800 of who are overseas at any one time. Mind you, that's throughout the entire globe, so Iraq gets a fraction of those personnel.

An overreliance on contractors not only creates an environment ripe for conflicts of interest, but a lack of oversight breeds corruption and increases the chances of a significant event occurring, which would likely incur civilian casualties, that mars the reputation of the United States.

Moreover, while few government officials will cede that contractors are performing inherently governmental tasks in Iraq and Afghanistan, though they are, the State Department's plan to so heavily rely on contractors would only increase the occurrences of PSCs carrying out supposedly government-only duties.

If you thought we had problems with contractors when the Pentagon was running the show, get ready for things to turn really bad if the State Department can't get its act together.

Image by Flickr user The U.S. Army used under a Creative Commons license.

(Gary Therkildsen 08/23/10; 0 comments)

Karzai Outlaws Private Security Contractors in Afghanistan

 

On Monday, the administration of Afghan President Hamid Karzai announced that all security contractor firms would have to end operations in the country within the next four months, allowing employees to either join the Afghan police force or look for another line of work. Successful implementation of Karzai's order, though difficult, could radically transform the debate around the use of private security contractors (PSCs) in war zones.

Though the decree does provide an exception for the use of PSCs "working inside compounds used by international groups, including embassies, businesses and non-governmental organizations," the move would outlaw the use of private security personnel, who Karzai recently branded as "thieves by day, terrorists by night," anywhere else in Afghanistan.

Karzai had previously stated that he wanted security efforts consolidated under the control of the central government, but had usually discussed the transition as a long-term project concluding anytime between late 2011 and 2014.

'Is that you, John Wayne? Is this me?'

Recent events, however, including a deadly car accident in Kabul involving DynCorp International employees that sparked massive rioting, and pressure from the U.S. government to clean up corruption, which the Afghan president derided as heavy-handed foreign influence, may have spurred Karzai's decision.

Indeed, the disband order comes as the relationship between the U.S. and Afghan governments has come under strain, and will surely only inflame tensions further, possibly jeopardizing the decree's successful implementation.

There have already been delays in congressional approval of aid to Afghanistan in response to what was seen as Karzai's slowness in addressing corruption. It wouldn't be hard to fathom the Obama administration putting pressure on Congress to hold up further aid in an attempt to persuade Karzai against his decision.

Notwithstanding the pressure the U.S. and other governments will likely apply to Karzai to abandon the effort, successful implementation of the decree will be difficult logistically.

There are currently 52 licensed private security firms operating in Afghanistan, roughly half of which are foreign owned. The U.S. government contracts out with roughly 37 of those companies, which employ about 26,000 armed security contractors. Total, the security firms employ 30,000 to 40,000 people, some of whom are Afghans, but there are also Americans, Europeans, and many third country nationals.

The big question is how many of the 30,000 to 40,000 contractors will the Afghan government corral into the police force, which the Taliban – many charge – often infiltrate, and whether the government will be able to supply the necessary protection to foreign entities performing reconstruction and humanitarian efforts throughout the country.

Still, Karzai has accomplished what good government groups have long been advocating: the elimination of private security contractors in war zones. If the Afghan government can successfully nationalize security functions, it would lend credibility to congressional efforts – like Rep. Jan Schakowsky's (D-IL) and Sen. Bernie Sanders' (I-VT) recent Stop Outsourcing Security Act – seeking to end the monetarily and ideologically costly use of PSCs.

Image by Flickr user DVIDSHUB used under a Creative Commons license.

(Gary Therkildsen 08/18/10; 0 comments)

Outsourcing National Security

  He Hears All

If you haven't been reading the Washington Post's new series "Top Secret America" on the state of the intelligence community since 9/11, I highly recommend checking it out. William Arkin, one of the authors of the series, gave an interview this morning on "Washington Journal," C-SPAN's morning call-in program. Discussing today's piece on the extensive use of contractors in intelligence work, Arkin found placing "the functions of a third of our government in the hands of private companies" to be a "fundamental issue" that the public must grapple with.

The reasons for this are clear:

What started as a temporary fix in response to the terrorist attacks has turned into a dependency that calls into question whether the federal workforce includes too many people obligated to shareholders rather than the public interest – and whether the government is still in control of its most sensitive activities.

Anyone that's been following this blog knows that contractors, despite federal laws to the contrary, routinely perform inherently governmental functions in a hidden and unwieldy environment that makes oversight difficult.

During his interview, Arkin went over some overwhelming statistics on contractors in the intelligence world that he and Dana Priest, the other author of the series, uncovered through their investigation:

  • Of the 854,000 individuals with top-secret clearances, 265,000, or nearly a third, are contractors.
  • The government contracts out with 1,931 private companies to work on programs related to counterterrorism, homeland security and intelligence.

The difficulty in subduing the boom in outsourcing that has occurred over the last nine years in both the intelligence and military worlds – which heavily overlap – is immense. Much of this is attributable to the self-perpetuating nature of the use of contractors. As Arkin observes, "[contractors] are never going to step forward to say, 'We don't need to do what we're doing,' or, 'We need to do less.'"

Of course, there are also those within government that like the ever-increasing budgets that the national security state receives. David Axe, a seasoned war correspondent, commented this morning over on his blog War is Boring that the Post's report evokes Boston University Professor Andrew Bacevich's recent book, The Limits of Power. Bacevich, a former officer in the Army, writes:

The national security state perdures. It does so not because its activities enhance the security of the American people, but because, by its very existence, it provides a continuing rationale for political arrangements that are a source of status, influence and considerable wealth.

I think one could make a similar argument about the contracting industry the Defense Department animates with billions of dollars every year.

The Post's series seems to be creating quite a stir within Washington, and maybe it will give a little more urgency to Congress to better reform the issue of inherently governmental. It's not as if the subject isn't serious enough, as "contractors...are fundamentally involved in matters of national security from intelligence analysis to manning watch and command centers to actually being out there in the field pulling the trigger on guns."

Image by Flickr user johnsolid used under a Creative Commons license.

(Gary Therkildsen 07/20/10; 0 comments)

OMB Watch and 29,000 Others Comment on Inherently Governmental Proposal

 

Last week, OMB Watch submitted comments to the Office of Federal Procurement Policy (OFPP), the contracting regulatory authority within the Office of Management and Budget (OMB), regarding their proposed policy letter on reforming "inherently governmental" guidelines. Through our petition drive with CREDO Action, we spurred 29,402 people to write to OFPP to tell the agency what they thought about the proposed guidelines as well.

Individuals that submitted comments through the petition focused on preventing the government from contracting out certain functions to security contractors.

Add your comment

Commenters urged the government not to allow security contractors to perform functions like "guard services, convoy security services, pass and identification services, plant protection services, the operation of prison or detention facilities, and any security operations that might reasonably require the use of deadly force."

They also asked OFPP to prevent contractors from performing "support of intelligence activities (including covert operations), interrogation, military and police training, and the repair and maintenance of weapon systems."

OMB Watch, CREDO Action, and other good government groups believe that these are all functions that government employees should perform, not for-profit companies.

OMB Watch's comments focused on four general areas of government contracting and answered three specific questions from the list offered by OFPP in the proposed policy letter.

Generally, OMB Watch agreed with OFPP's reforms, but called for the policy letter to better address potential conflicts of interest within government contracting. We also asked for federal agencies to take head counts of contractor employees, a policy that the government has long needed just to get a handle on the level of contractor involvement in government business, but that no administration has ever implemented.

OMB Watch also demanded that the public have greater access to information on government contracting, and suggested that OFPP decouple the incentives to provide greater oversight of contractors with penalties for not meeting performance goals that require contractor involvement to achieve.

As far as specific questions, we championed the creation of a principal-agent test for agencies to determine better what functions they should and should not outsource; asked for federal agencies to presume that federal employees should perform critical and "closely associated" with inherently governmental functions; and listed out the same security functions from above for sole government performance.

OFPP should release a final policy letter sometime in the late summer/early fall. It will be interesting to see what impact our comments have on the final product.

Image by Flickr user premasagar used under a Creative Commons license.

(Gary Therkildsen 06/07/10; 1 comment)

Contracting Industry Verklempt Over Possibility of Contracts Going Public

 

The Federal Times had an interesting piece last week on the contracting industry's reaction to a recent notice in the Federal Register seeking input on "how best to amend the Federal Acquisition Regulation (FAR) to enable public posting of contract actions." Despite the FAR Councils' stated efforts to post contracts "without compromising contractors' proprietary and confidential commercial or financial information," industry executives are beside themselves over such a monumental change. Not surprisingly, their arguments against the idea don't hold much water.

It seems the FAR Councils are reading the proverbial handwriting on the walls when it comes to the Obama administration's transparency efforts, and have issued an advanced notice of proposed rulemaking "should [public] posting become a requirement in the future." Scott Amey over at the Project on Government Oversight (POGO) posted a good overview of the issue back when the notice came out.

A Stack of Contracts

Following up on the issue, the Times decided to check in with contracting experts, including leading industry executives, to gauge their reaction to the effort. What was the executives' biggest concern? Naturally, it was the potential for releasing confidential information.

Larry Allen, president of the Coalition for Government Procurement, argued, "[I]f the government makes a mistake about releasing confidential information under a Freedom of Information Act (FOIA) request" – currently the only way for the public to obtain contract records – "the damage...is fairly limited." Allen contrasted this with the government unintentionally posting proprietary information to "a database for everyone to see," which, according to Allen, would really put "a company at a significant risk of harm."

First, I'm not sure if Mr. Allen realizes that we live in an advanced technological age where almost anyone can instantly spread information around the world through the internet. If the government makes a mistake by releasing confidential information through a FOIA request, the damage isn't necessarily limited because it was only released to an individual or organization. That individual or organization could easily post the information to the web "for everyone to see."

Second, once the government releases information through a FOIA request, the information is in the public domain and there's no getting it back. If the government were to set up a public database where it posted contracts, it could remove improperly posted confidential information. Of course, if the government didn't catch the mistake in time and the public obtained the information then the damage would already be done. But, again, that risk is already present with FOIA.

To his credit, Tom Spoth, the author of the Times article, also interviewed Tom Lee of the Sunlight Foundation and Hugo Teufel of Pricewaterhouse Coopers, who both support the effort. Lee argued that online access to contract information "would encourage competition and result in better deals for the government," while Teufel claimed, "The public has a right to know how its tax dollars are being spent." I couldn't agree more on both points.

This effort is long overdue. As Lee points out, "current databases on government spending are inadequate" when it comes to contract information, and just because the contracting industry is scared of the government accidentally leaking proprietary information to the public isn't reason enough to scrub the exercise. One of the costs of doing business with the government, a process financed by taxpayer dollars, should be a lower threshold for releasing business information. With that comes the small risk that the government might accidentally release confidential or proprietary information.

Image by Flickr user luxomedia used under a Creative Commons license.

(Gary Therkildsen 06/02/10; 0 comments)

DOD IG Finds Private Security Contractors Performing Inherently Governmental Tasks

  A U.S. Soldier Meets with Private Security Contractors

Jeremy Scahill, an investigative journalist and contributor to The Nation, blogged this morning about a discovery he made in a recent Department of Defense (DOD) Inspector General's (IG) report. The DOD IG found, in what Scahill mockingly referred to as "a not shocking revelation," that "private contractors working for U.S. Special Forces have been allowed to 'perform inherently governmental functions.'"

Scahill quotes directly from page 20 of the report:

Specifically, management and contracting personnel allowed contractors to administer task orders, determine what supplies or services the Government required, and approve contractual documents. The contractors performing inherently governmental functions did not identify themselves as contractors. For example, in 3 of 46 task orders, valued at approximately $18 million, contractors working for the Special Operations Forces Support Activity signed contractual documents as a Special Operations Forces Support Activity representative. In addition, contracting personnel took direction and implemented contract changes from contractors working for their customers. These conditions occurred because the Special Operations Forces Support Activity lacked internal controls and standard operating procedures on the performance of inherently governmental functions. As a result, Special Operations Forces Support Activity may not have correctly administered and protected the best interests of the Government for approximately $82 million in task orders issued under the Special Operations Forces Support Activity contracts.

Quickly changing, dangerous combat environments that provide little supervision – which U.S. Special Forces normally operate within – create the perfect setting for private security contractors to perform inherently governmental functions. Unfortunately, as Scahill notes, this happens all too often during both regular and special combat operations.

That is exactly why OMB Watch recently collaborated with CREDO Action to spur public participation in the comment process of the Office of Management and Budget's (OMB) proposed reform of inherently governmental guidelines.

It isn't enough to simply have the government say they will provide better oversight of contractors in sensitive environments, like war zones. Any tasks that put contractors in a position to execute inherently governmental functions, such as armed security, prison operations, interrogation functions, or, as in the case above, special operations support, which allowed contractors to oversee other contractors and administer task orders, should be explicitly excluded from outsourcing.

Image by Flickr user isafmedia used under a Creative Commons license.

(Gary Therkildsen 05/27/10; 0 comments)