President George W. Bush is committed to
expanding the use of competitive contracting in the federal
government, having promised during the presidential campaign to
open more federal positions involving commercial activities to
competition from the private sector. The reason: At all levels of
government throughout America, as well as in other countries,
competitive contracting is maximizing market forces and allowing
the public sector to lower taxpayer costs while improving
services.
The
President has wasted no time in moving forward with his promise to
the American people. In early March, his newly appointed Director
of the White House Office of Management and Budget (OMB), Mitchell
E. Daniels, Jr., announced the Administration's detailed plan to
encourage greater use of competitive contracting across the federal
bureaucracy. Agencies will be required to develop an accurate list
of all commercial activities and, next year, subject no less than 5
percent of those positions to competitive contracting. If the
Administration's effort is successful, America will accrue savings
in the billions of dollars without any reduction in the level or
availability of government services.
The
President's plan is sound for several reasons. First, it relies on
the competitive marketplace to achieve cost savings and improve
service. For the past several decades, American communities have
realized cost savings by contracting out wastewater treatment and
water supply; school maintenance and food service; school bus fleet
operations; highway maintenance, repair, and design; trash
collection and recycling programs; janitorial services; facilities
management; motor vehicle service and repair; operation of prisons
and jails; oversight of welfare caseloads and child support
payments; data processing; airport management; park maintenance;
management of public housing; operation of public libraries;
parking meter coin collection; and operation of public transit
programs, among others. For the most part, the savings are around
25 percent to 30 percent of the original cost to the taxpayers.
Similarly, the U.S. General Services
Administration (GSA) reports saving as much as 40 percent to 50
percent during the early 1980s by contracting out much of the
custodial services that its employees had provided at federal
office buildings throughout the country. And since it began keeping
detailed performance records in the late 1970s, the U.S. Department
of Defense (DOD) has averaged cost savings of about 30 percent from
the hundreds of operations and activities it has contracted out to
private businesses.
Second, the President's plan moves beyond
the policies of the previous Administration by requiring federal
agencies to do more than just compile a list of commercial-type
jobs. Within five years, they will be required to open up 50
percent of these identified positions to the competitive
contracting process. Agencies will be required to solicit bids from
qualified private-sector businesses to provide a specific service
currently performed by a government department. If any of the bids
they receive from qualified contractors are significantly lower in
cost than what the government is currently paying to perform the
service, the government could shift the provision of that service
from the public to private businesses operating under contract to
the government.
Although there are abundant opportunities
to use competitive contracting to achieve significant savings and
service improvements, opposition to the effort will be intense.
Entrenched interests--largely the existing federal workforce and
managers--will defend the status quo because they fear the
competition. Reflecting an ongoing effort to discourage competitive
contracting, Representative Albert Wynn (D-MD) in early 2001
introduced the Truthfulness, Responsibility and Accountability in
Contracting Act (H.R. 721) to suspend the awarding of any new
federal service contracts until certain changes are made that would
benefit federal employees. As of June 2001, the bill had 158
cosponsors.
Such
opposition is not insurmountable, but the Administration and
Members of Congress would be wise to study the lessons of past
efforts to privatize existing federal services and functions. The
Bush Administration will succeed if it publicly makes a positive
case for reform and also ensures federal workers and managers that
they will be treated fairly and allowed to participate in the
competition. One way to encourage enthusiastic participation is to
allow agencies to keep a portion of the savings they realize
through competitive contracting and use some of it as a financial
reward for employees and managers in the program. Congress should
express support for competitive contracting by using existing
legislative vehicles, such as appropriations and authorization
bills, to encourage federal agencies to compile more accurate and
comprehensive inventories of their commercial-type positions and to
subject a portion of that inventory to competitive contracting.
HARNESSING THE RESOURCES OF THE PRIVATE
SECTOR
Competitive contracting is one of several
techniques described as privatization--the process by which
the fulfillment of certain public services and functions is
transferred from the government to private-sector providers. (See
page 4 for a description of the primary privatization techniques
available to government leaders.)
Competitive contracting is based on the
principle that what is most important is the cost, quality, and
availability of the service, not who provides it. As demonstrated
both in America and in other countries around the world,
privatization is a powerful tool that governments have used to
improve service and control costs. Shifting routine government
services like trash collection and landscaping, or even
sophisticated ones like jet fighter maintenance and space shuttle
operations, to the private sector allows government to harness the
power of the competitive marketplace to encourage qualified
businesses to offer the same or better service at lower cost. The
savings that have been realized through privatization, in fact,
average in excess of 25 percent based upon dozens of reports from
state, local, and federal governments and the experience of
countries that have implemented the process.
Notwithstanding a lengthy record of
success and documented savings, long-standing political opposition
to U.S. privatization often has discouraged past Congresses and
Presidents from aggressively pursuing the thousands of
opportunities. Opponents of privatization typically are the
existing workforce, unions that represent government workers,
federal managers, businesses that supply the programs or utilize
their services, local communities in which the programs operate,
and the elected officials who represent those communities. These
groups benefit from the status quo and believe that any change
would put them at risk. In addition, many citizens who have no
direct stake in the status quo often misperceive privatization as a
risky and costly experiment.
Although Americans pride themselves on the
dynamism of the U.S. competitive marketplace and the democratic
capitalism that has made the nation the envy of the world, the
United States lags behind much of the rest of the world in pursuing
privatization opportunities in government programs and assets. In
transportation policies alone, the United States is far behind
countries such as Great Britain, Canada, New Zealand, Australia,
Mexico, and Argentina which have privatized airports, air traffic
control systems, passenger rail, and public transit (both rail and
bus service), and which are also creating public-private
partnerships to construct and renovate highways funded by user
fees.
Federal Contracting Rules.
OMB's Circular A-76, "Performance of Commercial Activities," describes
the types of federal activities that can be subject to competitive
contracting and the rules under which that contracting could occur.
Importantly, it explains in detail how government departments must
determine costs to ensure a level playing field between the
existing government workforce and the competing private-sector
business--to ensure that apples are compared with apples, not
oranges. Chapter 2 of the circular, for example, requires the
government to include in its cost calculation the imputed cost of a
number of items not normally considered a part of federal
accounting, such as estimates of administrative overhead,
insurance, taxes, rent, cost of capital, and depreciation, to make
government costs comparable to those incurred by private-sector
competitors.
Another significant requirement of
Circular A-76 is the opportunity for federal workers to compete for
their jobs under advantageous circumstances. Government employees
currently performing a function under review for contracting can
submit their own bids and compete for the contract. Private
contractors need to demonstrate at least a 15 percent savings over
prior costs to get the contract, while the existing federal
workforce need only commit to a 10 percent cost improvement to win
the contract.
As a
result of the management and cost efficiencies that such
competition induces within the federal workforce, about half of the
contracts awarded under A-76 remain with the existing employees.
Such outcomes emphasize that the real issue in competitive
contracting is not whether the function is performed by private
rather than government workers, but whether it is performed under
competitive conditions that approximate the market process.
Monopoly providers, whether public or
private, are inefficient and should be avoided under all
circumstances. To ensure that the process of contracting out
government services does not simply substitute one monopoly for
another, an effective contracting-out program should lead to
multiple private-sector suppliers, which would sustain competitive
efficiency and provide ongoing least-cost-best-service benchmarks.
Similarly, contracts should be of short duration, say three to five
years, and re-competed before termination to ensure that government
is getting the best deal and that current contractors do not become
complacent.
The FAIR Act.
To assemble accurate inventories of eligible positions, Congress
passed the Federal Activities Inventory Reform (FAIR) Act of 1998,
which requires agencies to provide OMB with an inventory of all
commercial positions within their department--specifically, jobs
that "are not inherently governmental." However, neither the FAIR
Act nor the Clinton Administration, in implementing it, required
agencies to do anything more than compile this list. The Bush
Administration intends to require federal departments and agencies
to subject these functions or jobs to competition from
private-sector providers.
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BASIC
PRIVATIZATION TECHNIQUES
The term "privatization" defines the process or act of
transferring government assets and/or the performance of routine
public services to the private sector. The several different
processes or techniques by which the transfer can be accomplished
include divestiture, public-private partnerships, vouchers, and
contracting out. The nature of the government asset or activity, as
well as the environment in which it operates, often determines the
technique that is chosen.
Divestiture.
The technique most commonly associated with privatization is
divestiture, in which a tangible asset or an operating enterprise
such as a government steel mill or telephone company is sold to
private investors. These investors could include the company's
existing workforce and its management, which could acquire some or
all of an enterprise through an employee stock ownership plan
(ESOP). The first major federal divestiture was the Federal
National Mortgage Association during the Administration of
President Lyndon Johnson. A decade and a half later, the
divestiture of Conrail was accomplished by the Administration of
Ronald Reagan.
During Bill Clinton's presidency, the federal government
divested itself of the Elk Hills Naval Petroleum Reserve, the U.S.
Enrichment Corporation, and portions of the broadcast spectrum
through sales to private investors. The Clinton Administration also
used ESOPs to "sell" three federal units to the employees. These
units included the division of the U.S. Office of Personnel
Management responsible for providing background checks for
prospective civil servants, as well as the Navy's environmental
restoration units in San Diego, California, and Charleston, South
Carolina.
Public-Private Partnerships.
Partnerships for infrastructure investment represent an
increasingly common form of privatization by state and local
governments. In such cases, private investors and businesses, in
cooperation with the government, build and/or operate major public
infrastructure projects such as wastewater treatment plants,
airports, highways, public transit, and prisons. In the past, these
typically were constructed with government funds and operated by a
government workforce, but recent pressures on government to hold
down taxes and spending while maintaining or increasing services
have encouraged many communities to seek creative solutions in
partnership with the private sector.
In a typical case, the government will contract with a private
company to finance, build, and operate a public service such as a
wastewater treatment facility according to government
specifications. In turn, the private company earns its revenues by
charging either the local government or the residents for the
services rendered, usually at prices agreed upon between the
government and the company before construction. The construction,
renovation, and operation of wastewater treatment plants has become
one of the most common public enterprises restructured by way of
public-private partnerships. More recently, the private sector has
also built, and now operates, highways in Virginia and California
financed by tolls paid by users.
Vouchers.
Another technique of privatization that is applied primarily
to social welfare programs is the use of vouchers that allow
program beneficiaries to purchase certain goods or services from
private-sector providers. Government pays for the vouchers, but the
private sector provides the goods and services. Food stamps,
Medicare, Medicaid, VA loans, student loans and grants, and HUD
rent vouchers represent government assistance programs that provide
benefits to eligible households by way of a voucher or
equivalent.
Voucher-based programs rely on the private sector rather than
government institutions to deliver goods and services to assisted
beneficiaries. Housing vouchers, for example, allow low-income
families who need housing to rent better accommodations from
private landlords, thereby offering recipients a less costly and
more attractive alternative to the public housing projects that
still infect many cities and communities.
Contracting Out.
The fourth major technique of privatization is competitive
contracting with the private sector. This is the technique most
applicable to the federal government and the one most commonly used
by state and local governments. Contracting out is the process by
which basic services, both for and by the government, are provided
by private companies operating under contract to the government.
Study after study demonstrates that, by utilizing the resources,
expertise, and management skills available in the private sector as
well as the cost benefits of open competition, competitive
contracting saves taxpayers an average of 25 percent to 30 percent
over what it would cost government to perform the same service.
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The President's Plan
To
fulfill President Bush's commitment to apply competitive
contracting to federal commercial activities, OMB Director Daniels
sent a memo to agency and department heads in March 2001
summarizing the Administration's new performance goals and
management initiatives, which included "Expanding A-76 competitions
and more accurate FAIR Act inventories" of the commercial positions
within their departments. In early 2001, the federal agencies
estimated that as many as 850,000 of their employees were
performing commercial-like functions commonly available in the
private sector and not "inherently governmental" in any way.
The
Bush Administration plan will require federal departments to open
up no less than 5 percent of their listed FAIR Act commercial
positions to competitive contracting under the A-76 process in
fiscal year 2002, with the goal of covering 50 percent of these
positions within five years.
The
Bush Administration, with this memo, effectively restored to
operational status key elements of Executive Order 12615, issued on
November 19, 1987, by President Ronald Reagan. Among its many goals, that
order required agencies to identify all commercial positions and
each year to subject to the A-76 review process an amount equal to
no less than 3 percent of the agency's entire civilian
workforce.
If
the Bush Administration succeeds and agencies cooperate, the
potential savings could be significant. According to recent
government estimates, application of the A-76 review process to
federal activities has yielded annual savings that average 31
percent of what it cost the federal government to perform the
function itself, or as much as $20,000 to
$27,000 per full-time-equivalent (FTE) employee studied.
Based upon these estimates, if agencies
raise their FAIR Act inventories to 1,000,000 FTEs from the FY 2000
estimate of 850,000 (down from 900,000 the previous year) and apply
the A-76 process or equivalent to the 5 percent target, they could
reap annual savings of between $1 billion and $1.4 billion per
every 5 percent of the list competed. These savings will accumulate
year after year. If 50 percent of FAIR Act list positions are
competed within five years, annual savings will amount to between
$10 billion and $14 billion. No other spending restraint option now
under consideration offers Congress or the Administration a level
of savings of this magnitude with no reduction in the level or
availability of government services.
To
make these savings a reality, it will be essential that the heads
of federal agencies and departments cooperate with the White House
and OMB in the program's implementation. Members of Congress could
help in the process by using legislative vehicles, such as
appropriations and authorization bills, to encourage the agencies
to compile their comprehensive inventories of commercial-type
positions and subject a portion of that list to the A-76 review
process. Agencies could be encouraged to participate
enthusiastically if they knew they could keep a portion of the
savings they realize through competitive contracting, and if they
could use some of this savings as financial rewards to the
employees and managers involved. Executive Order 12615, which is
still on the books, allows this to be done:
A department or
agency proposal may reflect retention of expected first year
savings as negotiated with the Office of Management and Budget for
use as incentive compensation to reward employees covered by the
studies for their productivity efforts, or for use in other
productivity enhancement projects.
Federal Contracting's Record of
Success
Decades of competitive contracting by the
federal government, often under the auspices of the A-76 process,
have yielded significant savings, much of which has been documented
by government departments and auditors. For example:
- The Department of Defense used competitive
contracting very aggressively over several decades, and its long
record of activity provides an extensive measure of performance. In
March 1996, the department reported to Congress that competitive
contracting had resulted in annual savings of $1.5 billion and that
more than 600,000 civilian and uniformed positions could be subject
to competitive contracting in the near future in order to free
additional resources to bolster America's defense capabilities.
- The CNA Corporation, a private, nonprofit
research organization, conducted a study of 2,138 separate A-76
contracts completed by the DOD between 1978 and 1994. The CNA found
that these contracts, covering a total of 98,348 jobs, provided
savings that averaged 31 percent over costs incurred before the
A-76 review. Significantly, nearly half (48 percent) of the
competitions were won by the in-house staff which submitted the
winning bid in competition with private companies. In-house
contracts averaged savings of 20 percent while contracts won by
private firms averaged savings of 38 percent.
- Another CNA study of the 210 DOD A-76
competitions completed between 1995 and 2000 found that the average
savings amounted to an impressive 44 percent off previous costs and
that 54 percent of the contracts were won by in-house staff in
competition with private companies. This finding belies the
claim, often made by critics, that cost savings from competitive
contracting are limited to just a few easy targets and that once
these are exhausted, there will be little or no savings from
subsequent efforts.
- The CNA conducted another review of A-76
competitions undertaken just within the Navy. That study found that
the 900 competitions conducted by the Navy saved 30 percent but
that the approximately 400 or more contracts won by the private
sector yielded savings of nearly 40 percent.
- The U.S. General Accounting Office (GAO)
reported in December 2000 that DOD estimated that the 286 A-76
reviews it conducted since 1995 generated savings of $290 million
in FY 1999. These contracts covered 10,660 positions, implying
ongoing annual savings of $27,204 for every position subject to a
review and cost comparison by the A-76 process.
- A GAO study of competitive contracting at
the GSA beginning in the early 1980s found equally impressive
savings. Between 1982 and 1992, the GSA reviewed 731 commercial
activities in its Public Building Service under the A-76 process.
Of these, 73 percent were ultimately contracted out to the private
sector for an average savings of 39 percent.
The
DOD's aggressive use of contracting out for some of its many
commercial functions is the exception rather than the rule among
federal departments and agencies. Many agencies, such as the
Departments of Interior and Agriculture, historically have avoided
opportunities to save money and improve services through
competitive contracting of existing in-house operations. This is
particularly so for the Interior Department, whose National Park
Service can be viewed as the world's largest lawn care and
janitorial service. Other exceptions to federal underperformance in
the use of the A-76, beside DOD, were short-lived efforts at the
Department of Commerce and the General Services Administration
during the early 1980s. Both efforts were abandoned after a few
years following changes in departmental leadership.
In
1986, in an effort to overcome traditional agency reluctance,
President Reagan issued Executive Order 12615 requiring departments
and agencies to establish and fulfill ambitious privatization
goals. The order also created the Office of Privatization within
the Office of Management and Budget to oversee the program, and
established an independent Commission on Privatization to study and
recommend opportunities for privatization within the federal
government. Although few, if any, of
the recommendations that emerged from this effort were enacted at
the time, several of the programs first proposed, developed, and
advocated by the Reagan Administration (the Alaska Power Marketing
Administration, the U.S. Enrichment Corporation, the National
Helium Reserve, and the Naval Petroleum Reserve at Elk Hills,
California) eventually were approved for privatization by the 104th
Congress and the Clinton White House. When completed, these
privatization divestitures yielded more than $3 billion in revenues
to the federal government.
The
Administration of President George H. W. Bush continued many of the
Reagan privatization initiatives, but as lesser priorities, and
OMB's Office of Privatization was reduced in size and stature. In
1992, attempting to revive the program, President Bush issued
Executive Order 12803 to encourage and facilitate the privatization
of federally funded infrastructure projects such as wastewater
treatment plants and airports, but agency foot-dragging and OMB's
continued diffidence led to limited impact.
State and Local Successes
Although performance varies significantly
from one jurisdiction to another, competitive contracting for a
wide variety of public services has been growing at both the state
and local levels, with several governors, mayors, and county
commissioners implementing aggressive privatization and contracting
out programs during the 1980s and 1990s to hold down costs and
improve service.
Over
the past several decades, communities around the country have
achieved cost savings and service improvements by contracting out
such functions as wastewater treatment; water supply; school bus
fleet operations; trash collection; recycling programs; golf course
management; janitorial services; facilities management; highway
maintenance, repair, and design; motor vehicle service and repair;
operation of prisons and jails; welfare caseload oversight; school
maintenance and food service; oversight of child support payments;
data processing and information technology; airport management;
special education instruction; nursing home operations; public
school building; grounds keeping and park maintenance; management
of public housing; operation of public libraries; parking meter
coin collection; and operation of public transit programs.
Although the results of state and local
competitive contracting have not been subject to the same
systematic analysis as has federal contracting, there have been a
number of studies and reviews by academics and independent research
organizations. For the most part, savings from state and local
contracting appear to be on the order of those achieved at the
federal level--usually in the range of 20 percent to 30 percent for
most services contracted. Studies of specific state
and local contracting outcomes include the following.
- A recent review of 33 local water
treatment systems that were turned over to private contractors
found that savings averaged 28.2 percent from previous costs and
ranged from 11 percent for one community to a high of 50 percent
for another. Atlanta, Georgia, for example, will save an estimated
$400 million (or 45 percent) through privatization of its water
system.
- A review of the results of competitive
contracting of transit services in eight cities in the United
States and Europe found that unit costs fell by an average of 27.9
percent and that savings ranged from a low of 19.8 percent
(Stockholm, Sweden) to a high of 45.9 percent (London, England).
- As of mid-2000, private contractors had an
estimated 158 adult correction facilities in operation or under
construction in the United States and another 30 abroad. These
facilities served state, local, and federal justice systems in 33
states. Tennessee, Texas, Florida, and Arizona have compared the
cost of a public prison versus a private one and have found that
privately operated prisons saved between 6 percent and 12 percent
off public costs.
MAKING THE MOST OF PRIVATIZATION
OPPORTUNITIES
Bipartisan Support.
The two years of the 104th Congress represented a period of
considerable accomplishment for American privatization efforts, and
much of that success can be attributed to bipartisan cooperation.
Many new Members were elected based on their promises to cut
spending and balance the budget, thereby sending a forceful message
to President Clinton and Congress that the electorate wanted more
action on spending restraint and government waste. President
Clinton responded by including in his FY 1996 budget a substantial
number of proposed privatization proposals, virtually all drawn
from recommendations made in 1988 by President Reagan's Commission
on Privatization. Significantly, Clinton did not rescind Reagan's
E.O. 12615, which thus remains in effect.
In
addition to the four divestiture successes mentioned earlier,
Clinton included in his 1996 budget a proposal to privatize four of
the five Power Marketing Administrations. He also suggested possible
privatization or commercialization of the Federal Aviation
Administration's troubled Air Traffic Control (ATC) system and
recommended that it be turned into an independent government
corporation as an interim step. The President's
privatization list also included several functions of the GSA and
the National Weather Service.
Earlier, President Clinton issued
Executive Order 12893 to encourage the privatization of federally
financed, but locally controlled, infrastructure. This executive
order required the increased use of economic analysis and promoted
public-private partnerships to help ensure the most cost-effective
infrastructure investments. In 1998, the Congress passed, and
President Clinton signed into law, the FAIR Act, which required
that all executive branch agencies and departments each year
compile a list of all of their commercial positions and submit the
list to OMB.
The
compromise version of the FAIR Act that was signed into law in 1998
is not as ambitious in its goals and requirements as the initial
version of the bill introduced by Representative John Duncan (R-TN)
and Senator Craig Thomas (R-WY). Nevertheless, the compromise law
can still serve as a useful foundation for the FY 2002 competitive
contracting goals and operations that President Bush intends to
implement. Bringing the FAIR Act process up to full value will
require both substantially improved efforts by many departments to
properly identify commercial activities and the subsequent
requirement that a portion of the listed inventory be subject to
competitive contracting.
Overcoming Predictable Sources of
Resistance.
With the Reagan executive order still in effect, and with the
enactment of the FAIR Act, President Bush and Congress are in
excellent positions to move forward and commit the federal
bureaucracy to a more expansive program of competitive contracting.
But to move forward effectively, the President and Congress must
first recognize that their privatization plans will encounter
considerable resistance.
The
chief obstacles to their efforts most often are the existing
federal workforce, including both labor and management; businesses
that support the government's programs; local communities in which
the programs function; and elected officials who have become
financially or politically dependent upon a government activity as
it currently exists. As noted earlier, all of these groups see
privatization, or any fundamental change in the status quo, as a
threat to the benefits they already receive. As a consequence,
resistance to privatization is frequent, virulent, and invariably
successful--even the United States Code has often included a number
of congressionally mandated prohibitions against privatization. The
resistance in Congress is evident in the fact that Representative
Wynn's Truthfulness, Responsibility and Accountability in
Contracting Act (H.R. 721) has garnered more than 150
cosponsors.
LESSONS FROM PAST PRIVATIZATION
EFFORTS
Despite such resistance, elected officials
both here and abroad have successfully negotiated their way through
these many obstacles to implement bold privatization programs that
have allowed government to maintain or improve basic public
services. In reviewing these successes, as well as the many
failures, a number of lessons emerge that can help to guide public
officials in making the most of privatization and competitive
contracting opportunities.
Lesson #1: Successful privatization
requires dedicated leadership.
Whether at the local, state, or national level, all successful
privatization programs have at their helm an elected or appointed
official who considers privatization a priority, is willing to do
battle with its traditional opponents, and is determined to
persevere in the face of numerous obstacles and delays. President
Reagan and British Prime Minister Margaret Thatcher both were
successful leaders for these reasons. Both delegated responsibility
to subordinates who were held directly accountable for developing
and implementing effective privatization programs. Reagan created
the first Office of Privatization, whose recommendations later
became the privatization successes of the 104th Congress. At the
local level, considerable privatization successes have been
achieved by former Indianapolis Mayor Stephen Goldsmith, Milwaukee
Mayor John Norquist, and Jersey City Mayor Bret Schundler.
Lesson #2: Successful privatization
also requires that proponents of reform defuse the
opposition.
Even with dedicated leadership, privatization efforts will
fail if leadership ignores the concerns of opponents, however
frivolous or selfish those concerns may seem. As the record of the
past two decades demonstrates, the programs that succeed are the
ones that are open to compromise and accommodate the concerns of
existing and potential opponents, especially those who want to
maintain the status quo. In this regard, it is essential for
reformers to view any act of privatization as a political act with
economic consequences, never the other way around. Privatization
efforts that focus only on the technical gains in cost efficiencies
and service improvements to the exclusion of other considerations
reflect an economic act with political consequences, and those
political consequences invariably will be damaging.
Typical of such successful accommodation
is the common practice of providing workers and managers with
shares in the new enterprise on concessionary terms, either at a
discounted price or at no cost. Generous severance packages and
no-layoff policies also have been used to allay concerns and
diminish opposition among managers and workers whose programs are
targeted for privatization. The A-76 process encourages the workers
to compete for the contract with special advantages, and the record
demonstrates that they are the winning bidder about half of the
time.
Lesson #3: Take time to make your case
to the public.
All too often, reform-minded public officials assume that the
public at large understands the need for fundamental reform and
will readily embrace such proposals. In fact, much of the public
often views dramatic change as risky and fraught with the potential
for adverse consequences. Opponents of privatization and
contracting are quick to inflame such suspicions by making a case
for why such reforms should not be made--often arguing that service
will deteriorate and costs will rise. Such opposition campaigns can
put privatizers on the defensive and force them to play catch-up in
what all too often turns into a losing fight for public
support.
Overcoming the public's natural
inclination against change requires that proponents make a clear
case for why change is good and how the proposed reforms will make
things better. While saving money is often the key reason for
contracting, improving service is another, and this is the one that
should be emphasized. Otherwise, the public may associate saving
money with cutting corners and inferior service; the opponents of
reform will certainly work to create that impression.
Ongoing quality control problems at the
Department of the Interior offer an excellent example of how
contracting can improve services to ordinary citizens. Interior has
long resisted efforts to get it to contract out more of its
commercial-like activities, a notable example being the mapmaking
responsibilities of the U.S. Geological Survey (USGS), a federal
entity lodged within the Interior Department. While contracting out
some or all of Interior's commercial activities would likely save
money, the chief benefit would be more accurate maps available in a
timely fashion, as the account on page 11 illustrates.
Lesson #4: Privatization requires
effective use of legislative vehicles.
For years, the legislative process, particularly the
appropriations process that funds the programs and agencies, has
often been used by opponents to prevent privatization. By learning
from these defeats, proponents have discovered that the same
legislative vehicles and techniques can be used in support of
privatization.
One advantage of the legislative
process--especially the appropriations process--is that it can
provide cover for controversial proposals by combining them with
legislative vehicles that simultaneously provide billions of
dollars for thousands of other programs. Because typical U.S.
privatization proposals tend to attract more committed opponents
than supportive friends, such proposals might never pass if offered
by themselves. If, however, the proposal is rolled in with a much
larger number of more important issues--such as annual funding of
the Department of Energy and its 16,000-employee payroll--the
concerns of a few Members of Congress or a few dozen employees
might not be sufficient to defeat the legislation because so much
more is at stake. During 1996, for example, several of the major
privatization proposals that were enacted were included in vehicles
such as the comprehensive continuing resolution or the defense
authorization bill, the latter of which included a bold proposal
for contracting out many DOD activities linked to national security
programs.
Another legislative mechanism by which
Congress can encourage privatization is by making selected
reductions in an agency's budget. In such circumstances,
privatization becomes a solution to those financial limits,
particularly if an agency is required to maintain its existing
level of service--an objective that can be met only through
management and cost efficiencies that are achieved most easily
through contracting out.
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OBSOLETE MAPS OF
THE INTERIOR DEPARTMENT
Because of significant inefficiencies and wasted resources, the
Department of the Interior's U.S. Geological Survey (USGS) sells
topographical maps of American communities that are as much as 22
years out of date.
The USGS map of the Fredericksburg, Virginia, area illustrates
the potentially serious problems such obsolescence can cause. The
map, which was being sold for $4.00 in the ground-floor store at
Interior's headquarters in Washington, D.C., as late as June 1999,
was not an accurate reflection of the Fredericksburg area, and at
least one of the flaws could be viewed as potentially dangerous to
anyone using the map to find the only hospital in the region. The
structure identified on the map as the hospital has been the
Chamber of Commerce since the late 1980s, when the new hospital was
built a mile north. Interior's map also excludes a new limited
access highway-the Blue-Gray Parkway (State Route 3)-as well as the
Mayfield Ferry Farm Bridge over the Rappahannock River and every
residential subdivision, road, and business establishment built
since 1981. It even includes quite a few things that are no longer
there, such as a public golf course, a wastewater treatment plant,
and a high school.
The explanation for these manifest deficiencies can be found
printed on the edge of the map where it notes that the map was last
updated in 1984 from aerial photos taken three years earlier, in
1981. The map itself was actually produced in 1963, and these
1981-1984 revisions were simply printed on top of the 35-year-old
map in a different color ink. Street and subdivision names are
provided for those existing in 1963, but the 1984 update to the map
(identified in purple) only indicates where streets and/or
structures have been added between 1963 and 1984, and no attempt is
made to identify or name them.
Bureaucrats may be tempted to blame such poor-quality products
on budget cuts or other resource limits; but while the federal
taxpayer-subsidized mapmaking system offered a product 18 years out
of date, the for-profit private sector provides a product that is
up-to-date, comprehensive, and less expensive. Many Fredericksburg
retailers sell for $2.95 a map produced by ADC of Alexandria, Inc.,
a private, for-profit mapmaking company. The ADC map includes all
of the recent changes to the community such as the Blue-Gray
Parkway, the Mayfield Ferry Farm Bridge, and the new hospital. It
also provides the names of all streets and subdivisions as well as
a convenient, alphabetized key to help locate streets and other
items of interest.
The contrast between the maps is striking. Indeed, given the
many important safety and national defense-related uses of such
maps, the obsolescence of the government products is indefensible
and harmful. Nevertheless, at no place on the maps or in the map
sales facility at the Interior Department is there a warning about
the potential risks associated with the maps' obsolescence and
known inaccuracies.
The differences in cost, quality, and accuracy beg the question
of why the Interior Department does not contract with the private
sector to produce maps that are accurate and useful to the public.
If private companies like ADC Inc. can profitably produce maps that
are more accurate, more timely, and less expensive, Interior should
contract with them to upgrade its maps and mapmaking capabilities.
The public would be better served.
Although Congress has frequently encouraged or required USGS to
make greater use of the private sector's mapmaking expertise, USGS
has largely ignored these and other mandates. The Senate's FY 2001
appropriations bill for Interior noted this defiance when it
observed that "The Committee is dismayed that complaints continue
to be heard regarding the [USGS's] competition with the private
sector…. The Committee is frustrated that USGS has not made
further inroads in this area and insists that it address these
problems directly."1 With new leadership in the
White House committed to greater use of competitive contracting,
the USGS would seem to be a top candidate for reform through
competitive contracting.
1. Department of the Interior and
Related Agencies Appropriations Bill, 2001, Report 106-312,
Calendar No. 628, 106th Cong., 2nd Sess., June 22, 2000, p. 44.
|
Applying the Lessons to the National Park
Service: A Case Study
A
useful way to illustrate how these lessons in competitive
contracting can be applied to solve performance and cost problems
in government is through a prospective case study of a government
department that provides many commercial-type services, but in a
very inefficient way. The National Park Service (NPS), which
performs a variety of commercial-like functions in its capacity as
both a steward of valuable national resources and the operator of a
far-flung multi-site entertainment complex, illustrates the
benefits and the versatility of competitive contracting.
The
National Park Service was established in 1916 as part of the
Department of the Interior with a very specific charge: "to
conserve the scenery and the natural and historic objects and the
wild life of the nation's parks...leaving them unimpaired for
future generations." The NPS employs a staff of 20,000 to oversee
379 sites covering more than a million acres. These sites range
from vast and rugged wilderness to historic urban structures. An
estimated 290 million tourists visit these sites each year--a
figure that exceeds the population of the United States by 10
million.
In
recent years, and often by its own admission, the NPS's role as
both steward and host has left much to be desired as parks and
sites become more threadbare and less accommodative to visitors.
The NPS claims these problems are not its fault, but rather a
consequence of a parsimonious Congress that underfunds the Service.
Several years ago, the NPS attempted to pressure Congress into
providing more money by threatening selective closures. Typical was
the 1996 TV interview by NPS Director Roger G. Kennedy, who said
just before the start of the summer vacation season that "The hours
will be shorter, they will find museums closed, they will find some
visitors centers that aren't open, they will find trails marked
`closed.'" When Congress ignored Kennedy's threats, his Deputy
Director, Denis Galvin, tried another tactic when he admitted that
"I would describe the general state of most parks as fair to poor
and not getting any better." At about the same time, the
NPS began to argue that its maintenance and repair backlog was as
high as $6 billion, a figure that the GAO contends is grossly
exaggerated, but is still sufficiently large to suggest a failure
of stewardship.
Among the chief reasons for this state of
affairs is the NPS's insistence that it perform virtually all park
functions with uniformed NPS personnel regardless of whether there
is a less expensive alternative. NPS employees cut grass, clean
toilets, collect fees, and repair roads--functions that virtually
all other federal departments and state and local governments have
competitively contracted out to private businesses at considerable
savings. As a result, NPS spends more money on routine efforts than
is necessary, and its self-inflicted budgetary shortfalls limit its
ability to fulfill other functions adequately. In a few notable
cases, NPS cost overruns have been worse than some allegations
raised in DOD weapons programs. Such embarrassing NPS excesses
include an $800,000 outhouse at the Delaware Water Gap National
Recreation Area and employee housing at
Yosemite National Park that cost the taxpayer an average of
$584,000 per house.
The
NPS's record of fiscal mismanagement and underperformance has been
noted by government fiscal watchdogs such as the Interior
Department's Inspector General and the GAO. According to both, a
chief part of the problem has been NPS's inadequate financial
control and management system, which often fails to reveal valuable
cost information and problems to managers at NPS and Interior. In
one audit, the Inspector General discovered that the NPS carried a
vacuum cleaner on its books as worth more than $800,000 but valued
a fire truck at only a penny. As recently as January
2001, in its annual performance report for Interior, the GAO
concluded that "The Park Service acknowledges its shortcomings in
many areas and has taken steps to adopt fresh approaches to address
its considerable needs. Our work, however, has shown that these
efforts have fallen short in several significant areas."
With
management often ignorant of its own financial situation and of the
cost of its many operations, the NPS is not capable of choosing
more efficient and cost-effective practices and has no objective
standard by which to measure its own performance. As a result, and
as many other federal agencies discovered in the early 1980s, the
NPS may be paying as much as double what it would otherwise have to
pay for routine services had they been competitively contracted. By
mismanaging and misallocating its limited resources, the NPS finds
itself with little left for maintaining existing services or
reducing its repair and maintenance backlog, and existing personnel
cannot be redeployed to higher valued activities.
Given the Park Service's manifest
management problems and the esteem in which the parks are held by
the American people, a compelling case could made by the President
and by the Secretary of the Interior that major reforms are needed
to stem the deterioration and restore the grandeur and majesty of
nature's crown jewels. The President could further argue that the
need is so great and the reforms so vital as to necessitate
drafting into the effort the talents and resources of the best the
private sector can offer to work shoulder to shoulder with Park
Service personnel.
Because many Park Service employees are
seasonal and thus without full-time or long-term commitment to the
Service, employee opposition may be less significant than with
other departments that have largely full-time, career staff. From a
workforce problem perspective, this makes the NPS a relatively less
fractious enterprise to subject to competitive reforms. At the same
time, employee concerns might be further offset if the reform
process also includes a commitment to devote any cost savings to
park enhancements, thereby possibly permitting the redeployment of
existing staff to more rewarding jobs if private contractors took
over their previous jobs.
To
ensure that the concerns of environmentalists and outdoor
enthusiasts are addressed, the reform focus would also emphasize
the need to improve the parks, not simply to save money. To
accomplish this, the President could commit to using some or all of
the expected savings from competitive contracting to address the
parks' maintenance backlog and to enhance environmental
quality.
Earning the support of the public at large
is also essential because opponents of park reforms will
misrepresent the effort as nothing more than an effort to save
money by cutting corners. They will warn that mindless cost-cutting
by profit-seeking business will jeopardize the sanctity of the
parks and lead to environmental degradation. Predictable
misrepresentations such as these can be defused and preempted by
making it clear from the beginning that needed park improvements
are the primary motivation for reform, and that cost efficiencies
will help pay for additional needed improvements.
One
good role model for the NPS is the competitive contracting program
implemented at the General Services Administration during the first
half of the 1980s. Focused largely on contracting out the custodial
and routine building maintenance services for other government
departments, the GSA realized savings of between 40 percent and 50
percent from the cost of providing custodial work with its own
staff. Because GSA functions are close to many of those performed
by NPS, comparable savings could be realized in contracting out the
routine services such as maintenance, repair, cleaning, custodial,
and landscaping typically performed at the 379 sites managed by the
NPS.
An
even better model for NPS contracting reform would be the
comprehensive competitive contracting programs implemented
beginning in the 1988 in the provincial park systems of Canada's
two westernmost provinces, British Columbia and Alberta. Within
four years, BC Parks had contracted out the entire operations and
maintenance of each of its parks, leaving just a few government
management employees to oversee the private contractors. In return
for operating the parks, contractors retain all camping and
firewood fees and receive an "efficiency payment" to cover
additional operating expenses. Savings under the program average 20
percent, and these savings are reinvested in the system to enhance
conservation efforts at the parks. The neighboring province of
Alberta implemented a similar reform program in 1997, and 90
percent of its campsites today are maintained and operated by
private contractors.
These recent contracting successes suggest
that such techniques can be applied to the U.S. National Park
Service for the same purpose: to provide the same or better
services for less money and thereby release additional resources to
duties now being neglected. Potential areas of opportunity for
competitive contracting include all routine campground management
and maintenance; road repair, maintenance, and snowplowing; all
routine groundskeeping and maintenance; all custodial-type
functions; and all facilities repair and maintenance, park and site
security, and vehicle management and maintenance, as well as
participation in the Department of the Interior's Office of
Aviation Services, which owns and operates scores of airplanes,
including several passenger craft. Other contracting opportunities
include data processing, parks reservations, printing, mapmaking,
fee collection, education programs, and the development and
operation of NPS's accounting and financial control system.
The
President should also work to bring Congress in on the effort.
Congress can, for example, require the NPS to contract out as much
as possible and to do more with less, as other federal departments
like Defense have done. At the same time, the President can use the
provisions of the FAIR Act to require the NPS to provide an honest
and comprehensive inventory of commercial functions, and then
establish an ambitious schedule to subject that inventory to
competitive contracting.
Given the NPS's long-standing resistance
to competitive contracting, Congress could specify in detail the
types of management efficiencies that it expects the NPS to utilize
in meeting the total service objective described above. Congress
could require, for example, that various NPS activities and
functions be subject to competitive contracting within a defined
time frame, such as six months from date of passage; alternatively,
it could allow them to be phased in over time, with half
accomplished the current year and half the next.
There already is substantial legislative
precedent for such explicit congressional direction, and some of it
has been applied to several of the NPS's sister bureaus within
Interior. For example, the 1996 Department of the Interior
appropriations bill stated that "The Committee expects the [U.S.
Geological] Survey to continue to increase its contracting of map
and digital data production, with a goal of no less than 50 percent
contracting by the end of fiscal year 1997 and no less than 60
percent contracting by the end of fiscal year 1999." Even
stronger language was applied to the U.S. Navy; the House Defense
Appropriations Subcommittee "directs the Navy to obtain any future
photogrammetric services from the private sector. Photogrammetric
services currently available in Navy shipyards shall be used only
to train Navy personnel on the proper use of this technology tool
so that proper specifications can be written and the quality of
work and proposals from the private sector can be evaluated."
Even
though agencies often ignored these reform mandates during the
Clinton Administration, a cooperative President can better assure
that they are fulfilled.
Other Practices Congress Could
Adopt.
Although the above examples of supportive congressional actions
are explicit in intent, experience indicates that many agencies
simply ignore these requirements in the belief that there will be
no congressional follow-up. When there is, many government agencies
have been adept at raising extenuating circumstances to explain the
"delay." To obviate this resistance, additional legislative
language can be added to limit both funds and personnel. For
example, because contracting has been found to save between 25
percent and 30 percent on average compared to what the government
was paying to perform the service itself, government departments
scheduled for competitive contracting could have their budgets
reduced by this amount in advance.
The
number of workers that each department may employ could also be
limited. If it is assumed that private contractors will win at
least half of the competitive contracting proposals, the
appropriations bill could require 50 percent cuts in employment
levels in anticipation of the contracts. A generous severance
package could be included to facilitate the change. Such management
mandates are common within appropriations bills, although in the
past, Congress used specific employment targets to increase the
number of government employees or to protect certain workers by
establishing minimum levels that had to be maintained regardless of
whether the program or the workers were needed.
Although the National Park Service was
chosen to illustrate the application of certain privatization
techniques and political strategies that could ensure success,
these same techniques can be applied to any government agency in
which personnel services of varying degrees of sophistication are
the primary product provided by government. This would include the
Department of Commerce, the other bureaus within the Department of
the Interior, and the General Services Administration.
CONCLUSION
President George Bush's proposal to revive
and expand the federal government's program of competitive
contracting is a refreshing change from the official disinterest
that characterized the program for the past 12 years. As recently
as 1983, the DOD subjected 28,190 commercial-type positions (known
as "billets" in the defense bureaucracy) to the A-76 process; but
because of growing congressional opposition and waning executive
branch interest, the number of positions reviewed under the program
began to decline and by 1995 had fallen to just 133 billets
reviewed within the department. The number has since risen sharply,
and in FY 2000 reached 8,174: a vast improvement from average
performance during the past 10 years but still less than a third
the number reviewed in the early 1980s.
If
the President is successful in reaching the ambitious competition
goals he has set for his Administration, he should easily exceed
the performance records established in the early 1980s by the
Reagan Administration. As a consequence, federal program costs will
be reduced by as much as 40 percent, between $10 billion and $14
billion per year will be added to the surplus, and basic public
services will improve.
Dr. Ronald D. Utt
a Senior Research Fellow in the Thomas A. Roe Institute for
Economic Policy Studies at The Heritage Foundation.
Endnotes