insourcing basics

15
Insourcing Basics Thomas F. Kaplan June 7, 2012

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I delivered this presentation to federal government HR staffs in June 2012.

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Page 1: Insourcing Basics

Insourcing Basics

Thomas F KaplanJune 7 2012

Notices

The basis for information in this presentation is US Public Law and US Office of Management and Budget policy You should check with your agency to learn how it implements insourcing

Some of the information contained in this presentation is protected under US Copyright Law

2

Topics

bull What is Insourcing

bull Why Insourcing Now

bull When is Insourcing Required

bull Who is Responsible for Insourcing

bull What is an Inherently Governmental Function

bull What is a Closely Associated with Inherently Governmental Function

bull What is a Critical Function

bull What are Some of the HR Roles in Insourcing

bull Resources

3

What is Insourcing

bull Insourcing is the act or result in changing performance of functions from non-federal employees (eg contractors) to federal employees

bull The opposite of outsourcing or contracting out of functions

4

Why Insourcing Now

bull Insourcing

ndash Returns inherently governmental and closely associated with inherently governmental functions to federal performance and

ndash reduces overreliance on contractors generally due to bull the growth of the contractor workforce and

bull lack of adequate government contractor oversight

ndash Ensures critical functions have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

Source OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

5

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 2: Insourcing Basics

Notices

The basis for information in this presentation is US Public Law and US Office of Management and Budget policy You should check with your agency to learn how it implements insourcing

Some of the information contained in this presentation is protected under US Copyright Law

2

Topics

bull What is Insourcing

bull Why Insourcing Now

bull When is Insourcing Required

bull Who is Responsible for Insourcing

bull What is an Inherently Governmental Function

bull What is a Closely Associated with Inherently Governmental Function

bull What is a Critical Function

bull What are Some of the HR Roles in Insourcing

bull Resources

3

What is Insourcing

bull Insourcing is the act or result in changing performance of functions from non-federal employees (eg contractors) to federal employees

bull The opposite of outsourcing or contracting out of functions

4

Why Insourcing Now

bull Insourcing

ndash Returns inherently governmental and closely associated with inherently governmental functions to federal performance and

ndash reduces overreliance on contractors generally due to bull the growth of the contractor workforce and

bull lack of adequate government contractor oversight

ndash Ensures critical functions have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

Source OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

5

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 3: Insourcing Basics

Topics

bull What is Insourcing

bull Why Insourcing Now

bull When is Insourcing Required

bull Who is Responsible for Insourcing

bull What is an Inherently Governmental Function

bull What is a Closely Associated with Inherently Governmental Function

bull What is a Critical Function

bull What are Some of the HR Roles in Insourcing

bull Resources

3

What is Insourcing

bull Insourcing is the act or result in changing performance of functions from non-federal employees (eg contractors) to federal employees

bull The opposite of outsourcing or contracting out of functions

4

Why Insourcing Now

bull Insourcing

ndash Returns inherently governmental and closely associated with inherently governmental functions to federal performance and

ndash reduces overreliance on contractors generally due to bull the growth of the contractor workforce and

bull lack of adequate government contractor oversight

ndash Ensures critical functions have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

Source OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

5

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 4: Insourcing Basics

What is Insourcing

bull Insourcing is the act or result in changing performance of functions from non-federal employees (eg contractors) to federal employees

bull The opposite of outsourcing or contracting out of functions

4

Why Insourcing Now

bull Insourcing

ndash Returns inherently governmental and closely associated with inherently governmental functions to federal performance and

ndash reduces overreliance on contractors generally due to bull the growth of the contractor workforce and

bull lack of adequate government contractor oversight

ndash Ensures critical functions have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

Source OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

5

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 5: Insourcing Basics

Why Insourcing Now

bull Insourcing

ndash Returns inherently governmental and closely associated with inherently governmental functions to federal performance and

ndash reduces overreliance on contractors generally due to bull the growth of the contractor workforce and

bull lack of adequate government contractor oversight

ndash Ensures critical functions have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

Source OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

5

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 6: Insourcing Basics

When is Insourcing Required

bull SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONSndash The guidelines and procedures required hellip shall provide for special consideration to be

given to using Federal employees to perform any function that is performed by a contractor and

bull has been performed by Federal employees at any time during the previous 10 years

bull is a function closely associated with the performance of an inherently governmental function

bull has been performed pursuant to a contract awarded on a non-competitive basis or

bull has been performed poorly as determined by a contracting officer during the five year period preceding the date of such determination because of excessive costs or inferior quality or

ndash is a new requirement with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

6

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 7: Insourcing Basics

Who is Responsible for Insourcing

bull GUIDELINES REQUIRED

ndash The heads of executive agencies subject to the Federal Activities Inventory Reform Act of 1998 shall devise and implement guidelines and procedures to ensure that consideration is given to using on a regular basis Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees

ndash The guidelines and procedures required hellip may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees

Source PL 110-161 Section 736 Guidelines onInsourcing New and Contracted Out Functions

7

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 8: Insourcing Basics

What is an Inherently Governmental Functionbull A function that is so intimately related to the public interest as to require

performance by Federal Government employees

ndash The term includes functions that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government including judgments relating to monetary transactions and entitlements

ndash The term does not normally includemdash

bull gathering information for or providing advice opinions recommendations or ideas to Federal Government officials or

bull any function that is primarily ministerial and internal in nature (such as building security mail operations operation of cafeterias housekeeping facilities operations and maintenance warehouse operations motor vehicle fleet management operations or other routine electrical or mechanical services)

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions 8

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 9: Insourcing Basics

What is a Closely Associated with Inherently Governmental Functionbull Services in support of inherently governmental functions including but not

limited to the following

ndash Performing budget preparation activities such as workload modeling fact finding efficiency studies and should-cost analyses

ndash Undertaking activities to support agency planning and reorganization

ndash Providing support for developing policies including drafting documents and conducting analyses feasibility studies and strategy options

ndash Others

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

9

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 10: Insourcing Basics

What is a Critical Function

bull The policy letter requires agencies to identify their lsquolsquocritical functionsrsquorsquo in order to ensure they have sufficient internal capability to maintain control over functions that are core to the agencyrsquos mission and operations

bull While contractor performance of critical functions is common if the agency determines that internal control of its mission and operations is at risk due to overreliance on contractors to perform critical functions requiring activities should work with their human capital office to develop and execute a hiring andor development plan

bull Typically critical functions are recurring and long-term in duration

Source Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01

Performance of Inherently Governmental and Critical Functions

10

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 11: Insourcing Basics

What are Some of the HR Roles

bull OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009 states under ldquoAn Initial Framework for Managing the Multi-Sector Workforcerdquo

ndash Workforce Planning

bull Derive workforce needs from organizational goals and

bull Determine skill mix and total labor requirements

ndash Sourcing Determination

bull Determine if work must be performed only by federal employees or may be performed by either federal employees or private sector contractors and

bull Perform a cost analysis if both sectors are being considered for performance of a function

11

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 12: Insourcing Basics

What are Some of the HR Roles (ctd)

bull Additional roles may include

ndash Identifying inherently governmental and critical functions

ndash Conducting labor market analysis to determine feasibility and timing for potential insourcing actions

ndash Evaluating and adjusting competency models in cases where contractors were utilized in lieu of Federal employees to ensure adequacy and availability of skills

Copyright 2012 Thomas F Kaplan

12

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 13: Insourcing Basics

Summary

bull The agency Chief Acquisition Officer and Chief Human Capital Officer have specific responsibilities for implementing insourcing

bull Agencies must have published insourcing policies and guidelines (since 2009)

bull Inherently governmental functions must (always) be performed by federal employees

bull HR has an important role in implementing insourcing through workforce planning and executing sourcing decisions

Copyright 2012 Thomas F Kaplan

13

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 14: Insourcing Basics

Resourcesbull Public Law

ndash 110-181 Section 324 Guidelines on Insourcing New and Contracted Out Functions (DoD) httpwwwgpogovfdsyspkgPLAW-110publ181htmlPLAW-110publ181htm

ndash 110-161 Section 736 Guidelines on Insourcing New and Contracted Out Functions httpthomaslocgovcgi-binqueryCc111temp~c111T6TWtc

ndash 111-117 Section 743 (a) Service Contract Inventory Requirement httpwwwgpogovfdsyspkgPLAW-111publ117pdfPLAW-111publ117pdf

ndash 105-270 The Federal Activities Inventory Reform Act httpwwwwhitehousegovombprocurement_fairact

bull US Office of Management and BudgetOffice of Federal Procurement Policyndash OMB Memorandum M-09-26 Managing the Multi-Sector Workforce July 29 2009

httpwwwwhitehousegovsitesdefaultfilesombassetsmemoranda_fy2009m-09-26pdf

ndash Office of Federal Procurement Policy (OFPP) Policy Letter 11ndash01 Performance of Inherently Governmental and Critical Functions httpwwwgpogovfdsyspkgFR-2011-09-12pdf2011-23165pdf

bull US Office of Personnel Management Chief Human Capital Officerrsquos Training Academyndash Multi-Sector Workforce Analysis Pilot Project Early Lessons Learned and Emerging Best Practices by Thomas F Kaplan

wwwchcocgovMeetingsDownloadFileaspxMeetingFileID=160

bull US Governmental Accountability Officendash Army Case Study Delineates Concerns with Use of Contractors as Contract Specialists httpwwwgaogovproductsGAO-08-360

ndash Civilian Agencies Development and Implementation of Insourcing Guidelines httpwwwgaogovproductsGAO-10-58R

ndash Initial Agency Efforts to Balance the Government to Contractor Mix in the Multisector Workforce httpwwwgaogovproductsGAO-10-744T

bull Congressional Research Servicendash Insourcing Functions Performed by Federal Contractors An Overview of the Legal Issues httpwwwfasorgsgpcrsmiscR41810pdf

bull US Department of Defensendash DoD Insourcing Initiative Clearinghouse httpprhomedefensegovRSIREQUIREMENTSINSOURCE

bull US Department of Energyndash Multi-Sector Workforce Management Operating Guidelines httpenergygovsitesprodfilesmaproddocumentsMSWF_Op_Gd_Link_1pdf

14

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15

Page 15: Insourcing Basics

Thomas F Kaplan

Thomas (Tom) retired from federal service in April 2012 His most recent positions was as the Research and Development Program Management Officer for the US Office of Personnel Management Human Resources Solutions Group at their Washington DC headquarters Tom has 28 years of civilian and military headquarters and field activity and private sector technical experience in human capital and human resources financial management procurement and organizational change disciplines Tomrsquos practical hands-on experience spans every phase of developing and executing organizational change strategic human capital plans and multi-sector workforce management efforts to help transform the government into a performance-oriented cost-effective workplace

Tom is the principle author of ldquoThe Human Resources Role in Managing Organization Changerdquo FPMI 1999 and 2003

Tomrsquos copyrighted works include

bull The Human Resources Role in Managing Organization Change 2007

bull Blended Workforce Management Model 2008 httpsaccdaumilCommunityBrowseraspxid=240581amplang=en-US

bull Analyzing and Balancing the Federal Blended Workforce 2008

bull Multi-Sector Workforce Management Analysis and Insourcing Implementation Model 2011

15