Military Librarians Workshop, 18-20 Nov 97, Dayton Marriott Hotel, Dayton, Ohio


Pros & Cons of Contracting Library Functions

© November 1997

Doria B. Grimes

National Oceanic & Atmospheric
Adminstrative Library
1315 East West Highway, 2nd Fl.
Silver Spring, MD 20910-3282
dgrimes@nodc.noaa.gov

Military Librarians Workshop '97 program.

Good afternoon. On my first overhead, I will be presenting some generalities that have been experienced when a library contracts out some of its support functions. Many of these elements are basic, but are worth a review. I will also attempt to be as balanced as possible.

1. TURNOVER
The average used in the federal government is to expect 10% turnover in staffing annually. This calculates to 50% at the most at the end of five years. This five year benchmark is also the length of a services contract. Support contracts and contract staff, on the other hand, are re-bid or re-negotiated every five years because the entire contracting process is on a five year cycle. Consequently, 100% turnaround in contract staff is possible - if the contract goes to another company. A new company can and in some cases is successful is re-hiring the federal or former contract personnel. So this 100% turnaround is not always the case. However, please note that the successor company has bid lower than the incumbent. Thus, the staff is most always offered a lower salary. The experience at the NOAA Central Library has been 100% turnaround on contract staff when another company takes over a new contract. Turnover also impacts corporate memory. A stable core of federal employees is essential to provide the continuity in the library's collections development, agency connections, and budget battles.

Impact on Training and Re-Training
Federal staff , once trained, will be around up to 10 years - when the 10% turnaround rules is applied. Training for contractors is necessary with each successive new company, as there are a number of in-house requirements unique to the agency. In addition, the incumbent contractor experiences greater staff turnover when administering the contract. This is understandable, because many young library professionals and library technicians begin their careers with a contract while looking for a more permanent position. We have a in-house joke that we are the NOAA School of Library and Information Science because of all of the contractors that we have taught to catalog and perform interlibrary loan functions. Granted that contractors are supposed to provide experienced and trained staff. However, there are a number of in-house procedures, and an inherent desire for many to seek a more permanent position.

Termination of Employees
There is a myth that federal employees cannot be fired. This is indeed a myth. I have been successful in terminating staff who have not been forming at acceptable levels. Yes, it takes a lot of documentation, but it can be done without violating the employee's rights. Suffice it to say that it is more difficult to terminate a federal employee that a contractor. Contractors, on the other hand, can be replaced more easily. For example, reputable companies want to please their federal agency, and want to know how their staff is performing. On several instances, I have asked the contract project manager to replace an employee who is not working out - after many attempts at re-training. This has been quickly implemented with a new contractor reporting the next day.

2. STAFFING
As we all know, we are "doing more with less" in the federal government. Our staffs are shrinking. This is a long term problem as a manager, and there does not seem to be any change in this policy in the immediate future. Hiring contract staff is an excellent solution for special projects. For example, when functions at the NOAA Central Library were contracted out in 1988, the Internet, Home pages, and electronic documents did not exist at the library. Since then, these major and important services have been incorporated using contract staff. I have also been successful is receiving funding through grants - the special projects being executed with the help of contract staff. Please remember, however, to keep the management of the special projects, be it digitization or creating Home pages, under federal control. At the NOAA Central Library, we provide guidance to the contractor who modifies the Home pages, etc.

3. SALARIES
Federal employees are usually paid a higher amount per hour, whereas contractors are paid less. This supports my earlier statements regarding that some library professionals are contractors until they find federal employment. This also supports the turnover problem. Higher federal salaries do make it difficult to win a contract in-house.

4. VERSATILITY
All of us have this wonderful clause in our Positions Descriptions - "Performs miscellaneous duties as assigned." This clause covers many instances when new technology or special projects are added to our regular duties. Contractors, on the other hand, are legally limited to the functions described in the Statement of Work. In DoD, I believe it is called the Performance Work Statement or PWS. For example, at the NOAA Central Library, we had a flood in which the books in the basement were under 3 inches of water. The federal staff immediately established a book brigade to carry out the wet volumes. The contractor at the time did not assist in the emergency, stating that it was NOT in their PWS. Needless to say, that contractor is no longer with us. This may not happen at your library, and most contractors will help in an emergency - if there is not additional overtime. But I am citing this example to illustrate the contractual limitations that are legal.

5. CORPORATE AFFILIATION
As federal employees we are part of and identify with the agency that we support. Our contractors are part of the team, but have distinct limits in their participation. For example, our contractors do NOT and CANNOT attend budget meetings, staff meeting, prepare confidential personnel documents, or any other "inherently governmental" functions. We at NOAA include the contractors in our office celebrations, holiday parties and early dismissals. However, as much as we try to be inclusive, they really are like a stepchild with some but not all of the benefits. Another example, when we experienced the government-wide shutdown in January 1996, the federal staff was eventually paid their salary. A Stop Work Order was executed to the contractors, who were not paid. This also caused some resignations of contract staff.


CONTRACTING IN A LARGE BUREAUCRACY

On this next overhead, I will present the pro's and con's of contracting in a large government organization - like DoD or the Dept of Commerce, NOAA or any other Executive agency. Rather that fight the system, use it to your advantage.

1. CORPORATE EXPERIENCE
Most of us have large Procurement Offices that can and do execute the required documentation to execute a good, solid contract. Unfortunately, some of these Procurement folks have no concept of what are library support services . They are used to order widgets, and need some education on our part. Yes, we have all experiences with the regulations, rules, and fences that are place in our way. However, that is what we - as COTR's (Contracting Officer's Technical Representatives) are paid to do. Keep the Procurement folks well informed in advance and know your facts. I have won every battle, but you need to be well prepared . Even though you may work at a library, become certified in contracting. Again, I am a certified COTR which means that I manage the contracts at the NOAA Central Library. But I am also in charge of Technical Services, Special Collections, and the Photo Collection, Interlibrary Loan, maintain the budger, pay bills and "other miscellaneous duties as assigned." This certification keeps this position as a federal FTE (Full Time Equivalent) as a "inherently" governmental position.

2. GREATER GUIDANCE
The experience of Procurement officials enables them to provide greater guidance in the selection of which type of contract to execute - be it labor/hour, fixed fee, etc. The disadvantage is that many Procurement Offices are loath to try innovative solutions, new solutions, or anything that has not been tried before.

3. LARGE CONTRACT'S
Compared to other very large contracts, library support services are minuscule. Thus, it is an education process that we must do for Procurement officials so that the unique requirements are understood. Library services are not widgets.

4. RIDE ESTABLISHED CONTRACTS
Contracting library support services has been around for at least ten years. So don't re-invent the wheel and write your Performance Work Statement by yourself. Adopt copies of those already being used. Several agencies also have established contracts with large dollar amounts, i.e. ceilings, which enables other agencies to use the same contract. I encourage you to see into some established contracts with GSA and elsewhere in the federal sector. The National Institutes of Health Library is preparing a GWAC (Government-Wide Acquisitions Contract) that other agencies can use. FEDLINK also has some for technical processing.

5. USE GENERAL COUNSEL
When in doubt, ask your Office of General Counsel for any clarification necessary. They are your best ally and advocate. Remember, this service is at no charge to you. An example that I used the General Counsel was their assistance in establishing which areas are "inherently governmental" at the NOAA Central Library. With their help, the reference functions, database management which oversees OCLC cataloging, as well as Collection Development were accepted by the agency in this category.

Other important points in your library advocacy are:

A.) The placement of your library in your agency's organization chart reflects the level of support that you will receive. Remain as high on the chart as possible. However, I caution you NOT to be in the Office of Administration. This area has been and continues to be the target of severe budget cuts.

B) Market your library within the agency at agency new employee orientations. Establish a Library Advisory Council made up of library advocates from each line office or department. This creates levels of support. The NOAA Library Advisory Council meets quarterly and assists in reviewing journal selections. They have been very instrumental in supporting the library when the journal budget was slashed.


FEDERAL FUNCTIONS AT THE NOAA CENTRAL LIBRARY

The discussion regarding what is considered "inherently governmental" at the library has been determined at the highest levels at NOAA. In 1993, we were successful in obtaining a signed policy memorandum on this subject. Basically, Reference was supported as a federal function due to the number of confidential searches that are performed by the library for the NOAA Office of Procurement regarding contractors. It is inappropriate for a contractor to perform searches and obtain information on their competitors during contract negotiations. This simple function, which many of you may also being doing, supports Reference as a governmental function.

In addition, we have a Collections Development Librarian that was determined by the General Accounting Office as "inherently governmental." In GAO Report number GAO/RCED-87-184 "Contracting Out - - National Oceanic Atmospheric Administration's Central Library stated that "core governmental staff....to ensure that the collection development functions is performed." As a result of this ruling, I immediately hired a Collections Development Librarian GS 1410-11/12. This plus a core federal staff of library managers, reference librarians, and database managers make up the federal staff at NOAA. This includes a network manager and database managers. These database managers are also professional library catalogers and who perform quality control of cataloging by contractors.

QUALITY ASSURANCE EVALUATOR
Are you familiar with Quality Assurance Evaluators? This is a common position description. However, have you ever seen one in a library position, the 1410 professional series? Well, I have one. This is indeed an "inherently governmental" function. Please note that my quality assurance evaluator is also in charge of the Special Collections and Gifts and Exchange Program. Again this is an opportunity to use the regulations and still manage a library with professional federal librarians.

PERFORMANCE MEASUREMENTS
Earlier presentations stressed very vague performance measurements in the Statement of Work, i.e. Performance Work Statement. I am of the opinion and my colleague on the podium, who is a contractor, agree that performance measurements are needed. It enables the contractor to know in advance what is expected of them, and also allows the federal manager to measure what has been completed. A good contractor wants to know, and both parties do not want surprises. Without performance measurements, it becomes increasing difficult to terminate a contract for default as well as reward a contractor for outstanding performance. Section IV-- Inspection and Acceptance should be a standard part in all contracts. I am not implying too detailed measurements. Below is an example to follow:

Contractor shall submit at the end of each month a listing of recommended titles for purchase to the Collections Development Librarian. Each list shall contain a minimum of 25 titles with supporting reviews.
Should there be extenuating circumstances in which this is not required, the federal manager (COTR) can execute a contract modification in writing substituting another function to be performed in its place.
I understand that the current trend is NOT to include performance measurements. My advice is to include them. They can always be deleted, but you will have recognized what and how much needs to be done. If measurements are not included, follow-up meetings will occur in which a good contractor asks for clarification of the work to be performed. Having been in the federal sector for nearly 19 years, the trend against performance measurements will swing back. Then you will have been ahead of the game.

In conclusion, being a COTR (Contracting Officers Technical Representative) is a challenging and creative experience. As a certified Procurement Official, I have acquired another layer of experience necessary to manage my Branch and the technical operations of the NOAA Central Library. I did not learn this in library school. But as a federal manger, I consider COTR training and certification as a pre-requisite to working in any federal library. The federal managers keep the continuity and vision for the library. The contractors provide technical support functions. This combination has created a successful contracting partnership at the NOAA Central Library.


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Military Librarians Workshop '97 program.