[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13710-13712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04556]
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NATIONAL LABOR RELATIONS BOARD
Analysis of FY 2011 Service Contract Inventories
AGENCY: National Labor Relations Board.
ACTION: Notice of analysis of FY 2011 Service Contract Inventories.
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Background: The National Labor Relations Board (NLRB) is an
independent Federal Agency created by Congress in 1935 to administer
the National Labor Relations Act, the primary law governing relations
between and among unions, employees, and employers in the private
sector. The statute guarantees the right of
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employees to organize and bargain collectively with their employers or
to refrain from all such activity. Generally applying to all employers
involved in interstate commerce other than airlines, railroads,
agriculture, and government, the Act implements the national labor
policy of assuring free choice and encouraging collective bargaining as
a means of maintaining industrial peace. Through the years, Congress
has amended the Act and the Board and courts have developed a body of
law drawn from the statute. The NLRB consists of 51 regional, sub-
regional, and resident offices, and a headquarters office.
Scope: Pursuant to the December 19, 2011 Memorandum from the Office
of Federal Procurement Policy (OFPP), Federal agencies are requested to
conduct an analysis of special interest functions within the FY 2011
Service Contract Inventories submitted to the Office of Management and
Budget (OMB) in accordance with Section 743 of Division C of the FY
2011 Consolidated Appropriations Act, Public Law 111-117. The NLRB
hereby submits its analysis and findings.
Methodology: The NLRB performed an analysis of the special interest
functions by pulling information on all FY 2011 service contracts over
$25,000 from FPDS-NG with the special interest Product Service Codes
(PSC) selected from the Service Contract Summary. We decided on a
sample of three (3) contracts that are representative of the NLRB
service contract inventory which we believe provides an illustrative
representation of the overall inventory of special interest contracts.
This sample provides information about one (1) service contract from
each of the two (2) PSC categories that make up the FY2011 NLRB
inventory. The contracts were analyzed by NLRB Contracting Officers by
gathering information in cooperation with Contracting Officers
Representative (COR) and Program Managers to determine whether the
contract labor is used appropriately and efficiently and if the mix of
Federal employees and contractors in the agency is effectively
balanced. The analysis specifically addresses the desired outcomes in
Section 743(e) of Division C of the FY 2011 Consolidated Appropriations
Act, Public Law 111-117 to ensure that:
(A) Each contract in the inventory that is a personal services
contract has been entered into, and is being performed, in accordance
with applicable laws and regulations;
(B) The agency is giving special management attention to functions
that are closely associated with inherently governmental functions;
(C) The agency is not using contractor employees to perform
inherently governmental functions;
(D) The agency has specific safeguards and monitoring systems in
place to ensure that work being performed by contractors has not
changed or expanded during performance to become an inherently
governmental function;
(E) The agency is not using contractor employees to perform
critical functions in such a way that could affect the ability of the
agency to maintain control of its mission and operations; and
(F) There are sufficient internal agency resources to manage and
oversee contracts effectively.
Observations and Findings: The NLRB inventory consists of service
contracts from three (3) PSC Category codes. The codes are:
R407 OCIO Advisory Services;
R408 Enterprise IT Helpdesk Support Services; and
R704 Agency Audit Services.
R407--The contract representing R407, obligated in the amount of
$47,320, is for Office of Computer Information Officer (OCIO) Advisory
Services, and is the only contract listed under the R407 PSC code.
Discussions with the OCIO reveal that the contract continues to be
well-managed by the contractor and meets the scope and intent of the
requirement to provide advisement information to the OCIO, and adheres
to all applicable laws and regulations. The contract is not a personal
services contract. The agency is not using contractor employees to
perform inherently governmental functions. The advisement information
provided by the contractor is typically beyond the intrinsic duties and
knowledge of the government and the OCIO continues to provide
management attention to ensure any functions that could be closely
associated with inherently governmental functions do not surface. The
COR is the Chief Information Officer who ensures that the contract does
not change or expand services to become inherently governmental, the
OCIO is monitoring the work and systems in place. The contractor did
not perform critical functions that would affect the ability of the
agency to maintain control of its mission and operations and is never
on site. The contractor advises the OCIO, on trends in the government
and industry and control is maintained by the government by managing it
closely and effectively at all times.
R408--The contract selected to represent PSC code R408 is the
second largest contract in the largest PSC group of special interest
service contracts obligated in the amount of $1,588,851. This contract
provides Enterprise IT Helpdesk Support Services for the NLRB. The
services provided under this contract are not inherently governmental
and although the performance of the contract is important, contractors
were not being used to perform critical functions in such a way that
could affect the ability of the agency to maintain control of its
mission and operations. The NLRB has given special management attention
to performance of this contract, but no functions are thought to be
closely associated with being inherently governmental, nor has changed
or expanded, during performance, to become inherently governmental. The
contract is monitored closely by a COR, the Supervisory Information
Technology Specialist who understands the contract requirement and
manages it to remain within the scope of the requirement. In addition,
there are several OCIO (government) employees working closely with this
contract, so there are sufficient internal resources to administer and
oversee the contract effectively. The contractor has performed well and
adhered to all laws and regulations.
R704--The contract selected to represent PSC code R704 is for Audit
Services from Carmichael, Brasher, Tuvell, and Company. This contract
with a base year and four (4) one-year options totals $942,148. This
contract was chosen as representative because it is also the only
contract in this PSC category. This was a non-personal services
contract that provided the NLRB with an independent financial audit.
The contractor has performed well, and has adhered to laws and
regulations, so there are no concerns about poor performance. The
contract is not a personal services contract, nor was it ever
inherently governmental, and has been monitored to ensure that no
employees of the contractor were performing inherently governmental
tasks or responsibilities. The agency is not using contractor employees
to perform critical functions in such a way that could affect the
ability of the agency to maintain control of its mission and
operations. The contract is monitored closely by a COR and other
program staff, so there are sufficient internal resources dedicated to
oversee the contract effectively.
SUMMARY: It has been determined that none of the service contractors
within the special interest contracts have been considered to have
performed poorly.
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The costs of the contracts analyzed were not excessively priced and did
not present excessive risks to the government. The NLRB takes pride in
monitoring service contracts closely with full cooperation from
Contracting Officers, CORs, and Program Staff and Managers. Based on
this analysis, we believe we have a balanced mix of contractors to
employees and have the resources necessary to continue monitoring
contracts effectively and efficiently to reduce risks of personal or
inherently governmental contracts. The NLRB is committed to identifying
and addressing any new risks related to service contracts, and will
meet the challenges with swift and evasive action.
FOR FURTHER INFORMATION CONTACT: Questions regarding the analysis of
the FY 2011 service contract inventories should be directed to Doug
Wolf in the Acquisitions Management Branch at 202-273-4218 or
[email protected].
Dated: February 22, 2013.
By Direction of the Board.
William B. Cowen,
Solicitor.
[FR Doc. 2013-04556 Filed 2-27-13; 8:45 am]
BILLING CODE 7545-01-P