Human Resource Actions
Generally speaking, Human Resource’s (HR) involvement in a cost comparison is as
an advisor or consultant, and their presence during the development or implementation
of the documents and processes is on an “as needed” basis. At all levels, HR should
be encouraged to work with the Cost Comparison Team to develop accurate performance-based
(performance measures and standards) documents and to work with the Government MEO
Team to develop the government’s most efficient organization.
Agencies are required to grade positions according to the duties required by the
position; that is, positions are graded based on the content of the work and not
on the employee's qualifications. HR can support the MEO team in a number of ways:
by offering different mixes of single-skill and multi-skill positions for the MEO
team to evaluate, by avoiding overlap and duplication of duties within job descriptions,
and/or by helping to choose an organizational structure that enhances personnel
requirements and flattens the scope of supervision. HR professionals can also help
estimate the numbers and grades of personnel who will be adversely impacted by a
decision to either remain in-house or contract out. If a RIF is anticipated, this
information is incorporated into the cost comparison’s timeline and becomes part
of the transition plan.
HR should be involved in the development and implementation of the Communication
Plan, the plan for how and when leadership communicates with the workforce. Inviting
HR to command, staff, and employee briefings, or any activity intended to educate
those affected by the cost comparison is highly recommended. The HR staff should
interface with all affected civilian employees and their representatives during
the cost comparison process to explain and provide clarification on HR issues in
the A-76 process. It is important to note that A-76 HR actions and practices are
not new or special. To the HR specialist, “it’s business as usual.”
How do people performing the work learn they are impacted by a cost comparison?
The Installation Commander is required to notify the workforce as soon as Congress
is notified of a decision to compete a function.
How do civilians and military learn the tentative and final decision?
In the case of a tentative cost comparison decision, civilian employees and their
representatives may submit an appeal during the Public Review Period. After the
Public Review Period ends, the Administrative Appeal Authority reviews any appeals
and makes a final cost comparison decision. The contracting officer announces the
tentative and final decision to affected parties but the commander should notify
the affected workforce. In the case of contract decisions, Congressional notification
is required prior to making the formal final cost comparison decision.
If the cost comparison favors contract or Inter-Service Support Agreement (ISSA)
performance, how much time is there before civilian and military personnel impacts
occur?
The timing of transition depends on the specific transition plan, but transition
begins immediately to contract/ISSA or MEO performance and personnel (both civilian
and military) impacts begin as soon as there is a final cost comparison decision.
Employees are offered VERA/VSIP and then, if necessary, a RIF is performed. However,
the majority of civilians are placed in other Federal jobs via the Priority Placement
Program and the military transferred to perform other military essential jobs.
Do affected civilians and military have a right of first refusal for jobs for
which they are qualified?
Civilians are afforded the right of first refusal as stated in the Federal Acquisition
Regulation (FAR) 52.207-3.The Right of First Refusal of Employment :"The contractor
shall give government employees who have been or will be adversely affected or separated
as a result of award of this contract the right of first refusal for employment
openings under the contract in positions for which they are qualified." Military
are not included as they are transferred to other military essential positions within
their Service.
What can be done to improve the morale of civilians and military who, during
the cost comparison process, tend to give up and become less productive?
Frequent communication is essential. It is in the workforce's best interest to remain
informed and involved throughout the cost comparison process. In particular, employees
should take part in developing or at a minimum, provide inputs to the Performance
Work Statement (PWS) to ensure an accurate PWS. It is also in their best interest
to either assist or provide inputs to the Government Management Plan.
What proactive steps can be taken within the Human Resources arena?
First, because both military and civilian personnel are concerned about their future,
there should be an A-76 Q&A section of the installation newspaper. This way
everyone will receive the same answers in the same format. The Human Resources Office
also should have a procedure for questions to be answered both individually and
in a monthly newsletter. Questions may address a broad range of issues, such as
military deposit information, Reduction in Force (RIF), sick leave entitlements,
right of first refusal, etc. If rumors seem to be causing confusion, consider proactively
raising and addressing the question!
Second, because there is usually a RIF for either an in-house or a Contract/ISSA
decision, the Human Resources Office should provide base-wide briefings for all
civilians, not only those in the cost comparison functional area. RIFs know very
few boundaries and everyone needs to be prepared and to understand that just because
they are not under cost comparison does not mean they will not be affected. It may
be helpful for the Human Resources Office to distribute copies of the slides and
to encourage military supervisors to attend and the union to participate in the
briefings.
Third, together with the union, the Human Resources Office should give briefings
(again providing copies of slides) about how the A-76 cost comparison could affect
the future of personnel. Topics to address include what will happen if there is
an in-house or Contract/ISSA decision, basic information on retirement eligibility
(optional and early), when things will happen (i.e., VSIP offers), etc.
Fourth, the installation should establish an A-76 hotline that anyone may call to
record a question. The message should be referred to someone with expertise in the
area raised who will answer the question directly to the person who placed the inquiry.
Fifth, the Human Resources Office should publicize phone numbers at other installations
and at federal and state agencies where employees may obtain information about vacancies.
Sixth, periodically the Human Resources Office should work up a set of questions
and answers and distribute them with the monthly newsletter.
Seventh, all employees should be given the opportunity to update their experience
records prior to the announcement of win/lose, so civilians will have what they
need when the RIF kicks in. This can also help prevent disputes later over who did
or did not qualify for positions.
If there is a contract/ISSA decision, can personnel appeal?
Yes. Upon the announcement of the tentative cost comparison decision, the A-76 Administrative
Appeal Process begins. This process is available to civilians and their representatives
as well as contractors who have submitted formal offers. Appeals must be submitted
within 20 calendar days after the public announcement (or within 30 calendar days
if the cost comparison is particularly complex). The Administrative Appeal Authority
should make a final decision within 30 days of receipt of the appeal. The tentative
decision becomes a final cost comparison decision upon the resolution of the appeal.
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