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Issue: 29 March/2008
Dear Sacha,

As much as we might sometimes complain about them in our day to day lives, we all know that rules exist for very specific reasons.  Ultimately they make our lives easier or at least safer.  From that perspective I'm a big fan of the rules, although I certainly do complain about them sometimes.  Of course, these complaints aren't always invalid.  There are very certainly occasions when these things go to far and you have to ask yourself, do these rules and regulations exist only for the sake of having rules and regulations?
"Life Support"
The Dark Side of Regulations

An example of where rules and regulations can play havoc was in the news recently.  It was summed up with, "President Bush's much heralded competitive sourcing program is on life support."  The article readily sums up what was hoped as well as why, as the author put it, it is now on "life support".  President Bush's plan was received with much optimism from some quarters and, as expected, had its critics in others.  Unfortunately for the optimists, the theory did not translate into practice as smoothly as they'd hoped.

Robert Brodsky writes, "As the theory goes, competitive sourcing drives cost savings and efficiency by requiring agencies to put jobs that could be performed commercially up for competition with contractors or other agencies to determine which organization can accomplish the work most economically. Money would be saved even if the federal team won, because the competitions would force agencies to streamline their operations."

Unfortunately there was legislation which blocked some competitions outright.  In other cases, requirements were changed so that they very clearly favored favored government agencies.  While such moves may be well intentioned to give federal employees a fighting chance, it quickly sours the private sector on such competitions.  When faced with such incidents one can't blame them for coming to see these competitions as a waste of time and resources.  But this was only one of many things that spelled trouble for the idea of competitive sourcing.

"It's been death by a thousand cuts," says William Lucyshyn, visiting senior research scholar at the Center for Public Policy and Private Enterprise at the University of Maryland and author of one of the signature reports on competitive sourcing. "They are probably not going to ban competitive sourcing. But when you have all these different rules for all these different agencies, the program is just going to dry up and die."

That's the crux of it.  When a private sector company has to learn new rules for doing business for each agency it has an interest in doing business in, the prospect loses much of its appeal.  It demands an extra investment from the private sector that these business may not be willing or able to support.  That these competitions may be weighted against them is only the icing on the proverbial cake.

But, you say, what about all the money these contractors make?  Surely that must be incentive enough for them to put a little extra effort into getting government contracts?  A recent survey from Grant Thornton shows that this is not, in fact, the case.

According to the report, 69% of government contractors generated profit rates of less than 10 percent from their government business and 7% generated no profits at all.  "Contrary to recent public and political perception, government contracting is not a business where companies generate abnormally high profits," said the Grant Thornton report. Only 12 percent of responding companies said they generated profits of more than 15 percent from their government contracts in fiscal 2006.

Of those surveyed, most contractors said they view government contracting as a greater business risk than most commercial ventures.  One of the leading reasons named was that "outstanding performance is never enough to secure the future for government contractors.  Government contract terms and conditions impose unique compliance burdens in practically all aspects of the company's business, and those burdens are continually increasing."
Resources
Competitive Sourcing
The complete article on competitive sourcing, "Competing to the Death",  is available on the GovernmentExecutive.com website.
"And those burdens are continually increasing."  That's an ominous line.  I can only hope that this changes before it goes too far, and that the government will begin to become more streamlined.  Accountability is important, and I've stressed this often in the past.  Accountability does require regulations to be in force.  But when regulations become a burden, and that burden keeps growing, the line to "too much of a good thing" has been crossed.
 
Sincerely,
 

Sacha Hartmann
YSER Inc.
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