Contracting out of Government Services

Contracting out of Government Services

CHAPTER 1

THE DECISION TO OUTSOURCE

Introduction

The ever growing pressure on governments throughout the 1980s and 1990s to control public expenditure has focussed attention on outsourcing.[1] Much of the evidence to the committee tended to argue for or against outsourcing almost as a matter of principle. The committee observes that such an approach is not helpful. In practice, outsourcing is just one option available to managers to pursue their agencies' objectives.

Outsourcing of IT as a service wide policy had its origins in the then government's March 1991 Industry Statement. This was fleshed out in a Department of Finance circular in September 1991 requiring all Commonwealth agencies to examine new and existing services with a view to outsourcing if that represented better value. The circular noted that the intention of the policy was to 'achieve maximum outsourcing subject to value for money, agency efficiency and public policy considerations' and reminded departments that outsourcing should be consistent with two other principles of government purchasing, 'open and effective competition and support for local industry.' [2]

In late 1993 the then government established the Information Technology Review Group (ITRG) to,

examine Commonwealth acquisition and use of information technology [and make recommendations] ... directed at making information technology a more efficient and effective means of achieving the objectives of government.[3]

The ITRG report, Clients First, presented to the then Minister for Finance in March 1995 has provided the basis for much of the current thinking on the future of Commonwealth IT. The report is particularly concerned with the reform of the Commonwealth's use of IT to 'transform the quality, range and relevance of Government client service delivery'.[4] In general terms the report focuses on the need for a whole of government policy framework to facilitate interoperability and cross agency use of IT to improve efficiency and service delivery. With regard to contracting out, Clients First commented that,

Most submissions to the Review agree that outsourcing has a place and can be beneficial for some activities but argue against a whole of government approach. Major concerns are with the ability to promote local industry growth, restricting government's flexibility to re-engineer itself and the transfer of core competencies outside agency control.[5]

The change of government in March 1996 both accelerated the adoption of, and significantly changed, the approach to outsourcing. As the then Minister for Administrative Services stated, 'We came to Government with a very strong philosophical commitment to outsourcing. We believed it was time to question whether many of the services currently being provided by Government would be better delivered by the private sector.'[6] The current government's approach to outsourcing of IT is that all aspects of IT services with the exception of applications development are required to be market tested. Applications development is essentially the 'policy' area of IT - the decisions about how IT can be applied to an agency's operations.

In the specific area of IT the Commonwealth already sources a significant proportion of goods and services from the private sector. Virtually all hardware and a large proportion of software is purchased from the private sector and a proportion of other services - applications development, maintenance, training, help desk services - are also provided by private contractors.[7] Thus, particularly with regard to the supply of hardware, the government's IT outsourcing initiatives represent a change of process from a decentralised agency focussed model to a consolidated, integrated, service wide approach rather than a dramatic shift from public to private provision. This is not to suggest that the changes underway are not significant. The scale of outsourcing is greater than anything previously undertaken in the Australian IT market. The provision of services to agencies by private contractors where they were previously provided internally by the agencies' own employees represents a major change in the way the public sector works.

Considering Outsourcing

The potential benefits of outsourcing flow from identifying activities which are not considered to be part of the core business of an agency, rigorously defining and costing the services to be provided, making explicit all the components of those services and all the related effects which might flow from outsourcing, for example with regard to privacy or employment. Only then should market testing be undertaken and, if appropriate, the provision of that service be put out to competitive tender. The Industry Commission identified 'increased flexibility in service delivery, greater focus on outputs and outcomes rather than inputs, allowing public sector managers to focus on strategic priorities, encouragement of suppliers to provide innovative solutions and cost savings in providing services'[8] as the benefits. Proponents argue that by going to a specialist supplier of IT services, agencies can gain access to the best available technology and skills as they require them. Keeping up with technological developments can be difficult for in-house units while retaining skills can be both difficult and costly.

The decision to outsource should be pragmatic and must be based on a clear statement of the objectives being pursued and a rigorous appraisal of all the factors relevant to the delivery of the service in question. It must also draw on the experience of others so that the process, objectives, costings, performance targets and assessment of risk are realistic.

In this report the committee is concerned with the factors that need to be taken into account when considering the provision of IT services to ensure that decisions are soundly based and that the subsequent process is properly managed. The literature on IT outsourcing presents a broad range of findings.[9] It is clear that there are examples where some of the objectives sought have been achieved: costs have been cut; services improved; agencies freed to concentrate on their core business; more flexible and responsive IT services put in place; employment stimulated and industry development encouraged. Equally one can point to examples where outsourcing has not delivered the predicted outcomes, presenting agencies with significant problems and costs in finding an alternative supplier or re-establishing an in-house service. A balanced review of the published analyses of outsourcing supports a cautious approach to this issue and a recognition that it is only one of a number of alternatives which agencies may wish to pursue in seeking to reduce costs or improve efficiency. Support for in-house bidders or retention of IT within an agency coupled with rigorous benchmarking of the service may achieve the desired outcomes without incurring many of the risks.

The Commonwealth Treasury emphasised a cautious approach to the initial decision:

Outsourcing poses major business and management risks without, in all cases, certain financial gains. A policy of adopting outsourcing across-the-board is therefore likely to be less than satisfactory. Treasury supports the option of outsourcing of IT services to the extent that it can be demonstrated, on a case by case basis, that it is financially worthwhile.[10]

The then Department of Finance noted that agency efficiency and public policy considerations also had to be factored into the equation.[11] Public policy matters include accountability for the expenditure of public funds and the provision of public services, privacy, security, equity, employment implications and the impact on industry.

The Industry Commission, while emphasising the potential benefits, noted the importance of getting the process right. Competitive tendering and contracting may assist,

public sector managers to get best value for money by ensuring that the best provider is chosen for the task at hand. When done well, [emphasis added] CTC can lead to significant improvements in accountability, quality, and cost-effectiveness, providing benefits to clients, taxpayers, and the broader community.[12]

The Australian Bureau of Statistics (ABS), for whom information technology is absolutely integral to its responsibilities, noted that 'world wide experience of major outsourcing initiatives in both public and private sectors has been very mixed. (An unbiased examination of the UK experience show this all too clearly)'. It also referred to its own experience with the trial outsourcing the support of the desktop environment of one of its offices. ABS concluded from this study that 'there would be no significant benefits ... in proceeding with an outsourcing solution; a conclusion shared at the time by the contractor'.

What Should be Outsourced

What constitutes the core business of an agency? The difficulty of providing a simple definition of core and non-core business is exemplified by the recent statement of the Secretary of the Department of Immigration and Multicultural Affairs (DIMA) when announcing a partnership between the department and CSC Australia to undertake applications development; 'Information Technology is becoming a core and essential part of any business and this alliance recognises this'.[13]

At the committee's hearing of 4 July 1997 some agency responses to this issue were superficial. To rely on the mission statement of an agency as an adequate guide to the relationship between IT and the agency's other functions does not seem adequate. However the representative of the Defence Department offered a useful definition:

Core activities [are] those that are so integral to the operational effectiveness of Defence that performance by other than Defence personnel would diminish or put their effectiveness at unacceptable risk.[14]

The Australian Taxation Office (ATO) representative, while defining the ATO's core function as administering the tax laws, acknowledged the heavy reliance on IT to discharge its functions. Rather than relying on a narrow definition of core business it would be more useful to use idea of 'strategic activity' which has been defined as activities 'integral to an organisation's achievement of goals and critical to its existing and future business direction'.[15]

Professor Peter Weill expanded on the idea of a strategic activity in his evidence to the committee:

IT outsourcing decisions are strategic ... in organisations where information assets are important and there is a lot of transaction processing ... for example [in] Customs, Tax [and] Health. Information is the essence of all those departments.[16]

In addition certain management skills must be retained in-house:

[the] ability to help and specify and manage "rightsourcing" (the right mixture of contracting in, contracting out and in-house activities); ability to work with business management and specify IT requirements over time; and ability to track, assess and interpret changing IT capabilities and relate these to the needs of the organisation.[17]

To these factors the authors added the concept of technical maturity as important to making the decision on how a service is to be provided. Technical maturity refers to 'the degree to which the technology is stable/unstable ... in situations of low maturity an "insourcing" approach is preferable'.[18]

Getting the Process Right

The Industry Commission's cautionary qualification, 'when done well', should be a constant warning to ministers and agency heads contemplating outsourcing. To do it well will be time consuming and costly. For example, the Department of Veterans Affairs process for outsourcing of its datacentre in February 1992 commenced in December 1989. The Defence Department in evidence saw the origins of the outsourcing of its IT in the development of the Commercial Support Program in 1991 leading to the calling for expressions of interest in 1994 and then a two year process leading to the letting of a contract.[19] The Attorney-General's Department in its submission to this committee notes that 'there is usually an inverse relation between the effort spent in relation to [contract preparation] and [contract disputes and litigation]'.[20] In announcing the policy in April of this year the Minister of Finance anticipated the tendering process being completed within two years.

Unless an agency has an efficient in-house system operating it will not have the necessary grasp of the services it requires and the costs involved. Without this information the agency will not be in a position to initiate a responsible market testing or tendering process. Mr Robert Jackson, a computer industry executive, commented on the Defence IT market testing during the Committee's hearings, stressing the extent of pre-planning and consultation that went into the process:

[Defence] actually streamlined their in-house organisation first, made it a very attractive marketable product and then they spent a long time consulting with industry at all levels including Australian industry involvement.[21]

In discussing the Australian Customs Service outsourcing process Mr Mick Roche noted that:

We have a good handle on our costs because we have an activity based costing system in place and we will be using that as a test against which tenderers for our outsourcing are evaluated. If they cannot meet that and provide a better service or alternatively provide a similar service at reduced cost then we simply will not do it.[22]

Mr Roche went on to comment that if a 'department does not have a good handle on its costs ... that is an indicator for not going to an outsourcing proposition until you [do]'.[23]

Mike McNamara of the Department of Defence summarised the gains made by Defence through this process of rationalisation prior to going to the market:

The number of staff involved in the delivery of the service has probably more than halved ... The intensity of the use of the available technical infrastructure has increased ... we started this process without defined service levels. We are now able to say that one does not need a Rolls Royce when a Holden will do.[24]

As Mr McNamara acknowledged these gains can be made independently of putting the services out to tender.

The APS has built up extensive experience and expertise in purchasing and contracting over many years. Governments have used the Commonwealth's purchasing power to achieve competitively priced products and have ensured that agencies have had access to reliable and appropriate IT via the common use arrangements managed by the former Department of Administrative Services. The most recent common use arrangement is the PE68-IT Services Panel, which commenced on 1 July 1996. Six categories of services are offered - systems integration, networking integration, systems management, business consulting, applications development and IT specialist services - and all suppliers on the Panel were endorsed by the then Department of Administrative Services.

For major IT purchases, that is, ones costing AUD$10m or more, all agencies governed by the Audit Act 1901 were obliged to submit the proposal to an IT acquisition council for consideration and report. Councils comprised the agency head or deputy, representatives of the Departments of Industry, Science and Tourism, Finance and Administrative Services and an independent member. In an independent review of the work of such councils, the ANAO concluded that 'councils added value to the IT acquisition process and gave a measure of assurance that cost effective decisions were taken in an accountable environment'.[25] Councils have, however, been largely superseded by the government's new arrangements.

Nor is the Australian Public Service short of good advice on outsourcing. In addition to the academic and other literature to which the committee has already referred, particularly the Industry Commission report, the APS has built up an extensive body of experience and knowledge in this area. The former Department of Administrative Services developed considerable expertise in the areas of tendering and contracting and managing the acquisition process. The former Department of Finance, through its Performance Improvement Group, has also produced guides for managers contemplating outsourcing, particularly Competitive Tendering and Contracting, which provides a guide to key principles and issues. The Management Advisory Board and Management Improvement Advisory Committee (MAB/MIAC) have also produced a series of guides to the benchmarking and contracting out processes, notably Before you sign on the dotted line, which 'is intended to provide public managers at all levels with practical information to help them to select, prepare and manage contracts'.[26] The Auditor General has produced two reports on the original IT contract of the Department of Veterans' Affairs, a report on the use of IT Acquisition Councils and a general study on measuring performance.

Many submissions to the committee have dwelt at length on the potential risks involved in contracting out. These include a decline in service quality in the lead up to outsourcing as staff join the outsourcer and morale suffers because of uncertainty; the 'deskilling' of the agency in the relevant area as it passes services to the contractor leading to the risk of 'capture' by the contractor; the problem of transition at the end of a contract; restrictions on the ability of the agency and government to adapt to changing circumstances or make policy changes because of the limits imposed by the contract; and the increased opportunity for sweetheart deals or outright corruption. The potential risks lend weight to the view that agencies should be given ample time and resources and a supportive policy environment to ensure that they can manage the process well. However it is important to understand that these and other potential problems are not inherent in the process of outsourcing and should be dealt with in reaching the decision whether to outsource and, subsequently, in the management of the process.

The committee does not doubt that the APS has the ability to manage its IT effectively and efficiently if given the opportunity. However, as is discussed in more detail in chapter 3 the committee is concerned that several features of the process indicate that the APS is being pressed to pursue wide ranging outsourcing of its IT requirements as the preferred option. This may militate against successful outcomes.

Footnotes:

[1] The then Department of Finance offered the following definition of outsourcing: 'Outsourcing, in the IT context, is a contractual arrangement where an external organisation takes responsibility for performing all or any part of an agency's IT functions. This can involve a partial or complete transfer of staff and/or resources.'

Department of Finance, Guidelines for the Operation of Information Technology Acquisition Councils, Canberra , 1994, p. 43.

[2] Department of Finance, Finance Circular 1991/23, Canberra.

[3] Information Technology Review Group, Clients First, Canberra, 1995, p. iii.

[4] ibid, p. iii.

[5] ibid, p. 57.

[6] The Hon David Jull MP, Minister for Administrative Services, Press release, 4 August 1997.

[7] Clients First included some of the results of an extensive ITRG survey of IT in the Commonwealth public sector; see Appendix 5. In 1993/4 hardware acquisition comprised 41.5% of IT expenditure (Table 1) and IT contract staff represented 14.3% of total staffing costs.

[8] Industry Commission, op. cit., p. 4.

[9] For example this committee has received submissions and evidence from the Community and Public Sector Union, the Public Sector Research Centre of the University of New South Wales and Mr Graeme Hodge of the Graduate School of Government at Monash University which has tended to focus on the negative impacts of outsourcing and from the Industry Commission and Professor Simon Domberger and his colleagues at the Graduate School of Business at the University of Sydney which has presented very positive views of the results of outsourcing.

[10] Cabinet submission on Information Technology infrastructure, April 1997, attachment B, paras 17 -18. (Herein after referred to as Cabsub). Note discussion on the use of this document in the Preface.

[11] Department of Finance, Guidelines for the Operation of Information Technology Acquisition Councils, Canberra , 1994, p. 44.

[12] Industry Commission, Competitive Tendering and Contracting by Public Sector Agencies, Report No. 48, Melbourne, 1996, p. 1.

[13] Department of Immigration and Multicultural Affairs, Media Release, 19 August 1997.

[14] Committee Hansard, 4 July 1997, p. F&PA 509.

[15] Willcocks L and Fitzgerald G, Market as opportunity? Case studies in outsourcing information technology and services, Journal of Strategic Information Systems, 1997, p. 227.

[16] Committee Hansard, 5 September 1997, p. F&PA 696.

[17] Willcocks and Fitzgerald, op. cit., p. 230.

[18] ibid., p. 230.

[19] Committee Hansard, 4 July 1997, p. F&PA 512.

[20] Finance and Public Addministration References Committee, Submissions, vol. 2, p. 372.

[21] Committee Hansard, p. F&PA 632.

[22] Committee Hansard, 4 July 1997, p. F&PA 535.

[23] ibid.

[24] Committee Hansard, p. F&PA 514.

[25] ANAO, IT Acquisition Councils, Audit Report no. 7, 1996-97, AGPS, Canberrra, 1996, p. x.

[26] MAB/MIAC, Before you sign on the dotted line, 1997, Report no. 23, p. 13.