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In all cases we have filmed the best available copy. University Microfilms International 300 N. ZEEB RD . ANN ARBOR. Ml 48106 8212382 DeHoog, Ruth Hoogland POLITICAL AND ECONOMIC APPROACHES TO GOVERNMENT "CONTRACTING OUT*': A STUDY OF HUMAN SERVICE CONTRACTING IN THE STATE OF M ICHIGAN PH.D. 1981 Michigan Slate University University Microfilms International 300 N. Zeeb Road, Ann Arbor, M I 48106 Copyright 1982 by DeHoog, Ruth Hoogland All Rights Reserved PLEASE NOTE: In all cases this material has been filmed in the best possible way from the available copy. Problems encountered with this document have been identified here with a check mark V . 1. Glossy photog raphs or pages_____ 2. Colored illustrations, paper or print_____ 3. Photographs with dark background_____ 4. Illustrations are poor copy_____ 5. Pages with black marks, not original 6. Print shows through as there is text on both sides of page_____ 7. Indistinct, broken or small print on several pages 8. 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Curling and wrinkled pages_____ 15. copy_ Other________________________________ ___________ ____________________ University Microfilms International POLITICAL AND ECONOMIC APPROACHES TO GOVERNMENT "CONTRACTING OUT"; A STUDY OF HUMAN SERVICE CONTRACTING IN THE STATE OF MICHIGAN By Ruth Hoogland DeHoog A DISSERTATION Submitted to Michigan State U n iv e rs ity in p a r tia l f u lf illm e n t o f the requirements f o r the degree o f DOCTOR OF PHILOSOPHY Department o f P o lit ic a l Science ABSTRACT POLITICAL AND ECONOMIC APPROACHES TO GOVERNMENT "CONTRACTING OUT": A STUDY OF HUMAN SERVICE CONTRACTING IN THE STATE OF MICHIGAN By Ruth Hoogland DeHoog "C ontracting out" fo r p u b lic services has become a major recommen­ dation fo r improving e ffic ie n c y in the lite r a tu r e o f p u b lic adm inistra­ tio n during the la s t decade. Yet seldom has i t been f u ll y examined from anything but the p u b lic choice perspective. Heretofore the em pirical works have focused on the cost diffe ren ces between tra d itio n a l bureaucra t i c supply and co n tra ctin g w ith outside sources fo r services in a few lim ite d number o f p u b lic services. Generally they have not analyzed the procedures o f the co n tra ctin g systems, the im portant fa c to rs o f service q u a lity and e ffe c tiv e n e s s , o r the growing f ie ld o f human service con­ tr a c tin g . This d is s e rta tio n attempts to f i l l these voids. The author f i r s t examines the arguments o f con tractin g proponents in the p u b lic choice tr a d itio n . To meet th e ir p o s itiv e expectations about c o n tra c tin g , three conditions are determined to be p a r tic u la r ly c r i t i c a l —com petition in the service environment and in the contracting procedures used by government; a ra tio n a l decision-making process 1n which the various government actors attempt to maximize e ffic ie n c y ; and a review process fo r m onitoring and evaluating co n tra cto rs' expenditures performance, and e ffe ctive n e ss. The lik e lih o o d o f re a liz in g these Ruth Hoogland DeHoog conditions is questioned by two a d d itio n a l th e o re tic a l perspectives which are developed and applied to co n tra ctin g s itu a tio n s . The economic perspective o f market im perfections suggests th a t im perfect com petition and Im perfect inform ation w i ll in h ib it the development o f c e rta in condi­ tio n s , w h ile the p o lit ic a l perspective o f cooptation indicates th a t re la tio n s h ip s o f bureaucrats and p o litic ia n s w ith c e rta in contractors w i ll produce le s s -th a n -o b je c tiv e and open decision-making processes. To evaluate the three perspectives and t h e ir co n d itio n a l p re d ic­ tion s in the complex area o f human services, co n tra ctin g is examined in programs o f two departments (Social Services and Labor) in Michigan's s ta te government. An extensive in te rvie w schedule is u tiliz e d w ith sta te and local con tractin g o f f ic ia ls and contractors to obtain informa­ tio n about the actual process and procedures o f human service co n tra ct­ ing and the viewpoints o f those most involved in i t . From these in te rvie w s, i t is c le a r th a t only in fre q u e n tly are the three conditions assumed by p u b lic choice con tractin g advocates re a lize d in human services. Competition fo r contracts is minimal—not only because o f the lack o f s im ila r sup plie rs o f services but also because o f departmental and federal regulations and procedures. C ontracting awards are often made w ith o u t s u ffic ie n t needs assessments, wide s o lic ita tio n s , o r f a i r proposal reviews. O ffic ia ls have seldom been concerned about c u ttin g costs v ia co n tra c tin g ; ra th e r, they have used th is method to supply c e rta in types o f services to c lie n ts . O bjective performance m onitoring and evaluations were found to be w o e fu lly inadequate since reviews were la rg e ly dependent upon inform ation from contractors Ruth Hoogland DeHoog themselves. In sum, th is research a ffirm s the relevancy o f the two a lte rn a tiv e economic and p o lit ic a l perspectives fo r human service con­ tr a c tin g . I t also cautions against applying the c o n tra ctin g p re s c rip tio n to a ll service areas w ith o u t careful consideration o f the various factors and conditions th a t could l i m i t it s u t i l i t y as a v ia b le , e f f ic ie n t p u blic management a lte rn a tiv e to tra d itio n a l modes o f bureaucratic ser­ vice d e liv e ry . ACKNOWLEDGMENTS I accumulated a number o f o b lig a tio n s In the preparation o f th is d is s e rta tio n . I was fo rtu n a te to have Terry M. Moe as my d is s e rta tio n committee chairman. Early on in my graduate stu d ie s , he stim ulated my in te re s t in organizations and p o lit ic a l groups, and became a c ru c ia l source o f advice, c r itic is m , and support in undertaking and completing th is p ro je c t. Gary M ille r provided me w ith many h e lp fu l comments and u n fa ilin g encouragement. Charles Press, who also served on my committee, gave several useful suggestions fo r the work. J e ffre y Straussman o f the Maxwell School, Syracuse U n iv e rs ity , f i r s t encouraged me to th in k c r i t i ­ c a lly about service co n tra ctin g and to pursue an em pirical study in the f ie ld o f human services. Each o f these men approached the subject m atter from ra th e r d iffe r e n t perspectives. This work is b e tte r fo r th e ir in s ig h ts . I am p a r tic u la r ly indebted to the many in d iv id u a ls who agreed to p a rtic ip a te in the research. In the e a rly stages, I interview ed various o f f ic ia ls 1n the Department o f Management and Budget and in D.S.S. They provided much necessary background in fo rm atio n and many leads fo r la te r , standardized in te rvie w s. Reginald C arter and the Michigan Department o f Social Services gave permission fo r the interview s w ith D.S.S. employees and assisted in obtaining cooperation from providers as w e ll. Various o f f ic ia ls in the Bureau o f Employment and T ra in in g , Michigan Department o f Labor, made i t ea sie r to conduct the interview s there and w ith ii contractors in a tim ely fashion. With only a few exceptions, these in d iv id u a ls were frie n d ly , h e lp fu l, and in s ig h tfu l. I was impressed by th e ir professionalism and dedication. Final thanks are due to my lo n g -s u ffe rin g husband, Bernie DeHoog, who helped me through my lengthy graduate studies in many im portant ways. ill TABLE OF CONTENTS Page LIST OF TABLES .................................................................................................. I. II. III. IV. V. VI. AN INTRODUCTION TO CONTRACTING OUT................................................ ADDITIONAL PERSPECTIVES ON CONTRACTING OUT: FECTIONS AND COOPTATION 1 MARKET IMPER­ 18 METHODS OF RESEARCH........................................................................... CONTRACTING OUT UNDER TITLE XX IN THE MICHIGAN DEPARTMENT OF SOCIAL SERVICES .................................................................................. 34 55 CONTRACTING OUT UNDER CETA IN THE MICHIGAN DEPARTMENT OF LABO R.......................................................................................................... 126 ANALYSIS OF CONDITIONS AND EXPECTATIONS IN CONTRACTING OUT . 185 APPENDIX A: Service Contract Interview Schedule ................................. 201 APPENDIX B: Service Contract Interview Schedule—Short Form . . . 219 APPENDIX C: Service Contract Interview Schedule—Provider Form . 225 BIBLIOGRAPHY ...................................................................................................... 236 iv LIST OF TABLES Page Reasons f o r C ontracting Out— D.S.S................................................ 84 State D.S.S. Employees' R elationships w ith Providers . . . 95 County D.S.S. Respondents' R elationships With Contractors . 96 C ontractors' R elationships w ith D.S.S. C ontracting O f f i c i a l s ................................................................................................ 97 Advocate Role o f D.S.S. Bureaucrats ............................................ 99 Role o f P o litic ia n s in Social Service C ontracting ................ 103 M onitoring and E valuation o f D.S.S. Contractors .................... 110 The Cost o f Social Services Under C ontract ............................ 116 The Q u a lity o f Social Services Under C ontract ........................ 119 State B.E.T. O f f ic ia ls ' R elationships With Providers . . . 158 C ontractors' R elationships With B.E.T. C ontracting O f f i c i a l s ................................................................................................ 159 Advocate Role o f B.E.T. Bureaucrats ............................................ 160 Role o f P o litic ia n s in B.E.T. C ontracting ................................ 163 M onitoring and E valuation o f B.E.T. Contractors .................... 169 The Cost o f B.E.T. Services By P riva te Contractors . . . . 174 The Q u a lity o f B.E.T. Services By P riv a te Contractors . . . 176 v CHAPTER I AN INTRODUCTION TO CONTRACTING OUT W ithout having much s p e c ia liz e d e xp e rtise o r profound in s ig h t in to the a f f a ir s o f governments, one can s a fe ly ch a ra cte rize the Seventies as a decade o f doubt, se lf-e xa m in a tio n , and change a t a l l le v e ls o f American government. Even though the S ix tie s had brought fo r th many new am bitious programs, s e rv ic e s , and bureaucracies, major problems s t i l l remained as the Seventies wore on. The knotty social problems were jo in e d by several o th e r d i f f i c u l t issues—the Vietnam War, Water­ gate, recession, energy shortages, in f la t io n . The obvious inadequacy in dealing w ith these matters helped to produce a general d is tr u s t o f government and government o f f ic ia ls among many American opinion leaders and the general p u b lic . This d is s a tis fa c tio n w ith government has worked i t s e l f out in many ways throughout government. Proposals f o r tax lim ita tio n s , spend­ ing lim it s , a fed era l balanced budget, and tax reductions have been p a r tic u la r ly popular. Tax burdens have been perceived as being too heavy, considering th a t the q u a lity o f basic s ta te and lo ca l services have not no ticea bly improved, and th a t, according to many, some have even d e te rio ra te d 1n q u a lity . Many o rd in a ry c itiz e n s also have not d ir e c t ly bene fited from the so cia l programs th a t have helped to increase t h e ir tax b i l l s . As a r e s u lt, there has been mounting re s is ­ tance to pro vid ing generously fo r the poor and near-poor. 1 Almost a ll 2 areas and le ve ls o f government ha^e been the o b je c t o f c r itic is m . The government bureaucracies, however, have probably received the lo ud est, la rg e s t, and most vociferous c r it ic is m o f th a t d ire c te d a t government. This disapproval has taken a t le a s t two major forms. F ir s t, c itiz e n s have expressed a fe a r o f the growing government bureaucracy in te r fe r in g in and c o n tro llin g many aspects o f l i f e . In p a r tic u la r , the p riv a te business sector has brown weary o f try in g to comply w ith government re g u la tio n s being produced by bureaucrats. Secondly, dissa­ tis fa c tio n w ith the p u b lic bureaucracies' implementation o f programs and t h e ir p ro visio n o f services has been ra p id ly in crea sing since the la te S ix tie s . Frequent have been the reports o f w asteful and in e f f ic ie n t federal programs, d e te rio ra tin g urban se rv ic e s , and in e ffe c tiv e attempts a t so lvin g problems and meeting needs. the impression th a t there is l i t t l e One is o fte n l e f t w ith th a t government can do q u ic k ly , e f f ic ie n t ly , and e ffe c tiv e ly . What has been the response to these c r itic is m s o f government in general, and the p u b lic bureaucracy, in p a rtic u la r? Recognizing the v a lid it y of many o f the charges, elected and appointed leaders in government a t various le ve ls have tr ie d a host o f d iffe r e n t ways to deal w ith these issues. Not only have they attempted many p o lic y and pro­ grammatic changes, but they have also in s titu te d o r expanded a number o f innovations to a lt e r the way in which government operates, in c lu d in g budgetary reform s, an o v e ra ll increase in rigorous p o lic y analysis and program e va lu a tio n , the passage o f federal C iv il Service reform s, requirements fo r long-range planning, and several changes in the o rg a n i­ z a tio n a l arrangements through which services are produced, d e liv e re d , and consumed. 3 While a ll o f these innovations warrant fu rth e r examination, th is la s t type o f change w ill be the focus o f th is d is s e rta tio n . In p a rtic u ­ la r , the process o f governmental "co n tra ctin g out" fo r the production and d e liv e ry o f p u b lic services w ill be analyzed here in d e ta il. The general term "c o n tra c tin g out" re fe rs to the p ra ctice o f having p u b lic services (those which any given government u n it has decided to provide fo r it s c itiz e n s ) supplied e ith e r by o th e r governmental ju r is d ic tio n s o r by p riv a te ( p r o f i t o r n o n -p ro fit) organizations Instead o f being respon­ s ib le fo r fu rn is h in g the se rvice . Several d iffe r e n t types o f contracts and d iffe r e n t ways o f granting them have been used in many kinds o f s e rv ic e s .1 I. The Case in Favor o f Contracting Out Given the h is to ric a l and p o lit ic a l framework provided above, we can consider co n tra ctin g out as p a rt o f the e f f o r t o f many governmental u n its to respond to c r it ic s , improve th e ir performance, and cut costs. Contracting fo r services from e ith e r the p riv a te sector o r outside pub­ l i c agencies is n o t, however, a new method o f service d e liv e ry . For years, many lo cal governments e s p e c ia lly have purchased such ro u tin e services as garbage c o lle c tio n , road maintenance, and s tre e t lig h tin g from outside su p p lie rs. Under the co n tra ct c itie s plan (o r Lakewood Plan) several C a lifo rn ia c it ie s fo r some years have contracted out fo r *1 w i ll n o t, however, Include consideration o f fin a n c ia l agree­ ments th a t are sometimes confused w ith co n tra cts, such as g ra n ts -in -a id to lower le ve ls o f government, vouchers, research g ra nts, o r subsidies. 9 Donald F isk, Herbert K ie s lln g , and Thomas M u lle r, P riva te P rovi­ sion o f Public Services: An Overview (Washington, D.C.: The Urban I n s titu te , 19^8), 4 th e ir basic m unicipal services— in most cases, from the county government. 3 And almost a ll government u n its th a t re q u ire roads, b u ild in g s , o r m ilit a r y weapons have long had contracts w ith p ro fit-m a k in g firm s fo r a rc h ite c tu ra l and engineering se rvice s. On the fed era l le ve l in the post-W orld War I I era, the number o f contracts f o r s c ie n t if ic research, complex technical o r e va lu a tive se rvice s, and defense-related services increased ra p id ly . 4 Bruce L. R. Smith, a foremost scholar on federal c o n tra c tin g , has stated th a t such extensive usage o f p riv a te in s t it u tio n s is a ce n tra l fe a tu re But what the S ix tie s u t iliz a t io n o f c o n tra c tin g o f any modern government. and Seventies spawned was: I) a much gre ate r fo r new human service programs a t a ll le ve ls o f government, often encouraged by federal laws and reg ulatio ns;® and 2) a g re a te r con sid e ra tio n o f th is p ra c tic e as an a lte rn a tiv e ~ to t r a d i­ tio n a l bureaucratic methods o f service d e liv e ry fo r a wide v a rie ty o f programs and s e rv ic e s , p a r tic u la r ly in the face o f fis c a l s tr a in .^ 3 See e s p e c ia lly Gary J. M ille r , P o litic s o f M unicipal Incorpora­ tio n (Cambridge, Mass.: MIT Press, 1981}; Sidney Sonenblum, John J. K ir i in , and John C. Ries, How C itie s Provide Services: An Evaluation o f A lte rn a tiv e D elivery S tructures (Cambridge, Mass.: B a llin g e r Publi c a tio n s , 1977); Robert 0. B a rre n , Government in M etrop olitan Regions: A Reappraisal o f Fractionated P olitT ca'l Orq'a'nlzat'ib'n TPavisY Cat.': I n s t it u t e o f Governmental A f fa ir s , 1966). 4 See, f o r example, Clarence Danhof, Government C ontracting and Technological Change (Washington-, D.C.: The Brookings I n s t it u t io n , imy. ®Smith, e d ., The New P o lit ic a l Economy (New York: S t. M a rtin 's Press, 1975), p. 1. C In the area o f so cia l s e rv ic e s , see, f o r example, N eil G ilb e r t, "The Transformation o f Social S e rvice s," Social Service Review 51 (December 1977), pp. 624-41. ^See e s p e c ia lly P a tric ia S. Florestano and Stephen B. Gordon, "P u b lic vs P riv a te : Small Government C ontracting w ith the P riv a te S e cto r," P u b lic A d m in istra tio n Review 40 (Jan./Feb. 1980), pp. 29-34; J e ffre y D. 5traussman, "More Bang f o r Fewer Bucks? Or How Local 5 What then are the arguments in fa vo r o f c o n tra c tin g f o r p u b lic services? Why would th is method o f d e liv e rin g services be considered by some to be su p e rio r to tr a d itio n a l methods? In the academic l i t e r a ­ tu re , one school o f thought has provided much o f the th e o re tic a l basis fo r th is approach--public choice th e o ris ts in p u b lic a d m in is tra tio n who have focused on the size o f government ju r is d ic tio n s and the economics o f bureaucracies. Although there are several d iffe re n c e s in su b je ct, methods, and emphasis, the major underlying arguments o f scholars ident i f i e d w ith th is group are s im ila r. Q Unlike o th e r p u b lic choice academicians, th is group has concen­ tra te d on analyzing an a lte rin g s p e c ific services and the s tru c tu re s by which they are sup plie d, w ith less concern f o r the votin g and demand mechanisms. Using a n e o -cla ssica l economic framework, they argue th a t the com petitive marketplace produces goods and services e f f ic ie n t ly , whereas monopolies, whether p u b lic o r p riv a te , tend toward both i n e f f i ­ ciency and unresponsiveness. They assume th a t few th e o re tic a l d i f f e r ­ ences e x is t between p u b lic and p riv a te se cto r goods and services in how Governments Can Rediscover the P o te n tia ls (and P it f a l ls ) o f the M arket," P ublic A d m in istra tio n Review 41 (Jan. 1981), pp. 150-7. Q Probably the most re le va n t and rep re se n ta tive works include Thomas E. Borcherdlng, e d ., Budgets and Bureaucrats: The Sources o f Government Growth (Durham, N .C .: Duke U n iv e rs ity l>ress, 1977); Vin­ cent Ostrom and Eleanor Ostrom, "P u b lic Goods and P ublic Choices," in E. S. Savas, e d ., A lte rn a tiv e s f o r D e liv e rin g P ublic Services Toward Improved Performance (T oulder, C o lo .: WestvTew Press, 1577), pp. 7-49; Ostrom and Ostrom, "P u b lic Choice: A D iffe re n t Approach to the Study o f P ublic A d m in is tra tio n ," Pub!1c A d m in istra tio n Review 31 (M arch/A pril 1971), pp. 302-16; W illia m A. Niskanen, J r . , bureaucracy and Represen­ ta tiv e Government (Chicago: A1dine-Atherton, 1971); E. S. Savas, e d ., A lte rn a tiv e s fo r D e liv e rin g P u blic Services Toward Improved Performance, op. c i t . ; Sonenblum, e t a l7 , How C itie s Provide S ervices, op. d t . ; Gordon T u llo c k , The P o litic s o f Bureaucracy (Washington, D .C .: P ublic A ffa ir s Press, 1965}. 6 they can be supplied. (On the demand sid e , governments a ct on b e h a lf o f consum er/citizens and use ta x a tio n and coercive a u th o rity to foreclose h o ld o u ts .) Since in most program and service areas, government agencies are service monopolies, the personnel are lik e ly to behave 1n ways th a t promote th e ir own in te re s ts a t the expense o f the in te re s ts o f e f f i ­ ciency and the consum er/citizens. The basic perspective o f these th e o ris ts is to encourage the use o f quasi-m arket mechansims f o r the p ro visio n o f services th a t are u su a lly produced by fe d e ra l, s ta te , o r lo c a l government "m onopolies." For the production o f m ainly p riv a te goods (those th a t are h ig h ly d i v i­ s ib le and packageable) th a t the p u b lic se cto r has t r a d it io n a lly provided, governments could tr y to re tu rn both the fin a n cin g and production o f such services to the p riv a te se cto r e n tir e ly ( e .g ., garbage c o lle c tio n ) . Or governments could orovide vouchers to the consumers, thus su b sid izin g the consumer ra th e r than the s u p p lie r o f a service and thereby g iv in g the consum er/citizen the o p p o rtu n ity f o r choice among various agents ( e . g . , e d u ca tio n ). But these modes o f p r iv it iz a t io n (sometimes c a lle d "load shed­ d in g "), according to many e xp e rts, are not as fe a s ib le and acceptable as is c o n tra c tin g fo r p u b lic services e ith e r to oth e r government u n its o r to p riv a te companies. Contracting out can be used f o r many services w ith e ith e r p riv a te o r p u b lic good c h a ra c te ris tic s , according to p u b lic choice w r ite r s , since both types o f goods need not be d e live re d to the p u b lic b£ a p u b lic agencies through i t s p u b lic employees, even i f the service is paid fo r by the taxpayers through a government u n it. Instead o f using i t s own bureaucracy, the re le va n t government body can purchase the services d ir e c t ly from p u b lic o r p riv a te sources through a process 7 o f com petitive bidding o r com petitive n e g o tia tio n , thus developing quasi-market conditions and achieving a desirable degree o f both f l e x i ­ b i l i t y and responsiveness in the process. The essential ro le o f the government agency o r elected body would be to perform a "watch-dog" fu n ctio n . Not only would i t deal w ith revenue gathering or budget a llo c a tio n s and the tra n s fe r o f payments to the d e liv e ry agent, but th e u n it would also choose the agents, continue to m onitor and evaluate th e ir performance, and engage in long-range planning. The th re a t o f the government agency co n tra ctin g w ith another s u p p lie r (o r even producing the service i t s e l f ) would, i t is believed, ensure th a t the producer is both e f f ic ie n t and responsive to the needs o f the consumer/citizens and th e ir representatives. Therefore, contract­ ing out is expected to enable governments to achieve the best service performance a t the lowest cost because o f a d ire c t monetary in c rn tiv e — the p r o f it motive and/or the desire to stay in business. This is the basic argument o f co n tra ctin g out advocates w ith in the p u b lic choice school, although not a ll who subscribe to th is fa vo r­ able view o f con tractin g would sp e ll out th e ir reasons in the same fashion. Perhaps the best th e o re tic a l form ulations d ir e c tly supportive g o f con tractin g out have been w ritte n by urban service a n a lysts, w h ile g Lyle C. F itc h , "Increasing the Role o f the P riva te Sector in Pro­ v id in g P ublic S ervices," in W illis D. Hawley and David Rogers, eds., Improving the Q ua lity o f Urban Management (Beverly H ills , C a l,: Sage, l574T; 'Dennis R. Young, " In s titu tio n a l Change and the D elivery o f Urban P ublic S ervices," P olicy Sciences 2 (December 1971), pp. 425-38; Savas, "Municipal Monopolies versus Competition in D e live rin g Urban S ervices," in Hawley and Rogers, eds., op. c i t . 8 most o f the p u b lic choice scholars in p u b lic a d m in is tra tio n approach th is su b je ct from a more general and o fte n more th e o re tic a l perspec­ t i v e . 10 Several w rite rs have focused on the reasons fo r b u rea ucra tic patho­ logy—e s s e n tia lly why p u b lic bureaucracies are not as e f f ic ie n t and e ffe c tiv e as an approximation o f the com petitive marketplace. W illiam A. Niskanen has provided the major p u b lic choice framework f o r th is economic c r itic q u e o f bureaucracy.11 Claiming to develop a p o s itiv e theory o f the behavior o f bureaus and rep re se n ta tive government, Niska­ nen bases his work on an understanding o f the unique demand and supply re la tio n s h ip in p u b lic o rg a n iza tio n s. He states th a t bureaus and the le g is la tiv e body (o r sponsor) form a b i- la te r a l monopoly in which the bureaus exchange a promised s e t o f outputs fo r an annual budget appro­ p r ia tio n , since the bureaus' services u su a lly cannot be supplied a t a p e r-u n it ra te . Both sides operate under a monopoly because n e ith e r has any a lte rn a tiv e s from which to choose— no o th e r budget sources f o r the bureaus and no oth er service su p p lie rs fo r the le g is la tu re . Although i t t y p ic a lly has only im p erfect in fo rm a tio n w ith which to assess the re la tio n s h ip between the costs and the outputs a c c u ra te ly , the le g is la ­ tu re is u su a lly w illin g to give a bigger budget a p p ro p ria tio n fo r a higher expected ou tp u t. Niskanen assumes th a t the le g is la tu re 1s pas­ s ive w h ile bureaus are Informed monopolies, w illin g to use t h e ir s u p e rio r in fo rm a tio n fo r t h e ir own goal o f budget m axim ization. Bureau­ c ra ts attem pt to maximize t h e ir bureaus' budgets since such a stra te g y 10See e s p e c ia lly Ostrom and Ostrom (.1977), op. c i t . ; and Borcherd in g , e d ., op. c i t . 11Niskanen, op. c i t . 9 is expected to lead to increases in the personal rewards o f th e ir positlo n s — s ta tiis , money, in flue nce . As a re s u lt, some bureaus produce too much outpu t, exceeding th e -p e in t a t which b e n e fits equal co sts, thus leading to la rg e r budgets, the in e f f ic ie n t use o f funds, and bigger government. Niskanen o ffe rs a number o f p re s c rip tio n s to h a lt th is in e ffic ie n c y and unnecessary growth in government. Among his s p e c ific proposals is to increase com petition 1n the production o f p u b lic services by using p riv a te sources o f supply through vouchers, subsidies, o r co n tra cts. According to Niskanen, The primary value o f the use o f p riv a te firm s to supply some o f the a c t iv itie s would be to provide a source o f supply th a t is not a d m in is tra tiv e ly dependent on the bureaucracy and review committee a t a p rice known to representatives o f the mlddle-demand group and, thus, to reduce the monopoly power o f the bureaucracy and review comn1ttees. ™ In p a rt, th is confidence in outside supply is based on em pirical study, as w ell as deductive, formal theory. Some researchers have examined serveral d iffe r e n t p o lic y areas to determine i f the quasi­ market approaches to service pro visio n are less c o s tly or more e f f i ­ c ie n t than p u b lic monopolies. In the main, what lim ite d evidence there is supports the arguments th a t the p riv a te ly (o r outside) supplied ser­ vices are a t le a s t less c o s tly (and in a few cases, more e f f ic ie n t ) than in-house services, in the cases o f f i r e p r o te c tio n ,^ an a i r l i n e , ^ a 12I b id . , p. 217. 13 Roger S. Ahlbrandt, J r . , "E ffic ie n c y 1n the Provision o f F ire S ervices," Public Choice 18 CFall 19731, pp. 1-15. 14 David G. Davies, "The E ffic ie n c y o f P ublic versus P riva te Firms: The Case o f A u s tra lia 's Two A ir lin e s ," Journal o f Law and Economics 14 (1971), pp. 149-65. 10 u t i l i t y , 15 and refuse c o lle c tio n .15 Even though the evidence is not com pelling, these studies have added more credence to the suggestion th a t oth e r areas o f p u b lic p o lic y could be improved i f p riv a te suppliers were used. In a d d itio n , i t is often assumed th a t even government services th a t have outputs th a t are more d i f f i c u l t to measure could lead to s im ila r re s u lts in mental h e a lth , social services, education, e t c . 1^ U n fo rtun ately, almost no rigorous studies have y e t examined e ith e r these services o r no n-co st-re la te d outcomes o f co n tra ctin g out. major goal o f th is d is s e rta tio n to analyze: I t is the 1) the p o lic y area o f human s e rvice s, an area la rg e ly overlooked by p o lit ic a l science theor­ is ts and researchers, and 2) the v a rie ty o f p o lit ic a l and service by­ products and outcomes o f purchasing such services. In summary, what then are the major arguments in favo r o f using outside sources to supply government services? F ir s t, proponents believe th a t p riv a te supply w ill lead to lower government costs fo r at le a s t fiv e reasons. 1) Competition fo r contracts would help to reveal the true costs o f production ande lim in a te waste, since contracts would be awarded to those o ffe rin g le a s t cost le v e l. the most o r best q u a lity services a t the 2) S u b s titu tio n o f the p r o f it motive fo r budget maxi­ m ization and em pire-building would help to li m i t budget growth in 15 Louis D eA llessi, "An Economic Analysis o f Government Ownership and Regulation: Theory and the Evidence from the E le c tric Power Indus­ t r y , " P ublic Choice 19 CFall 1974), pp. 1-42. 15Savas, "S o lid Waste C o lle ctio n in M etropolitan Areas," in E lin o r Ostrom, e d ., The D elivery o f Urban Services CBeverly H ills , C a l.: Sage, 1976), pp. 2 0 1 ^ 1^F1tch, op. c i t . 11 p a r tic u la r , and government growth, in general, in the long run. 3) Eco­ nomies o f scale could be re a liz e d in some ju r is d ic tio n s through the reduction o f overhead, s ta rt-u p co sts, o r high personnel costs by spreading supply over a la rg e r number o f u n its o r o th e r agencies ( e .g ., c o n tra c tin g f o r sp e cia lize d medical s e rv ic e s ). 4) High personnel costs would be reduced, p rim a rily due to avoiding p u b lic employee unions and p u b lic personnel c o n tro ls ( e .g ., C iv il Service ru le s ). 5) Greater f l e x i b i l i t y in the use o f personnel and equipment would be achieved fo r sh o rt-te rm p ro je c ts , p a rt-tim e work, sp e cia lize d needs, o r new problems --w ith o u t a conmitment to su sta in in g a bloated bureaucracy. This a n t i­ c ip a tio n o f reduced costs o f p u b lic services is the most compelling reason f o r both scholars and government o f f ic ia ls to fa vo r co n tra ctin g o u t.18 A second advantage o f c o n tra c tin g out is seen as an outcome o f com petition— i . e . , i t is expected th a t com petition fo r con tracts among p riv a te co n tra cto rs w i ll also produce b e tte r q u a lity services f o r the p rice pa id , since a d ir e c t monetary in c e n tiv e f o r good performance by s u p p lie rs e x is ts . 19 I f the service d e live re d is judged to be inadequate by the overseeing agency, another su p p lie rs could be granted the con­ tr a c t ( e ith e r to another p riv a te agent o r a government agency). Thus, to use A lb e rt 0. Hirschman's terms, the c o n tra c t re la tio n s h ip has a major advantage over the usual methods, in th a t i t allows f o r both e x it 18 F itc h , op. c 1 1 .; Niskanen, op. c i t . ; Savas (.1974), op. c i t . ; Robert M. Spann, "P u b lic versus P riva te P rovision o f Governmental Ser­ v ic e s ," in Borcherdlng, e d ., op. c 1 t . ; Niskanen, op. c i t . ; Young, op. c it. 19 Savas (1977), op. c i t . ; Warren, op. c i t . ; Young, op. c i t . 12 and voice mechanisms to be a c tiv a te d , in the event th a t the service q u a lity declines o r does not meet the c o n tra c t's s p e c ific a tio n s . 20 A th ir d fa c to r that some observers believe is a major advantage to purchasing services is th a t the rapid government growth o f the la s t decades could be slowed, i f not h a lte d , by th is means. would have greater control over it s services. 21 Government The a n tic ip a te d cost savings would keep budget growth to a minimum, w hile the size o f p u b lic employee r o lls could be lim ite d . The power o f the c e n tra liz e d bureau­ cracy a t a ll levels could be somewhat reduced as w e ll, by allow ing greater p a rtic ip a tio n fo r p riv a te actors in p u b lic policy-m aking. II. Problems and L im ita tio n s o f Contracting Out Thus fa r , only the arguments favoring co n tra ctin g fo r p u b lic ser­ vices have been presented. But what might lead one to oppose changing the organizational arrangements fo r service d e liv e ry —changes which many believe w ill re s u lt in lower costs, good services, and a slowdown o f government growth? Several d iffe r e n t types o f disadvantages and lim it a ­ tion s o f con tractin g out are recognized by various in d iv id u a ls and groups, in clu d in g some who advocate the greater use o f outside sup plie rs. The f i r s t major problem w ith co n tra ctin g fo r p u b lic services, raised by several d iffe r e n t observers o f p u b lic bureaucracies, can occur as a d ir e c t re s u lt o f the re la tio n sh ip s th a t develop between those ?n Hirschman, E x it, Voice, and Loyalty (Cambridge, Mass.: Harvard U n iv e rs ity Press, 19701. ?1 J,In p a r tic u la r, the Borcherding volume addressas th is Issue, op. c i t . 13 granting the contracts and the p riv a te con tractors. 22 Purchasing services from one o r a few p riv a te suppliers on a continuing basis can produce cozy re la tio n s h ip s which are h ig h ly b e n e fic ia l fo r both sides, but may not be in the general in te re s ts o f the taxpayers. In a d d itio n , the use o f b rib e s, kickbacks, and other ille g a l a c t iv itie s have been observed in many municipal governments and can be a p a rt o f any con tract­ ing system. As F itch s ta te s , Contracts are one o f the most common and lu c ra tiv e sources o f co rru p tio n in government. The abuse has been only dim i­ nished, not e lim in a te d , by p u b lic bidding and oth e r forma­ l i t i e s designed to improve the in te g r ity o f the process. P riva te contractors doing business w ith the government are s t i l l one o f the p rin c ip a l sources o f campaign funds, and o f support fo r shady p o litlc ia n s .2 3 In e ffe c t, the c r it ic s argue, c o rre ct o r cozy re la tio n s h ip s can help to erode both com petition and e ffe c tiv e q u a lity c o n tro l, which, in tu rn , leads to higher costs and lower q u a lity services. Public o f f ic ia ls w i ll be more lik e ly to make choices about p u b lic p o lic y , service d e li­ very, awards, and p rice based on the goals and needs o f the suppliers ra th e r than the needs o f the re c ip ie n ts and the general p u b lic . Such kinds o f c r itic is m s , fo r example, have been leveled against the federal Department o f Defense in it s crea tion o f a " m ilita r y - tn d u s tr ia l complex" based on co n tra ctin g re la tio n s h ip s . Most c r it ic s believe th a t the proper re la tio n s h ip between the government and it s contractors depends on the government agency c le a rly being in control o f the service and the p riv a te s u p p lie r. I t should set the goals, draw up the proper 22F itc h , op. c i t . ; Niskanen, op. c i t . ; John Hanrahan, Government fo r Sale: Contracting Out--The New Patronage CAmerican Federation o f S tate, County, and Municipal Employees, 137/). 14 procedures to encourage com petition, and make careful performance evalu­ ations in an o b je c tiv e manner. A somewhat d iffe r e n t c r itic is m comes from those who are more con­ cerned about p riv a te autonomy, p a r tic u la r ly in n o n -p ro fit in s titu tio n s . Their complaint about excessive government control is heard in regard not only to the general lic e n s in g , re g u la tio n , and lim ita tio n o f the 24 p riv a te sector but also to the contractual re la tio n s h ip . Neil G ilb e rt summarizes how th is problem is viewed in the f ie ld o f social services: A major concern from the perspective o f volun ta ry agencies is the degree of autonomy they might have to f o r f e i t in gain­ ing access to p u b lic funds. The questions they ask are, How much c o n s tra in t on p riv a te agency a c t iv it ie s w ill accompany the re c e ip t o f government funds, and w ill p riv a te agency a c t iv it ie s emerge u ltim a te ly as merely the instrum ent o f government p o l i c y ? ” This concern does not c a ll fo r the e lim in a tio n o f co n tra ctin g fo r human services from p riv a te agencies, but i t does emphasize th a t the granting o f government contracts may have some negative consequences in the long run fo r some in s titu tio n s th a t are now being used to d e liv e r p u b lic , as w ell as p riv a te , services. One o f the real d i f f ic u lt ie s fo r government agencies arises in d e lin e a tin g c le a r but not excessively r e s t r ic t iv e s p e c ific a tio n s , g u id e lin e s, and regulations fo r p riv a te agencies to fo llo w in Implementing p u b lic programs. A th ir d re la te d problem w ith purchasing p u b lic services can be noted—one th a t 1s re la te d to the two previous problems and is a major concern in any area o f government. The ever-present p o lit ic a l problem ^ N e il G ilb e rt, op. c i t . ; Eleanor B r il lia n t , "P riv a te o r P ublic: A Model o f A m bigu itie s," Social Service Review (September 1973), pp. 384-96; Gordon Manser, "Im p lic a tio n s o f Purchase o f Services fo r Volun­ ta ry Agencies," Social Casework 55 (Ju ly 1974), pp. 421-7. 250p. c i t . , pp. 633-4. 15 o f a c c o u n ta b ility in p u b lic a d m in istra tio n is only magnified w ith the a d d itio n o f non-governmental organizations carrying out the work o f government. In a con tractin g system whose s tru c tu re { i f i t can be said to have one) is not a t a ll h ie ra rc h ic a l and where c le a r, s tra ig h t lin e s o f a u th o rity are often absent, p o lit ic a l and legal re s p o n s ib ility or a c c o u n ta b ility to a c h ie f executive o r le g is la tiv e body is said to be d i f f i c u l t to e sta b lish and enforce. C ritic s have charged th a t in almost any type o f “service i t is usually more d i f f i c u l t fo r the p u b lic or pro­ gram re c ip ie n ts to hold contractors responsible and to encourage them to react responsively than elected o f f ic ia ls and bureaucrats when the service proves to be u n sa tisfa cto ry. 26 This problem is often complicated by the fa c t th a t n o n -p ro fit agencies can be torn in several d iffe r e n t d ire c tio n s because o f th e ir need to be responsive to the various demands o f the government, to th e ir boards o f d ire c to rs , to th e ir c lie n ts , and to the community. 27 Yet a fo u rth d i f f ic u lt y w ith extensive co n tra ctin g can also a ris e , p a r tic u la r ly in human service a d m in is tra tio n , according to some p u b lic p o lic y analysts. 28 Because o f a growing relia nce on the use o f p riv a te org an iza tion s, the crea tion and implementation o f coherent p u b lic p o lic y may become an even more form idable task fo r government agencies. This d i f f ic u lt y 1s p a r tic u la r ly great in some service areas ( e .g ., day care, 26 See, fo r example, Smith, op. c i t . ; Smith and D. C. Hague, eds., The Dilemma o f A cco u n ta b ility in Modem Government; independence vs. Control (New York: St. M a rtin 's Press, 1971J. 27 28 B r i l l i a n t , op. c i t . , in p a rtic u la r, makes th is p o in t. I b id . ; Bertram Beck, "Governmental Contracts With the N o n-P ro fit Social Welfare C orporations," in Smith and Hague, ed s., op. c i t . 16 manpower programs, home health care) th a t u t il iz e a v a rie ty o f d iffe r e n t p riv a te agencies w ith many o f the in s titu tio n s being concerned about m aintaining t h e ir in d iv id u a l autonomy and a c c o u n ta b ility to o th e r actors. Planning f o r and coo rdina ting the m u ltitu d e o f fragmented a c t iv it ie s o f p riv a te service s u p p lie rs , according to th is view, only adds to the already confused, overlapping, and c o n tra d ic to ry d iv is io n s w ith in gov­ ernment i t s e l f . From q u ite a d iffe r e n t perspective comes another argument against c o n tra c tin g ou t. Defenders o f p u b lic employee u n io n iza tio n charge th a t th is method o f service d e liv e ry is a way o f by-passing the m unicipal and s ta te unions to use under-paid, non-union labor. When governments decide to switch from p u b lic employees to p riv a te firm s , union leaders accuse the o ffen ding agency o f union-busting and p u ttin g p u b lic employ­ ees on w e lfa re . A major o b s tru c tio n to some m u n ic ip a litie s in the Northeast and Midwest engaging more e xte n sive ly in c o n tra c tin g out has been th e ir p o li t i c a ll y powerful unions. Recently, when the c it y manager o f Benton Harbor, Michigan proposed la y in g o f f almost a ll p u b lic employ­ ees in the debt-ridden c it y government and rep la cing them w ith contracto rs , the most vociferous re a ctio n came from the municipal union. 29 (Needless to say, the manager and his plan did not la s t very long once employees m obilized op po sitio n to c o n tra c tin g .) To support t h e ir in te r ­ est in m aintaining the tr a d itio n a l mode o f service d e liv e ry , u n io n ists 30 are lik e ly to employ some o f the above c ritic is m s 1n t h e ir arguments. 29 W illia m F. Aste I I I , "Benton Harbor C ity Manager Proposes Laying O ff Most Employees," The Benton Harbor Herald-Palladiurn (Feb. 3, 1981), p. 1. 30 See Hanrahan, op. c i t . 17 C r itic s o f p riv a tiz a tio n have also responded to the argument that co n tra ctin g helps to lim it government growth and in te rfe re n c e , w hile at the same time strengthening the p riv a te sector and p riv a te organizations. They claim th a t the government's ro le in the economy, in p riv a te organi­ zatio ns, in people's liv e s continues to grow— i t is ju s t th a t p u b lic employees may be hired less fre q u e n tly to produce and d e liv e r the p u b lic services. Along w ith a flo u ris h in g government ro le comes a growing tax burden f o r services and programs which governments believe they must provide. In her c r itiq u e o f using p riv a te in s titu tio n s fo r p u b lic purposes, B r i l l i a n t concludes: E ffe c tiv e ly , the mixing o f p u b lic and p riv a te a c t iv itie s masks o r screens the growth o f government in te rfe re n ce w ith the p riv a te sector and thereby makes I t more palatable to average Americans. This illu s io n maintains the myth o f less government, w h ile government a c tu a lly w h ittle s away a t the essential substance o f p riv a te autonomy.31 These are some o f the major disadvantages and lim ita tio n s asso­ cia te d w ith c o n tra c tin g , according to a v a rie ty o f analysts. This d is ­ cussion does not im ply, however, th a t co n tra ctin g out fo r services is a uniform ly undesirable a lte rn a tiv e to bureaucratic supply. Rather, we are cautioned th a t the o p tim is tic p ic tu re painted by co n tra ctin g advo­ cates w ith in the p u b lic choice tr a d itio n may have a darker side. Many questions remain to be answered about implementing co n tra c tin g , many of them revo lving around fundamental economic and p o lit ic a l issues. 310p. c i t . , p. 394. CHAPTER I I ADDITIONAL PERSPECTIVES ON CONTRACTING OUT: MARKET IMPERFECTIONS AND COOPTATION In the f ie ld o f p u b lic a d m in is tra tio n , only the p u b lic choice per­ spective has o ffe re d a th e o re tic a l foundation fo r the favorable view o f co n tra ctin g out fo r services. The c ite d c ritic is m s o f th is a lte rn a tiv e to tr a d itio n a l methods o f service supply have la rg e ly come from obser­ vers o f p u b lic purchase, but these have not been well-grounded in theo­ r e tic a l approaches to the the general Issues surrounding the subject. There are other in te lle c tu a l tra d itio n s in the social sciences th a t can be brought to bear on th is discussion, however. Two d iffe r e n t perspec­ tiv e s —one from the d is c ip lin e o f economics and the oth er from p o litic a l science—o ffe r a useful framework fo r th in k in g syste m a tica lly about con­ tra c tin g . They suggest various disadvantages th a t could be associated w ith it s usage, and they p o in t to underlying problems which would have to be overcome f o r it s successful implementation. I. Analysis o f the Pro-C ontracting Argument Various p u b lic choice th e o ris ts have focused on the p o s itiv e expectations o f co n tra ctin g out. In p a rtic u la r , they argue th a t th is innovation w i ll lead to more e f f ic ie n t ly provided services—th a t lower costs (o r increased output) can be re a liz e d . A dditional be n e fits o f th is p ra c tice w i ll include b e tte r q u a lity services and a slowdown in governmental growth. But fo r these expectations to be re a liz e d , are 18 19 governmental growth. But fo r these expectations to be re a liz e d , are there not c e rta in necessary conditions th a t must be present? I. Conditions o f Contracting Contracting advocates m aintain th a t the major b e n e fits o f co n tra c t­ ing a ris e out o f the m a rk e t-lik e com petition th a t is Introduced in to p u b lic service p ro visio n . When a government u n it decides to purchase a service, monetary incentives are created fo r releva nt outside suppliers to bid o r submit proposals fo r the co n tra ct. Bidders/proposers must c a l­ culate not only the actual costs o f service p ro visio n fo r the s p e cifie d services, but also the p rice o f services o f oth e r competing firm s . Ac­ cording to the theory p u b lic choice scholars use, bidders w i ll be encouraged to bid near the true costs o f production fo r the exact set o f services desired by the government in order to obtain the c o n tra ct. To get a c o n tra c t, in p u b lic procurement parlance, the bidder must also be viewed as responsive to the co n tra ct requirements and s p e c ific a tio n s as well as responsible—being capable o f carrying through on the terms o f the agreement. Given responsive and responsible bidders, co n tra ctin g advocates assume th a t awards w i l l usu ally be made to the lowest bidder, whether fo r garbage pick-up , tre e trim m ing, o r employment services. Only then would there e x is t an in ce n tive to keep costs to a minimum. This simple model o f the co n tra ctin g process, however, depends upon c e rta in key co n d itio n s. Some o f these are im plied by the w rite rs on c o n tra c tin g , but they must be made e x p lic it in order to understand the lik e lih o o d o f a tta in in g the expected b e n e fits o f co n tra ctin g . In p a r tic u la r , three major conditions appear to be c r it ic a l to any con­ tra c tin g arrangements. 20 F ir s t , i t is c le a r th a t com petition is a necessary in g re d ie n t in the c o n tra c tin g system, and in p a r tic u la r , two aspects o f com petition are e s s e n tia l--c o m p e titio n in the environment and in c o n tra c tin g proce­ dures. The service environment determines the a lte rn a tiv e s which can be considered by the government u n it, as w ell as the c a lc u la tio n s made by p o te n tia l c o n tra c to rs . At le a s t two responsible and responsive indepen­ dent bidders (b u t p re fe ra b ly more) are required to produce a basis fo r com petition. I f no o th e r firm e x is ts to o f f e r i t s s e rv ic e s , what incen­ tiv e s does the s in g le bidder have to pare costs and provide high q u a lity services? And how can the purchasing u n it evaluate the proposed p ric e and services when there is no method o f comparison? (This task is p a r ti­ c u la rly problem atic when the government agency has never provided the service i t s e l f . ) In a d d itio n , the procedures u t iliz e d by the government u n it must promote, ra th e r than reduce, com petition. Wide a d v e rtis in g , a c le a r and complete s p e c ific a tio n o f the services re q u ire d , and the im p a rtia l con­ s id e ra tio n o f providers throughout the process are the prim ary methods o f ensuring th a t purchasing services w i ll u ltim a te ly b e n e fit the consu­ mers and taxpayers. Usually maximum u t i l i t y w i ll be re a liz e d when the government has an adequate knowledge o f: 1) p o te n tia l service p ro v i­ ders, and t h e ir past performance; 2) the services themselves, e s p e c ia lly as they re la te to the needs o f consumers; and 3) the methods o f service d e liv e ry . With th is in fo rm a tio n , those who w rite the s p e c ific a tio n s and evaluate the s u p p lie rs ' bids/proposals w i ll understand what elements are e s s e n tia l, p ra c tic a b le , and s u f f ic ie n t fo r good se rvice p ro v is io n . The second major c o n d itio n f o r e f f ic ie n t c o n tra c tin g th a t is assumed by c o n tra c tin g proponents is th a t c o n tra c tin g o f f ic ia ls w i ll be 21 ra tio n a l decision makers who are m otivated to adhere to the goal o f maximizing cost savings, w ith adequate service performance.^ In d iv id u a l p u b lic o f f ic ia ls f i r s t would be able to rank-order the various a lte rn a ­ tiv e s according to th is go al, w ith the in fo rm a tio n they have obtained about co st, q u a lity , needs, past performance, e tc . Then they would s e le c t the best choice— the a lte rn a tiv e th a t w i l l re s u lt 1n the desired services at the le a s t cost le v e l. key elements: This outcome, however, depends on two 1) the coiranon goal o f cost m inim ization w ith adequate service p ro v is io n ; and 2) s u f f ic ie n t in fo rm a tio n to consider the major a lte rn a tiv e s and to judge accu rate ly the a n tic ip a te d performance and consequences o f each a lte rn a tiv e in terms o f th is goal. This form o f ra tio n a l decision making lo g ic a lly should be u t iliz e d in a t le a s t two c r it ic a l c o n tra c tin g de cisions— the choice between in house service supply and c o n tra c tin g o u t, and the choice among a lte rn a ­ tiv e outside pro vid ers. I t is obvious th a t cost savings via c o n tra ctin g can only be re a liz e d i f i t appears probable th a t outside sources would lead to reduced government costs ( i . e . , outside co n tra cto rs should not be used sim ply because they are a v a ila b le o r because p o litic ia n s may b e n e fit by i t ) . The t h ir d general c o n d itio n required by the c o n tra c tin g argument is an e ffe c tiv e "watchdog" ro le by the government. The co n tra ctin g o f f ic ia ls should continuously m onitor c o n tra c to r service performance to ensure th a t the a c t iv it ie s conform to the s p e c ific a tio n s o f the con­ tr a c t. Where co n tra cto rs are reimbursed fo r th e ir c o s t, p a r tic u la r ^A dm ittedly, the goal o f cost reduction does not ne cessa rily re q u ire a maximizing assumption. Conceivably, the expected outcomes could be re a liz e d w ith s a tis fic in g behavior by o f f i c i a l s , in the Herbert Simon t r a d itio n . But most o f the th e o re tic a l co n tra ctin g lit e r a t u r e im plies a maximizing p rin c ip le . See James March and Simon, O rganizations (New York: Wiley and Sons, 1958). 22 a tte n tio n must be paid to v e r ify in g expenditures—to prevent ille g a l a c t iv it ie s and mismanagement o f funds. O pp ortun ities should also be provided f o r consumers o f the services to express t h e ir suggestions and d is s a tis fa c tio n d ir e c t ly to the responsible government u n it. These m onitoring operations are c r i t i c a l f o r s p o ttin g p o te n tia l problems, keeping c o n tra cto rs "h on est," and p ro vid in g tech nica l assistance to co n tra cto rs when problems a ris e . For human services (and any oth e r types o f services where cause and e ffe c t re la tio n s h ip s are more uncer­ t a in ) , independent, o b je c tiv e evaluations are also necessary to de te r­ mine i f the services are e ffe c tiv e in meeting program o b je c tiv e s . These reviews o f c o s t, performance, and e ffe c tiv e n e s s c o n s titu te e sse n tia l feedback in fo rm a tio n when con tracts are considered fo r renewals. Only by these means can the government be c e rta in th a t i t Is re ce ivin g the kinds o f services i t de sire s. This a n a lysis o f the three major co n d itio n s — com p etitio n, ra tio n a l decisions to achieve cost reduction and e f f ic ie n t se rvice s, and an e ffe c tiv e government watchdog ro le — lo g ic a lly leads to th is c ru c ia l question: How lik e ly is i t th a t these three co n d itio n s w i l l obtain in the real w orld o f p u b lic bureaucracy? Since the p o s itiv e expectations about c o n tra c tin g appear to re s t on these assumptions, what w i ll occur i f these co n d itio n s are not always present? E ventually these questions should be answered by thorough em p irica l study across a number o f ser­ vices in various government ju r is d ic t io n s . As y e t, c o n tra c tin g advo­ cates have not considered the importance o f these c o n d itio n s , nor have they examined them in th e ir research. There a re , however, various scholars from the d is c ip lin e s o f economics and p o lit ic a l science who suggest im portant ways in which the 23 real world may c o n flic t w ith the assumed, id e a lize d world o f pu blic choice th e o ris ts . For our purposes, these scholars can be placed in to two groups on the basis o f c e rta in conmon themes in th e ir arguments. To f a c il it a t e references to them, I have labeled the two perspectives the market im perfection perspective (from economics) and the cooptation p perspective (from p o lit ic a l science). In what follow s I do not intend to describe f u ll y the a n a ly tic and h is to ric a l bases o f these perspectives. I w i ll h ig h lig h t th e ir major arguments and then id e n tify some o f t h e ir conclusions th a t can be e xtra ­ polated to the subject o f c o n tra ctin g out. While they have d iffe r e n t f o c i, a ris e out o f q u ite d iffe r e n t contexts, and do not s p e c ific a lly address the subject o f c o n tra c tin g , both o f these perspectives suggest several ways in which the required conditions and, th e re fo re , the associated b e n e fits may not be found in co n tra ctin g arrangements. II. The Economics o f Market Im perfection The works th a t might be considered p a rt o f th is perspective are extremely d ive rse , but they are commonly rooted in a longstanding e f f o r t to get away from the id e a lize d components o f c la s s ic a l economics and move toward a more s u ita b le framework fo r describing and exp la in ing the r e a litie s o f economic behavior.^ A major th ru s t o f these scholars has 2 In doing t h is , I undoubtedly am placing together scholars who would not see themselves as members o f a conmon "sch o o l," o ve rsim p lify complex arguments, and make g e n e ra liza tio n s th a t may not accurately represent any s in g le sc h o la r's c o n trib u tio n . This is an In e v ita b le consequence o f any e n te rp rise which attempts to synthesize a complex, diverse lite r a t u r e . ^Pioneering works in th is tr a d itio n are Edward Chairtserlin, The Theory o f M onopolistic Competition (Cambridge: Harvard U n iv e rs ity Press, 1933); Joan Robinson, The Economics o f Im perfect Competition (London: Macmillan, 1933); John Von Neumann and Oskar Morgenstern, The Theory o f Games and Economic Behavior (P rinceton: Princeton U n ive rsity 24 been to empahsize im perfections in the tr a d itio n a l model o f com petition, p ric in g , Inform a tion , and automatic adjustments o f the market--market fa c to rs which are believed to produce an e f f ic ie n t a llo c a tio n o f so c i­ e ty 's resources. This economic model underlies much o f the p u b lic choice tr a d it io n 's desire fo r market mechanisms in the supply o f p u b lic ser­ vices. For th is a n a lysis, i t is most releva nt to examine two areas o f supposed market im perfections—com petition and in fo rm atio n. According to th is perspective, com petition in most in d u s trie s tends to be monopo­ l i s t i c o r o lig o p o lis tic , i f i t can be described as com petition at a l l . Decision-making w ith in them is not characterized by firm s ' automatic adjustments to the demands, p ric e s , and com petition o f the marketplace; ra th e r, i t is marked by market c o n tro l, interdependence, and in te ra c ­ tio n . Consequently, prices are too high, output is too low, and resources are a llo ca te d in e f f ic ie n t ly . Thus, tra d itio n a l claims about the v irtu e s o f p riv a te sector a c t iv it y and the unhindered marketplace may not always be v a lid . The perspective o f market im perfections also points out th a t buyers in the marketplace fre q u e n tly have im perfect inform ation w ith which to assess the products and services they wish to purchase. Not only is Inform ation lim ite d and c o s tly , but s e lle rs have many incentives to d is tr a c t, obfuscate, and mislead consumers w ith th e ir p ric e s , pro­ duct v a r ie tie s , packaging, a d v e rtis in g , e tc. Since consumers to a large e xte nt depend upon s e lle r s ' Inform a tion , they may fre q u e n tly make unwise decisions in the marketplace. Press, 1947). Themes developed in these e a rly works have been elabor ated on by various economists in the lib e ra l tr a d itio n . 25 Certain economists take th is problem one step fu rth e r. They question the cla s s ic a l economic view th a t tastes fo r p a r tic u la r products and services are endogenous— th a t the consumer enters the marketplace w ith a s e lf-d e fin e d idea o f which products and services s/he requires. Instead, s e lle rs often use selected inform ation to mold consumer values and preferences— thus fre q u e n tly crea ting "needs" where none existed before. Logical extensions o f th is perspective to co n tra ctin g out lead us to question the major assumptions o f the p u b lic choice proponents o f co n tra ctin g . In many professional and technical fie ld s and in services th a t require large i n i t i a l investments fo r spe cia lize d equipment, there are often only one or two p o te n tia l firm s th a t could produce the desired se rvice . The Department o f Defense, fo r example, re g u la rly uses sole source purchase procedures, o fte n because only one co n tra cto r can pro­ duce the sp e cifie d product o r se rvice . Competitive market pressures would c e rta in ly be minimal when the number o f p o te n tia l providers is so lim ite d . There is no compelling reason to believe th a t outside s u p p li­ ers w i ll necessarily provide services more e f f ic ie n t ly than bureaucratic agencies. Market c o n tro l, m onopolistic behavior, and the u n a v a ila b ility o f a lte rn a tiv e s may e a s ily tra n s la te in to higher costs fo r taxpayers and lower q u a lity services fo r consumers. While 1n p rin c ip le the government can replace u n sa tisfa cto ry suppliers and co n tra ct w ith more e f f ic ie n t and e ffe c tiv e ones, th is option w i ll o fte n be absent. Sunk con tractin g costs and the need fo r service c o n tin u ity may even mean th a t the govern­ ment u n it may have l i t t l e choice but to u t iliz e a p a rtic u la r su p p lie r. Therefore, the problem o f service monopolies cannot sim ply be avoided 26 by re ly in g on the p riv a te se cto r, since the p riv a te sector i t s e l f may not be marked by com petition among su p p lie rs. Part o f the lack o f com petition in contracting out is due to the fa c t th a t government services often have mainly p u b lic good c h a ra c te ris ­ tic s . The problem is not simply th a t th is in h ib its the expression o f in d iv id u a l demand, since government can step in to perform th is fun ction . Rather, the problem is th a t there is often no independent fre e market fo r supply purposes--the p riv a te sector is under-developed p re c is e ly because demand is under-expressed. When the government f i r s t a r tic u ­ la te s demand fo r a se rvice , th e re fo re , i t has no fu ll-fle d g e d in d u stry to turn to and, as a re s u lt, can hardly reap the b e ne fits o f com petition through co n tra ctin g . Over tim e, it s demand and preference fo r p riv a te supply encouraged the emergence o f an in d u stry which is , in e ffe c t, governmentally created and dependent. Reliance upon th is kind o f a "p u b lic -p riv a te " in du stry may produce fa r less e ffic ie n c y and f le x i b i­ l i t y than the proponents o f co n tra ctin g expect. Contracting out also requires a review process in which re le va n t, accurate, and complete inform ation is essential fo r the government to judge costs, performance, and effe ctive n e ss. But the inform ation i t requires f o r wise decisions is often d i f f i c u l t to o b ta in , fo r various reasons, in c lu d in g : o b je ctive inform ation is so c o s tly th a t only a lim ite d amount can reasonably be purchased; service q u a lity and program effectiveness are often d i f f i c u l t to define and measure; inform ation is often c o lle c te d through contractors themselves and oth er organizations th a t have many o p p o rtu n itie s fo r screening, b ia s, and in e p titu d e ; p r i­ vate contractors have incentives to shape inform ation about needs and outputs to t h e ir own advantage. Together, these sources o f 27 in form ational inadequacy suggest th a t the government may often make unwise co n tra ctin g decisions. The main p o in t o f th is a p p lic a tio n o f the market im perfection perspective is th a t the p u b lic choice model o f co n tra ctin g is b u ilt on an id e a liz e d economic foundation. For various reasons, the conditions th a t are assumed to e x is t to produce e f f ic ie n t c o n tra c tin g —e sp e cia lly com petition and adequate in fo rm atio n—are not lik e ly to m a te ria liz e in the real world. As a re s u lt, the favorable expectations about co n tra ct­ ing w i ll o fte n be in jeopardy. Ill. The P o litic s o f Cooptation While the perspective o f market im perfections has d e a lt w ith eco­ nomic m atters, the cooptation perspective developed in p o lit ic a l science around p o lit ic a l concerns. Like the economists, however, w rite rs th a t can be considered as p a rt o f th is p o lit ic a l perspective also reacted to the major paradigm o f th e ir d is c ip l ine—p lu ra l ism. They did not accept the p lu r a lis t s ' id e a lize d p ictu re s o f p o lit ic s as a means o f understand­ ing the in te re s t group system and i t s re la tio n s h ip w ith government. A reasonable extension o f th is perspective to co n tra ctin g conditions d o ve ta ils n e a tly w ith the economic perspective to produce s a lie n t caveats to the co n tra ctin g model. In p a r tic u la r , these p o lit ic a l s c ie n tis ts challenged the p lu r a lis t assumptions th a t 1) In te re s ts form spontaneously and n a tu ra lly ; 2) th a t there is a natural balance o f in te re s ts represented before the govern­ ment; and 3} th a t government acts as a n e u tra l, mechanical referee o f 28 a c tiv e in te re s ts in so cie ty. 4 This perspective, e s p e c ia lly as a r tic u ­ lated by Theodore Lowi and Grant McConnell, believes th a t d iffe r e n t seg­ ments o f government tend to be "coopted" o r c o n tro lle d by those in te re s ts which are most successful in organizing and a r tic u la tin g th e ir in te r e s ts . For the c o o p ta tio n is ts , some in te re s ts have inherent advantages over others in achieving organized p o lit ic a l expression. Voluntary associations are more lik e ly to form around the intense m ate rial in te r ­ ests o f r e la tiv e ly few producers, i t is claimed, than around the more d iffu s e in te re s ts o f many consumers. In co n tra st to the w ell-organized in te re s ts o f business, la b o r, a g ric u ltu re , and the professions, a range o f broader social in te re s ts ( e .g ., concerning consumers, women, the environment) have long struggled to achieve membership le ve ls and fin a n ­ c ia l resources th a t come nowhere close to re fle c tin g t h e ir tru e support in society as a whole. These biases are compounded, co o p ta tio n is ts argue, by the fa c t th a t the policy-m aking process is n e ith e r com petitive nor t r u ly open— as posited by p lu r a lis ts . Because o f th e ir preponderance o f valuable resources—votes, money, in fo rm a tio n , p o lit ic a l support, a d m in istra tiv e cooperation— the producer groups become the favored in te re s ts in th e ir "tria n g u la r" re la tio n s h ip s w ith c e rta in key le g is la tiv e committees and a d m in is tra tive agencies. R elationships in the "iro n tria n g le " tend to 4The major works in th is tr a d itio n are E. E. Schattschneider, The Semi-Sovereign People (New York: H o lt, Rinehart and Winston, 1960); Grant M cC o n n e ll.P riva te Power and American Democracy (New York: Knopf, 1966); Henry S. K a rie l, The Decline o f American P lu ralism (S tanford: Stanford U n ive rsity Press, 1961); W illiam E. Connolly, e d ., The Bias o f P lural!sm (New York: Atherton, 1969). The o rig in a l term and phenome­ non o f cooptation was explained in a c la s s ic so c io lo g ic a l work, P h ilip S elznick, TVA and the Grass Roots (Berkley: U n ive rsity o f C a lifo rn ia Press, 194?T 29 be coopt1ve--each o f the in sid e rs gains through re g u la rize d , supportive re la tio n s h ip s w ith each o f the oth er like-m inded p a rts , and through in s u la tio n from outside in te rfe re n c e . In the a d m in is tra tiv e process, cooptlve p o litic s is seen as even more pervasive and deeply entrenched. Specialized In te re s t groups often have so much to o ffe r th a t they are fo rm a lly incorporated in to agency decision making, re lie d upon to per­ form governmental fu n ctio n s, and e s s e n tia lly , delegated p u b lic a u th o rity . Noticeably absent in a ll o f th is are inputs from those d iffu s e social in te re s ts th a t have d i f f ic u lt y organizing and gathering resources. From th is perspective, co n tra ctin g fo r services is lik e ly to create more problems than 1t solves. To begin w ith , c o o p ta tio n ists would p re d ic t th a t p o te n tia l or cu rre n t contractors are f a r more a ctiv e and organized than the re c ip ie n ts o f p u b lic services, or those who pay fo r them— the taxpayers. Thus, the inputs from the p riv a te sector about service needs, methods o f d e liv e ry , and the r e la tiv e m erits o f p riv a te vs. in-house pro visio n would be h e a vily weighted in th e ir fa vo r. In the "com petition" to land and re ta in government c o n tra cts, moreover, in d iv i­ dual agencies and firm s have every in ce n tive to employ t h e ir resources s tr a te g ic a lly w ith bureaucrats and le g is la to rs to exclude com petitors and gain p riv ile g e d , regularized roles in the con tractin g system. They may also tr y to minimize any ris k s o f com petition by cooperating among themselves. With c o n tra c tin g , in fa c t, the incentives fo r non­ com petitive p o litic s are even greater than they might otherwise be, because many o f the sup plie rs become dependent upon government contracts fo r t h e ir very s u rv iv a l. Unless they fin d a special place in the con­ tra c tin g system, they are condemned to a year-by-year in s e c u rity . 30 For th e ir p a rt, bureaucrats and le g is la to rs cannot help but see the o p p o rtu n itie s fo r developing m utually b e n e fic ia l re la tio n s h ip s w ith co n tra cto rs. L e g isla to rs have strong incentives to a s s is t those contrac­ to rs th a t have something special to o ffe r , e ith e r d ir e c tly (e .g ., p o lit ic a l support) o r in d ir e c tly (e .g ., economic advantage to a le g is la ­ tiv e d i s t r i c t ) . Bureaucrats can give contractors special considerations in s o lic ita tio n s and awards—and thereby achieve p r e d ic ta b ilit y , cooper­ a tio n , and p o lit ic a l support f o r th e ir program areas. I f desired, they can also be afforded the fu tu re o p p o rtu n itie s o f p riv a te sector employ­ ment in the very firm s o r agencies to which they once awarded contracts. This in ce n tive s tru c tu re generally means th a t, lik e the contrac­ to rs , p u b lic o f f ic ia ls w i ll p re fe r to elim in a te tru e com petition in the co n tra ctin g process. I f they can, they w i ll not design procedures th a t promote com petition, o b je c tiv it y , and fa irn e s s . And co n tra ctin g deci­ sions w ill not be characterized by o f f ic ia ls seeking to lower costs, improve service performance, and slow down government growth. They have few incentives to make these th e ir goals; they have many incentives to promote th e ir own personal goals through co n tra ctin g . Thus, 1t is not s u rp ris in g , as Smith notes, th a t federal contracts are "no longer predominantly set by com petitive bidding as in an e a r lie r and sim pler day but are now to an increasing extent negotiated between the govern­ ment and the c o n tra c to r."5 Senator Howard Metzenbaum (D-0h1o) rece ntly estimated th a t in the Department o f Defense, approximately 90 percent o f a l l contracts are not co m p e titive ly bid —even when more than one 5Bruce L. R. Smith, "A c c o u n ta b ility and Independence in the Con­ tr a c t S ta te ," in Smith and D. C. Hague, ed s., The Dilemma o f Accounta­ b i l i t y in Modem Government (New York: St. M a rtin 's Press, 1§71J. 31 responsible and responsive s u p p lie r is a v a ila b le . He claimed th a t sole source procurement has become the standard because o f frie n d s h ip between DOD o f f ic ia ls and c o n tra c to rs , as w ell as loopholes in the federal procurement laws. In his o p in io n , these con tracts have been the major cause o f waste, in e ffic ie n c y , and budget growth in DOD.® The cooptive environment in which con tracts are awarded also con­ d itio n s the review process. O ffic ia ls have few in ce n tive s to s c ru tin iz e compliance and expenditures o r to conduct meaningful evaluations o f service performance and program e ffe c tiv e n e s s . These types o f informa­ tio n are not u t iliz e d fo r most c o n tra c tin g decisions anyway, since government actors o fte n may not choose su p p lie rs p rim a rily on the basis o f these technical fa c to rs . For o th e r reasons, in e f f ic ie n t su p p lie rs can be p re fe rre d to more e f f ic ie n t and e ffe c tiv e a lte rn a tiv e s u p p lie rs . Any in c e n tiv e they have to c o lle c t and employ e va lu a tive data has less to do w ith t r u ly o b je c tiv e eva lu atio n than w ith co n stru ctin g j u s t i f i c a ­ tio n s f o r decisions th a t are made on p o lit ic a l grounds. ment o v e rsig h t does not check cooptive p o lit ic s . Thus, govern­ I t simply co n trib u te s to the broader cooptive p a tte rn . A ll o f th is suggests th a t c o n tra c tin g can be a counterproductive response to government in e ffic ie n c y and growth. C ontracting a u th o ritie s are not in te re s te d in promoting the goals o f co n tra ctin g advocates--at le a s t not in p ra c tis e in th e ir own l i t t l e bastions o f power. Nor are they concerned w ith designing and implementing com petitive procedures or thorough review methods. They are in te re s te d in m aintaining e x is tin g re la tio n s h ip s o f mutual advantage and promoting new ones. These narrow ®Metzenbaum, NBC T e le visio n in te rv ie w , Today, May 21, 1981. 32 in te re s ts are f a c ilit a t e d by more money, more programs, and resistance to any changes in funding le v e ls , service p r io r it ie s , and con tractin g methods. Conclusion Is co n tra ctin g out a via b le s o lu tio n to the re la te d problems o f government in e ffic ie n c y , in e ffe c tiv e n e s s , and growth? Contracting supporters in the p u b lic choice tr a d itio n have ge ne rally answered th is question in the a ffirm a tiv e . The two perspectives introduced in th is chapter, however, lead to a d iffe r e n t response. Taken together, the economics o f market im perfection and the p o litic s o f cooptation suggest th a t the various conditions assumed by co n tra ctin g adherents are u n lik e ­ ly to obtain in the real w orld. Consequently, the p o s itiv e expectations o f co n tra ctin g w ill not m a te ria lize e ith e r. In th is view, con tractin g could even exacerbate the already-serious problems o f government. Choosing between the two sides a t th is p o in t is d i f f i c u l t to do-and may not even be de sira ble . By themselves, each perspective may not be an accurate model o f a complex r e a lit y , both w ith in and outside co n tra ctin g systems. Each has, nonetheless, something to co n trib u te to the study o f co n tra c tin g . Each o ffe rs a d iffe r e n t way o f looking at c o n tra c tin g , based on the assumption o f c e rta in d is tin c tiv e conditions in the world. Where those conditions p re v a il, the corresponding per­ spective w i ll be most accurate in p re d ic tin g human behavior and govern­ ment outcomes. To achieve the b e n e fic ia l e ffe c ts o f c o n tra c tin g , a t le a s t three conditions appear necessary: com petition, both in the environment and in procedures; incentives fo r decision makers to value e ffic ie n c y and e ffe ctive n e ss; and an e ffe c tiv e review process fo r expenditures, performance, and outcomes. The perspectives o f market 33 im perfections and cooptation suggest the negative consequences th a t r e s u lt when these con dition s are a lte re d o r absent. What is most necessary a t th is p o in t is em p irica l research-research which examines not only the outcomes o f c o n tra c tin g , but which also addresses the co n d itio n s o f c o n tra c tin g . is research which: Of p a r tic u la r importance 1) evaluates whether the three major co n d itio n s assumed by c o n tra ctin g proponents do occur in various se rvice areas; 2) explores the fa c to rs associated w ith these key c o n d itio n s ; 3) exa­ mines the linkages between these co n d itio n s and the outcomes o f con­ tr a c tin g ; and 4) determines i f o th e r con dition s e x is t which promote the e ffic ie n c y goals o f c o n tra c tin g o r compensate f o r f a ilu r e in the condi­ tio n s . These areas o f research have not been touched on in the c o n tra c tin g lite r a t u r e . Yet they promise to allo w us to id e n tify s u ita b le and unsuitable contexts fo r u t il iz in g c o n tra c tin g , and perhaps in some cases, to transform the la t t e r in to the form er. In th is d is s e rta tio n , I attem pt to study these fo u r areas o f c o n tra c tin g , but w ith in a lim ite d s e ttin g . In th is way, I hope to c o n trib u te something to our understanding o f a very complex su b je c t, not only in terms o f how c o n tra c tin g systems work in two program areas, but also how the key con dition s (o r t h e ir absence) help o r hinder the attainm ent o f c o n tra c tin g goals. CHAPTER I I I METHODS OF RESEARCH The previous chapter has la id the groundwork fo r understanding p u b lic service co n tra ctin g from new perspectives. This chapter explains the methods used to study co n tra ctin g w ith in a more lim ite d focus. The in te n t o f th is d is s e rta tio n is n o t, f i r s t o f a l l , to " te s t” the three models fo r general accuracy o f p re d ic tio n . That is a fa r too ambitious o b je c tiv e a t th is stage o f the lite r a t u r e . Instead, the p r i­ mary purpose o f my work has been to develop the three perspectives and th e ir s p e c ific a p p lica tio n s to the study o f co n tra ctin g . Next in impor­ tance is the use o f em pirical observation to evaluate which o f the various conditions and expectations associated w ith these approaches are f u l f i l l e d in e x is tin g con tractin g systems and service areas. tio n is : The ques­ Do these perspectives and th e ir expectations have any re le ­ vance to the "re a l world"? I. Goals o f the Research Although any number o f research designs, methods, and cases could be used, three major goals guided the se le ctio n o f appropriate ways to answer th is question. F ir s t , I wish to broaden the study o f contracting to Include services which have not y e t been examined 1n depth by other scholars. Refuse c o lle c tio n e sp e c ia lly has been q u ite thoroughly studied, w ith a few other services rece iving somewhat less coverage, as in dicated in Chapter One. At th is p o in t there is a great need to go 34 35 beyond th is and expand in to new areas to determine i f con tractin g bene­ f i t s are s im ila r across a range o f services. In a d d itio n , moving in to q u a lita tiv e ly d iffe r e n t service areas may shed necessary lig h t on the a p p lic a b ility o f co n tra ctin g where measuring co sts, outputs, and out­ comes is more complex and form idable. The second goal o f th is work, which w i ll also expand research fr o n tie r s , is to focus on a d iffe r e n t le ve l o f government besides th a t o f the c it y —a u n it which has been the s ite o f most em pirical treatments. Other governments, in clu d in g sta te s, counties, and regions, provide many services to consum er/citizens through co n tra cts. They o ffe r a d d itio n a l se ttin g s in which to study purchased services, w ith some in te re s tin g intergovernmental and bureaucratic features not found in most o f the municipal stud ies. The th ir d goal o f th is research is to consider not only the fin a n ­ c ia l costs o f co n tra ctin g o u t, but also oth e r s ig n ific a n t costs and be ne fits associated w ith the p ra ctice and it s procedures. Although lower cost has been one o f the major s e llin g points o f co n tra ctin g pro­ ponents, other fa cto rs should be included in any thorough an alysis. In actual p u b lic decision making, cost is only one o f several c r it e r ia used by ad m inistrators and p o litic ia n s to evaluate the u t i l i t y o f any given change. Some o f the a d d itio n a l considerations are suggested by the three approaches and t h e ir expectations; others w i ll be uncovered 1n the research e n te rp rise . While achieving a ll three o f the goals completely in th is d isse r­ ta tio n is not po ssible, a t le a s t I hope to make a unique c o n trib u tio n to the lite r a t u r e —not only In the th e o re tic a l presentation, but also in the research choices and re s u lts . Consequently, the analysis o f the 36 fin d in g s w i ll lead to the s p e c ific a tio n o f some o f the con dition s under which each perspective could be expected to operate, as w ell as those con dition s under which c o n tra c tin g might be considered a v ia b le p u b lic management a lte rn a tiv e to tr a d itio n a l modes o f bureaucratic service d e li­ very. My o v e rrid in g in te re s t as a p o lit ic a l s c ie n tis t is not so much in any p a r tic u la r case o r service but in the comparative study o f d iffe r e n t cases and services to produce e ve n tu a lly some g e n e ra liza tio n s and recommendations fo r p u b lic decisionmakers as w ell as academicians. II. Case S election With the above goals in mind, I chose to study s ta te le v e l pro­ grams in the areas o f human se rvice s. The lit e r a t u r e o f p u b lic adminis­ tr a tio n and p o lit ic a l science has la rg e ly ignored the many diverse types o f human se rvice s, and th is has extended to the c o n tra c tin g works as w e ll.* Yet the human services comprise a growing and complex segment o f government a c t iv it y th a t requires rigorous examination by p o lit ic a l s c ie n tis ts . Since many programs 1n th is large p o lic y area are adminis­ tered from the s ta te and county le v e ls o f government, the s e le c tio n o f a s it e n a tu ra lly follow ed from the choice o f services. The s e le c tio n o f the s ta te o f Michigan as the s ite o f research was less a th e o re tic a l choice than a p ra c tic a l one, considering the propin­ q u ity o f the s ta te government to ny residence. A ra tio n a le can be con­ s tru c te d fo r studying services in Michigan, however. In many respects, Michigan is a "progressive" s ta te , p a r tic u la r ly in it s w illin g n e s s to consider innovations in procedures and p o lic ie s . I t has seen a rapid *A noteworthy exception is Martha D e rth ick, U n con tro lla ble Spend­ ing fo r Social Services Grants (Washington, D.C.: Brookings, 1975). 37 growth in sta te services in the la s t decades, w ith much o f th is occur­ rin g in human services. Only re ce n tly has the s ta te government been plunged in to such a downturn due to the s ta te 's economic depression that i t has been forced to reconsider some o f it s e a r lie r choices to provide generously fo r many d iffe r e n t human needs. Generally the s ta te govern­ ment and it s employees are viewed by c itiz e n s and scholars as honest, responsive, and capable, e s p e c ia lly as compared w ith some o f the neigh­ boring governments. Michigan s ta te government is an in te re s tin g place to study human service c o n tra c tin g , since a wide range o f services are provided, many by outside s u p p lie rs ; ad m in istrators are q u ite profes­ sional about th e ir work; and c u rre n tly government is c a re fu lly s c r u tin iz ­ ing what i t does, how, and why. As a re s u lt, interviewees were found to be generally in s ig h tfu l, in t e llig e n t , and c r it ic a l o f the system. Michigan may no t, th e re fo re , be considered a ty p ic a l s ta te ; y e t i t can be viewed as a good choice to study simply because i t is a large and im portant sta te . s ta te . Human services a ffe c t many c itiz e n s throughout the The systems o f co n tra ctin g are usually complex. And Michigan and it s o f f ic ia ls are ofte n seen as leaders in th e ir p o lic y areas— in p o s itio n s to influence the spread to innovations to other sta te s. The only claim fo r g e n e ra liz a b ility o f Michigan to oth er states derives from the fa c t th a t the programs chosen fo r study are la rg e ly funded by feder­ al monies, and th e re fo re , are subject to s p e c ific federal rules and re g u la tio n s , as are a ll oth er states receiving funds under these pro­ grams. In most sta te and community governments, not a ll desired goods and services are made o r performed by p u b lic employees o f the p a rtic u la r agency responsible fo r p ro v is io n . Many goods and some services are 38 purchased from o th e r sources. An understanding o f these areas o f p u b lic procurement is o fte n hampered by term inology and a lack o f contextual in fo rm a tio n . Therefore, what fo llo w s is a b r ie f explanation o f the o u tlin e s o f p u b lic purchase a t the s ta te le v e l, w ith some a p p lic a tio n to both lo c a l and federal procurement. With these c la s s ific a tio n s , the reader should be able to understand b e tte r the uniqueness o f c o n tra ctin g out in human services. At le a s t seven major types o f purchases take place 1n s ta te govern­ ment. 1) They are as fo llo w s , w ith appropriate examples from Michigan: Goods—e .g ., food, o ffic e equipment, cars --in c lu d e s purchase fo r government use and f o r s p e c ifie d pu blics 2) Professional services—e . g . , a rc h ite c ts , management co n su lta n ts, program evaluators — f o r government use 3) Maintenance se rvice s—e . g . , p a in te rs , ja n ito r s , fum igators — fo r s ta te b u ild in g s and property 4) C o n s tru c tio n --e .g ., highways, p u b lic b u ild in g s , half-w ay houses - - f o r government and p u b lic use 5) Personal services f o r clie n ts/p ro g ra m re c ip ie n ts —e . g . , day care, chore se rvice s, fo s te r care f o r c h ild re n 6) P a rt-tim e medical services—e . g . , ph ysician s, speech th e ra p is ts , psychologists — fo r c lie n ts , program re c ip ie n ts , convicts 7) Programmatic services—e . g . , employment and tr a in in g , money manage­ ment, p ro te c tiv e services — f o r clie n ts/p ro g ra m re c ip ie n ts 39 In Michigan, the la s t three types o f services are provided to c lie n ts in what is g e n e ra lly termed the "human s e rv ic e s ." prim ary types o f outside agents are used: W ithin th is area, fiv e 1) o th e r s ta te agencies and departments; 2) lo cal p u b lic agencies, such as lo c a l school d is t r ic t s , c it y and county departments, regional agencies; 3) n o n -p ro fit p riv a te agencies; 4) p ro p rie ta ry (p ro fit-s e e k in g ) p riv a te agencies; and 4) in d iv id u a ls . The legal arrangements by which services are purchased and paid fo r are complex a t any le ve l o f government. The term inology varies from place to place, but in Michigan, two major methods are used: 1) agree­ ments, in which the c lie n t (s e rv ic e user) and approved o r licensed pro­ v id e r work out d e ta ils o f service d e liv e ry , and e ith e r the c lie n t pays the p ro vid e r w ith funds supplied by the government u n it, o r the government d ir e c tly reimburses the p ro vid e r ( e .g ., day care, home chore s e rv ic e s ); and 2) c o n tra c ts , in which the government chooses the p ro v i­ der and draws up a s p e c ific document o u tlin in g it s requirements— type o f s e rv ic e , number o f u n its to be d e liv e re d , bookkeeping system, e tc . In some instances, the p ro vid e r in turn sub-contracts fo r actual d e liv e ry o f some o r a l l services to program re c ip ie n ts w ith o th e r agencies or in d iv id u a ls . Both o f these types o f agreements and con tracts should be d is t in ­ guished from g ra n ts-in -a 1 d 1n which most governments are Involved. These terms have been d i f f i c u l t to exp la in p re c is e ly , even though they were re c e n tly defined by the Federal Grant and Cooperative Agreement Act o f 1977 (P .L. 95-224). U nlike 1n the p u b lic purchase o f goods and se rv ic e s , in grants the re c ip ie n ts o f the funds— governments, u n iv e rs i­ tie s , n o n -p ro fit agencies—de fine what they w i l l do w ith the money, 40 w ith in the given guid eline s. Thus, grants are a form o f assistance fo r u n its engaged in a c t iv itie s judged w orthw hile by the gra nto r. The grantee is not usually bound to a s p e c ific output o f goods, tasks, or services by the source o f the funds, as are con tractors. In th is d is s e rta tio n , the focus w i ll be on human service contracts which sta te government makes w ith p riv a te agencies. Contracting out often takes place between two p u b lic agencies, but because o f the theore­ tic a l perspectives developed in the previous chapters—i . e . , p u b lic p riv a te re la tio n s h ip s —my a tte n tio n has been drawn to the p riv a te sector s u p p lie rs , p a r tic u la r ly the n o n -p ro fit agencies, since p ro p rie ta ry firm s in a c tu a lity d e liv e r few services to c lie n ts fo r the government. Speci­ f i c programs w ith in two human service departments were chosen fo r in depth examination. These programs o ffe r a v a rie ty o f services w ith in two d iffe r e n t departmental environments, and, as a r e s u lt, have d i f f e r ­ ing procedures governing the co n tra ctin g process. Because o f th is work's attem pt to suggest ge ne ralizatio ns about c o n tra c tin g , some v a rie ty in the cases, se rvice s, and procedures is v it a l. A. The Department o f Social Services (D.S.S.) DSS aid to the poor and near-poor may be put in to three categories —cash assistance (AFDC, d ir e c t r e l i e f ) , in -k in d payments fo r goods and services (Medicaid, food stamps, subsidized housing), and social ser­ vices. Of these, not Inclu ding a d m in istra tive overhead, social services u su ally make up less than ten percent o f the to ta l Michigan DSS expendi­ ture s. And a ll purchased services from p riv a te sup plie rs have been approxim ately 50 percent o f th a t amount. Despite the r e la tiv e ly small amounts o f money involved, purchased so cia l services have been a 41 p o lit ic a lly and progranm atically im portant p a rt o f w elfare e ffo r ts at a ll le ve ls o f government. Most o f the social service programs 1n D.S.S. are funded through T it le XX o f the federal Social S ecurity Act signed in to law in 1975 (P.L. 93-647), replacing e a r lie r , somewhat s im ila r , t i t l e s . T it le XX authorizes funding under a matching formula o f 75 percent federal and 25 percent s ta te fo r social services programs to low-income In d iv id u a ls and fa m ilie s fo r the primary purpose o f reducing dependency. Since the la te S ix tie s several o f the approximately 15 general services w ith in e ig h t programs have been purchased from outside agencies and in d iv id u a ls under e ith e r agreements o r contracts. financed in two d iffe r e n t ways: Purchased services may be 1) s tra ig h t purchase, in which DSS pays providers w ith federal and sta te (appropriated to DSS) funds, and 2) donated funds purchase, in which p u b lic o r p riv a te donations are made to DSS fo r one o f the services and are used as the match fo r the federal funds. Donated funds may come from oth er sta te and lo cal p u b lic agen­ c ie s , and n o n -p ro fit and p ro p rie ta ry p riv a te agencies. This method is more fre q u e n tly employed fo r contracted services, and th e re fo re , w ill be examined more clo se ly. Although DSS has been purchasing services from various sources fo r several decades, during the e a rly Seventies DSS co n tra ctin g increased d ra m a tica lly. C e rta in ly the expansion o f the w elfare caseload and the s ta te o f the Michigan econoiqy have contributed to the growth; but proba­ b ly more im portant was the a v a ila b ilit y o f open-ended federal funds. long as money was put up by the s ta te s , the federal government had to As 42 match almost any type o f service a t the 75 percent le v e l. 2 The incen­ tiv e s fo r ra p id expansion o f sta te social services to receive such large amounts o f federal monies meant th a t purchase was promoted, since i t was the quickest way to increase federal p a r tic ip a tio n . A "cap" was placed on the federal matching funds in 1972, but Michigan’ s DSS was not s e rio u s ly a ffe cte d u n t il the 1975-76 fis c a l yea r, w ith the passage o f a more s trin g e n t T it le XX, the Implementation o f HEW re g u la tio n s , and the expenditures meeting M ichigan's fix e d li m it on federal funds. The major development in the Michigan DSS since then has been the d e c e n tra liz a tio n o f co n tra ct decisionmaking to the county departments o f social services. In the S ix tie s and e a rly Seventies the trend had been toward gre ate r control by the sta te DSS to promote gre ate r u n ifo rm ity in services. This was reversed in the la te Seventies. Instead o f the s ta te program o ffic e s being in charge o f co n tra ctin g fo r a ll areas in the s ta te , the counties began to regain more re s p o n s ib ility f o r assess­ ing needs, deciding which services to purchase, se le ctin g co n tra cto rs , and w ritin g up the con tracts. As a r e s u lt, the changing re la tio n s h ip between the s ta te and county departments (as w ell as those between sta te and fe d e ra l) emerged as y e t another va ria b le in th is study. Because o f the complexity o f the many programs and services pro­ vided by M ichigan's DSS, I decided to examine contracted services in three major areas—the Basic A d u lt, Family, and Community programs. This elim inates c h ild , delinquent, and p ro te c tiv e services which are not as fre q u e n tly provided by purchase o f service under contracts and donated funds. 2 on HEW. See D erthick fo r the federal p o lit ic a l background and the e ffe c t 43 B. The Department o f Labor (D .O .L.) The c o n tra c tin g procedures in DOL o f f e r a necessary c o n tra s t to those in DSS» even though several im portant s im ila r itie s e x is t. I chose to study one programmatic area w ith in DOL in the Bureau o f Employment and T ra in in g (BET). Under the revised federal Comprehensive Employment and T rain in g Act o f 1978 (CETA), two special s ta te governor's and grant programs were established in T itle s I I and IV. Even though these grants are separate from those provided d ir e c t ly to lo c a l (u s u a lly county-based in Michigan) prime sponsors o f CETA programs from the fed era l DOL, many s ta te contracts are made w ith the prime sponsors to d e liv e r o r sub­ c o n tra c t f o r c e rta in services. In a d d itio n , the p riv a te secto r is designed to be an in te g ra l p a rt o f the CETA programs a t a ll le v e ls in both planning and d e liv e rin g se rvice s. governor's grants are c le a r. The p o lit ic a l reasons fo r the In the S ix tie s and e a rly Seventies, many governors resented the federal government bypassing the sta te s to o ffe r assistance to lo c a l governments and s p e c ia lly -c re a te d org an iza tion s in many p o lic y areas. As a re s u lt o f the N ational Governors' Conference's Congressional lobbying e f f o r t s , the states received grants fo r CETA programs through which they could more re a d ily coordinate employment p o lic ie s and se rvice s. Although the programs in DSS and DOL are both la rg e ly fe d e ra lly funded w ith the purpose o f helping people to change or cope w ith th e ir circum stances, the o rg a n iza tio n a l environments, c o n tra c tin g procedures, and department goals m anifest some in te re s tin g d iffe re n c e s . In addi­ tio n , the procedures fo r the two t i t l e s ' con tracts d i f f e r in c e rta in key respects. Probably one o f the most s a lie n t d iffe re n ce s between the two departments is th a t BET con tracts are a ll negotiated a t the s ta te , 44 ra th e r than county, le v e l. State o f f ic ia ls have placed a three-year l i m it on most co n tra c ts , since many are fo r demonstration purposes. in BET, donations are not required f o r most c o n tra cts. And Under the T it le IV youth g ra n ts, however, co n tra cto rs must match some o f the to ta l amount in the second and th ir d years o f the c o n tra c t. While a ll o f these CETA funds are a llo ca te d among the states by use o f a formula not re q u irin g a match, M ichigan's BET has decided to re q u ire an Increasing match to encourage the co n tin u a tio n o f successful p ro je c ts w ith lo ca l funds and support. III. Methods o f Study Three major types o f methods were employed in studying the selected DSS and DOL programs. lowing order: These were conducted roughly in the f o l ­ 1) p re lim in a ry in te rvie w s w ith o f f ic ia ls in fo u r sta te departments, 2) a study o f p e rtin e n t governmental documents, and 3) a series o f in-depth in te rvie w s. The f i r s t wave o f In te rv ie w in g established the "la y o f the la n d "-the e xte n t and character o f s ta te c o n tra c tin g , sta te and federal laws and reg ulatio ns governing the process, major problem areas, d iffe re n ce s among the various departments, the types o f purchased se rvice s. To get th is in fo rm a tio n , I interview ed about twenty s ta te o f f ic ia ls e ith e r in fa c e -to -fa c e s e ttin g s o r over the telephone in a very open-ended form at. These o f f ic ia ls also assisted me 1n the second phase o f research by pro vid ing me w ith many documents p e rta in in g to both c o n tra c tin g and the programs under in v e s tig a tio n . Of p a r tic u la r In te re s t was a le g is la tiv e evaluation study o f DSS c o n tra c tin g , 3 and the cu rre n t annual plans f o r House Fiscal Agency, Purchasing Social Services Under T it le XX in Michigan (1976), pp. 4-5. 45 T it le XX (DSS)^ and the Governor's special employment and tra in in g grants The th ir d research phase Involved 1n-depth Interview s w ith two types o f In d iv id u a ls —sta te (and 1n the case o f DSS, lo c a l) contracting o f f ic ia ls and p riv a te con tractors o r service providers. The choice o f the standardized in te rvie w schedule as the major approach to gathering data was la rg e ly determined by the th e o re tic a l and substantive goals o f the e n te rp rise and the lack o f releva nt and a va ila b le Inform ation by other means. A primary research goal is to explore the wide v a rie ty o f advan­ tages and disadvantages associated w ith co n tra ctin g in order to evaluate whether the th e o re tic a l approaches have any a p p lic a tio n in r e a lity . Some cost and performance data could have been compiled from department sources, but it s r e l i a b i l i t y and completeness would have been questionC able. Even 1 f a va ila b le and r e la tiv e ly complete, these data would not have answered my questions about the procedures and conditions o f con­ tra c tin g —an im portant p a rt o f evaluating the extent o f com petition and the o ve rsig ht ro le o f government. Nor would they have uncovered the c r it e r ia used fo r choosing outside supply over in-house provision or fo r s e le c tin g among prospective co n tra cto rs. In s h o rt, the in te rvie w ^ T itle XX A dm inistra tion D iv is io n , DSS, Michigan Annual T it le XX Services Plan 1979-1980 (1979). ^Michigan DOL, Bureau o f Employment and T ra in in g , Annual Plan fo r Special Grants to Governors, Comprehensive Employment and tra in in g Act (1360]'. 6The time period o f study was marked by what I perceived as an unusual amount o f paranoia by p u b lic o f f ic ia ls , probably because o f threatened cutbacks in personnel and funding. I t was d i f f i c u l t to get any s p e c ific data about cost and performance th a t could have been used against programs o r o f f ic ia ls . 46 approach produces a ric h supply o f inform ation th a t not only meets the research requirements o f the th e o re tic a l perspectives but also suggests hypotheses th a t could be tested elsewhere. In th is study the Interview schedule also o ffe rs d is tin c t advan­ tages over the questionnaire. A seasoned p o lit ic a l researcher, Lewis Anthony Dexter, argues th a t the in te rvie w method is e sp e cia lly appro­ p ria te when try in g to obtain complete inform ation from e l it e or sp e cia l­ ized in d iv id u a ls —p a r tic u la r ly where the researcher is not c e rta in o f a ll the dimensions o f the s u b je c t.7 In a d d itio n , according to other experts, the in te rv ie w format allows the in te rv ie w e r the oppo rtunity to control the a d m in istra tio n s e ttin g , co in te rp re t complex questions c o rre c tly fo r the interview ee, to prod fo r fu rth e r c la r if ic a t io n or examples, to eval­ uate the v a lid it y o f the in fo rm a tio n , and to ensure th a t the interviewee Q considers the questions s e rio u s ly . The re s u lt is more re le va n t, accur­ a te , and w h o lis tic inform ation than th a t obtained through a question­ n a ire . The major weakness o f th is data-gathering method is the in te rv ie w ­ e r. Herbert Hyman points out several p o te n tia l sources o f b ia s --1 n te r- vlew er's p o lit ic a l o rie n ta tio n , h is /h e r b e lie fs about the true opinions o f the population, the respondent's b e lie fs about the in te rv ie w e r's " re a l" in te n tio n s , d iff e r e n tia l e ffe c ts due to personal in te ra c tio n s , system atic e ffe c ts o f group membership d is p a ritie s between in te rvie w e r and respondent ( e .g ., race, sex, age), s itu a tio n a l determinants o f 7Dexter, E lite and Specialized Interview ing (Evanston, 111.: Northwestern U n ive rsity Press, 19>d). Q Raymond L. Gorden, In te rv ie w in g --S tra te g y , Techniques, and Tactic s (Homewood, 111.: Dorsey Press, 1969), pp7 52-54. 47 in te rv ie w e r e ffe c t ( e .g ., sponsorship, anonymity). In a d d itio n , the in te rvie w e r can make many e rro rs in asking, probing, and recording. g Because o f the re s u lts o f the interview s in most cases are only as good as the in te rv ie w e r and the In te rvie w schedule, p a rtic u la r a tte n tio n was paid to developing a standardized schedule and standardized in te rvie w s ty le to reduce in te rvie w e r v a ria tio n s . I conducted a ll interview s m yself w ith a p re -te sted in te rvie w schedule th a t used the terminology fa m ilia r to a ll respondents. (Appendices A, B, and C) Because o f pre­ pared m u ltip le a lte rn a tiv e s and the complexity o f some questions, the interviewees were asked to fo llo w the questions on th e ir copy o f the schedule w h ile I recorded t h e ir answers on a separate copy. I f the use o f a prepared schedule did not e lim in a te a ll possible biases due to my expectations o f the interview ees' opinions, a t le a s t the schedule reduced p o s s ib ilitie s fo r d iffe r e n tia l e rro rs in asking, probing, and recording responses. Other biases lis te d by Hyman were also minimized. In s e ttin g up the in te rvie w appointment and beginning the in te rv ie w , I always stressed th a t I was working on an independent d is s e rta tio n p ro je c t about contract­ ing fo r services in p u b lic a d m in istra tio n — th a t my only purpose was to f u l f i l l requirements fo r the Ph.D. I re fe rre d to my student status and my lack o f department experience in oth e r contexts a t le ast once during each in te rv ie w to dispel any notions about u lt e r io r motives o r a f f i l i a ­ tio n s . The need fo r th is approach was fre q u e n tly made obvious by ques­ tio n s about my use o f inform ation th a t was not complimentary about interview ees' u n its , other bureaucrats, o r p o litic ia n s . (Past exposes g Herbert H. Hyman, Interview ing in Social Research (Chicago, 111.: U n iv e rs ity o f Chicago Press, 1954, 1975), pp. 150-192. 48 o f DSS a c t iv it ie s , in p a r tic u la r, explained th is i n i t i a l caution by DSS respondents.) I explained to both s ta te o f f ic ia ls and contractors that I had received approval fo r the research p ro je c t from department author­ it ie s , but th a t th e ir answers were c o n fid e n tia l. Interviewees were pro­ mised th a t n e ith e r th e ir id e n titie s , p o s itio n s , and organizations would be reported to oth e r o f f ic ia ls or in my d is s e rta tio n i t s e l f . With only fo u r exceptions, I considered th a t I was successful in achieving good, tru s tin g re la tio n s h ip s w ith interview ees. (And those who did not respond w ell were generally cooperative in answering the questions.) h e lp fu l. Almost a ll o f the respondents were very fr ie n d ly , open, and The customary approach to b u ild in g rapport was to show in te r ­ est in the In d iv id u a l's own p o s itio n (o r agency), to avoid expressing disapproval o f in te rvie w ee 's statements, and g e ne rally to be sympathetic to the respondents' views and problems. (The usual technique in DSS was to acknowledge t h e ir budgetary problems and the th re a t o f the Tisch tax cut proposal.) In a d d itio n , I do not believe th a t interpersonal b a r r i­ ers were erected because o f my race, sex, o r age. In fa c t, my you thful appearance, sex, and status as a student probably aided in d is p e llin g d is tr u s t or suspicion. To prevent biasing the re s u lts , I did not commu­ nicate anything about the th e o re tic a l perspectives, th e ir expectations, or my working hypotheses on c o n tra c tin g , even though I was often asked what my personal o rie n ta tio n to the subject was. The content o f the in te rv ie w schedule was also im portant in esta­ b lis h in g c r e d ib ilit y and rapport w ith interviewees. The format and questions were based on the i n i t i a l interview s and p re -te s ts w ith p u b lic o f f i c i a l s , as w ell as my own background knowledge. As a re s u lt, 49 g e ne rally l i t t l e d i f f i c u l t y was experienced in the respondents under­ standing and answering the questions. The in te rv ie w schedule was designed to examine the procedures o f co n tra c tin g and the viewpoints o f those most Involved in the p ro c e s s s ta te and county o f f ic ia ls and c o n tra c to rs . This in fo rm a tio n is c ru c ia l in eva lu atin g the th e o re tic a l perspectives and accomplishing the research goal o f in clu d in g the s ig n ific a n t advantages and disadvantages associ­ ated w ith human service c o n tra c tin g . p a rts , in the fo llo w in g ord er: The schedule i t s e l f has three 1) personal background questions ( e .g ., education, pervious p o s itio n s ); 2) questions about the process o f con­ tr a c tin g (from s o lic it a t io n procedures to p ro te s ts ); and 3) opinion and a ttitu d e questions ( e .g ., problems in th e ir work, c o n tra c tin g in general. A v a rie ty o f question formats are u t iliz e d , in clu d in g open-ended ques­ tio n s , fix e d -a lte rn a tiv e s w ith probes, and graphic ra tin g scales. Lewis Dexter has stated th a t biases in wording and su b je ct acquiescence are less o f a problem in in te rv ie w in g e lite s than in most p u b lic opinion su r­ veying; nonetheless, a tte n tio n was paid to developing questions and fix e d a lte rn a tiv e s th a t minimized these p ro b le m s .^ Many o f the ques­ tio n s also are open-ended o r include probes th a t allowed the Interviewee to explain o r re s ta te an answer. While i t was Im portant to e s ta b lis h my c r e d ib ilit y and In te re s t 1n the s u b je c t, i t was ju s t as necessary to make c le a r to the respondents th a t I was open to being "ta u g h t" about how c o n tra ctin g r e a lly is , in t h e ir own words. Three d iffe r e n t in te rv ie w schedules were used w ith three d iffe r e n t groups in both the Departments o f Labor and Social Services. ^ D e x te r, pp. 5-24. The main 50 schedule, which included a ll three sections o f questions, was adminis­ tered to the major s ta te and county o f f ic ia ls in the departments (Appen­ d ix A). These in te rvie w s la ste d from 90 minutes to th re e -a n d -a -h a lf hours, depending on the respondent's ta lk a tiv e n e s s . Because th is time commitment could not be obtained f o r le sse r o f f i c i a l s , I conducted some 45 and 60 minutes in te rvie w s using a shortened form (Appendix B). Most o f the more o b je c tiv e procedural questions were o m itte d , since the in fo r ­ mation could be c o lle c te d from o th e r respondents. The sections on per­ sonal background and o p in io n s, however, were re ta in e d . Such questions can illu m in a te d iffe re n ce s and s im ila r it ie s among the various types o f c o n tra c tin g o f f ic ia ls . A th ir d in te rv ie w schedule was developed fo r service providers (Appendix C). Where p o ssib le , the same questions were incorporated o r s lig h t ly reworded to provide p o in ts o f comparison between the p u b lic o f f ic ia ls and the con tractors they deal w ith on a con tinu in g basis. Several procedural questions were also used to check the answers o f the p u b lic o f f i c i a l s — to determine i f co n tra cto rs a c tu a lly observed some re g u la tio n s put in to p ra c tic e in the form the bureaucrats said they were. In a d d itio n , some questions were designed s p e c ific a lly fo r the contrac­ to rs . These in te rvie w s took between one and two hours to conduct. The s e le c tio n o f interview ees was the next p re -in te rv ie w step 1n the research. In the p re lim in a ry In te rv ie w s , I requested and received the names o f the major sta te o f f ic ia ls working in the re le va n t program­ m atic and c o n tra c tin g areas. In both DSS and DOL, most o f these o f f i ­ c ia ls were selected fo r Interview s (fo u r each from DSS and DOL), plus about 20 percent o f the co n tra c t s p e c ia lis ts , whose names were provided by t h e ir supervisors during in te rvie w s (two from each department). In 51 DSS, the s e le c tio n process was complicated by the s ig n ific a n t ro le o f the counties in c o n tra c tin g . To ensure th a t county perspectives were included, I chose to in te rv ie w seven c o n tra c t supervisors in counties where p riv a te co n tra cto rs are used to d e liv e r se rvice s. Of the 83 coun­ t ie s , on ly some co n tra c t f o r a d u lt, community, o r fa m ily se rvice s, and only about s ix employ someone f u ll- t im e to coordinate these a c t iv it ie s . As a r e s u lt, only the la rg e r, c o n tra c tin g counties were included in the sample. P riv a te service co n tra cto rs were also selected fo r in te rvie w s on a non-random basis. A l i s t o f cu rre n t contracts and providers was obtained from almost a l l the DSS and DOL sta te and county o f f ic ia ls dur­ ing th e ir in te rv ie w s . I u su a lly selected agencies from these l i s t s and to ld the p u b lic o f f ic ia ls courtesy. I wanted to in te rv ie w them, as a m atter o f I also asked o f f ic ia ls f o r the names o f o th e r con tractors who e ith e r had not had t h e ir con tracts renewed o r had never been successful in g e ttin g a desired s ta te c o n tra c t. {The l i s t o f these agencies in DSS was ra th e r s h o rt, and only a couple o f them would gra n t me an in te rvie w .) The purpose o f th is was to o b ta in the views o f past o r p o te n tia l con­ tra c to rs as w ell as the cu rre n t ones. The re s u ltin g c o n tra c to r sample w ith ten providers associated w ith each department may not have been rep re se n ta tive o f the p o p u la tio n , since they were not a c tu a lly randomly selected. However, I did attem pt to get some v a rie ty in the types o f s e rv ic e s , the ta rg e t groups, and the lo c a tio n o f the agencies. In con tactin g p u b lic o f f ic ia ls and co n tra cto rs f o r in te rv ie w s , I met w ith moderate success. B ureaucratic run-around, delay, and mistakes were fre q u e n tly e vid e n t, but u su a lly I was granted an in te rv ie w w ith the desired in d iv id u a l. Having the approval o f the eva lu a tio n d iv is io n head 52 in DSS and BET's deputy d ire c to rs helped to open doors, tus as a graduate student (ra th e r as did my sta ­ than a jo u r n a lis t, fo r example). But I was unable to ta lk to a ll the people I had wanted to because o f department-imposed lim its on the numbers. For example, In DSS and DOL I had asked fo r more program and co n tra ct s p e c ia lis ts than I was f in a lly allowed to in te rv ie w .** IV. Data Analysis One o f the obvious problems w ith th is research plan is the lack of random sampling. The choice o f respondents was determined by th e ir a va ila b le tim e, departmental approval, and my own c r it e r ia fo r services and service providers. What may allow me to claim some rep rese ntative­ ness in analyzing the chosen programs is th a t such large percentages o f the population were usu ally interview ed. The lack o f a large o r random county sample in DSS was d ic ta te d by the fa c t th a t only some counties co n tra ct out w ith p riv a te sources fo r many services. As a re s u lt, those county c o n tra ct supervisors interview ed are a c tu a lly a sample o f a lim ite d population o f co n tra ctin g counties. 12 An a d d itio n a l d i f f ic u lt y was encountered in choosing appropriate research and s t a t is t ic a l methods as w ell as the size o f the sample. u n it o f analysis under examination is not e n tir e ly c le a r. The Is 1t the in d iv id u a l respondent, the c o n tra c t, the program, the se rvice , o r the * * P a rtly th is was due to the workload o f the bureaucrats, and p a rtly because they did not believe th a t I needed to ta lk to so many people to get the inform ation they thought I wanted. 12 I lim ite d my Interview s to counties w ith a t le a s t two relevant contracts. I included three o f the fo u r la rg e s t counties in the sample because they had so many more contracts. However, two sm aller counties w ith only two o r three contracts were included. 53 department? Very l i t t l e q u a n tita tiv e research has been done in s im ila r areas, probably in p a rt because o f th is issue. A re la te d problem in th is type o f research is th a t a ll in d iv id u a ls cannot be analyzed equally regarding more o b je c tiv e procedures, because o f d iffe r e n t le ve ls o f knowledge about c o n tra c tin g . In both respects, then, employing quan- t ia t iv e methods to add up, compare, and analyze responses w i l l not pro­ duce a thorough, in-depth analysis o f c o n tra c tin g out. In some respects, two d iffe r e n t areas are being examined here— f i r s t , the more o b je c tiv e procedures o f c o n tra c tin g , in which the depart­ ment (county o r s ta te le v e l) is the u n it o f a n a ly s is ; and, second, the backgrounds and viewpoints o f the various c o n tra c tin g a c to rs , in which the in d iv id u a l is the u n it o f a n a lysis. Consequently, the fo llo w in g analysis o f the two departments w i l l have both q u a lita tiv e and q u a n tita ­ tiv e aspects. Q u a lita tiv e approaches w i ll be used in review ing the methods and process o f c o n tra c tin g , w h ile some re p o rtin g o f frequencies and percentages w i l l be employed in examining respondents' backgrounds and view points. Because o f the e x p lo ra to ry nature o f th is research, these methods appear to be most ap pro p ria te . Most o f the problems o f using the in te rv ie w schedule have already been discussed, and minimized. One a d d itio n a l problem which w i l l a ffe c t the a n alysis o f the data is th a t the schedule is only a means f o r g e t­ tin g in fo rm a tio n and opinions th a t respondents are w illin g to express. Even though the in te rvie w s were g e n e ra lly relaxed and allowed fo r follow -ups and prodding, i t was not always c e rta in th a t the interviewees were showing the negative aspects o f c o n tra c tin g 1n proper perspective w ith the good. Some In d iv id u a ls were f a r less c r it ic a l than others were o f the same program, o f f i c i a l s , and procedures. Whether th is was due to 54 a desire to hide th e ir true b e lie fs o r merely because o f in d iv id u a l d iffe re n ce s is d i f f i c u l t to determine p re c is e ly . Part o f the d i f f i c u l t y arises from the two purposes o f using the in te rv ie w schedule— f i r s t , to d e fine the actual procedures, in which o v e ra ll accuracy is necessary; and second, to discover the opinions and views o f the co n tra ctin g a c to rs , in which in d iv id u a l accuracy is req uired . In the f i r s t , I used oth er interview ees and documents to check on the procedures, but I could not do th a t f o r the opinion sec­ tio n , fo r obvious reasons. During the in te rv ie w s , I t r ie d not to pro­ vide any reasons f o r respondents to d is t o r t th e ir responses. As w ith most questionnaires and in te rv ie w s , I must assume th a t g e ne rally the respondents were tr u th fu l 1n t h e ir answers. In conclusion, i t must be emphasized th a t th is research is an e a rly e f f o r t to define some o f the major issues and problems o f human service c o n tra c tin g , w ith in the general framework developed 1n chapter two. The precise frequency le v e ls are less im portant than is the correspondence between the concepts and expectations o f the th e o re tic a l approaches and the research fin d in g s o f the next chapters. CHAPTER IV CONTRACTING OUT UNDER TITLE XX IN THE MICHIGAN DEPARTMENT OF SOCIAL SERVICES This chapter focuses on the Department o f Social S ervices' A d u lt, Family, and Community programs in which a v a rie ty o f services are pur­ chased by co n tra c t from p riv a te agencies. We w i ll examine the programs in DSS in lig h t o f the assumed co n d itio n s and p o s itiv e expectations about c o n tra ctin g out th a t are held by p u b lic choice proponents o f th is method o f service d e liv e ry . In p a r tic u la r , we w i ll focus on determ ining the e x te n t o f com petition in the so cia l services environment, and in the procedures u t iliz e d by c o n tra c tin g o f f ic ia ls ; the ro le o f DSS in moni­ to rin g and eva lu atin g co n tra c to rs ; and economic r a t io n a lit y in govern­ ment decisions about c o n tra c tin g . to answer the question; More in d ir e c t ly , we w i l l also attem pt Does c o n tra c tin g seem to achieve the p o s itiv e re s u lts envisioned by i t s advocates? I* Interview ee S election Three d iffe r e n t types o f in d iv id u a ls were used as in fo rm a tio n and opinion sources fo r th is study o f DSS c o n tra c tin g : s ta te DSS o f f ic ia ls , county c o n tra c tin g o f f i c i a l s , and c o n tra c to r re p re s e n ta tiv e s .* F ir s t , *These 23 in te rvie w s were conducted during the months o f J u ly , August, September, and October o f 1980. This long period was necessary because o f the heavy workloads o f p a rtic ip a n ts , vaca tion s, a budget c r is is , and c o n tra ct n e g o tia tio n s. 55 56 at the sta te le v e l, s ix DSS employees were interviewed by means o f in te r ­ view schedules— two in programmatic areas (A d u lt, Family, and Community Services) and fo u r 1n co n tra ct management. (Three o f these were admin­ is te re d w ith the fu ll- le n g th form, w h ile the others were done w ith the sh o rt form .) A mix o f supervisors and s p e c ia lis ts were interview ed. The second category o f respondents, a ll given the long form, was made up o f seven social services o r con tract coordinators in county Departments o f Social Services. I chose to in te rvie w co n tra ct coordinators 1n three o f the fo u r most populous counties in the s ta te , w ith the remainder from medium-sized counties th a t also co n tra ct out fo r some services 1n the selected programs. (Most o f the other 76 counties in Michigan do not co n tra ct w ith p riv a te agencies fo r these targeted programs and services, although some may purchase c h ild , delinquent, or p ro te c tiv e services more fre q u e n tly by th is means. T heir caseloads are u su a lly sm aller and they have few lo cal p riv a te agencies th a t could be used.) These sta te and lo cal o f f ic ia ls were selected because most o f the DSS contracts o rig in a te and are "owned" a t the county le v e l, but are c u rre n tly reviewed, processed, and monitored by the ce n tra l co n tra ct management s t a f f . State program o f f ic ia ls in te rp re t T it le XX p o lic y , make some service contracts themselves, review county contracts fo r prograirmatic elements, and provide technical assistance to the f ie ld s t a f f when necessary. As a re s u lt o f these se le ctio n procedures, I obtained in-depth Inform ation on several counties' co n tra ctin g procedures from the county o f f ic ia ls , and a more general overview o f a ll the counties' DSS co n tra ct through the sta te o f f ic ia ls . Consequently, some o f the conclusions from th is study can be understood as applying to DSS con­ tra c tin g in general—not ju s t in the selected counties. 57 The t h ir d group o f p a rtic ip a n ts in the research consisted o f ten p riv a te , n o n -p ro fit agency spokespersons, who were interview ed w ith the schedule designed fo r them. Of the te n , two co n tra cto rs had cu rre n t state-w ide con tracts th a t were drawn up and managed by sta te program o f f i c i a l s , w h ile the re s t o f the providers d e a lt p rim a rily w ith various county Departments o f Social Services. Because two o f those cu rre n t county co n tra cto rs had contracts w ith more than one county, they were also able to provide in te re s tin g comparisons and g e n e ra liza tio n s about the co u n tie s' procedures and re la tio n s h ip s . In a d d itio n to c u rre n t pro­ v id e rs , I selected two former co n tra cto rs who had fa ile d to have county contracts renewed. The names and agencies o f a l l c o n tra c to r respondents were provided by s ta te and/or county Interview ees. As w ith the p u b lic employee in te rv ie w s , I had received o f f i c i a l permission to conduct my research from the s ta te DSS d ire c to r o f the evaluation d iv is io n . T his, and my promise to keep id e n titie s confiden­ t i a l , allowed me to get appointments and s a tis fa c to ry cooperation during in te rv ie w s . The only p o ssib ly negative aspect o f re ce ivin g approval from DSS was t h e ir imposed l i m it on the number o f DSS personnel who could be used. A fte r conducting a ll the in te rv ie w s , however, I did not be lieve th a t having more respondents would have a lte re d the re s u lts s i g n i f i ­ c a n tly . A. Backgrounds o f Respondents G enerally, the backgrounds o f the three major types o f in d iv id u a ls interview ed o f f e r few su rp rise s. employees d iffe re d l i t t l e In most respects, the p u b lic sector from the p riv a te se cto r respondents. State and county interview ees tended to be younger than the p ro vid e r in te r ­ viewees, but the average length o f time spent in t h e ir cu rre n t p o s itio n s 58 fo r a ll groups was three to fiv e years. The DSS employees were more lik e ly than agency personnel to re p o rt some graduate education, y e t th e ir degrees were in s im ila r f ie ld s — u su a lly so cia l work. This in d i­ cates th a t a t le a s t the p u b lic and p riv a te c o n tra c tin g p a rtic ip a n ts have somewhat s im ila r backgrounds—something th a t can f a c il it a t e b e tte r in te rpe rson al re la tio n s h ip s . The most in te re s tin g fe a tu re o f the interview ee p r o f ile is th a t some respondents o f a l l three groups had held previous p o s itio n s at e ith e r s ta te , county, o r p riv a te agencies. For example, some county services o r contracts coordinators had worked f o r the s ta te DSS before, and others had p re vio u sly worked in p riv a te s o c ia l agencies. Several respondents reported th a t they f e l t they had a broader, more complete, view o f s o cia l services because o f t h e ir experiences 1n seeing the wel­ fa re system from a t le a s t one o th e r pe rspe ctive. And some involved d ir e c tly 1n the c o n tra c tin g process suggested th a t they may have been chosen fo r t h e ir cu rre n t p o s itio n s in p a rt because o f t h e ir a p p re cia tio n fo r oth er vie w p oin ts, as w e ll as t h e ir w ider knowledge. Two o f the c o n tra c to r respondents had moved from p u b lic to p riv a te p o s itio n s (and vice versa fo r a county spokesman) th a t were almost d ir e c t counterparts in s o cia l services purchasing. These s im ila r backgrounds and patterns in careers suggest th a t a t le a s t these in d iv id u a ls would have some a d d itio n a l knowledge about con­ tr a c tin g decisionmaking and probably have some sympathy fo r the demands and views o f o th e r actors in the c o n tra c tin g system. P riv a te agency heads who have worked 1n DSS c o n tra c tin g o r program areas would also have the advantages o f im portant frie n d s and contacts, and access to h e lp fu l in fo rm a tio n . One agency d ire c to r, fo r example, had been 59 in flu e n tia l in s e ttin g up the DSS purchase-of-service system in the e a rly Seventies, and had worked d ir e c t ly under the c u rre n t s ta te department d ir e c to r , John Dempsey. There is l i t t l e doubt th a t her experience and contacts made her an e x c e lle n t choice fo r the p o s itio n she now holds. I t is also h ig h ly u n lik e ly th a t her agency would have to fe a r lo sin g a c o n tra c t—and not only because the s t a f f personnel perform a necessary service and do t h e ir jobs very w e ll. The cooptation perspective suggests th a t frequent movement between the p u b lic and p riv a te sectors o f re g u la to ry agencies can be an in d ic a ­ tio n o f cooptative re la tio n s h ip s , in which p u b lic o f f ic ia ls can lose t h e ir o b je c tiv it y and the importance o f t h e ir "watchdog11 ro le . s itu a tio n s can occur in c o n tra c tin g out. S im ila r And because o f the common edu­ c a tio n a l backgrounds and general work experience, some cooptive re la ­ tio n s h ip s are p o ssib le in the DSS c o n tra c tin g system as w e ll. Therefore, the c o n tra ctin g procedures and checks on the process by o th e r o f f ic ia ls are p a r tic u la r ly c ru c ia l. B. Agency P ro file s The ten org an iza tion s included in th e sample in d ic a te the d iv e r­ s it y o f so cia l services providers used by the DSS— even though th is study is lim ite d to the three program areas o f A d u lt, Family, and Commu­ n ity Services. The services supplied to DSS c lie n ts by these agencies include money management counseling, g e r ia tr ic day care, fa m ily coun­ s e lin g , vocational and educational services fo r the severely handi­ capped, homemaker se rvice s, housing se rvice s, alcoholism r e h a b ilita tio n , h e a lth -re la te d services f o r m igrants, and fa m ily counseling f o r abuse prevention. O bviously, the ta rg e t populations vary w id e ly , according 60 to the services. Each o f the contractors was selected fo r it s p a rtic u ­ la r e xp ertise in one o f these services. The providers are f a i r l y spe­ c ia liz e d agencies w ith a lim ite d c lie n te le and range o f services. The size o f the agencies in terms o f f u l 1-time workers varied w id e ly, however, from a low o f three employees to a high o f 155, w ith a mean o f 44. Although one fa m ily counseling agency was established 1n the nineteenth century, a ll the re s t got th e ir s ta r t since 1960—and several o f these were a t le a s t p a rtly in response to the newly a v a ila b le federal and sta te human services funds. A ll except one o f the providers depend a great deal on government con tracts. (The s in g le exception was a sta te association o f counseling agencies th a t subcontracted fo r a ll o f the DSS services in a unique, one-shot c o n tra c t.) Of these nine agencies, fiv e received a t le a st 75 percent o f th e ir revenues from government contracts during the 1980 fis c a l year. The ten agencies' to ta l numbers o f cu rre n t contracts w ith various parts o f the fe d e ra l, s ta te , county, o r c it y governments ranged from one to 16, w ith a mean o f fo u r. (This is separate from a d d itio n a l grants th a t some have received from various p u b lic and p riv a te organiza­ tio n s .) In a d d itio n , several o f the ten agencies have had other con­ tra c ts under T it le XX o r oth e r programs in the past th a t were no longer in e ffe c t. While each agency has had a t le a s t one DSS con tract e ith e r cur­ re n tly o r in the la s t few years, two had more than one co n tra ct a t the time o f the in te rvie w s—one homemaker agency had two, and a money management agency had contracts w ith ten d iffe r e n t counties. Six o f the contractors have had th e ir DSS contracts renewed fo r many years. o f these were s ta rte d a t the s ta te le v e l, and then became the Three 61 re s p o n s ib ility o f the county DSS. one was dropped.) (Two remained s ta te c o n tra cts, and The co n tra ct amounts varied w id e ly , from a low o f $4000 fo r money management in one county to a high o f almost $1,170,000 fo r alcohol re h a b ilita tio n services which are a v a ila b le to e lig ib le c lie n ts throughout the s ta te . Of the ten agencies Included in th is sample, a t le a s t fiv e o f the agencies would be severely a ffected by major cut-backs or the elim in a­ tio n o f th e ir DSS con tracts. Some probably would have to close th e ir doors, 1 f they did not fin d an a lte rn a tiv e source o f funding— in i t s e l f , a d i f f i c u l t pro p o sitio n in these d i f f i c u l t times. Although DSS has at times encouraged contractors to fin d a d d itio n a l sources o f funds and to use the DSS contracts as seed money, one co n tra cto r said th a t there is little in ce n tive to become more d iv e rs ifie d 1n funding sources in some Instances in human services. He noticed th a t these sources tend to pu ll out when oth e r sources become a v a ila b le , and ju s t pay f o r programs th a t re ly almost e x c lu s iv e ly on th e ir money. So the agencies may not gain anything by fin d in g new grants and con tracts. This re lia n ce on one or two funding sources, such as DSS con tracts, can work in two ways—one to the advantage o f p u b lic service p ro visio n , and the o th e r, to it s disadvantage. I f agencies are p a r tic u la r ly depen­ dent on large DSS co n tra cts, they may be more lik e ly to respond to DSS' suggestions fo r Improvement, since the loss o f a co n tra ct could be devastating. This f i t s in w ell w ith the p u b lic choice approach— that cost w i ll be reduced and performance Improved because o f the desire to "s ta y in business." Both co n tra ctin g o f f ic ia ls and providers mentioned th a t th is responsiveness to c o rre ctio n sometimes has been Important in improving co n tra ct performance. 62 On the oth er hand, there was evidence th a t c o n tra c to r dependence can hamstring DSS o f f ic ia ls i f agencies: 1) m ob ilize t h e ir p o lit ic a l frie n d s , a llie s , and c lie n ts to prevent any change in program d ire c tio n , p r io r it ie s , funding, or awards; and/or 2) show th a t t h e ir programs w ill not be de livered to needy c lie n ts a t a ll i f DSS drops a c o n tra ct. those cases, the In re le va n t government u n it may not have any choice but to continue co n tra cts. Consequently, DSS may be co n tra ctin g fo r services th a t are determined, not by service p r io r it ie s and performance, but by the very fa c t o f co n tra cto r dependence. II. The Role o f Competition in Social Services Contracting The p u b lic choice approach has assumed th a t a l l manner o f be n e fits can be re a lize d by c o n tra ctin g out fo r services. T heir arguments la rg e ly re s t on the assumption th a t com petition w i ll ensure th a t ser­ vices w ill be provided a t a lower cost level w ith good service p e rfo r­ mance. We w ill examine th is assumption in terms o f the DSS con tractin g experience. But f i r s t we w ill look at the background o f the social services le g is la tio n . A. Social Services H isto ry The source o f both the funds and regulations in so cia l services is T it le XX o f the Social S ecurity Act. T it le XX was passed by Congress 1n December, 1974, signed in to law in January, 1975, and went in to e ffe c t in the new fis c a l year—October, 1975. This t i t l e b a s ic a lly replaced most o f the e a r lie r t i t l e s o f the a ct. I t retained the $2.5 b i llio n c e ilin g th a t had been placed on federal matching funds in 1972, but Included some oth e r s t r ic t e r requirements to prevent states from spend­ ing federal monies on a c t iv it ie s not defined as in lin e w ith general 63 s o cia l service goals. At the same tim e, however, the law and HEW re g u la tio n s gave the states continued d is c re tio n in determ ining which services they wished to provide w ith in the general g u id e lin e s , the types o f providers (in-house o r contracted) they wanted to u t i l i z e , and the procedures to use in making these choices. Although an annual plan f o r T it le XX services was also required before each fis c a l y e a r's funds would be d is trib u te d to each s ta te , the a ct and the re g u la tio n s continued to allo w much d is c re tio n by the s ta te governments. Attempts to li m i t s ta te d is c re tio n d r a s tic a lly because o f previous e x p lo ita tio n o f the law had been overcome by strong op po sitio n from s ta te governments, n a tio n a l w elfa re o rg a n iza tio n s, the Congress, and p riv a te agency groups. 2 U n til the 1975-76 fis c a l yea r, the Michigan DSS was not s e rio u s ly a ffe c te d by the 1972 federal c e ilin g , since Michigan d id not s u ffe r the cuts o f some o th e r la rge sta te s (New York and I l l i n o i s ) th a t had more aggressively captured ever la rg e r amounts o f federal matching funds from 1969 through 1972.^ Although DSS had purchased a t le a s t some o f it s services f o r many years, the ra p id growth in u t il iz in g many outside pro­ viders la rg e ly occurred between 1969 and 1975 w ith the a v a ila b ilit y o f federal monies and an a lte re d federal p o lic y p e rm ittin g purchase o f services (the 1967 Amendments to the Social S e cu rity A c t). According to a re p o rt by the House Fiscal Agency (th e LPER r e p o rt), M ichigan's expansion in so cia l services was due 1n p a rt to pressure p rim a rily from Governor M il lik i n 's o f f ic e and the s ta te le g is la tu re to increase ra p id ly the le v e l o f federal p a r tic ip a tio n 1n so cia l services— the qu icke st 2 3 D e rth ick, Chapter 10. See D e rth ick, Chapter 9, and LPER re p o rt, p. 4. 64 method being to purchase from e x is tin g p riv a te agencies. Because o f the donated funds provision in the law, DSS saw purchase as a way o f expand4 ing needed social services w ith ou t sta te expenditure. P riva te or pu blic agencies th a t could arrange to donate to the s ta te the re q u is ite 25 percent match fo r federal funds in turn received contracts to perform p a rtic u la r services. In e ffe c t, DSS “ allowed p r i­ vate and lo cal p u b lic agencies to determine the use o f m illio n s o f d o l­ la rs 1n federal funds w ith almost no e f f o r t to control the d is p o s itio n 5 o f those funds o r to account fo r th e ir impact on DSS c lie n ts ." This strategy o f using local provider/donors was f a i r l y ty p ic a l, according to D e rth ick, and contributed to the skyrocketing cost o f the federal grant.® When i t approached it s li m it on rece iving federal matching funds in 1975, Michigan DSS began to reconsider some o f it s loose con tractin g procedures. Instead o f purchasing almost any new service w ith the 25 percent match donated, and continuing v ir t u a lly a ll previous contracts ro u tin e ly , DSS sought ways to determine c lie n t needs and to compare the m erits o f curre nt programs. DSS was not immediately successful in agreeing upon and implement­ ing needs assessments and improved, more com petitive purchase procedures. But i t did make some changes in the system a couple years la te r , during FY79 and FY80. From the ra th e r c e n tra liz e d , s ta te -c o n tro lle d process o f the e a rly Seventies, DSS moved to a more decentralized system in which 4 LPER re p o rt, p. 4. 5I b id . , p. 38. °D e rth ick, chapters 3-8. Some o f the other s ta te s , however, were mnre involved in ourchasina e x is tin g services from other s ta te aapncies and departments. 65 the county departments received c e rta in a llo c a tio n s fo r purchased ser­ vices and became d ir e c tly involved in determining lo cal needs, se le ctin g pro vid ers, fin d in g donors, and reviewing the services purchased fo r county residents. The re s u lt was greater v a rie ty 1n the con tractin g procedures and arrangements, since the counties were given some f le x i b i­ l i t y in th is area. Although not s tro n g ly supported by s ta te -le v e l con­ tra c tin g o f f ic ia ls , the change was p a rt o f the national trend toward greater lo cal d is c re tio n in various programs, which, i t was hoped, would lead to a b e tte r a llo c a tio n o f resources. When funds became very lim ite d in FYs '80 and '81 because o f decreasing revenues and increasing social service needs, both the sta te and county le ve ls had to examine more c a re fu lly what services they pur­ chased, as w ell as those provided through p u b lic employees. Since a ll the interview s in th is study were conducted during the summer and f a l l o f 1980, th is c r is is provided an occasion to analyze not only the gener­ al subject o f social service co n tra ctin g in li g h t o f the p u b lic choice approach. I t also illu m in a te s the question about the ro le o f co n tra ct­ ing in times o f fis c a l stre ss: is co n tra ctin g out fo r services reduced or expanded? From th is very b r ie f h is to ry o f social services and the Michigan experience w ith the federal le g is la tio n , i t is c le a r th a t the Congress, HEW, and the Governor, the sta te le g is la tu re , and DSS o f f ic ia ls have had q u ite d iffe r e n t goals in using outside providers than do p u b lic choice advocates o f c o n tra ctin g . Those Involved w ith the T it le XX p o lic y pro­ cess did not seek lower costs or a slowdown in government growth—and probably not even b e tte r q u a lity services. Instead, they aimed to pro­ vide a w ider array o f services fo r the needy, to encourage states to 66 use both p riv a te and p u b lic sectors to accomplish t h is , and, a t le a s t fo r s ta te o f f i c i a l s , to capture e v e r-la rg e r amounts o f money fo r sta te reside nts w ith few s trin g s attached. Those committed to g re a te r funding f o r the poor embraced the con­ cept o f purchase ea ge rly, since they saw th a t not only would i t mean more services but also i t would create a broader, sta te -w id e co n stitu e n ­ cy fo r w e lfa re and so cia l p ro gra m s--larg ely made up o f p u b lic and p r i ­ vate service pro vid ers. Once th a t constituency was formed and became dependent upon DSS programs, the f l e x i b i l i t y envisioned f o r co n tra ctin g out by the advocates o f th is method was decreased, ra th e r than increased. This s ta te and lo c a l c o a litio n , combined w ith a llie s in s tra te g ic p o si­ tio n s , ensured th a t the new T it le XX would not threaten e x is tin g arrange­ ments. Even under severe fis c a l c o n s tra in ts , i t became d i f f i c u l t to reduce c o n tra c t amounts and e lim in a te c o n tra c to rs . And com petition s e l­ dom was seen as a de sira ble means fo r determ ining which services to fund and which providers to use. As a r e s u lt o f t h e ir goals, s ta te program and c o n tra c t o f f ic ia ls did not s e t up c o n tra c tin g procedures th a t emphasized the tr a d itio n a l p rin c ip le s o f p u b lic procurement— fa irn e s s and com petition. The federal re g u la tio n s o f both the o r ig in a l le g is la tio n and it s T it le XX successor d id not require the states to promote these p rin c ip le s when co n tra c tin g . Nor was i t in the best in te re s ts o f c o n tra c tin g o f f ic ia ls and contrac­ to rs to in s is t th a t com petition and fa irn e ss be ap plie d to s ta te con­ tr a c ts . Competition among providers and in procedures can create c o n f lic t , increased paperwork, and g re a te r u n c e rta in ty f o r a l l p a r t ic i­ pants in the c o n tra c tin g process. Therefore, since i t was not req uired , 67 com petition was not maintained as an im portant p r in c ip le in DSS purchase o f services. B. Competition in the Social Services Environment Competition f o r c lie n ts and funding sources has not held a strong place in the tr a d itio n o f the s o c ia l services f ie ld . P ublic and p riv a te agencies have not considered themselves s im ila r to p ro fit-m a k in g e n te r­ p ris e s , where the desire f o r p r o f it s and growth can encourage competi­ tio n . Instead, social agencies have emphasized th a t t h e ir ro le is to serve people whose s o c ia l and economic needs have gone unmet in a p a r t i­ c u la r community. They d iffe r e n tia te t h e ir services from each o th e r, to avoid d ir e c t com petition and overlap. Once the so cia l services con tra cts became a v a ila b le , not a ll so cia l agencies were in te re s te d in them. In the past, providers o ffe rin g s e r­ vices aimed a t the special needs o f the poor were few in number, because o f lim ite d funding sources and the d i f f i c u l t y o f serving the needy ade­ quately. Before the m id -S ix tie s , most p riv a te agencies had m iddle-class o rie n ta tio n s fo r m iddle-class c lie n ts . With the advent o f the federal s o c ia l services g ra n ts, many o f these agencies were a ttra c te d by the a v a ila b le c o n tra c ts —but not a l l . For some, the funds have not provided a s u f f ic ie n t In ce n tive fo r them to t r y to get DSS c o n tra c ts , f o r various reasons. Yet another fa c to r c o n trib u te d to the lack o f d ir e c t, se rvice -b y se rvice com petition among s o c ia l se rvice pro vid ers fo r DSS co n tra cts. D ire c t services to c lie n ts depend on having a s it e th a t 1s r e la tiv e ly convenient to those who re q u ire the se rvice s. For many agencies u t i l i z ­ ing a v a rie ty o f experts and f a c i l i t i e s , the option o f having the agency operate in d iffe r e n t lo c a tio n s in the sta te is not u su a lly fe a s ib le . 68 Among the DSS c o n tra c to rs , only the money management firm s have tr ie d s e ttin g up "branch o ffic e s " in various counties in the s ta te —la rg e ly because t h e ir services are m ainly provided through a s in g le counselor. (As a r e s u lt, there has been some com petition between them fo r DSS con­ t r a c t s .) The alcohol r e h a b ilita tio n center also was able to get around th is problem, since c lie n ts are sent to i t from throughout the s ta te . These a lte rn a tiv e s are not u s u a lly open to o th e r p ro vid e rs, however. Each p ro v id e r is u su a lly lim ite d to competing f o r con tracts in i t s own county. In a d d itio n , fo r human service c o n tra c tin g , the market model is not p a r tic u la r ly useful in understanding the buyers' ro le in purchasing. Since they are lim ite d in number and in purchasing range, government agencies a ct as monopoly in te re s ts — u n lik e in the market model, where m u ltip le consumers can allo w f o r new firm s and products to emerge to fill f e l t needs. Today new p riv a te , n o n -p ro fit agencies fin d i t d i f f i ­ c u lt to e n te r the "s o c ia l services market" fo r the poor, unless they receive a p r io r co n tra c t commitment from a government agency. (P riv a te funds are u su a lly not enough f o r e s ta b lis h in g an agency—even these sources want a commitment from a government u n it . ) The agencies th a t do form tend to be ones th a t both f i l l an unmet need th a t the government is genuinely In te re ste d in funding, and have found o th e r funding sources as wel 1. An e x c e lle n t example o f the problems involved in g e ttin g in to c o n tra c tin g is provided by the new DSS c o n tra c to r th a t operates a day care center f o r the e ld e rly . Even though he got a c o n tra c t, the agency d ir e c to r said th a t i t was very d i f f i c u l t to o b ta in oth e r funding besides the DSS c o n tra c t. CGetting th a t c o n tra c t was hard enough 69 because the agency had no experience o r track reco rd.) Any agency, whether established or new, usually requires more than one funding source to survive. But fa ilu r e to gain the necessary funds and support from the community fo r a new program p ro h ib its e n try in to the social services f ie ld . In summary, com petition among p o te n tia l providers is hampered by these b a rrie rs to entry in to the "m arket," the lo c a tio n a l lim ita tio n s , the unw illingness o f some agencies to compete fo r DSS c o n tra cts, and the d iffe r e n tia tio n in agency services. C. The Donation Requirement Even though com petition in the environment is minimized, there are methods which the state and county departments could adopt to encourage even lim ite d com petition fo r it s con tracts. But the regulations o f T it le XX and it s predecessor as w ell as the sta te DSS have not been designed to promote com petition. The donation requirement has been one o f the primary ways by which com petition has been hindered. For each se rvice , the T it le XX grant requires a 25 percent match from the s ta te to receive the 75 percent federal funds. This s tip u la ­ tio n was w ritte n w ith the idea th a t the states and lo ca l agencies should show some commitment to the services they choose to provide. In M ichi­ gan, some esse ntia l services have the match co n trib u te d by the state le g is la tu re (e .g ., fo r p ro te c tiv e s e rv ic e s ), o r by county boards o f commissioners fo r county programs. U sually, however, the re q u is ite donation to the s ta te is made by the very co n tra cto r th a t receives a DSS co n tra ct. But the a b ilit y to make the donation fo r th e ir contracts does not necessarily correspond w ith the a b il it y to provide high qua­ l i t y , essential services a t a reasonable cost le v e l. 70 Since some agencies do not have any "e x tra " money to fund the match, they are seldom considered fo r awards. Only a few agencies have been able to arrange fo r some ou tside donor to c o n trib u te the amount fo r th e tr c o n tra c ts . Consequently, providers w ith funds from o th e r sources ( e .g ., United Way, re lig io u s o rg a n iz a tio n s , foundation grants) o r an a c tiv e s o lic it a t io n program are advantaged over agencies w ith o u t these funding sources. Not only must 25 percent o f the to ta l amount o f the c o n tra c t be donated, but some o f the T it le XX re g u la tio n s governing these donations help c e rta in types o f agencies more than oth ers. P ublic agencies are given preference over p riv a te agencies, and n o n -p ro fit providers are advantaged over p ro p rie ta ry firm s . For p u b lic co n tra cto rs alone, the re g u la tio n s allo w in -k in d "dona­ tio n s " ( e .g ., o f f ic e space, machines) to be made f o r almost a ll o f the re q u is ite match—only 5 percent o f the co n tra c t amount must be made in cash and a c tu a lly sent on to the sta te government. A ll p riv a te agencies must c o n trib u te 25 percent o f the to ta l co n tra c t amount in cash. I t is also e a sie r to o b tain the donation from the n o n -p ro fits fo r t h e ir con tracts than i t is from f o r - p r o f it firm s . The re g u la tio n s fo r ­ bid the d ir e c t donation o f funds from p ro p rie ta rie s f o r con tracts in which they are the re c ip ie n ts . I f a p ro fit-m a k in g agent is used, p u b lic o f f ic ia ls must fin d another donor (such as the county board o f commis­ sioners) o r an Interm ediary who 1s w illin g to be responsible fo r "la u n d e rin g ” the fir m 's donation. E ith e r o f these methods is tim e- consuming f o r c o n tra c tin g o ffic 1 a ls --a n d c e r ta in ly does not encourage p ro p rie ta ry firm s to t r y to get DSS c o n tra cts. Adding to t h e ir problem is the bias against f o r - p r o f it agencies in the social services f ie ld . 71 For two p ro p rie ta ry fin a n c ia l counseling firm s th a t perform necessary services fo r DSS c lie n ts , the advantages o f having the n o n -p ro fit status were so compelling th a t both formed and incorporated new n o n -p ro fit agencies to handle the DSS business, a t the suggestion o f s ta te and county con tractin g o f f ic ia ls . There is one federal ru le th a t is g e ne rally given only I1p service in DSS, The federal regulations sp e cify th a t i f n o n -p ro fit agencies are th e ir own donors, an "independent decision" about awards must be made— th a t the donation is not to a ffe c t the choice o f co n tra cto rs. In the past, when federal funds exceeded DSS1 a b il it y to spend them, any agency th a t put up the donation was almost au to m a tica lly given a co n tra ct. These contracts were repeatedly renewed, w ith l i t t l e s c ru tin y u n til the la te Seventies during the d e c e n tra liz a tio n process in Michigan. Even then, according to county co n tra ct coordinators, fin d in g agencies w ith donations o r outside donors has been so d i f f i c u l t th a t l i t t l e has re a lly changed in who has been awarded con tracts. While most o f the county o f f ic ia ls interview ed complained about the d if f ic u lt ie s o f fin d in g good contractors who could also make the donation, one contracts coordinator said th a t his county has fostered increased com petition by e lim in a tin g the need fo r a ll contractors to make the donation. The board o f commissioners now supplies the lo cal donations fo r many o f the c o n tra cts. Since they do not need to make th e ir own donations, more contractors have attempted to get contracts from DSS. This example illu s t r a te s how c r it ic a l the donation re q u ire ­ ment is in reducing the pool o f p o te n tia l contractors 1n other counties. I t also shows th a t real com petition may not be a lto g e th e r desirable fo r c e rta in o f f ic ia ls . Because o f the increased com petition, some o f the 72 previous con tractors and several oth e r reputable agencies were turned down fo r awards. The re s u ltin g d is s a tis fa c tio n and i l l - w i l l made the co n tra ctin g o f f i c i a l s ’ jobs only more d i f f i c u l t and uncomfortable. In a t le a s t one other county, o f f ic ia ls have found an ea sie r and cheaper way o f g e ttin g around the donation s tip u la tio n . According to a coo rd in a to r, the sa la rie s o f co n tra cto r agency d ire c to rs are sometimes " in fla te d " to cover th e ir donation. An agreement is made between the county and the co n tra cto r th a t the excess funds th a t are not a c tu a lly pocketed by the d ire c to r would be used fo r the 25 percent donation. Because donations can be made in q u a rte rly amounts and the co n tra cto r can usually get an advance on the c o n tra ct, the agency need not use any of it s own money, or run in to serious cash-flow problems. I had sus­ pected th a t th is occurred (e s p e c ia lly when sta te o f f ic ia ls complained about some n o n -p ro fit d ire c to rs ' high s a la rie s which they had to approve), but received no confirm ation o f th is p ra ctice outside o f the one county. However, the coordinator asserted em phatically th a t he knew th a t some oth er counties used the same method o f g e ttin g the match fo r agencies th a t otherwise would not q u a lify . (From th is in te rv ie w , I in fe rre d th a t only agencies w ith special re la tio n s h ip s w ith county o f f i ­ c ia ls would b e n e fit from th is arrangement.) I f tru e , on some occasions in e ffe c t the federal government has paid fo r the e n tire co n tra ct amount, instead o f Its usual 75 percent. D. Contracting Procedures 1n DSS Government co n tra ctin g procedures can enhance o r in h ib it competi­ tio n among p o te n tia l contractors and can expand o r reduce the range o f choices fo r decisionmakers. The e a rly steps in the co n tra ctin g process 73 are p a r tic u la r ly c ru c ia l — the s e le c tio n o f services to be purchased, the s o lic it a t io n o f p o te n tia l c o n tra c to rs , and the con sid era tion o f pro­ posals (o r b id s , 1n oth er cases). Even though some o f DSS' choice has been lim ite d by the so cia l services environment and the donation req uire­ ment, these procedures could be designed to allo w c o n tra c tin g out to sim ulate the ideal marketplace. We need to examine i f th is occurs. Before th is more d e ta ile d analysis is begun, a b r ie f o u tlin e o f the major steps o f the DSS c o n tra c tin g process must be provided. (They are s im p lifie d here, and may not always take place in e x a c tly th is way, but they in d ic a te the usual sequence.) F ir s t , DSS o f f ic ia ls in the counties and in the program o ffic e s tr y to determine which services to purchase. Next, the u n it responsible fo r the c o n tra c t— the c o n tra c t "owner"— s o lic it s p u b lic and p riv a te pro­ vid ers f o r proposals f o r the desired se rvice s. Once the proposals are subm itted, various p a rtic ip a n ts in the county o r sta te DSS review and evaluate them and make t h e ir recommendations. The county department head, w ith the advice o f the board o f so cia l s e rv ic e s , makes the fin a l decision f o r county co n tra c ts , w h ile program d iv is io n heads usu ally s e le c t s ta te -le v e l c o n tra c to rs , a l l su b je ct to the sig na tu re o f the s ta te DSS di re c to r. The selected c o n tra c to r proposals are then sent to the DSS con­ tr a c t management d iv is io n , where s p e c ia lis ts review the proposals and the budgets f o r compliance w ith T it le XX and s ta te re g u la tio n s . (Here o r e a r lie r in the process some changes in the proposals may be made and agreed ucon.) These In d iv id u a ls also w rite up the c o n tra c t documents, using a standard form (o r " b o ile r p la te " ) prepared w ith the consent o f 74 the Attorney General's O ffic e . F in a lly , a ll the required signatures are obtained, and the co n tra ct year can begin. In a c tu a lity , th is e n tire process is very time-consuming and com­ p le x , since many d iffe r e n t o ffic e s and in d iv id u a ls are involved. Con­ tra c tin g o f f ic ia ls work on several contracts at one tim e, each w ith a great deal o f paperwork th a t must be processed in a c e rta in way and order. When a lo cal donation is required {as i t is fo r a ll county con­ tra c ts in the three programs), a d d itio n a l forms must be w ritte n o u t, and the donor must be included in various steps. The procedures are s im p li­ fie d a great deal, however, under two co n d itio n s: 1) when the co n tra cto r acts as h is /h e r own donor, and 2) when a con tract is renewed in a s im ila r form. Therefore, fo r bureaucrats a t both sta te and local le v e ls , there are d isin ce n tive s both to use contractors who cannot co n trib u te the 25 percent, and to seek out new con tractors. 1. Needs Assessments In the past, the usual procedure fo r deciding which services to co n tra ct out fo r was to n o tify various p u b lic and p riv a te agencies about the a v a ila b le funds and the general regulations governing the use o f the funds. Few attempts were made to assess c lie n ts ’ needs s y s te m a tic a lly , and then to s o l i c i t only fo r those types o f services, since Michigan had so much federal money to match. Consequently, many d iffe r e n t service providers received contracts year a fte r year w ith very l i t t l e review o f needs or th e ir performance towards meeting social service goals. They fre q u e n tly b u il t up th e ir agencies to accommodate the increased demand from government, and also established good re la tio n s h ip s w ith the re le ­ vant s ta te bureaucrats and th e ir le g is la to rs to ensure the flow o f funds over time. 75 When DSS began d e c e n tra liz in g some o f the c o n tra c t a d m in is tra tio n by designating counties as the co n tra ct owners w ith s ig n ific a n t d is c re ­ tio n , p a rt o f the ra tio n a le was th a t lo c a l DSS o f f ic ia ls could more ade­ quately match the lo ca l needs w ith lo ca l se rvice p ro vid e rs. They would be able to make annual, more manageable needs assessments, and also know who in the community were best equipped to d e liv e r the needed services. Nonetheless, county departments also u t iliz e d most o f the previous con­ tr a c to r s —only a few were e lim in a te d o r given reduced funds. And some contracts were reta in e d a t the sta te program le v e l, e ith e r because they served c lie n ts throughout the s ta te , o r, in some cases, were reported to be " b e tte r protected" by s ta te o f f ic ia ls and p o lit ic a l in flu e n c e . In a d d itio n , the c u rre n t county a llo c a tio n s o f T it le XX funds fo r donated funds purchase are not based on any formula o f needs and popula­ tio n . le v e ls . Instead, funds are d is trib u te d on the basis o f previous purchase In o th e r words, i f a county had purchased many services e a rly on in the d e c e n tra liz a tio n process, i t would continue to receive more c o n tra c t s t a f f p o s itio n s and federal funds to match than a s im ila r county th a t had no t purchased as much at th a t tim e. For example, fo r the past few ye a rs, Ingham County (pop. 275,000) has received much la rg e r a llo c a tio n s than both Genesee County (pop. 442,000, and w ith fa r g re a te r w e lfa re needs) and Kent County (pop. 433,000). Several o f the county c o n tra c t coordinators complained about th is haphazard method o f a llo c a tin g funds, and hoped th a t i t m ight be changed in the fu tu re . According to DSS w ritte n p o lic y , the s ta te DSS' goal is "to e ve n tu a lly 76 have donated funds allocated to lo cal o ffic e s based on measures o f social service needs. Some o f the counties do, however, occasionally conduct needs assessments to help decide how to a llo c a te the funds they receive. (The o f f ic ia l donated funds co n tra ct process as w ritte n by the central o ffic e requires th is as one o f the f i r s t steps in the process, but interviewees in d ica te d th a t they have not always been ca rrie d o u t.) Assessments seem to have been implemented by the counties which did not have many con­ tra c ts or funds before, so they had o p p o rtu n itie s to determine needs w ith almost no p r io r commitments to c e rta in contractors and services. The methods o f determining need p r io r it ie s vary from county to county, but they usually have depended upon two major sources o f in fo r ­ mation and in p u t— DSS caseworkers and lo cal so cia l agencies (many o f which may already have c o n tra c ts ). In sm aller counties, the process is very in fo rm a l, w ith meetings w ith the in te re ste d and involved. A few o f the counties rep orted ly have sent out questionnaires to the major public and p riv a te agencies a ctive in the community. Generally c lie n ts ' ser­ vice needs are only in d ir e c tly measured—f ilt e r e d through p a rtic ip a n ts in the so cia l service system who have p a rtic u la r in te re s ts or stakes in the outcome. In tu rn , these reports are In te rp re te d by the lo cal DSS o f f ic ia ls working in the c o n tra ctin g process—program heads, contracts coo rdina to rs, department d ire c to rs , the social services boards, and sometimes, the county board o f convnissloners. In one case, a p ro vid e r complained about the process o f determin­ ing needs p r io r it ie s . His agency had form erly had a fa m ily counseling ^Memorandum from Fred Lawless, D ire c to r o f F ie ld Services Adminis­ t r a tio n , to lo cal o ffic e managers (March 27, 1979), Attachment A. 77 co n tra c t from the s ta te , but f a ile d to get i t renewed a t the county le v e l, fo r what he c a lle d " p o lit ic a l" reasons— the lo ca l DSS s t a f f " d id n 't want a successful agency to show th a t i t can do counseling b e tte r" than DSS caseworkers. During the l i f e o f the state-awarded con­ t r a c t , he complained to o f f ic ia ls th a t the county DSS workers were not making re fe rra ls to h is agency, as s p e c ifie d under the terms o f the con­ t r a c t. When c o n tra c tin g was d e ce n tra lize d , h is proposals were turned down, he be lieve d, because o f the negative a ttitu d e s o f the county admin­ is tr a to r s to counseling se rvice s, o r any o th e r services they perceived would compare unfavorably ag ainst DSS p ro v is io n . The county discontinued the purchase o f counseling services a lto g e th e r sin ce , they claim ed, th is se rvice was being performed by DSS caseworkers. P o lit ic a l in flu e n c e via a statew ide agency asso cia tion had helped to ob tain the previous sta te c o n tra c t, but had fa ile d to make the d iffe re n c e in the county le v e l. 2. C ontract S o lic ita tio n s The s o lic it a t io n stage is the most c r it ic a l phase in the c o n tra c t­ ing process, as fa r as com petition is concerned. The h is to r ic re q u ire ­ ments f o r com petition in p u b lic purchasing have always included the fo llo w in g : the presence o f two o r more a v a ila b le , w i llin g , and respon­ s ib le "b id d e rs ;" a complete, e x p lic it , and r e a lis t ic s p e c ific a tio n package which a ll in te re s te d p a rtie s can re ce ive ; the w idest s o lic it a ­ tio n o f q u a lifie d , p o te n tia l co n tra cto rs through the use o f a bidders g 11st; an atmosphere o f o b je c tiv it y and Im p a r tia lity . These re q u ire ­ ments have been standards 1n the f ie l d , whether com petitive bidding o r com p etitive nego tiatio ns are used to make awards. O The Council o f State Government, State and Local Government Pur­ chasing (Lexington, Ky.: COS, 1975), e s p e c ia lly Chapter 6. 78 The general ru le a t both the s ta te and county le v e ls has been th a t the DSS s o lic ite d fo r proposals o r program d e s c rip tio n s from more than one prospective c o n tra c to r only when new money became a v a ila b le , as was the case when d e c e n tra liz a tio n took place. Both before and a fte r counties gained co n tro l o f most c o n tra c tin g , once an agency received a c o n tra c t to provide a service th a t agency u su a lly became the on ly one n o tifie d fo r subsequent c o n tra c ts —and u su a lly got renewals every year. The motto in most counties as w e ll as a t the s ta te le ve l seems to have been "Once a c o n tra c to r, always a c o n tra c to r." For new c o n tra c ts , the number o f p o te n tia l providers th a t are in v ite d to submit proposals is very lim ite d . County coordinators reported th a t between one and ten community agencies are contacted fo r each c o n tra c t (w ith the mode a t approxim ately tw o), depending on the size o f the county and the type o f se rvice required. Some o f the ser­ vices DSS has wanted are ra th e r s p e c ific in nature o r in ta rg e t popula­ tio n s ( e .g ., h e a lth -re la te d services fo r m igrant H ispa nics), such th a t only one agency e x is ts th a t could (and wants to ) perform the se rvice . County o f f ic ia ls also have been h e s ita n t to seek out con tractors oper­ a tin g outside t h e ir own counties. As a r e s u lt, f a i r l y sp e cia lize d agencies w ith no com petition are in a more advantageous p o s itio n to in flu e n c e the c o n tra c t amount, the performance s p e c ific a tio n s , and con­ tr a c t requirements than when more than one p ro vid e r competes. Formal s o lic it a t io n procedures and "bidders l i s t s " are seldom used by s ta te and county o ffic e s . The usual means o f communicating about DSS' needs when new con tracts are to be made are f a i r l y in fo rm a l. The county program and c o n tra c t s ta ffs g e n e ra lly depend upon th e ir knowledge o f which esta blishe d agencies in the county could d e liv e r the services 79 in a s a tis fa c to ry manner to DSS c lie n ts , and contact only them. A ll counties reported using personal telephone c a lls or word o f mouth to inform these agencies o f the a va ila b le con tracts. Some send out b r ie f le tte r s explaining the types o f services they desire and the amount o f money they can a llo c a te through con tracts. Only when funds were re la ­ t iv e ly p le n tifu l did a few o f the la rg e r counties on occasion use news­ paper a r t ic le s , te le v is io n and radio announcements, o r advertisements in open requests fo r proposals. Sometimes the county and sta te o ffic e s also receive new, u n s o li­ c ite d le tte rs o f in te re s t o r proposals during the year from various agen­ cies o ffe rin g to provide a service. In the e a rly Seventies, these proposals were usually sent to sta te program o ffic e s and fre q u e n tly resu lted in contracts because o f the a v a ila b le funds. counties have been the targets o f such proposals. More re ce n tly the I f the idea is a good one and o f f ic ia ls believe th a t the service is needed and in lin e w ith T it le XX g u id e lin e s, the con tractin g o f f ic ia ls could e ith e r: 1) award a c o n tra c t w ith o u t try in g to compare the proposal to any o th ers, i f there are some unexpended funds; o r 2) t e l l the agency to resubmit the proposal a t the annual proposal evaluation time in the co n tra ctin g cycle to consider i t along w ith other plans to compete fo r a share o f the county a llo c a tio n pot. The lim its on federal funds have meant th a t in the la s t two years only a few o f these proposals have led to awards. The more formal Request fo r Proposal (RFP) process is not required by departmental p o lic y , and as a re s u lt, only in fre q u e n tly has i t been u t iliz e d . The few counties and sta te programs th a t have used the RFP complained o f the extra time and expense involved in preparing the f u l l d e ta ils o f the co n tra ct and requested services, and in sending out the 80 large package. Others suggested th a t the RFP process might be a b e tte r a lte rn a tiv e to the cu rre n t method o f s o lic it a t io n — th a t i t m ight promote g re a te r fa irn e s s and com petition. Most o f the co u n tie s, w h ile not using RFP form at, do send out more d e ta ile d explanations to those agencies th a t have expressed in te re s t in a c o n tra c t o r have subm itted a le t t e r o f in te n t. Usually w ritte n by the c o n tra c t co o rd in a to r w ith assistance from program s t a f f , th is Inform ation gives the requirements o f the c o n tra c t and o u tlin e s the proposal format to be used by the proposer. The requirements u su a lly include the fo llo w ­ in g -a c c e p ta b le to ta l cost range, equal o p p o rtu n ity employment, a ffirm a ­ tiv e a c tio n program, length o f the co n tra c t (one y e a r), s p e c ific a tio n s about the approximate number and type o f c lie n ts to be served, the 25 percent donation re g u la tio n s , record-keeping p ra c tic e s , and general types o f services desired. Sometimes performance s p e c ific a tio n s are added, i f DSS is seeking a p a r tic u la r se rv ic e . These packages seldom in clu d e , however, the c r it e r ia by which pro­ posals w i l l be evaluated. Some o f the co u n tie s' c o n tra c t coordinators suggested th a t the ju dg in g-of- proposals was so o fte n s u b je c tiv e , th a t s ta tin g c r it e r ia would be d i f f i c u l t . Others said th a t the c r it e r ia th a t would be used were im p lic it in the s p e c ific in fo rm a tio n about the department's needs. N e ithe r do these packages u su a lly sp e cify the various review methods and c r it e r ia th a t DSS would be using to m onitor and evaluate c o n tra c to rs ' expenditures and performance. In most cases, these procedures, as w e ll as o th e r d e ta ils , are explained v e rb a lly in a pre-proposal conference fo r a ll in te re s te d p a rtie s ( i f there is one), by the c o n tra c t owner upon request, o r during co n tra c t n e g o tia tio n s . 81 I t is c le a r from th is d e s c rip tio n th a t DSS' sol 1e la tio n proce­ dures do not fo s te r com p etitio n. In a d d itio n , during the in te rvie w s i t was evident th a t some o f the county coordinators were not concerned about being im p a rtia l and o b je c tiv e in t h e ir re la tio n s h ip s w ith po te n tia l providers p r io r to awards. Some h in te d th a t the program s t a f f had th e ir own biases in fa v o r o f In v it in g proposals from c e rta in agencies, and not o th e rs . The lack o f formal s o lic it a t io n procedures, s o lic it a t io n c r i ­ te r ia ( i . e . , determ ining who would be a "re sp o n sib le and responsive" p ro v id e r}, and proposal eva lu atio n c r it e r ia means th a t personal judge­ ments, p re ju d ic e s , and oversights can reduce the already minimal compe­ t i t i o n th a t e x is ts in the s o c ia l services environment. 3. Proposals A ll o f the counties and the s ta te program o ffic e s where I in t e r ­ viewed spokespersons re q u ire a w r itte n proposal before a decision is made on c o n tra c t awards. These proposals range in le n g th , d e t a il, and s o p h is tic a tio n , depending upon the gu id eline s o f DSS and the a b il it y o f the agency. Contractors who are lik e ly to have contracts renewed are expected to submit a proposal as w e ll, even i f i t is a copy o f the pre­ vious y e a r's plan. Always Included w ith the proposal is a lin e -1 tern budget o f expected costs. In the proposal i t s e l f are a d e ta ile d des­ c r ip tio n o f the se rvice s, the plan o f se rvice d e liv e ry , and the approxi­ mate number and type o f c lie n ts to be served. In some cases, proposals need not meet a l l s p e c ific a tio n s o f the DSS package. C ontractors can request a high er funding le v e l, reduce the number o f c lie n ts , o r change the mix o r type o f program a c t iv it ie s —and s t i l l be considered f o r awards. Almost a ll o f the oth e r requirements provided by DSS under T it le XX re g u la tio n s must be complied w ith , however. 32 In a d d itio n , c e rta in counties w i ll o cca sio na lly require th a t the proposers give an oral presentation and answer questions before the three-member board o f social services and the s t a f f . This usually occurs when new contracts are being awarded—especial ly when more than one agency proposes to provide the same type o f service. In general, the com petition fo r contracts is minimal. For any one type o f service desired, according to interview ees, only one to three proposals are received fo r consideration. In a ll but the fo u r la rg e s t counties, receiving more than one proposal fo r a co n tra ct is a rare occurrence. (When i t has happened, i t has usually been between money management agencies th a t have greater m o b ility .) Therefore, in most counties the com petition is not between s im ila r agencies o ffe rin g sim i­ la r kinds o f services th a t can be compared, but among d is s im ila r agen­ cies a ll wanting a share o f the county's a llo c a tio n . Ill. Contract Decision Making In advocating co n tra ctin g out fo r pu blic services, the p u b lic choice adherents assume th a t decision makers w i ll use th is mode o f ser­ vice d e liv e ry to promote greater e ffic ie n c y and cu t the costs o f govern­ ment services. The h is to ry o f social services contracts indicates th a t these goals were not major considerations in the e a rly years. But, as Michigan has found 1t in cre a sin g ly d i f f i c u l t to stay w ith in the sta te li m it on T it le XX a llo c a tio n s , have the DSS decision c r it e r ia changed over time? Have decision makers been try in g to get "the biggest bang fo r the buck"? There are two major points in the co n tra ctin g process th a t w i l l be analyzed to answer these questions: f i r s t , the decision to purchase c e rta in se rvice s, and second, the choice o f contractors to 83 d e liv e r these chosen services. We w i ll examine both the decision-making process and the c r it e r ia u tiliz e d by o f f ic ia ls . A. Why Contract Out? The interview s w ith p u b lic o f f ic ia ls made i t obvious th a t decision makers do not p e rio d ic a lly review the advantages and disadvantages o f using contractors to d e liv e r p u b lic services. Nor do they weigh the costs and be n e fits o f in-house p ro visio n vs. contracted se rvice s, and make th e ir choices based on these fa c to rs . Instead, outside agencies have usually been u tiliz e d because DSS caseworkers have not had the exp e rtise o r experience to provide c lie n ts w ith c e rta in services o r pro­ grams. Even though they could have hired the necessary personnel, DSS believed i t would be easier and cheaper fo r the s ta te to use the e x is t­ in g , experienced agencies, p a r tic u la r ly because o f the donated funds. And the f ie ld had had a long h is to ry o f p riv a te service pro visio n to support th is decision. According to an e a rly p a rtic ip a n t in DSS con­ tr a c tin g , the federal funds provided a p e rfe c t op p o rtu n ity to get m iddle-class agencies to serve the poor. A ll o f the 23 respondents were asked to rank seven a lte rn a tiv e s in order o f importance (from one to seven, w ith one being the most impor­ ta n t) as to why outside agencies o r firm s instead o f p u b lic employees were used to supply social services in th e ir program area. Although interviewees gave various combinations, the "b e tte r services" answer was selected by a ll three groups as the most im portant reason fo r co n tra ct1ng out (.Table 1). q q Its mean was the lowest o f the seven answers, 2.8, Several o f the respondents said th a t th is reason was r e a lly the only major one o f the l i s t . The Importance o f the oth er a lte rn a tiv e s must not be overemphasized. Table 1: Reasons fo r Contracting Out—D.S.S. State O ffic ia ls County O ffic ia ls Contractor Respondents Mean of Individuals Mean of Groups Lower cost 4.3 3.9 3.0 3.6 3.7 B etter services 3.5 2.1 2.7 2.8 2.8 Greater f l e x i b i l i t y in h irin g and f ir in g 4.3 3.8 4.8 4.4 4.3 Better oversight over cost and performance 6.0 4.5 3.3 4.4 4.6 Mandated by fe d e ra l/sta te laws or regulations 5.3 5.4 5.4 5.4 5.4 A way o f strengthening p riva te agencies or firms 4.2 5.0 5.1 4.8 4.8 P o litic a l po rkba rrellin g 4.3 6.0 5.1 5.1 5.1 N= 6 N= 7 Reasons: N = 10 N = 23 N= 3 85 and i t was most fre q u e n tly chosen as f i r s t in importance. By b e tte r s e rvice s, respondents said they meant not o n ly th a t outside providers g e n e ra lly could give b e tte r q u a lity services than could DSS caseworkers, but also th a t they have e xp e rtise in a wide range o f s p e c ia liz e d se r­ vices th a t c lie n ts need. Otherwise the DSS could not o r would not be able to provide the services a t a ll ( e .g ., c e rta in housing and money management se rvice s, g e r ia tr ic day c a re ), o r could not provide them very w e ll ( e .g ., alcoholism r e h a b ilita tio n , health services f o r m ig ran ts). Respondents were somewhat more divided in t h e ir opinions about what a d d itio n a l reasons were used fo r c o n tra c tin g o u t. "Lower cost" ranks second out o f the seven reasons fo r the combined t o t a l, even though the mean fo r both groups o f o f f ic ia ls is the t h ir d , not the second, lowest o f the a lte rn a tiv e s . In te r e s tin g ly , n e ith e r o f the two p ro vid e r spokespersons who had worked in the s ta te DSS during the e a rly Seventies nor any o f the veteran s ta te o f f ic ia ls selected th is reason fo r t h e ir f i r s t o r second choices. Cost seems to have become more im portant in recent yea rs, but was not a major reason o r ig in a lly fo r using provate p ro vid e rs, according to the more experienced bureaucrats. Some respondents made the im portant p o in t th a t the lo c a lly raised dona­ tio n made the services very a ttr a c tiv e f o r the s ta te government, since no s ta te funds were necessary. State and county o f f i c i a l s 1 considera­ tio n o f cost as a reason fo r using c o n tra c to rs , th e re fo re , does not seem to re ly on comparisons o f DSS' and outside p ro vid e rs' to ta l per-un1t costs o f se rvice (in c lu d in g both the federal and lo ca l amounts plus any o th e r s ta te -in c u rre d expenses). Rather, the ca lcu la te d costs have been the costs to the s ta te government, using the simple rule-o f-thu m b th a t contracted services w ith the lo ca l donation are v ir t u a lly "fre e " fo r 86 the s ta te . I f provided through DSS caseworkers, the s ta te i t s e l f would have to make the match. Thus, fis c a l federalism seems to have removed some o f the Incentives to consider cost as a c ru c ia l fa c to r in c o n tra c t­ ing— i f in fa c t costs otherwise would be a major co n sid e ra tio n . Indeed, even w ith the fix e d s iz e o f the Michigan T it le XX a llo c a tio n sh rin kin g under in fla tio n a r y pressures, the contracted services look lik e a re la ­ tiv e bargain to a DSS th a t has d i f f i c u l t y g e ttin g enough funds to meet the d ir e c t payment needs o f it s growing c lie n te le . Other answers o f somewhat less importance were: lity "g re a te r f l e x i b i ­ in h ir in g and f i r i n g , " "b e tte r o ve rsig h t over cost and performance," and "a way o f strengthening p riv a te agencies o r firm s ." The a lte rn a ­ tiv e s o f " p o lit ic a l p o rkb a rre lin g " and "mandated by federal and s ta te laws and re g u la tio n s " were g e n e ra lly viewed as r e la t iv e ly unimportant reasons f o r c o n tra ctin g o u t. In some s p e c ific cases, however, both o f these reasons have been p a rt o f the decisionmaking process, according to respondents ( e .g ., sweetheart c o n tra c ts , c e rta in money management and guardianship services which by law cannot be performed by DSS employees). Some interview ees also commented th a t the p o litic ia n s , federal regula­ tio n s , and s ta te p o lic y encouraged c o n tra c tin g out under T it le XX, but o v e ra ll these were no longer seen as im portant as o th e r reasons. One o f the problems mentioned by various p u b lic o f f ic ia ls was th a t there a c tu a lly has not been an o b je c tiv e purchasing process in DSS. They complained th a t the s ta te p o lic y governing which types o f services can o r should be bought is unclear, in c o n s is te n t, and su b je ct to a v a rie ty o f in te rp re ta tio n s . Many o f the counties have not conducted needs assessments o r esta blishe d c r it e r ia f o r deciding which types o f services are most necessary. This lack o f o b je c tiv it y and a ra tio n a l 87 decision-making process was seen as too o fte n crea ting problems in deci­ sions about both co n tra ctin g fo r services and making awards to providers. B. Choosing Contractors fo r Awards The usual process o f evaluating co n tra cto r proposals in the coun­ tie s involves fo u r major groups o f o f f ic ia ls : the county DSS s t a f f , the county board o f so cia l services, the department d ire c to r, and the sta te DSS o f f ic ia ls —e sp e c ia lly those in the program and co n tra ct management o ffic e s . The various county p a rtic ip a n ts are given the task o f making awards to co n tra cto rs. But who in the county Is a c tu a lly most in flu e n tia l in the se le ctio n varies from county to county. F ir s t , the county co n tra ct coordinator ( i f there is one), h is /h e r supervisor ( e .g ., services head, deputy d ir e c to r ) , and releva nt program heads review the proposals and make recommendations. G enerally, they are supposed to examine them fo r "completeness, s p e c ific ity o f the pro­ gram d e s c rip tio n con sisten t w ith lo cal o ffic e needs assessments, reason­ ableness and i f w ith in the State [ T itle XX] Plan and Federal goals. I f a proposal contains elements th a t are questionable, the proposing pro vid er is brought in to negotiate o r revise these parts. In many cases, the co n tra cto r alone is the expert on the service i t s e l f —what is p ra c tic a b le , how much various items o r elements co st, which elements are e s s e n tia l, e tc. Frequently, the p u b lic o f f ic ia ls have few means o f comparison (since competing proposals fo r the same service may not be subm itted] and few outside sources o f in fo rm a tio n . The most ofte n nego­ tia te d items include the number o f c lie n ts to be served (u n its o f ser­ v ice ) and the lin e -ite m amounts o f the budget. G enerally, however, the ^Memorandum, Fred Lawless to Local O ffice Manager (A p ril 18, 1979). 88 fin a l proposal form th a t is then passed along to oth er o f f ic ia ls in the co n tra ctin g process is very s im ila r to the o rig in a l proposal submitted by the pro vid er. Next, the social services board examines the proposals and states th e ir preferences o f providers. The board's normal ro le is an advisory one, in which i t reviews, recommends, and comments on the range o f p o li­ c ie s , programs, and problems in the county DSS. In the area o f con­ tr a c tin g , the boards also have the a u th o rity to examine a ll DSS contracts to ensure th a t they conform to sta te statutes and T it le XX (P.A. 237 o f 1975). Each county has a three-member, voluntary board. Two members are appointed by the county board o f commissioners, w h ile the governor appoints the th ir d member. These in d iv id u a ls are generally c iv ic o r business leaders, w ith an in te re s t, but not necessarily any e x p e rtis e , in the social services f ie ld . T heir actual ro le in co n tra ctin g decisionmaking apparently depends upon the in d iv id u a ls who serve on the board, th e ir ro le perceptions, the use the department d ire c to rs make o f them, and the a b il it y o f the s t a f f to "manage" o r influence them. In some counties, the boards were described by interviewees as mere rubber stamps o f the decisions made by in flu e n tia l co n tra ct coordinators o r service heads. In oth ers, respondents expressed some fru s tr a tio n about the co n tra ct decisions o f th e ir boards--sinee they had not always dations. agreed w ith s t a f f recommen­ For example, one county's coordinator had gone along w ith the board's suggestion to s o l i c i t more w idely fo r another money management firm , but concluded th a t the cu rre n t c o n tra c to r, located in the county, should have his co n tra ct renewed. The board decided Instead to award the c o n tra ct to an outside firm w ith several branch o ffic e s in the 89 s ta te . This a c tio n angered the co o rd in a to r, since the change involved much a d d itio n a l work fo r her. The county department d ire c to r has fin a l a u th o rity on awards (sub­ je c t to the approval o f the s ta te DSS d ir e c to r ) . I t depends upon the in d iv id u a l, the department, the board, and even sometimes some outside p o lit ic a l forces as to whose recommendations fo r awards are a c tu a lly approved. Some d ire c to rs take an aggressive ro le in making decisions about c o n tra c ts , w h ile others approve o f the decisions made by key s t a f f members and/or the board. The usual s tra te g y o f most d ire c to rs appears to be to gain s t a f f and board consensus on awarding the c o n tra cts. To determine the reasons fo r co n tra c t choices, I asked the in te r ­ viewees th is question: On what basis is i t decided th a t a c e rta in firm o r agency w i l l receive a c o n tra c t in your program area? State and county o f f ic ia ls chose three major reasons over the o th e rs, in the fo llo w in g order: previous s a tis fa c to ry work in s ta te se rvice s , adequate s t a f f and equipment, and experience in th is general type o f s e rv ic e . Lowest c o st, a plan to f u l f i l l a ll c r it e r ia provided in the s o lic it a t io n package, p o lit ic a l in flu e n c e , and wel1-reasoned arguments why program elements would accomplish the desired goals were mentioned, but r e la tiv e ly in fre q u e n tly . C ontractor spokespersons selected a some­ what d iffe r e n t set o f reasons, in ord er: experience in th is general type o f s e rv ic e , p o lit ic a l in flu e n c e , previous s a tis fa c to ry work in s ta te s e rvice s, and lowest co st. These were the c o n tra c to rs ' percep­ tio n s o f what reasons were used fo r awards, ra th e r than the more d ir e c t observations made by the p u b lic o f f ic ia ls Included in the sample. As f o r the lowest cost choice by c o n tra c to rs , i t was c le a r from t h e ir com­ ments th a t they were th in k in g o f the la te s t round o f c o n tra c t 90 n e g o tia tio n s, where the cost fa c to r was stressed—but usu ally was not a major c r ite r io n fo r awards, according to p u b lic o f f ic ia ls . Contractors also selected the " p o lit ic a l in flu e n ce " a lte rn a tiv e more fre q u e n tly than bureaucrats, perhaps because some had more d ire c t experience w ith p o li­ t ic a l awards, o r because they overstated the in fluence o f p o litic ia n s . On the oth er hand, p u b lic o f f ic ia ls might be somewhat h e s ita n t to admit th a t p o litic s has been an im portant fa c to r in th e ir professional work. Many o f the respondents found i t d i f f i c u l t to answer th is question about the basis o f con tract awards, since a v a rie ty o f c r it e r ia has been used to make choices. From th e ir vantage p o in t, s ta te o f f ic ia ls said th a t the reasons depended on the nature o f the service desired, the county (o r sta te ) o f f ic ia ls involved, and the a v a ila b ilit y o f providers. Most o f the s ta te and county interviewees in dicated th a t freq ue ntly there were few real choices to make--that previous contractors got renewals and new contracts were awarded to the only a v a ila b le , reputable agency in the community equipped to handle the services. The more c r it ic a l choice fo r small and medium-sized counties (and even the sta te program o ffic e s ) has been deciding which services to purchase, because th a t choice in tu rn determined which s u p p lie r could be u tiliz e d . Some o f the counties apparently do not f i r s t consider the service needs, s o l i c i t ju s t fo r the chosen se rvice s, and then make the choice among the proposers. Instead, th e ir s o lic ita tio n s are not lim ite d to a few s p e c ific se rvice s, but are more open In v ita tio n s to in te re ste d pro­ v id e rs. County o f f ic ia ls examine the various proposals they receive and the agencies subm itting them; then they make th e ir awards. In these circumstances, 1 t is d i f f i c u l t to d is tin g u is h two d iffe r e n t decisions in the process—one about the service needs and the other about awards fo r 91 these services. The two decisions apparently are made as one, since the agencies and t h e ir proposals a ffe c t the outcome. In any case, as in d ica te d by the DSS respondents, the agencies u su a lly chosen fo r con tracts are ones th a t, in the opinion o f de cision­ makers, w i l l supply good services f o r c lie n ts and are able to work w ell w ith DSS o f f ic ia ls . Comparing the costs o f various services and agen­ cies has only been done in fre q u e n tly . Not on ly is 1 t extremely d i f f i ­ c u lt to measure and compare the costs and the b e n e fits o f very d iffe r e n t programs, but i t has not been done because o f a lack o f choice among providers and because decisionmakers have not been geared toward making choices on the basis o f costs. In one recent case o f com petition between two money management agencies, the county con tracts co o rd in a to r reported th a t the board o f so cia l services and the s t a f f recommended th a t the agency proposing the lower cost w ith e s s e n tia lly the same ser­ vices not be granted a c o n tra c t. They chose the o th e r, more experienced agency because they believed it s costs were more r e a lis t ic f o r the q u a lity o f services they desired. In making choices about c o n tra c to rs , whether a c o n tra c to r is o f a ra c ia l m in o rity group has not u su a lly been considered as a c r it ic a l fa c to r. I t can be im p ortan t, however, when a p a r tic u la r m in o rity group is targeted f o r a se rvice . In th a t case, o f f ic ia ls t r y to s o l i c i t pro­ posals s p e c ific a lly from m in o ritie s and award the c o n tra c t to a p ro vid er o f the same group. C ontract coordinators in the la rg e r counties w ith s ig n ific a n t m in o rity populations and needs expressed more concern about th is issue. Otherwise, m in o rity c o n tra c to rs ' proposals are tre a te d in the same fashion as are oth e r proposals. 92 C. Reasons fo r Lack o f O b je ct!vH y and Fairness In examining the DSS co n tra ctin g procedures, i t was apparent th a t the s o lic it a tio n methods were not aimed a t increasing com petition, f a i r ­ ness, and o b je c tiv ity . The DSS' award decisionmaking process does not promote these goals, e ith e r. Nor do o f f ic ia ls necessarily choose ser­ vices and providers or the basis o f lowest cost w ith the best q u a lity services. Some o f the counties' decisions on services and awards were s tro n g ly c r it ic iz e d by sta te program and co n tra ct management o f f ic ia ls . One o f f i c i a l , w ith a business background, complained th a t i t has been d i f f i c u l t to tr y to get the program and county s ta ffs to act lik e they are buying services, Instead o f merely funding them. A program head said th a t "some counties are too he avily involved in f a c ilit a t in g frie n d sh ip s instead o f the program goals" th a t are set by the various sta te program o ffic e s . He and other state o f f ic ia ls questioned some o f the awards made by some counties ( e .g ., choosing Dale Carnegie, Inc. to teach General Assistance c lie n ts how to Improve themselves by winning frie n d s and in flu e n c in g people). In a d d itio n , according to DSS o f f i ­ c ia ls , too many o f the counties (and some sta te programs) have become "locked In to " c e rta in o ld e r co n tra cts, such th a t they may not be pur­ chasing the best q u a lity and most necessary services fo r c lie n ts . P art o f the explanation fo r some d is s a tis fa c tio n w ith the choices made Is due to DSS procedures in the decision-making process i t s e l f . F ir s t, the id e n titie s o f the proposers are known to a ll co n tra ctin g p a rtic ip a n ts . As a r e s u lt, fa cto rs besides the proposal can a ffe c t the decisions, in clu d in g la te n t prejudices against c e rta in types o f agen­ c ie s , knowledge o f p o lit ic a l connections, personal fe e lin g s about 93 in d iv id u a ls associated w ith the agencies. Secondly, most o f the coun­ tie s have not established and made known th e ir c r it e r ia fo r se le ctin g services and providers. D iffe re n t p a rtic ip a n ts can use a v a rie ty o f c r it e r ia , some o f which may have l i t t l e the costs, and the q u a lity o f services. to do w ith the, service needs, In w ritin g up proposals, p ro v i­ ders operate in the dark concerning the needs and expectations o f DSS, unless they have access to some inside in fo rm atio n. T h ird , DSS' moni­ to rin g and evaluation procedures have not served to a s s is t decision­ makers. Interviewees suggested th a t co n tra ctin g o f f ic ia ls and the coun­ ty boards o f social services were often handicapped in decisionmaking because they lacked adequate inform ation about the e ffe c ts o f various programs and services on c lie n ts ' problems. I t is not s u rp ris in g then th a t some decisionmakers also allow t h e ir personal re la tio n s h ip s w ith providers and/or outside p o litic a l pressures to influence t h e ir choices. For the most p a rt, the profes­ sional bureaucrats I interviewed disapproved o f these in flu e n ce s, but recognized th a t these fa cto rs sometimes have determined fin a l decisions. (They were not always so aware o f t h e ir own biases and those o f the pro­ gram s t a f f s . ) Therefore, the pattern o f decisionmaking on DSS contracts is at variance w ith th a t assumed by the p u b lic choice school. Often the goals and the co n tra ctin g methods o f DSS o f f ic ia ls are not oriented towards the p u rs u it o f cost savings fo r the government. 1. Relationships Between Bureaucrats and Contractors Next we w i l l examine the re la tio n s h ip s th a t have been b u il t up between the p u b lic co n tra ctin g agents and p riv a te co n tra cto rs. Gener­ a lly , the provider spokespersons interviewed were the d ire c to rs or a d m in is tra tive personnel who were responsible fo r the co n tra ctin g 94 process and op era tion . On the government sid e , s ta te o f f ic ia ls are not u s u a lly as involved w ith co n tra cto rs on a frequent o r fa c e -to -fa c e basis as are county co n tra c t coordinators o r se rvice heads. Both sets o f questions 1n th is se ctio n were designed to explore whether bureaucratc o n tra c to r re la tio n s h ip s are in d ic a tiv e o f c o n tra c tin g co o p ta tio n , where frie n d s h ip s can reduce o b je c tiv it y in decisions about renewals and se rvice needs. Respondents were asked the fo llo w in g question: Use the fo llo w in g terms to describe your own re la tio n s h ip s w ith c o n tra c to rs /p u b lic o f f ic ia ls 1n your area o f c o n tra c t­ in g : 1. 2. 3. 4. 5. close and personal warm and fr ie n d ly s t r i c t l y b u sin e sslike cool and d is ta n t h o s tile and a n ta g o n is tic They were given a frequency ra tin g scale from one through fo u r {always, o fte n , sometimes, o r never) to in d ic a te how o fte n t h e ir re la tio n s h ip s could be characterized in the fiv e above ways. The interview ees' answers seemed to depend in p a rt upon th e ir moods, t h e ir recent e x p e ri­ ences (which had not been a lto g e th e r pleasant during the la te payment problems), and t h e ir in d iv id u a l p e rs o n a litie s . The re s u lts cannot be understood as being very p re cise , th e re fo re . Nonetheless, the general conclusion th a t can be drawn from Tables 2, 3, and 4 is th a t the in te ra c tio n s between bureaucrats and providers are o fte n warm and f r ie n d ly , as described by s ta te , county, and contrac­ to r respondents (83%, 71%, 80%, re s p e c tiv e ly ). R elationships were not not always harmonious fo r some in d iv id u a ls , however. A t le a s t three interview ees in each group stated th a t t h e ir dealings were sometimes cool and d is ta n t, and even h o s tile and a n ta g o n is tic . Two newer Table 2: State D.S.S. Employees' Relationships w ith Providers Frequency: Close and personal Warm and frie n d ly Always S t r ic t ly businesslike Cool and d is ta n t 1 (17%) mm H o stile and antagonistic Often 1 (17%) 5 (83%) 2 (33%) 1 (17%) Sometimes 3 (50%) 1 (17%) 3 (50%) 3 (50%) 3 (50%) Never 2 (33%) 2 (33%) 3 (50%) 6 (100%) 6 (100%) TOTALS 6 (100%) 6 (100%) 6 (100%) ♦One respondent in each category did not answer th is question. Table 3: County D.S.S. Respondents' Relationships With Contractors Frequency: Always Close and personal .. Warm and frie n d ly S tr ic tly businesslike 1 (14*) 1 (17%) Cool and d ista n t H ostile and antagonistic __ Often 2 (29%) 5 (71*) 2 (29%) Sometimes 5 (71%) 1 (14*) 3 (43%) 5 (71%) 3 (43%) 1 (14%) 2 (29%) 4 (57%) 7 (100%) 7 (100%) 7 (100%) Never TOTALS * Due to rounding. 7 (100%) 7 (99%)* Table 4: Contractors' Relationships w ith D.S.S. Contracting O ffic ia ls Frequency: Close and personal Warm and frie n d ly Always S t r ic t ly businesslike Cool and d is ta n t 1 (10%) — i— H ostile and antagonistic __ Often 3 (30%) 8 (80%) 5 (50%) 1 (10%) Sometimes 2 (20%) 1 (10%) 4 (40%) 3 (30%) 3 (30%) Never 5 (50%) 1 (10%) 6 (60%) 7 (70%) 10 (100%) 10 (100%) 10 (100%) 10 (100%) TOTALS 10 (100%) 98 contractors (in c lu d in g the association d ire c to r) and the two providers who had not had DSS contracts renewed reported these le s s -th a n -frie n d ly re la tio n s . Although the c iv i l servants more fre q u e n tly said th a t in te r ­ actions were stra in e d at tim es, i t does not mean th a t they necessarily have a more negative view o f working w ith contractors g e n e ra lly , as compared w ith p ro vid er views o f dealing w ith bureaucrats. These o f f i ­ c ia ls probably have more problems because they sometimes are given the unpleasant tasks o f hearing com plaints, reprimanding u n sa tisfa cto ry pro­ v id e rs , and try in g to explain why contracts are la te , reduced in amounts, o r not renewed. A re la te d question was designed to ascertain i f bureaucrats f e l t they acted as advocates fo r co n tra cto rs, and i f contractors perceived them behaving as such. A bureaucratic advocacy ro le would be in lin e w ith the cooptation approach to p u b lic and p riv a te agency re la tio n s . State and county interviewees were asked: How fre q u e n tly do you see y o u rs e lf acting as an advocate fo r Service providers in your work ( e .g ., as w ith other sta te o f f ic ia ls ) ? Contractors were given th is version: How freq ue ntly do you th in k th a t the service co n tra ct coor­ d in a to r s) in the state/cou nty acts as an advocate fo r your agency and other service providers (e .g ., as w ith other s ta te o f f ic ia ls ) ? A ll were provided w ith the fo u r-p a rt frequency scale (always, o fte n , sometimes, never). Most o f the county co n tra ct coordinators (and ser­ vice supervisors) in dicated th a t they do a ct as advocates fo r contrac­ to rs (Table 5). E ig h ty -e ig h t percent ( fiv e out o f s ix ) said th a t they always o r ofte n take on the advocate ro le . Not s u rp ris in g ly , they reported th is more fre q u e n tly than did the sta te o f f ic ia ls (w ith 50 99 Table 5: Frequency: Advocate Role o f O.S.S. Bureaucrats State Always County Provi ders Totals 2 (33%) 1 (11%) 3 (14%) Often 3 (50%) 3 (50%) 2 (22%) 8 (38%) Sometimes 2 (33%) 1 (17%) 6 (67%) 9 (43%) Never 1 (17%) TOTALS 6 (100%) 1 (5%) 6* (100%) 9* (100%) * One respondent in th is category did not answer the question. 21 (100%) 100 percent in these ca te g o rie s), who are fu rth e r removed from the needs o f con tractors. (Most contractors said they f i r s t go to th e ir county contact i f they have any problems.) As p a rt o f th e ir advocate ro le , county coordinators (as w ell as co n tra ct management o f f ic ia ls ) said th a t they present the needs o f p a rtic u la r providers before other o f f ic ia ls ( e .g ., fo r DSS r e fe rr a ls , tim ely payments) as w ell as being an advocate fo r using contractors to supply DSS services. The pro vid e r spokespersons apparently did not see the co n tra ctin g o f f ic ia ls actin g on t h e ir b e ha lf as fre q u e n tly as the o f f ic ia ls reported. The m a jo rity (67 percent, or s ix out o f nine) said th a t th e ir coordina­ to r only sometimes advocated th e ir p o sitio n s w ith others. (The one con­ tra c to r who responded w ith "always" to the question had only been employed in her agency fo r a few months and p re vio usly she had worked in c o n tra ct p o lic y fo r the s ta te DSS.) From these answers and th e ir comments, I concluded th a t most, but not a l l , o f the s ta te and county o f f ic ia ls t r y to help contractors through what can only be described as a "huge bureaucratic maze," but w ith o u t taking on the ro le o f promoting the causes o f p a r tic u la r agen­ cies when unwarranted. While c e rta in ly sympathetic to the needs o f con­ tra c to rs and to the idea o f purchasing se rvice s, most o f f ic ia ls have not lo s t t h e ir c r it ic a l eye. They reported a number o f cases where con­ tra c to rs had not done th e ir jobs adequately, and where con tractors have tr ie d to work the DSS system to th e ir own advantage (sometimes success­ f u ll y , sometimes n o t). As a re s u lt, contractors cannot assume th a t these o f f ic ia ls w i ll be th e ir a l l i e s . I n my view, 1 t is healthy th a t U r t is possible th a t although the general pattern 1s not coopta­ tiv e , some coordinators may occasionally p re fe r c e rta in agencies because o f frie n d sh ip s. 101 con tractors do not see t h e ir bu rea ucra tic contacts as always a ctin g on t h e ir b e h a lf. They w i l l be more lik e ly to perform b e tte r i f they are somewhat uncertain about the frie n d s h ip o r advocacy ro le o f o f f ic ia ls . On the o th e r hand, not a l l county c o n tra c tin g o f f ic ia ls kept a distance between themselves and c o n tra c to rs . In two o f the co u n tie s, I found good evidence th a t the re la tio n s h ip s between co n tra cto rs and coordinators were co o p tive , instead o f more o b je c tiv e . { I could draw th is conclusion only f o r those counties where I conducted in te rv ie w s . I can only conjecture from s ta te -le v e l Interview s th a t a few o f the o th e r counties might also f i t th is p a tte rn .) These county o f f ic ia ls were anxious to defend t h e ir co n tra cto rs vs. the s ta te DSS; they worked a t promoting cooperative, ra th e r than co m p e titive , re la tio n s h ip s among c o n tra c to rs ; they spoke in very favo rab le terms about t h e ir agencies and the need to keep them going; and they seemed to t r u s t t h e ir con tractors im p lic it ly . They did not see the need to have thorough reviews o f per­ formance- -o n ly enough to prove to others th a t they were doing th e ir jo b s. 2. Role o f P o litic ia n s and P o litic s in C ontracting Although previous questions about c o n tra c tin g d id not show th a t p o lit ic a l pork b a rre lin g and p o lit ic a l pressure were very Im portant fa c to rs , several o f the respondents made vague o r disparaging comments about the a c t iv it ie s o f p o litic ia n s in c o n tra c tin g . To assess more d ir e c t ly how p o litic ia n s get involved and how the respondents re a ct to such involvem ent, the fo llo w in g question w ith s ix a lte rn a tiv e s was asked o f a ll respondents: 102 In your experience in c o n tra c tin g , how do you evaluate the ro le o f most p o litic ia n s ( e .g ., sta te le g is la to rs , county commissioners, c it y counciImen) in the co n tra ctin g process? 1. 2. 3. 4. 5. 6. generally q u ite h e lp fu l not involved enough in co n tra ctin g too in te rfe rin g In decision making hardly involved a t a l l , but th a t’ s the way I p re fe r i t only involved in contracts th a t th e ir con stitue nts want, but otherwise hardly involved a t a ll some other response(s) The p ic tu re th a t emerges from th e ir answers and comments is one in which p o litic ia n s (e s p e c ia lly state le g is la to rs and county commissioners) can and do e xe rt some pressure on co n tra ctin g o f f ic ia ls , but th is is not uniform ly done in a ll counties, nor was i t perceived in negative ways by a ll respondents. In fa c t, seven persons (30 percent) said th a t p o l i t i ­ cians were generally q u ite h e lp fu l (Table 6 ). A county contracts coor­ d in a to r added th a t they can act as a check on the DSS a d m in istra tio n in s p e c ific instances where otherwise im portant fa cto rs would not have been taken in to account in decisions. A sta te CMS supervisor said th a t although they are h e lp fu l, they often do represent t h e ir c o n s titu e n ts ' needs as w e ll. Some providers mentioned th a t o cca sio na lly they have contacted th e ir local representatives or s ta te le g is la to rs , and consi­ dered them h e lp fu l in co n tra ctin g m atters. None o f the respondents believed th a t the elected o f f ic ia ls were not involved enough in co n tra ctin g a f f a ir s . Five (22 percent) said th a t they had found th a t the p o litic ia n s were hardly involved a t a l l , but they preferred i t th a t way. When they did get involved, they usually acted on behalf o f c o n s titu e n t providers* In te re s ts , not those o f the general p u b lic o r DSS c lie n ts , according to nine (.39 percent) o f those Interviewed. This ro le was not always seen as a healthy one by respondents, both p u b lic o f f ic ia ls and providers a lik e . One respondent Table 6: Role o f P o litic ia n s in Social Service Contracting Role o f P o litic ia n s : Generally quite helpful Not involved enough State County 1 (17%) 2 (29%) — Too in te rfe rin g in decision­ making Hardly involved, but th a t's the way I prefer i t 1 (14%) —_ Only involved in contracts constituents want 4 (67%) Some other response 1 (17%) TOTALS * Due to rounding. - - 6 (100%) Providers 4 (40*) Total 7 (30%) ------ — . . 1 (4%) 2 (29%) 3 (30%) 5 (22%) 2 (29%) 3 (30%) 9 (39%) 1 (4%) —- 7 (101%)* 10 (100%) 23 (99%)* 104 said th a t the p o litic ia n s had been too in te r fe r in g a t tim es, w h ile another stated th a t lo c a l p o litic ia n s represented on ly the in te re s ts o f frie n d s and re la tiv e s . Both providers and p u b lic o f f ic ia ls to ld o f cases in t h e ir county o r o th e r counties where c e rta in decisions were a ffe c te d by p o lit ic a l fo rce s. Two o f the providers interview ed had been pointed out by o f f i ­ c ia ls o r by themselves as being the re c ip ie n ts o f sweetheart c o n tra c ts -made as a re s u lt o f a special p o lit ic a l re la tio n s h ip w ith the s ta te DSS d ire c to r and/or a powerful s ta te re p re se n ta tive . (One o f these no longer is a tru e sweetheart, since i t began to receive more s c ru tin y a f t e r d e c e n tra liz a tio n . The d ir e c to r said h is agency keeps g e ttin g con­ tra c ts becasue o f in e r t ia . ) Such con tracts are the exception, most a ffirm e d , but they ir r it a t e d c o n tra c tin g o f f ic ia ls nevertheless, some­ times because they thought some oth e r agency could do a b e tte r jo b or another se rvice was needed more by c lie n ts . A s ta te program head was p a r tic u la r ly angry a t the s ta te le g is la ­ tu re as a whole, since i t had s p e c ifie d a c o n tra c t w ith a c e rta in agency in her program area. For two years, i t required DSS to purchase preg­ nancy counseling services from a p riv a te a n ti-a b o rtio n agency, against the desires o f her o ffic e and the department. (This was p a rt o f the on-going tu g -o f-w a r between the s ta te le g is la tu re and the Governor over the a b o rtio n is s u e .) A s ta te DSS respondent mentioned th a t some o f the county boards o f s o c ia l services were also h e a v ily in flue nce d by p o lit ic s — th a t some members were a c tu a lly h ig h ly p o lit ic a l appointments, e s p e c ia lly in sm alle r cou ntie s. On occasion, p a rtisa n c o n flic ts also erupted in counties w ith a Democratic county board o f commissioners (which appoints 105 two o f the three members). One o f the providers complained o f "rampant p o litic s " in one o f the counties where he had lo s t a c o n tra c t. In th is unusual case, apparently the board decided to make only one co n tra ct instead o f d iv id in g up it s a llo c a tio n , la rg e ly due to the a c tiv e lobby­ ing o f senior c itiz e n s fo r a set o f services they wanted. In sum, elected o f f ic ia ls have had a ro le in various con tract decisions throughout the Seventies, according to interview ees. On occa­ sion, they have used th e ir resources to influence co n tra ctin g o f f ic ia ls to make choices they otherwise would not have made. In p a r tic u la r , some providers and th e ir constituencies have established strong tie s w ith in flu e n tia l p o litic ia n s and appointed o f f ic ia ls . Because o f th e ir re la tio n s h ip s , i t has been d i f f i c u l t to reduce o r e lim in a te c e rta in services and pro vid ers, when the s t a f f believes a change is warranted. This p o lit ic a l muscle has not been flexed o fte n , but c o n tra ctin g p a r t i­ cipants understand t h e ir p o te n tia l power—and, th e re fo re , a ct w ith cau­ tio n in suggesting changes in services and awards. I t is not s u rp ris in g th a t almost a ll "o ld " contracts have been ro u tin e ly renewed in the coun­ tie s and the sta te program le v e l. The ones th a t have been elim inated or reduced have usually been w ith providers who did not have bureaucratic o r p o lit ic a l a llie s in key p o s itio n s . be exerted only serves to strengthen thep o s itio n ders. Thep o lit ic a l pressure th a t could o f mostcu rre n t p ro v i­ I t acts as y e t another c o n s tra in t upon co n tra ctin g decisionmaking to narrow the range o f choices th a t the DSS can consider. IV. The Watchdog Role o f DSS A. Review Procedures Now our a tte n tio n focuses on one o f the most im portant parts o f the c o n tra ct process— the government's m onitoring and evaluation o f cost 106 and performance. Those in the p u b lic choice school who advocate con­ tr a c tin g out as a s o lu tio n to government in e ffic ie n c y assume th a t the re le va n t government u n it can determine th a t it s money is spent as agreed upon, and th a t the performance and e ffe ctive n e ss o f the services make the con tracts w orthw hile. Id e a lly , then, the c o n tra c to r should undergo rigorous s c ru tin y in three areas—expenditures, performance o f the ser­ vices as s p e c ifie d , and the longer-range e ffe ctive n e ss o f the services. (The la s t type o f eva lu a tio n is p a r tic u la r ly necessary in the area o f human s e rv ic e s , since the goals are u su a lly to change people, t h e ir behavior, o r t h e ir circum stances.) O bviously, th is ro le f o r governments also requires the u t iliz a t io n o f these reviews—so th a t the cost and performance feedback has a d ir e c t e ffe c t upon the fu tu re decisions made. The c o n tra c t owner can use th is in fo rm a tio n to determine i f the co n tra c t should be renewed, i f another service p ro vid e r should be sought, i f the government u n it should provide the service i t s e l f in ste ad , o r i f the service should not be provided a t a l l . I t is only w ith these options a v a ila b le th a t the government can a ct as an e ffe c tiv e watchdog over the p u b lic purse and the services. In Michigan, the two most im portant parts o f the DSS review pro­ cess are the m onitoring o f expenditures ( in accordance w ith DSS book­ keeping methods) and the determ ination o f e l i g i b i l i t y f o r service re c ip ie n ts . The DSS' reviews are less o rie n te d toward eva lu atin g service performance and the long-term outcomes fo r c lie n ts . A f a ir amount o f v a ria tio n e x is ts among cou ntie s, however, since each county DSS determines the reviews i t wishes to do. Only the p e rio d ic re p o rt­ ing o f expenditures and u n its o f se rvice 1s required o f providers by s ta te c o n tra c t a d m in is tra tio n . 107 The s ta te co n tra c t management o ffic e is given the re s p o n s ib ility o f overseeing the expenditure and e l i g i b i l i t y review processes and a s s is tin g counties and providers w ith t h e ir many forms. The o ffic e is almost e x c lu s iv e ly concerned w ith examining co n tra c t compliance, not w ith service performance, q u a lity , o r impact. supposed to : C ontract s p e c ia lis ts are 1} determine in a general way i f adequate bookkeeping systems are in place; 2) review the p ro v id e rs ' q u a rte rly progress reports on enrollm ents and services performed; and 3) conduct occasional o n -s ite f ie ld v is it s to give assistance where problems e x is t, to examine the f a c i l i t i e s and services f o r compliance, and to go through f ile s to check a t random on c lie n t e l i g i b i l i t y . Due to reduced s t a f f , in the la s t year o r more, the f ie ld v is it s have been reduced in number and lim ite d only to a few agencies o r counties w ith obvious problems. County c o n tra c t coordinators sometimes do t h e ir own o n -s ite v is it s as w e ll. Expenditure and progress reports are f i l l e d out by con tractors and sent on to the county o f f ic e . I f any performance review or in - depth evaluations are done, they are conducted by the county DSS, often a t the request o f the lo cal d ire c to r o r the board o f s o c ia l services. Because o f inadequate s t a f f and funding in most counties, these types o f reviews are f a i r l y Inform al and in fre q u e n t. Only three o f the seven counties reported doing more in-depth forms o f e v a lu a tio n , and then only f o r some se rvice s. C lie n ts are not contacted fo r t h e ir viewpoints and suggestions, except by some providers f o r t h e ir own eva lu a tio n re p o rts. Sub-contracts are not required to be reviewed fo r use o f funds o r f o r performance, as the main co n tra cto rs are p rim a rily respon­ s ib le fo r these se rvice s. And the Inform a tion used f o r performance reviews is m ainly compiled by the co n tra cto rs themselves. In s h o rt, 108 the contractors can usually "get by" w ith f i l l i n g out the required forms, since s ta te and county scru tin y is spo tty and depends so heavily on s e lf-re p o rtin g . The other method th a t has been used to check on costs and compli­ ance is the p o st-a u d it o f expenditures. ways. This can be done In a couple Some o f the agencies sub-contract w ith an independent accounting firm fo r an annual a u d it and include the cost in th e ir budget. send copies o f the re p o rt to the county and/or sta te o ffic e s . They Audits are also conducted by the in te rn a l a u d it s t a f f o f the s ta te DSS. Agen­ cies e ith e r are picked a t random fo r the a u d it, o r are selected on the basis o f a request by program or co n tra ct s t a f f a t e ith e r government level because o f suspicion o f frau d, inadequate bookkeeping procedures, o r non-compliance w ith the terms o f the c o n tra ct. Such fis c a l audits usually take place w ith in s ix months to a year a fte r the end o f the co n tra ct. Therefore, th e ir re s u lts may not be known u n til a fte r con­ tra c ts have been renewed once or even tw ice. Even though fu tu re con­ tra c ts might not be made a fte r negative fin d in g s , funds may have been misspent fo r a period o f two or three years. One respondent reported th a t o f f ic ia ls have not always prosecuted in c le a r cases o f fraud because o f p o lit ic a l pressure. Instances o f mismanagement o f funds have been found to pose d if f ic u lt ie s in recouping losses as w ell because o f the c o n tra c to rs ’ apparent good in te n tio n s and the time and costs involved. A few contracts have, however, been revoked o r terminated before the s p e c ifie d end o f the co n tra ct year fo r various reasons, in clu d in g the improper use o f funds, u n sa tisfa cto ry service performance, fa ilu r e to provide the sp e cifie d se rvice , o r fouled-up bookkeeping. Some o f 109 these contracts were ended by mutual agreement, as in cases where the p ro v id e r was unable to get the program s ta rte d up on tim e, w h ile oth e r co n tra cto rs were only discovered to be in non-compliance when an a u d it was done ( e .g ., in a case where 1 t was found th a t an agency did not e x is t) . In a d d itio n , in the la s t year several con tracts were term inated and many reduced in funding because o f the s ta te 's lack o f funds. None o f the interview ees knew o f any o f f i c i a l suspensions o r debarrments th a t re s u lte d from the various cases o f c o n tra c to r fra u d , although a couple la w su its have been in the courts to get back the money th a t was paid out. Nonetheless, several co n tra cto rs have been u n o f f ic ia lly elim in ated from fu r th e r con sid era tion f o r s o lic ita tio n s o r awards because o f th e ir previous problems. B. Opinions About DSS Review Procedures Two questions about the review procedures in contracted services were asked o f a l l the respondents to help in eva lu atin g the e xte n t and e ffe c tiv e n e ss o f DSS' watch-dog ro le . One question o ffe re d a forced choice: In your area, do you be lieve th a t the m onitoring and e va lu a tio n o f con tractors is : 1. 2. 3. 4. 5. 6. too s t r i c t , w ith too much unnecessary and burdensome paperwork involved not adequate to oversee expenditures not adequate to evaluate performance not s t r i c t enough to oversee expenditures o r to evaluate performance adequately ju s t about r ig h t some o th e r response(s)? None o f the bureaucrats chose e ith e r o f the f i r s t two a lte rn a tiv e s (Table 7 ). A ll o f the s ta te o f f ic ia ls said they thought the cu rre n t review process was e ith e r inadequate to evaluate performance (tw o, 33 Table 7: Monitoring and Evaluation o f D.S.S. Contractors Monitoring and evaluation is : State County Too s t r ic t , w ith too much paperwork Not adequate to oversee expendi tures Providers 3 (27%) - - Totals 3 (13%) __ Not adequate to evaluate performance 2 (33%) 1 (14%) 3 (27%) 6 (25%) Not s t r ic t enough fo r expenditures or performance 4 (67%) 3 (43%) 2 (18%) 9 (38%) Just about rig h t __ 2 (29%) 2 (18%) 4 (17%) Some other response ,— 1 (14%) 1 (9%) 2 (8%) 7 (100%) 11+ (99%)* 24 (101%)* TOTALS 6 (100%) + One respondent gave two answers to th is question. * Due to rounding. I ll percent) o r inadequate fo r reviewing both expenditures and performance (fo u r, 67 p e rcen t). None in th is sta te category said th a t the reviews were ju s t about r ig h t. The county coordinators and service heads were more divided in th e ir answers. Two (29 percent) o f them said they thought the m onitoring and evaluation were ju s t about r ig h t in t h e ir county, although one o f them acforitted th a t performance reviews were ju s t barely adequate. Three (43 percent) did not th in k e ffo r ts were s u f f i­ c ie n t fo r reviewing e ith e r costs o r performance, w h ile one (14 percent) said th a t performance was not evaluated adequately. (One o f the respon­ dents emphasized th a t the lite r a t u r e about m onitoring and evaluating contracted so cia l services was also inadequate.) Another services head stated th a t the process was not too s t r i c t , but i t was " t e r r ib ly cumber­ some from s t a r t to f in is h , and confusing fo r p ro v id e rs ." Some o f the providers agreed w ith th is view. Unlike the sta te and county respondents, some contractors chose the f i r s t response (th re e , 27 p e rce n t), but they emphasized "the unnecessary and burdensome paperwork" more than the fa c t th a t the process was too s t r i c t . The p a rt o f th e ir work th a t was h e a vily s c ru tin iz e d and required so much time was the e l i g i b i l i t y v e r ific a tio n , not th e ir performance. Three (27 percent) others said the performance evaluations were inadequate, and two (18 percent) said th a t both the expenditure and performance reviews were in s u ffic ie n t. Of the ten p ro vid e rs, two judged the process to be ju s t about r ig h t, although they also had some problems w ith i t , as they revealed in the answers to another more open-ended question on the sub­ je c t. Another agency a d m in is tra to r thought the reviews were "O .K., but a c c o u n ta b ility is im portant, and m onitoring can be improved." The fo llo w in g question was also asked o f a ll respondents: 112 What do you believe are the major problems involved in the m onitoring and evaluation o f performance? Respondents pinpointed several problems* but the consensus seemed to be th a t DSS o f f ic ia ls did not have the re q u is ite resources to do careful reviews— tim e, s t a f f , money, e xp e rtise —so they hardly do them a t a l l . They usu ally depend upon the providers to re p o rt on th e ir service qua­ l i t y and effectiveness in an annual re p o rt. State o r county reviews are p rim a rily a paper process, not evaluations o f performance. Because ser­ vice s ite s are p h y s ic a lly removed from them and program supervisors, responsible county o f f ic ia ls have not been able to keep in frequent contact w ith providers and th e ir s ta ffs to m onitor th e ir performance on an on-going basis, as is done w ith DSS caseworkers. Providers admitted th a t not much m onitoring and evaluation is done by anyone, although some suggested i t might be healthy to have greater DSS s c ru tin y , involvement, and communication about th e ir services. Almost a ll o f the respondents {both o f f ic ia ls and providers) reported having d i f f ic u lt y w ith various elements o f the evaluation e n te rp ris e , and suggested th a t these were major reasons fo r inadequate performance reviews. One o f the major stumbling blocks was being able to develop "a s t a t is t ic a l evaluation tool th a t has both c r e d ib ilit y and v a lid it y , " in the words o f a county contracts coordinator. Interviewees mentioned the lack o f standard evaluation measures o f service q u a lity , performance, outcomes, and impact. With many d iffe r e n t services being purchased, th is problem becomes more seriou s, since the same evaluation too l cannot be used to evaluate a ll programs. Then, too, a couple o f f ic ia ls stated th a t i t is d i f f i c u l t to compare d iffe r e n t agencies' performance and outcomes as a basis fo r decisions about the contracts 113 (because o f sole source c o n tra c tin g }—" i t ' s oranges." lik e comparing apples and A s ta te program head reported th a t when her o f fic e attempted to develop some outcome measures f o r contracted s e rv ic e s , the Attorney General's O ffic e n o tifie d her th a t co n tra cto rs cannot be held le g a lly accountable to meeting c e rta in d e sira b le outcomes— they could be held accountable only fo r perform ing the services as agreed. Several respondents also mentioned th a t id e a lly frequent c lie n t evaluations and follow -ups shouldbedone as a way o f measuring the con­ tr a c to r s ' performance and long-run e ffe c tiv e n e s s . According to in t e r ­ viewees, these are d i f f i c u l t to get because o f f lu i d populations in some areas and because o f a lack o f knowledge about how "to develop a worka­ ble and honest c lie n t e v a lu a tio n ." Some o f the p ro vid e rs, however, do tr y to get the views o f t h e ir c lie n ts . Others complained about the procedures to use in doing performance m onitoring and evaluations ( i f they can be done a t a l l ) . Both county o f f ic ia ls and providers said th a t the s ta te does not provide co n siste n t p o lic ie s and s p e c ific g u id e lin e s about how, when, and why reviews should be done. lity A s ta te program o f f i c i a l said i t is the cou ntie s' re sp o n sib i­ to develop review and re p o rtin g systems to give them the necessary in fo rm a tio n — but they have f a ile d to do so. A CMS respondent said the major problem is deciding who is supposed to do the jo b " in th is bureaucratic mess." Providers saw some a d d itio n a l problems in the procedures th a t are employed. One o f the few review methods c o n s is te n tly used by s ta te m onitors is to v i s i t an agency (u s u a lly annually) w ith the sole pur­ pose o f p u llin g one o r two cases out o f the f ile s to examine them fo r e l i g i b i l i t y , compliance, and completeness. This was thought by some to 114 be both Inadequate and u n fa ir. One pro vid e r also complained about the fa c t th a t d iffe r e n t monitors look fo r d iffe r e n t th in g s , such th a t p ro v i­ ders are unsure o f how to comply w ith DSS reviews. Adding to the gener­ al problem, according to pro vid ers, is th a t DSS reviewers know l i t t l e about the services th a t agencies provide o r about the c lie n ts ' needs. This ignorance a ffe c ts not only the methods and measures used to monitor and evaluate, but also the proposal and award decisions. These in te rvie w s w ith both p u b lic o f f ic ia ls and providers show how weak the DSS review process is fo r contracted services. The state and county u n its are usu ally able to m onitor e l i g i b i l i t y , compliance, and expenditures adequately. w ell enough, however. Performance and effectiveness are not evaluated Without relevant and c o rre c t inform ation about the services and th e ir e ffe c ts on c lie n ts , decisions about awards and renewals must be based on oth e r fa c to rs —p o lit ic a l in flu e n c e , a ttitu d e s o f caseworkers and supervisors, previous experience, rep uta tion in the community, b e lie fs about what the c lie n ts re a lly need— ra th e r than whether the services meet these needs. V. B enefits o f Contracting Out Although the main th ru s t o f th is chapter has been to examine the conditions o f co n tra ctin g th a t are assumed by the p u b lic choice approach, we also can in d ir e c tly evaluate whether the expectations o f lower cost and b e tte r services are f u l f i l l e d in DSS. Contracting o f f i ­ c ia ls mentioned fre q u e n tly th a t they lack data on these m atters, but most could estimate the general outcomes o f c o n tra c tin g . Therefore, we w i ll depend upon the opinions o f the various p a rtic ip a n ts to study cost and performance. 115 A. The Cost o f C ontracting Out According to c o n tra c tin g advocates, the stro n g e st argument in favo r o f purchasing services is th a t i t w i l l lead to s ig n ific a n t cost savings f o r government. To determine whether th is expectation has m a te ria liz e d in DSS c o n tra c tin g , in the view o f respondents, I asked th is question: In the contracts and services you work w ith , do you th in k c o n tra c tin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than, government d e liv e ry o f those services would? In response, 15 o f the 23 said th a t the p riv a te agencies/firm s could provide services a t a lower cost than could the government (Table 8). Not s u r p r is in g ly , the providers themselves held the stro n g e st support fo r th is answer w ith 80 percent (e ig h t o f the te n ). But county c o o rd i­ nators also s tro n g ly believed th a t costs are lower under co n tra ctin g o u t, w ith 71 percent ( f iv e out o f seven) choosing th is response. Gener­ a lly , the s ta te o f f ic ia ls in the program and c o n tra c t o ffic e s did not share t h e ir enthusiasm—only 33 percent selected the lower cost a lte rn a ­ t iv e . Perhaps in t h e ir p o s itio n s they can see how much is involved in c o n tra c tin g compared to d ir e c t services. In general, the s ta te and county o f f ic ia ls were not c e rta in about the r e la tiv e costs, since no one had any hard data to make such compari­ sons. Some mentioned the d i f f i c u l t y in accu rate ly assessing a ll o f the co sts, since the c o n tra c t amount is no in d ic a tio n o f the to ta l costs o f a d m in is tra tio n and se rvice . The reasons they and providers gave fo r why lower costs m ight be re a liz e d w ith c o n tra c tin g came down to one major fa c to r —s a la rie s and frin g e b e n e fits f o r workers in p riv a te counseling 116 Table 8: The Cost o f Social Services Under Contract State County Providers Less than p u b lic 2 (33%) 5 (71%) 8 (80%) 15 (65%) Equal to p u b lic 2 (33%) 1 (10%) 3 (13%) More than p u b lic 1 (17%) 1 (10%) 4 (17%) Don11 know or no answer 1 (17%) Cost: TOTALS 6 (100%) • _ 2 (29%) Total 1 (4%) 7 (100%) 10 (100%) 23 (100%) 117 agencies are u su a lly lower than fo r county DSS caseworkers. 12 One o f f i ­ c ia l added th a t the 25 percent donation obviously made i t less expensive to c o n tra c t out. Another said th a t the government b e n e fits by using ou tside s u p p lie rs th a t already have se t up an o rg a n iza tio n o f s p e c ia l­ ized personnel. On the o th e r hand, several o f f ic ia ls argued th a t although i t seems less c o s tly to c o n tra c t o u t, several fa c to rs cancel out the savings on some o f the s a la rie s and frin g e s , and may even make the services more expensive in the long run. These fa c to rs they mentioned Include the e x tra , sometimes hidden, costs o f c o n tra c tin g paperwork, a d m in is tra tio n , and review ; g re a te r expenses fo r some o f the more s p e cia lize d services f o r which pay scales are s ig n ific a n tly h ig h e r; the b e lie f th a t '‘ there are as many r ip - o f f a r t is t s in the p riv a te se cto r as in the p u b lic ;" and the b e lie f th a t p e r-u n it costs o f services are lower in the p u b lic sec­ t o r , probably because o f la rg e r case loads. B. The Q u a lity o f Contracted Services Even i f the cost o f DSS contracted services is equal to o r less than p u b lic ly -p ro v id e d services would be, e ffic ie n c y and e ffe ctive n e ss may not ch a ra cte rize the services i f the performance is not acceptable. Therefore, the respondents were questioned about the q u a lity o f se rvi ces: For the con tracts and services you work w ith , do you th in k c o n tra c tin g w ith p riv a te agencies o r firm s re s u lts in poorer s e rv ic e , about the same q u a lity o f s e rv ic e , o r b e tte r ser­ vice fo r re c ip ie n ts than government se rvice d e liv e ry would? 19 Two pro vid ers mentioned a re p o rt th a t documents th is and argues fo r increased u t iliz a t io n o f p riv a te agencies, Michigan Federation o f C hild and Famfly Agencies, In P artnership With the P ublic (May, 1979), pp. 15-18. 118 With th is question, an in te re s tin g phenomenon occurred (Table 9). Nine­ ty percent o f the providers judged the q u a lity o f th e ir services to be b e tte r than the government's. agree th is tim e. County coordinators, however, did not Instead, the m a jo rity (62.5 percent, or fiv e out o f e ig h t) said the q u a lity was only equal to th a t o f services delivered mainly by county DSS caseworkers. This re s u lt may be due to a clo ser observation o f DSS caseworkers and co n tra cto rs, or because o f a possible cou nty/pu blic sector lo y a lty . But on th is question, three o f the s ix s ta te bureaucrats claimed th a t the services are b e tte r in the p riv a te sector. For the to ta ls , 91 percent (21) o f those interview ed stated th a t p riv a te s o d a ! services d e liv e ry was equal to o r b e tte r than p u b lic ser­ vice d e liv e ry . No one said th a t contracted services were poorer in qu ali ty . Respondents generally were less te n ta tiv e in t h e ir answer and comments on th is question. Athough they had no hard data comparing the co n tra c to rs' performance w ith th a t o f DSS caseworkers, many respondents were c e rta in o f t h e ir answers because o f th e ir personal experiences, th e ir general social work stu d ie s, and/or th e ir a p p lic a tio n o f lo g ic to the issue. P ublic o f f ic ia ls who said th a t the p riv a te services were generally b e tte r gave the fo llo w in g reasons: "they d o n 't have to serve DSS c lie n ts , so they d o n 't burn out o r get discouraged;" "g e n e ra lly , the education and experience le vel o f p riv a te s t a f f is higher" (e .g ., higher number o f M.A. degrees); "reimbursement is based on q u a lity and outcomes, not ex1stance—we can term inate the co n tra ct oth erw ise;" "more f l e x i b i l i t y to drop the c o n tra c t;1' "we buy i t w ith the expectation that the service w i l l be b e tte r than can be done in-house;" "b e tte r over­ s ig h t;" "personalized, sm aller case loads, greater v a rie ty o f services, 119 Table 9: The Q ua lity o f Social Services Under Contract Q u a lity : State County B e tte r than p u b lic 3 (50%) 3 (37.5%) Equal to p u b lic 2 (33%) 5 (62.5%) Poorer than publ 1c Don't know or no answer TOTALS — — 1 (17%) 6 (100%) 8* (100%) Providers Total 9 (90%) 15 (63%) 7 (29%) • • — ------ 1 (10%) 2 (8%) 10 (100%) 24* (100%) * One respondent chose two responses w ith q u a lific a tio n s fo r each. 120 id e n tific a tio n w ith c lie n ts is c lo s e r, and they can se le ct th e ir c lie n ts " (.besides the sta te re c ip ie n ts ). Several respondents q u a lifie d th e ir statements about the q u a lity being equal to o r b e tte r in the contracted services w ith comments lik e these: services are b e tte r i f i t is a "sp e cia lize d agency th a t does things th a t the government d o e s n 't," but about the same q u a lity i f the service is counseling; i f the service is already provided in the commu­ n ity , i t is b e tte r, but i f i t is an unpopular service, then the govern­ ment could provide b e tte r service ( e .g ., p ro te c tiv e services fo r c h il­ dren); " i t depends on the agency—some are b e tte r than o th e rs ." Those who claimed th a t service q u a lity was roughly equal in the two sectors said th is was the case because o f: equal o v e rs ig h t; the fa c t th a t government has the money to keep an agency going; "high standards in both the agencies and DSS;" "a c c o u n ta b ility is about equal;" they "must see to i t , through m o n ito rin g ;" "th e y 're a ll s k ille d p ro fe ssio n a ls, whether in the government o r n o t." Agency d ire c to rs and spokespersons were even more e n th u s ia s tic about the p riv a te services. The service q u a lity is b e tte r, they said, because o f "s p e c ia liz a tio n and a sm aller span o f control over q u a lity ;" b e tte r a ttitu d e s toward work and se rvice , as w ell as b e tte r knowledge o f how to help c lie n ts ; "DSS caseworkers have heavier caseloads, but we have more time and personal contact" in p riv a te agencies; " s t a f f tu rn ­ over is much lo w e r;" "b e tte r s t a f f s e le c tio n and su p e rvisio n ;" "more p a rtic ip a tio n in running program;" "sm aller u n its ;" "g re a te r m o tiva tio n , c r e a tiy ity , and pro fessio na lism ." 121 C. Slowdown in Government Growth C ontracting out proponents have not only expected th a t cost sav­ ings w ith good q u a lity services could be re a liz e d , but they have also maintained th a t c o n tra ctin g would be lik e ly to lead to a slowdown in the growth o f government--an im portant goal to most p u b lic choice th in ke rs . But has th is been a re s u lt o f the DSS experience w ith contracting? Government growth can be examined from two perspectives—growth in the expenditures o f the government, and growth in the number o f p u b lic employees. In both respects, the DSS co n tra ctin g experience does not meet up w ith the p u b lic choice expectation. The o rig in a l federal le g is ­ la tio n was designed to spend money— and because o f the way the law and regulations were worded, a t u n co n tro lla b le ra te s , u n til 1972. M ichi­ gan's share o f the federal grants grew from approximately $16 m illio n in FY71 to over $100 m illio n in FY76, in p a rt because o f the Increase in purchase-of-service through both agreements and co n tra cts. 13 Contracts s ta rte d o f f ra th e r slow ly and never reached the le ve ls o f many other s ta te s ; y e t they have continued to be an im portant means fo r providing services. 14 A fte r 1975, the sta te began to manage it s funds c a re fu lly to stay w ith in it s T it le XX li m it . Where government had not previously funded se rvice s, by the mid-Seventies, the sta te had given out large amounts o f federal money by c o n tra ct. No one knows exa ctly how much because o f t h e ir budgeting p ra c tic e s . 33D e rth ick, op. c i t . , p. 100. 14 B il l Benton, Tracey F e ild , and Rhona M illa r , Social Services Federal L e g is la tio n vs. State Implementation CWashington: The Urban I n s t it u t e , 19781, p. 111. This re p o rt o ffe rs a good overview and com­ parison o f T it le XX s ta te implementation. 122 In a d d itio n , both before and a fte r d e c e n tra liz a tio n , as DSS became more concerned w ith a c c o u n ta b ility and staying w ith in the c e ilin g , large numbers o f people were hired by DSS to make and adm inister the contracts. As a r e s u lt, not only did more federal monies get spent on c o n tra cts, but also more sta te funds were used fo r a d m in istra tio n . Cone!usion Although lim ite d p rim a rily to the interview s w ith co n tra ctin g p a rtic ip a n ts , th is analysis o f DSS co n tra ctin g provides a means o f evaluating the th e o re tic a l assumptions and expectations o f the p u b lic choice perspective. The evidence in th is case is a t odds w ith the o p ti­ m is tic p ic tu re o f the con tractin g proponents on several im portant p o in ts. Above a l l , i t is c le a r th a t DSS co n tra ctin g has seen only in fr e ­ quent com petition among providers fo r c o n tra cts, due to both the social services environment and DSS1 procedures. Consequently, the range o f choices fo r o f f ic ia ls has been circum scribed, p a r tic u la r ly in sm aller counties and more spe cia lize d services. Some contractors and t h e ir p o lit ic a l a llie s have also contributed to the reduction o f choice and f l e x i b i l i t y —both o f which are supposed to be key advantages o f con­ tra c tin g fo r government. The decision-making process in DSS c o n tra ctin g does not conform w ell to the p ic tu re im p lic it in the w ritin g s o f p u b lic choice th e o ris ts . C ontracting apparently does not m agically transform s e lf-in te re s te d bureaucrats and oth er p u b lic o f f ic ia ls in to o b je c tiv e in d iv id u a ls who sim ply judge proposals and make awards on the basis o f lowest cost w ith the best q u a lity service output. Rather, in d iv id u a l values o f s ta b i­ l i t y , p r e d ic ta b ility , c o n tin u ity , frie n d s h ip , and p o lit ic a l favor 123 have a t times a ffe cte d th e ir s o lic ita tio n s and fin a l decisions. To begin w ith , the search fo r p o te n tia l providers is narrow, usu ally stopping w ith previous co n tra cto rs. Often o f f ic ia ls s a tis fic e , ra th e r than maximize, by ending th e ir s o lic it a tio n process a fte r lo c a t­ ing a m inim ally acceptable, lo cal p ro vid e r th a t can also make the requi­ s ite donation. When reviewing proposals, o f f ic ia ls have l i t t l e outside, o b je c tiv e inform ation to use to evaluate past and fu tu re performance. They may not have much re le va n t knowledge about the services or c lie n t groups' needs, and thus must depend upon the p ro vid e rs' plans and in fo rm atio n. In the past, cost comparisons have ra re ly been used as a c r ite r io n fo r awards; in ste ad , o f f ic ia ls have been concerned about con­ tra c tin g w ith reputable agencies th a t they believe (sometimes on f a it h ) could d e liv e r necessary, and g e ne rally good q u a lity services. Even then, however, th e ir decisions have been influenced by p o lit ic a l pres­ sure, past commitments, biases o f program s t a f f , e tc . A ll o f th is adds up to an incremental decision-making process in which feedback is lim ite d and changes in p r io r it ie s and awards are d i f f i c u l t to bring about. But does the absence o f a ra tio n a l decision process, o f competi­ tio n , and o f an adequate watchdog ro le mean th a t OSS is not g e ttin g low cost, good q u a lity services? Not ne cessa rily. Ouc lim ite d e xp lo ra tio n o f the expected b e n e fits o f co n tra ctin g in dicates th a t the p riv a te ly provided services are generally o f good q u a lity . The strong pro fes­ sional e th ic , the e xp e rtise , and the commitment to the needy help to explain why most o f the providers probably do perform w ell under con­ tr a c t. Those contractors interview ed said they welcomed evaluation i f i t could help them become more e ffe c tiv e . (But what would they say i f 124 these evaluations could also lead to the e lim in a tio n o f th e ir contracts?) They were proud o f th e ir agencies and th e ir accomplishments. And i t probably can be sa fe ly said th a t a t le a s t some agencies work a t pro vid­ ing t h e ir services w ell a t acceptable cost le ve ls because they fe a r o f la te (not always r e a lis t ic a lly ) th a t otherwise th e ir contracts could be reduced o r terminated. I am not convinced, however, th a t s ig n ific a n t cost reductions have been re a liz e d through c o n tra ctin g . Any savings to the sta te (as compared w ith in-house p ro visio n ) have occurred because o f the donation requirement and the federal source o f the funds. And c e rta in ly the le g is la tio n and the a v a ila b ilit y o f outside providers has con trib u te d to the growth, not the c u rta ilm e n t, o f government in th is case. While these outcomes do not in d ic t co n tra ctin g i t s e l f , they do illu s t r a t e how th is method o f service supply can be used fo r q u ite d iffe r e n t purposes and lead to d iffe r e n t outcomes than those envisioned by con tractin g advocates. The two perspectives o f market im perfections and cooptation have suggested th a t these fin d in g s about the conditions should come as no su rp rise . Under conditions o f few providers and inadequate in fo rm atio n, co n tra ctin g out may not have in d isp u ta b le over in-house p ro v is io n , as suggested by the economic perspective. Competition among p o te n tia l providers has been reduced both by the market provisions and by the DSS match requirement. Therefore, o f f ic ia ls have had only lim ite d choice fo r service su p p lie rs. Because o f inadequate needs assessments, DSS has also lacked necessary in fo rm atio n about the needs o f c lie n ts . In expenditure and performance reviews, DSS has u su a lly had to depend upon in fo rm atio n from the providers themselves, since department 125 resources have been very lim ite d . In these ways then, the perspective o f market im perfections has more c lo s e ly approximated the actual condi­ tio n s o f c o n tra c tin g than has the p u b lic choice approach. In c e rta in circum stances, these co n d itio n s can lead to cooptive re la tio n s h ip s between o f f ic ia ls and c o n tra c to rs , in which co n tra cto rs can have a major in flu e n c e on the choices o f government. ta tio n was not obvious o r wide-spread. In DSS, coop­ Nonetheless, s im ila r professional backgrounds, o f f i c i a l s ' id e n tific a t io n w ith p riv a te agencies, and e ffo r ts o f co n tra cto rs have led to some counties e x h ib itin g cooptation charac­ t e r is t ic s , and to o th e r s itu a tio n s in which b u rea ucra tic re la tio n s h ip s w ith con tractors may have reduced o b je c tiv it y and fa irn e s s . Moreover, p o lit ic a l pressures have been exerted upon DSS--usually to continue c e rta in con tracts w ith s p e c ific providers th a t otherwise would have been term inated o r given to another p ro v id e r. Sweetheart contracts have also been made and perpetuated because o f the in flu e n ce o f appointed o r elected o f f ic ia ls . Consequently, DSS has been cautious in a lte r in g program p r i o r it ie s , reducing c o n tra c ts , o r changing service s u p p lie rs . With th is analysis o f both the p o lit ic a l and the economic fa c to rs raised by the two a lte rn a tiv e pe rsp e ctive s, our understanding o f DSS c o n tra c tin g has been enhanced. CHAPTER V CONTRACTING OUT UNDER CETA IN THE MICHIGAN DEPARTMENT OF LABOR In a d d itio n to many so cia l se rvice s, the s ta te o f Michigan uses federal funds to purchase various employment and tr a in in g services under the Comprehensive Employment and T rain in g Act (CETA). This chap­ te r focuses on contracts in the Department o f Labor (DOL) and it s re la ­ tio n s h ip s w ith p riv a te c o n tra c to rs , in the same way the la s t chapter d e a lt w ith DSS c o n tra cts. A comparison o f the fin d in g s in the two departments and t h e ir programs is included 1n the next chapter. Although both are funded la rg e ly by federal g ra n ts, the DSS and DOL contracts have d iffe r e n t purposes, re g u la tio n s , and methods o f procure­ ment— a ll o f which have an importance fo r our con sid e ra tio n o f the con­ d itio n s and expectations o f the p u b lic choice school in it s recommendation o f c o n tra c tin g ou t. What makes th is study o f DOL c o n tra c tin g even more complex is th a t CETA contracts are made under two t i t l e s th a t are cha racte rized by several s ig n ific a n t d iffe re n ce s in com p etitio n, procedures, awards, e tc. The major questions th a t w i ll guide our study o f DOL c o n tra c tin g are: What are the key con dition s th a t re la te to co m p e titio n , d e cisio n ­ making, and reviews? CETA t it le s ? How do they vary in the implementation o f the two Are they d iffe r e n t from the DSS conditions? c o n d itio n s a ffe c t c o n tra c tin g outcomes? 126 How do these 127 Background o f State CETA Programs The federal government has funded a large number o f employment and tra in in g programs over the la s t two decades in response to the needs o f the poor and unemployed. In 1973, the Comprehensive Employment and Training Act (CETA) was enacted to consolidate many o f the previous categorical programs in to a new block grant approach to providing ser­ vices. CETA tra n sfe rre d the planning and operation o f such programs from the federal level to sta te and lo ca l governments. This decentral­ ized, noncategorical approach allowed s ta te governors and lo ca l elected o f f ic ia ls g re ate r d is c re tio n in providing a mix o f services in response to the needs o f people in t h e ir ju r is d ic tio n s w ith in federal guid eline s. In the 1978 re a u th o riz a tio n , CETA underwent c e rta in changes in the e l i g i b i l i t y requirements, the number o f p u b lic service jo b s , and the s ta te program. Several re s tr ic tio n s were adopted la rg e ly in response to the severe c ritic is m s o f CETA programs. The most s ig n ific a n t a lte ra tio n was the s h i f t in emphasis from p u b lic sector employment to p riv a te sec­ to r tra in in g and jobs. Although most o f the CETA funds have always gone to lo ca l prime sponsors (s in g le u n its o f government o r consortia o f lo ca l u n its ) , two t i t l e s o f the revised a ct channel funds to the sta te government as w e ll, s p e c ific a lly to provide fo r in no vatio n, experim entation, co o rd in a tio n , and c e rta in d ire c t services. T it le I I , Section 202 (b )(c )(d ) and (e ), authorizes the Special Grant to Governors to develop and operate pro­ grams th a t address issues th a t are usu ally beyond the scope o f local prime sponsor programs. (This type o f grant was also p a rt o f the e a r lie r T it le I w ith a few d iffe re n c e s .) Although most o f the funds are used fo r contracts w ith sta te and lo ca l p u b lic agencies, a 128 v a rie ty o f coo rdina tion and special services con tracts has with, p riv a te o rg a n iza tio n s. been made The goals o f the T it le I I s ta te grant were to pro vid e Governors and t h e ir la b o r agencies w ith funds to a s s is t and coordinate lo cal prime sponsors, to conduct la b o r market s tu d ie s , to set up demonstration p ro je c ts fo r groups not adequately served by lo ca l u n its , and to provide in fo rm a tio n and linkages w ith unions and oth er CETA-related boaies. The o th e r con tracts examined here are funded under CETA's T it le IV, Section 433 (a )(2 ) — the Governors' Special State-Wide Youth Ser­ v ic e s , a new d ir e c t services program fo r s ta te s . This program was designed to add model o r experimental youth p ro je c ts developed under the s ta te government. For both t i t l e s , s ta te o f f ic ia ls can choose ser­ vices from a l i s t o f fe d e ra lly approved s e rv ic e s , but T it le I I includes c e rta in mandated programs as w e ll. In M ichigan, both p u b lic and p r i ­ vate agencies can be used fo r these g ra n ts, but only a few p riv a te organizations have received con tracts each year. While the goals and expectations o f the CETA le g is la tio n and re g u la tio n s may not have been to promote c o n tra c tin g out s p e c ific a lly to reduce costs and government growth, the programs g e n e ra lly were designed to provide b e tte r services to meet the needs o f the employable poor more e f f e c t iv e ly —whether provided in-house o r via co n tra cto rs. In a sense, then, one o f the goals o f c o n tra c tin g proponents can be said to be found w ith in the CETA le g is la tio n . S p e c ific a lly , the Governors' Grants allowed states to take advantage o f the e xp e rtise developed by p u b lic and p riv a te agencies, to proyide special services fo r c e rta in ta rg e t groups, and to encourage innovation in employment services. By focusing on developing demonstration o r model p ro je c ts 129 under CETA, Michigan DOL has committed i t s e l f to choosing programs whose plans and past performance hold the lik e lih o o d o f being most e ffe c tiv e tn a s s is tin g the needy. Unlike the Michigan DSS and T it le XX, the federal DOL apparently did not want merely to spend money o r expand services to the needy. An improved a llo c a tio n o f resources was the o b je c tiv e , CETA was created to overcome various in e ffic ie n c ie s in the previous patchwork o f manpower programs—overlap, c o n tra d ic tio n s , in co n siste n cie s, lack o f co o rd in a tio n , federal goals th a t were incompatible w ith sta te and lo cal needs. The reauthorized form o f CETA in 1978 also intended to reduce the dependence upon p u b lic service employment—work which o fte n did not have d ire c t a p p lica tio n s to the p riv a te se cto r. While not s p e c ific a lly aimed at reducing government growth, in the long run these changes in the employment and tra in in g programs would help to lim it government growth and reduce costs o f employment programs. In sum, even though they were not designed to accomplish a ll three goals o f co n tra ctin g advocates, a t le a s t CETA goals were not in co n siste n t w ith the desire fo r reduced costs, b e tte r services, and lim ite d government growth. I. Interviewee S election Two categories o f in d iv id u a ls were selected fo r in te rv ie w s —s ix sta te DOL o f f ic ia ls in the Bureau o f Employment and Training (BET) and ten service p ro v id e rs .* Of the BET employees, two respondents worked in the program and planning d iv is io n , where they had re s p o n s ib ility fo r the e a rly stages o f the co n tra ct process—p o lic y development, program design, and co n tra ct s o lic ita tio n s —as w ell as the design and *These interview s were conducted in January and February o f 1981. 130 implementation o f any program evaluations. viewees were co n tra ct a d m in istra to rs. The fo u r other BET in te r ­ They were involved in n e g o tia t­ ing c o n tra cts, a s s is tin g co n tra cto rs, and m onitoring contracts fo r co n tra ct compliance. 2 The ten co n tra cto r representatives were scattered throughout the s ta te , but were located mainly in the same la rg e r county areas where I had interview ed DSS co n tra cto rs. Although no o f f ic ia l permission was given (o r necessary) to obtain these in te rv ie w s , the BET interviewees provided complete l i s t s o f curre nt and past CETA con tractors. From these li s t s , I chose fo u r agencies th a t had curre nt contracts from BET fo r FY81, and s ix th a t no longer were rece iving any from th is source. More former contractors were interview ed than curre nt ones (and more than in the DSS sample) because o f the sm aller numbers o f current con­ tra c to rs . Of the past co n tra cto rs, I selected only agencies th a t had been awarded BET contracts w ith in the past three fis c a l years, to avoid problems" caused by s t a f f turnover and fo rg e tfu ln e ss. 3 About 60 percent o f the cu rre n t and recent past p riv a te con tractors were included in th is sample. A. 4 Backgrounds o f Respondents Except fo r one v a ria b le , the backgrounds o f both the p u b lic o f f i ­ c ia ls and the provider representatives are not unusual. In fa c t they 2 Three o f the o f f ic ia ls were given the long form; three were interview ed w ith the sh o rt form. 3 As i t was, one o f the agencies o r ig in a lly selected fo r an in te r ­ view had disbanded since the end o f it s T it le IV co n tra ct. To take it s place, I chose another agency. 4 cie s. These did not include any research contracts w ith p riv a te agen­ 131 are not u n like those o f the DSS interview ees. The one obvious d i f f e r ­ ence is th a t in th is DOL sample, 75 percent (12 out o f 16) o f the par­ tic ip a n ts were women, whereas only 26 percent ( s ix out o f 23) o f the DSS sample were women. c a lly in the sample. There was no attem pt to include women s p e c ifi­ I t seems th a t more o p p o rtu n itie s opened up in these p o s itio n s fo r women in BET and in the newer f ie l d o f employment and tr a in in g g e n e ra lly. A few oth er d iffe re n ce s also emerged between the p u b lic and p r i ­ vate groups in th is study, but they were r e la tiv e ly sm all. The p u b lic employees were g e n e ra lly somewhat younger, not as h ig h ly educated w ith sp e c ia liz e d o r advanced degrees, and were less lik e ly to have been employed in the opposite secto r as were the p riv a te agency representa­ tiv e s . But w ith two exceptions, the p u b lic s e cto r work experiences o f the p riv a te respondents were not in CETA-related o rg a n iza tio n s, such as DOL, BET, o r lo ca l CETA prime sponsors. t h e ir experience in o th e r s ta te s .) (Even these exceptions got There did not seem to be the same movement between p u b lic and p riv a te as was observed in the career p a t­ terns o f the DSS Interview ees. In a d d itio n , the actual in te rvie w s in d ic a te d th a t most, but no t a l l , o f the p u b lic respondents did not have as much knowledge and understanding o f (o r sympathy w ith ) t h e ir p riv a te co u n te rp a rts' p o s itio n s , as was evidenced in the DSS in te rv ie w s . T h e ir educational backgrounds may p a r t ia lly exp la in t h is , since a l l but one o f the p u b lic respondents had no degrees 1n the re le va n t professional fie ld s o f vocational education, a d u lt education, manpower, e tc . Instead, t h e ir degrees were f o r the most p a rt in the lib e r a l a rts . 132 B. Contractor Agency P ro file As w ith the DSS p ro vid e r agencies, the ten BET con tractors used in th is study made up a diverse group o f p riv a te , n o n -p ro fit agencies. E ight o f the ten agencies had contracts th a t required d ir e c t service pro vision to CETA-eligible c lie n ts in c e rta in ta rg e t groups th a t had not been adequately served by prime sponsors--female offenders, women, handicappers, adjudicated high school drop-outs, Hispanlcs, e tc. The other two agencies delivered "lin ka g e " services to CETA-related agen­ cies. Three o f the s ix T it le I I contracts included in th is sample were made w ith agencies th a t focused on women's employment needs, but were no longer in e ffe c t. The only curre nt T it le I I co n tra ct fo r d ire c t c lie n t services was w ith an agency th a t o ffe rs pre-employment services fo r in-school youth. Two agencies c u rre n tly provide linkage services fo r BET under T it le I I . One program, implemented by the manpower sec­ tio n in the s ta te o ffic e o f one o f the major unions in the s ta te , is directed toward pro vid ing inform ation on la b o r's ro le in CETA to prime sponsors and la b o r unions in various communities. The second linkage co n tra ct has been made w ith a sm all, new agency th a t d e live rs a v a rie ty o f inform ation and tra in in g services fo r s ta ffs o f Michigan prime spon­ sors. These la t t e r contracts were o f p a r tic u la r in te re s t since they were made because o f the com plexities o f the CETA programs. Of the fo u r T it le IV youth co n tra cto rs, only one continues to have a co n tra ct w ith BET—fo r employment services fo r adjudicated high school drop-outs. Two o f the other agencies provided services fo r handicapped youth, w h ile a th ir d agency assisted Hispanic drop-outs in fin d in g employment. These programs were a ll located in c e rta in 133 designated communities—and were not a v a ila b le to youth sta te -w id e , since they were m ainly fo r demonstration o r experimental purposes. The in te rvie w s w ith rep rese ntative s o f the ten con tractors in d i­ cate th a t norm ally most o f the agencies o f f e r a w ider range o f services than ju s t those contracted f o r under the Governor's programs. o f the agencies were exceptions, however.) (Three T he ir s p e c ia liz a tio n s and c lie n t groups d i f f e r w idely as w e ll, w ith the r e s u lt th a t the agencies themselves are among the best experts on the c lie n ts ' needs, the ser­ v ic e s , and the appropriate methods o f se rvice d e liv e ry . The sizes o f the agencies included 1n the sample range from having fiv e employees (a prison p a ra -le g a l program) to over 200 (a m igrant workers' agency). The age o f the c o n tra c to r agencies varied from a 90 -year-old YMCA to a new co n su ltin g firm . But most o f the agencies were esta blishe d since 1960, w ith government funds. A ll o f the co n tra cto rs had a r e la t iv e ly low number o f contracts (from one to f iv e ) , but some o f those from o th e r sources were very large in amounts. The s ta te CETA con tracts were u su a lly not the la rg ­ e s t o f t h e ir government co n tra cts. Several o f the agencies also had a t some time received CETA contracts from o th e r government u n its - - lo c a l prime sponsors, d ir e c tly from the federal government— such th a t they could compare the BET c o n tra c t procedures to o th e r CETA procedures. Five o f the agencies re ly on government con tracts f o r a t le a s t 70 per­ cent o f th e ir op era ting co sts, w ith some o f these having no oth er sources o f funds. U nlike several DSS c o n tra c to rs , almost none o f the DOL contrac­ to rs seemed to be very dependent upon BET c o n tra c ts , since they usu ally had a v a rie ty o f p u b lic and p riv a te sources o f funds. In fa c t, two o f 134 the T it le IV youth contractors did not request renewals a fte r one year o f a co n tra ct because o f various "b ureaucratic" requirements, the small amounts o f the contracts and ra th e r poor re s u lts under the co n tra cts, according to th e ir representatives. In general, contractors understood th a t th e ir BET contracts were fo r a three-year maximum pe rio d, under BET's p o lic y . (Only the union co n tra ct had been extended fo r a longer, in d e fin ite time period. Two o f the oth er cu rre n t con tractors also expressed hope th a t th e irs might be continued a fte r three years, but they were not counting on i t . ) What appears to be the case w ith the DOL contracts is th a t they can be im portant fo r some agencies a t the margins, since most agencies operate from hand to mouth, but contrac­ tors have not depended on them as th e ir major funding source. There­ fo re , almost a ll o f the agencies could survive q u ite w ell w ith ou t them. 5 In sum, the r e la tiv e ly small amounts o f the contracts and BET's usual three-year li m it apparantly have helped to avoid the problems o f dependence. The only negative outcome o f th is lack o f dependence seemed to be a less serious e f f o r t by some agencies a t meeting BET's requirements and o b je c tiv e s —e sp e cia lly when they did not compare favorably w ith other governments' methods. One o f the c o n tra c to r interviewees said th a t the BET co n tra ct was so small th a t i t was not worth th e ir w h ile to make a concerted e f f o r t a t improving performance and "p u ttin g up" w ith the hassles o f the BET. Other contracts were more im portant to re ta in , and did not require compliance w ith as many d i f f i c u l t re g u la tio n s. ^Obviously, the agency th a t was mentioned in note #3 did not fare so w ell w ith o u t the funds. 135 II. Competition in State CETA Contracting The emerging p ic tu re o f DOL co n tra ctin g already d iffe r s from that o f DSS. P riva te contractors are not as dependent upon BET funds; there appears to be fewer automatic co n tra ct renewals; the goals o f CETA programs were more orien te d toward e ffic ie n c y and e ffe ctive n e ss; and the reasons fo r using outside providers seem to be rooted in CETA's aim to use s ta te governments to promote innovation and coordination more than on-going d ire c t services fo r c e rta in c lie n t groups. a tte n tio n s h ifts to th is question: and tra in in g "market"? But now our How com petitive is the employment And do the procedures adopted by BET promote or hinder competition? A. Competition 1n the Employment and Training Environment The enployment and tra in in g f ie l d has been marked by only lim ite d com petition--and fo r some o f the same reasons as were found in social services: the need fo r providers to d iffe r e n tia te th e ir services to enter the market su cce ssfu lly, lo c a tio n a l r e s tr ic tio n s , and various b a rrie rs to g e ttin g government funds. Employment and tra in in g services are c le a rly services which, p r io r to government a r tic u la tio n o f demand, suffered from under­ expression o f demand and lack o f adequate supply—even more than 1n the area o f social services. When the federal government decided th a t th is basic need should be met by government a c tio n , there were very few a v a ila b le providers. The government generally had to depend upon pub­ l i c agencies to accomplish it s goals (e .g ., p u b lic schools, p u b lic employment agencies). Although the p u b lic sector has remained the c h ie f veh icle fo r d e liv e rin g manpower services fo r the needy, some p riv a te agencies have 136 been u tiliz e d . During the S ix tie s , a number o f p riv a te , community- based organizations (CBO's) created w ith federal grants developed expertise in various employment and tra in in g services. Even though they were r e la tiv e ly small in number, these agencies have become impor­ ta n t because o f special considerations they receive over other agencies under CETA re g u la tio n s— i . e . , requirements th a t they be allowed to par­ tic ip a te in the planning process, receive s o lic ita tio n s fo r co n tra cts, and be awarded contracts where th e ir programs have demonstrated th e ir e ffective ne ss. Through t h e ir strong lobbying e ffo rts a t the national le v e l, these organizations were able to gain enough p o lit ic a l support to help ensure the continued flo w o f funds even though CETA has brought almost a ll employment and tra in in g programs under the con trol o f p u b lic o f f ic ia ls —and out o f the hands o f federal bureaucrats and n o n -p ro fit corporations. These regulations do not mean th a t CBO's and other p riv a te agen­ cies have re a d ily formed to compete w ith p u b lic agencies fo r sta te and local con tracts. New p riv a te agencies (o r e x is tin g social agencies d e sirin g to expand th e ir services) have experienced some d i f f ic u lt y in entering the market to compete d ir e c tly w ith p u b lic organizations fo r government funds. Some co n tra cto r Interviewees complained th a t they o fte n were noc s e rio u s ly considered fo r local prime sponsor contracts because o f the prime sponsors' long-standing lo y a ltie s to other related p u b lic agencies in the community. P riva te agencies included 1n th is sample were able to form and continue w ith some success in large pa rt because they were lo cal a f f ilia t e s o f national manpower networks ( e .g ., in youth employment— 70,001 Ltd. and OIC); have been successful in get­ tin g grants from p riv a te employers and/or the federal government 137 d ir e c tly (e .g ., the m igrant workers' o rg a n iz a tio n ); and/or have gotten in to manpower programs as a by-product o f some other primary a c t iv ity in which they developed program or c lie n t e xp e rtise not found in other p riv a te o r p u b lic agencies ( e .g ., the labor union, re h a b ilita tio n agen­ c ie s , YWCA, prison para-legal program). Apparently com petition is d is ­ couraged 1n th is f ie ld by the prime sponsors and the p u b lic agencies th a t receive th e ir con tracts. B. The Reduction o f Competition Through a BET P olicy The number o f p o te n tia l providers competing fo r CETA contracts appears to be reduced fu rth e r by one c r it ic a l BET p o lic y — the s tip u la ­ tio n th a t a match fo r T it le IV youth contracts be made during the second and th ir d years o f a con tract. A match is not required by fed­ era l CETA re g u la tio n s , but was designed by BET to achieve c e rta in sta te goals. Almost a ll contracts under both s ta te t i t l e s have a three-year l i m it . (This fa c t in i t s e l f may discourage some providers from compet­ ing fo r c o n tra c ts .) This BET p o lic y was designed in p a rt to fo s te r model o r experimental programs which, i f successful, could be continued through other funding sources. step fu rth e r. I t allows fo r The p o lic y re q u irin g a match goes one only one year o f being f u ll y funded by the BET co n tra ct from T it le IV youth funds. For the second co n tra ct year, 30 percent o f the amount must be met by the p ro vid e r; in the th ir d ye a r, 50 percent. A fte r three years, i t is expected th a t good programs w ill have demonstrated th e ir e ffective ne ss and w i ll be able to obtain a more permanent funding source to continue th e ir services. While discouraging dependence on BET c o n tra cts, the increasing match and the three-year li m i t also would seem to discourage some 138 agencies from competing fo r and/or renewing co n tra cts. P ublic agencies can use th e ir own appropriations fo r the re q u is ite amount. But ce rta in p riv a te , n o n -p ro fit agencies w ith only government contracts would face more d i f f i c u l t y than would p riv a te agencies w ith extra donated funds from p riv a te sources. The three years o f youth programs have seen a de cline in the num­ ber o f contracts w ith p riv a te agencies, because several agencies did not reapply fo r contracts fo r the second and th ir d years. In fa c t, none o f the p riv a te contractors have continued fo r the three f u l l years as y e t. One o f the reasons given fo r not asking fo r a renewal was the matching requirement—some o f the agencies had d i f f i c u l t y fin d in g extra money, w hile others had oth e r sources a v a ila b le th a t did not require a match or complex reg ulatio ns. Only two p riv a te contractors have requested and received second-year co n tra cts. An agency program d ire c to r said th a t he believed the renewal o f his agency's co n tra c t was automatic because he had the funds fo r the match, w h ile others did not. Even though the performance o f many o f the p u b lic and p riv a te youth contrac­ tors had not been s a tis fa c to ry to BET o f f ic ia ls , renewals were given to a ll who requested them fo r FY81. At th is tim e, BET had l i t t l e choice o f contractors so i t could not use the renewals as "rewards" f o r w e llrun, e ffe c tiv e programs. BET's experience w ith the T it le IV match substantiates my claim in the previous chapter th a t a donation requirement reduces competi­ tio n , e s p e c ia lly among p riv a te agencies. DSS has had d i f f i c u l t y fin d ­ ing agencies th a t could provide a p a r tic u la r service and also make the 25 percent donation. In BET, almost w ith o u t exception, the T it le I I contractors have requested the maximum number o f co n tra ct years allowed 139 by 8ET; T it le IV providers have been opting out o f t h e ir programs, and have not usually continued them w ith other funds. Thus, the matching requirement not only reduces com petition and choice, but sometimes does not allow promising programs to continue to the p o in t o f being success­ fu l and p ro vid ing the unemployed w ith jo b s— the very aim o f the sta te grants. C. C ontracting Procedures A ll other things being equal, we would expect th a t the T it le I I funds would encourage more com petition and choice fo r BET than the T it le IV youth con tracts—because o f the matching d iffe re n c e . The pro­ cedures fo r the two CETA t i t l e s have n o t, however, been designed to be equally com petitive. The T it le I I procedures have usu ally produced only lim ite d com petition, w h ile the T it le IV youth programs, at le a s t fo r one year, created more com petition and choice through the use o f the RFP process. Many o f the procedures used by BET to purchase various services are governed by CETA re g u la tio n s , which generally emphasize the need fo r com petition, o b je c tiv ity , and fa irn e s s .6 Nonetheless, sta te gov­ ernments can use t h e ir own d is c re tio n in deciding which services to purchase and in choosing s o lic it a t io n methods. Michigan DOL has mainly used two d iffe r e n t approaches to the two t i t l e s . 1. Needs Assessments The Bureau has had several ways o f determining which types o f services should be provided by T it le I I and IV funds—CETA mandates, 6 Unlike DSS, BET has not needed C iv il Service permission to make c o n tra c ts , because the federal grants pay f o r the e n tire co n tra ct amounts under CETA. Nor has i t required the Attorney General's O ffice to approve o f the forms and fin a l co n tra ct agreements. 140 inform al and formal needs assessments, planning task fo rce s, and requests fo r proposals. Under CETA, the s ta te has s p e c ific responsibi­ l i t y fo r the employment and tra in in g needs o f in s titu tio n a liz e d in d iv i­ duals. In a d d itio n , BET tr ie s to meet the unmet needs o f c e rta in populations in the s ta te . BET uses several advisory and inform ation sources to determine i f in fa c t the prime sponsors are not meeting more sp e cia lize d needs. They Include: the prime sponsors themselves; the Michigan Employment and Training Council (METC)— a la rg e , CETA-mandated advisory body made up o f a v a rie ty o f in te re ste d experts and in d iv i­ duals, w ith it s own s t a f f ; the CETA management inform ation system, which produces a great q u a n tity o f data, in c lu d in g the types o f s e r­ vices a va ila b le and enrollm ents fo r various populations throughout the s ta te ; and the monthly reports o f the DOL a ffirm a tiv e actio n o f f ic e r , which are directed at determining how e q u ita b ly the various groups are being served. This in fo rm atio n 1s channelled to the planning and pro­ gram h a lf o f BET, which decides which populations need special a tte n ­ tio n and the general types o f programs th a t would f i t in to CETA gu id eline s. An annual CETA plan is then compiled, submitted to the regional federal DOL o ffic e , and, i f approved, BET can proceed w ith making the contracts to f u l f i l l th e ir plans. In the recent past, BET has set up two planning task forces when i t became apparent th a t o ld e r workers and handicapped in d iv id u a ls have special needs th a t la rg e ly have gone unmet. Each task force is an ad hoc committee c o n sistin g o f representatives o f these special groups, pro v id e rs, and prime sponsors. In p a rt, t h e ir e ffo r ts were f i r s t aimed a t helping the s ta te (as w ell as prime sponsors) to understand the various needs o f these populations. Although the cu rre n t fis c a l 141 year does not include programs fo r them, the two committees each out­ lin e d the general programs required, and BET intends to fund a few local demonstration p ro je cts fo r the next fis c a l year. These and other e ffo r ts at assessing needs and suggesting possible providers re ly both on a strong research component ( s p e c ific a lly paid f o r by T it le I I , some o f which are also contracted out w ith independent organizations) and inputs from concerned groups. This appears to promote a necessary balance o f o b je c tiv ity and responsiveness in p ro vid ing employment and tra in in g services. The more recent T itle IV youth gra nt planning process la rg e ly depended on the research re s u lts , which showed th a t ce rta in sub-groups among unemployed youth needed a d d itio n a l employment assistance: physi­ c a lly and m entally handicapped, ra c ia l m in o ritie s , heads o f households, adjudicated youth, high-school drop-outs, central c it y and ru ra l re s i­ dents. The RFP th a t was drawn up by the program s t a f f sp e c ifie d th a t contracted p ro je cts should serve youth w ith some o f these ta rg e t char­ a c te r is tic s . In a d d itio n , i t required th a t a ll the pro je cts should include a t le a s t on-the -job tra in in g (OJT), since research re s u lts convinced o f f ic ia ls th a t OJT is the best method o f ensuring th a t enrol lees w i ll continue in unsubsidized employment. Not a ll the BET contracts have used such system atic means fo r determining needs, however. In the past years, the ta rg e t populations and methods o f service d e liv e ry have not been as w e ll-d e fin e d in ad­ vance o f the s o lic it a tio n stage fo r the T it le I I service con tracts. Instead, program o f f ic ia ls have had general Ideas th a t more p ro je cts fo r c e rta in groups (e .g .* women) were needed, but did not develop spe­ c i f i c programs o r ta rg e t sub-groups f o r con tracts. The contracts were 142 developed then from the proposals th a t p o te n tia l contractors submitted— e ith e r in response to an in v ita tio n o r through th e ir own in it ia t iv e . 2. S o lic ita tio n Procedures Unlike T it le XX and the Michigan DSS, the goals o f the s ta te CETA t i t l e s and Michigan DOL fo r employment and tra in in g programs would seem to require com petition in s o lic it a tio n prcoedures to a ttr a c t proposals fo r innovative and model programs th a t would hold the gre ate st p o s s ib ili tie s fo r success. These sta te CETA funds are not supposed to be spent only to provide ce rta in necessary services to c lie n t groups. These t it le s were also intended fo r model and demonstration p ro je c ts . E ffec­ tiv e com petition would seem to be the avenue to g ivin g BET a v a rie ty o f choices and achieving these goals. BET has not, however, c o n s is te n tly promoted com petition through it s s o lic ia tio n procedures. Major diffe ren ces in methods have been obvious when the youth contracts and the T it le I I contracts were com­ pared. T it le IV contracts were marked by com petition throughout the c o n tra ctin g process—a t le a s t fo r one year— but only minimal competi­ tio n has characterized the T it le I I process. While CETA regulations do not require i t , BET used the RFP (Request fo r Proposal) process fo r the youth contracts in 1979, fo r the f i r s t f u l l year o f T it le IV (FY80). The Program Development D ivision was responsible fo r w r itin g the RFP and n o tify in g agencies on th e ir m ailing l i s t . BET has compiled a long l i s t o f approximately 600 poten­ t ia l p u b lic and p riv a te providers, including past co n tra cto rs, a ll prime sponsors, conmunity-based org an iza tion s, and any agency th a t has expressed in te re s t in CETA c o n tra ct. This s o lic it a tio n allowed fo r the widest exposure and included p ra c tic a lly every possible c o n tra cto r. 143 The co n tra c t s p e c ific a tio n s were also very thorough and complete. As mentioned above, the RFP s p e c ific a lly stated th a t OJT be p a rt o f the services provided and th a t agencies design p ro je c ts aimed a t e n ro llin g youths who met a t le a s t two o f the ta rg e t c h a ra c te ris tic s , in a d d itio n to being under CETA's usual income lim it s . Also Included in the RFP were the standard requirements fo r equal o p p o rtu n ity , a ffirm a tiv e a c tio n , bookkeeping procedures, c lie n t e l i g i b i l i t y procedures. Contracts were to be made fo r a one year period o r le s s , w ith the s tip u la tio n th a t two a d d itio n a l years would be a v a ila b le as w e ll, provided a match was made and the f i r s t y e a r's performance was acceptable. Performance goals were also given ( e .g ., percentage o f p a rtic ip a n ts placed in unsubsidized employment) and agencies were Informed in a general way th a t th e ir pro­ grams, i f funded, would be monitored and evaluated by BET fo r these and o th e r m atters. More im p o rta n tly , the package c le a rly s p e c ifie d the c r it e r ia (and t h e ir r e la tiv e w eights) by which the proposals would be judged and given awards. I t s ta te d , f o r example, th a t e xtra "p o in ts " would be given to p ro je c ts th a t proposed to e n ro ll youths who met more than the minimum number o f ta rg e t c h a ra c te ris tic s . This RFP process was a major undertaking by BET. I t has not been repeated f o r FY81 o r FY82, in p a rt because the f i r s t s o lic it a t io n had been so thorough and BET has not changed it s goals f o r the youth g ra n t. In a d d itio n , the process was very expensive, time-consuming, and com pli­ cated. U n fo rtu n a te ly, BET o f f ic ia ls included in the sample were not a lto g e th e r pleased w ith the re s u lts o f the process—both in terms o f the proposals th a t were received and the performance o f the agencies th a t were awarded co n tra cts. 144 For the two fo llo w in g years, BET b a s ic a lly continued the previous ye a r's con tracts. The contractors were in v ite d to submit proposals fo r FY81 and then FY82, provided they had not mismanaged funds or been found to be in "gross non-compliance" during the f i r s t year. A ll o f the con­ tra c to rs who requested renewals fo r FY81 were given them, even though th e ir performance had not met the expectations o f o f f ic ia ls and even the terms o f the con tracts. Some programs had la te s ta r ts , Inadequate record-keeping systems, and/or d i f f i c u l t y meeting the co n tra c t terms. Various reasons were given fo r the fa ilu re s besides the c o n tra cto rs' adequacies, in clu d in g the econoipy, slow processing by BET, and u n re a lis ­ t ic expectations o f program o f f ic ia ls . The T it le I I s o lic it a tio n process has not included using the RFP, except fo r a few spe cia lize d research and linkage con tracts. The usual methods u t iliz e d by BET have been inform al contacts and le tte r s . Any time p riv a te sources may be used, w ider a d v e rtis in g is supposed to be employed to maximize com petition, according to CETA re g u la tio n s. Some non-com petitive awards to p u b lic agencies are allowed, but they have not been made o fte n , because, in the words o f one sup ervisor, " i t could be so e a s ily abused.” According to interview ees, i f BET has a s p e c ific need, a small number o f p o te n tia l p u b lic and/or p riv a te providers is n o tifie d by means o f a b r ie f general summary o f what is desired, and what are the releva nt CETA requirements. The requirements are not very d iffe r e n t from those lis te d under the T it le IV programs, except the t a r ­ get groups and methods o f service are not as c le a rly stated. Providers propose th e ir own types o f programs, the number o f enrol le es, and the to ta l cost. These sumuaries also do not usu ally include the c r it e r ia used in making awards. The process works very much lik e the OSS 145 s o lic it a tio n s . Instead o f achieving d ir e c t com petition through wide a d v e rtis in g f o r c e rta in s p e c ific programs, BET receives several d i f f e r ­ ent types o f proposals fo r d iffe r e n t groups th a t cannot be e a s ily com­ pared. The agencies then compete f o r a p a rt o f the a llo c a tio n fo r d ir e c t se rvice s. Apparently most o f the p riv a te agencies do not receive t h e ir con­ tra c ts as a re s u lt o f a s o lic it a t io n n o tice from BET; they con tact DOL f i r s t about t h e ir proposed programs. A ll fo u r o f the cu rre n t and former d ir e c t service con tractors in T it le I I reported th a t t h e ir agencies approached BET about funding, ra th e r than the reverse. One respondent said th a t she had never seen any advertisements about the T it le I I con­ tr a c ts , even though she has been very involved in the employment and tra in in g p o lic y f ie l d in and out o f Michigan f o r many years. 3. Proposals A f u l l w ritte n proposal has not always been required fo r T it le I I co n tra cts. Instead, co n tra cto rs sometimes have submitted le tte r s o f in te r e s t o r in te n t, w ith o u tlin e s o f t h e ir p ro je c ts —some o f which have already been in operation w ith o th e r funding. Even i f a proposal 1s req u ire d , a d e ta ile d budget is not always included a t th is tim e. For the youth c o n tra c ts , the proposal was c r it ic a l f o r the awards f o r FY80. I t was supposed to be very complete in terms o f i t s plan fo r the ta rg e t groups, methods o f service d e liv e ry , and placement ra te s , but the budget was not to be a fa c to r 1n the dec1sion-mak1ng process. Generally the process f o r s o lic it in g T it le IV proposals was q u ite com p etitive . Of a l l the in v ita tio n s th a t were sent o u t, only 35 propo­ sals were received, o f which 14 agencies received c o n tra cts. This appears to provide more choice than was found in the DSS system. The 146 only problem w ith the youth proposals was th a t most were judged as being poorly w ritte n , poorly conceived, and unresponsive to the needs o f BET. Just the same, a ll o f the funds were a llo ca te d . An o f f ic ia l who was responsible fo r the RFP and the proposal evaluations process declared th a t i f she had had a choice, she would have only purchased services from two o r three o f the 35 agencies. Since the system o ffe rs no incen­ tiv e s to states o r o f f ic ia ls who return unused a llo c a tio n s , the con­ tra c ts were awarded to some p riv a te and p u b lic agencies th a t were u n lik e ly to produce w e ll-ru n , e ffe c tiv e programs. In th is case, the com petition did not promote b e tte r q u a lity programs. In p a rt, th is re s u lt could be traced to the matching requirement th a t probably pre­ vented some agencies from competing, and the fa c t th a t the amounts o f the contracts were f a ir l y sm all. In the la s t series o f T it le I I proposal considerations, fo r FY81, a ll the agencies th a t submitted proposals o r le tte rs o f In te n t received contracts. Several o f these were continuations o f previous p ro je c ts . In other years, according to o f f ic ia ls , roughly h a lf o f the u n s o lic ite d and s o lic ite d proposals have been selected fo r co n tra cts. Nonetheless, those agencies subm itting proposals fo r spe cia lize d programs and ta rg e t groups have met l i t t l e d ire c t com petition. A ll o f the T it le I I service contractors interview ed suggested th a t there were no oth er agencies in Michigan th a t could provide th e ir kinds o f employment and tra in in g ser­ vices fo r t h e ir c lie n t groups. I f BET receives more proposals than can be funded, the Bureau must determine contracts mainly on the basis o f which groups have the greatest need--not necessarily which co n tra cto r has the best p ro je c t o r success ra te . 147 III. Contract Decision Making In th is sectio n, we w i ll once again examine i f decision makers use co n tra ctin g out to promote greater e ffic ie n c y in the pro visio n of p u b lic services—both 1n th e ir decisions to use outside contractors and in t h e ir choices o f contractors to d e liv e r services. In the DOL case, a t le a s t the goals o f CETA are oriented toward improving e ffic ie n c y and effectiveness through the sta te t i t l e s . But the question is : Is con­ tra c tin g perceived as a means o f improving e ffic ie n c y and effectiveness? And have o f f ic ia ls used cost and performance c r it e r ia to make th e ir choices among various proposals? A. Why Contract Out? The underlying reason fo r con tractin g out fo r CETA services is th a t DOL does not have the s t a f f and lo cal f a c il it ie s to carry out a ll the mandated and optional programs in-house. The in te n tio n o f the sta te t i t l e s , in a d d itio n , was to encourage states to use the e x is tin g local prime sponsors, school d is t r ic t s , community-based org an iza tion s, e tc ., fo r in no vatio n, co o rd in a tio n , experim entation, and the targeted se r­ vices. Consequently, r e la tiv e ly few a c t iv itie s are provided by DOL i t s e l f —only some co o rd in a tio n , linka ge , and research services—and more o f these are being contracted out as the s ta te government has required personnel la y -o ffs in a ll departments and bureaus, even ones where most employees are paid through federal funds. Therefore, the fo llo w in g question took some respondents by sur­ p ris e : Rank the fo llo w in g in order o f Importance {.from 1 to 7, w ith 1 being the most im portant) as to why outside agencies/firm s are used to supply p u b lic services in your program area instead o f s ta te p u b lic employees: 148 To c la r if y the q u estio n, I added the phrase, " f o r example, in an expanded MESC" (.Michigan Employment S e curity Commissi on--a p a rt o f DOL, w ith branch o ffic e s throughout the s ta te .^ The answers ranged across the possible a lte rn a tiv e s , w ith some d iffe re n ce s o f opinion and d i f f i c u l tie s in answering. 0 I t was c le a r th a t some had never considered the question before. Among p u b lic o f f i c i a l s , the "g re a te r f l e x i b i l i t y " a lte rn a tiv e most fre q u e n tly showed up in the top three (most im portant) responses. "Bet­ te r services" also was chosen as r e la t iv e ly im p o rta n t, in the sense th a t outside agencies have e xp e rtise in c lie n ts and services th a t is not a v a ila b le w ith in the government. While two in d iv id u a ls stated th a t c o n tra c tin g was a way o f strengthening p riv a te agencies and firm s , others disagreed and said th a t reason was not intended a t a l l . Seen as having somewhat less importance were the "low er cost" and " b e tte r o ve rsig h t" options. Respondents did not be lieve th a t p o lit ic a l pork b a rre lin g o r the federal o r s ta te laws o r re g u la tio n s were g e n e ra lly very im portant. Two comments given as o th e r key reasons were: " i t makes no sense to have a s ta te -w id e , s ta te -le v e l program fo r lo c a l problems" and "they [outside agencies] happen to be a v a ila b le and can do i t w e ll." Not s u r p ris in g ly , the p riv a te agency representatives most f r e ­ quently chose the "b e tte r services" a lte rn a tiv e , follow ed by "g re a te r f l e x i b i l i t y in in it i a t i n g and te rm in a tin g programs" — in the words o f a respondent who improved the schedule's wording. They also believed th a t ^This example seemed necessary a f t e r the p re -te s t and the f i r s t in te rvie w s in d ica te d th a t respondents needed an example to understand the meaning o f the question. ®0ne o f f i c i a l did not answer th is q u estio n, w h ile two others gave only one o r two o f the a lte rn a tiv e s on th is l i s t . 149 federal and s ta te mandates were q u ite im portant. Of somewhat less importance were lower co st, b e tte r o v e rs ig h t, and a way o f strengthening p riv a te agencies and firm s. P o litic a l pork b a rre lin g , w ith one excep­ tio n , was seen as unimportant in the decision to use outside su p p lie rs. These and other answers in d ic a te th a t DOL has no complex set o f c r it e r ia fo r deciding whether or not to co n tra ct out fo r p a rtic u la r ser­ vice s; there usu ally is l i t t l e choice. Because DOL and MESC o ffe r lim ite d types o f services themselves, BET u su a lly turns to oth er pu blic and p riv a te agencies fo r services they can perform. The CETA s tru c tu re i t s e l f is orie n te d towards d e c e n tra liz in g a d m in is tra tio n , d is c re tio n , and service d e liv e ry . fo r model p ro je c ts . Contracting out conforms w ell w ith BET's goals In the words o f one interview ee, i t is a "way o f in suring th a t programs w ill continue w ith local support and lo cal input." I t would be q u ite In co n siste n t, as w ell as usu ally in e f f ic ie n t , to b u ild up a s ta te -le v e l system fo r the services i t desires when other lo ca l agencies e x is t which can f i l l the need. Thus, the primary reason fo r c o n tra c tin g out is not simply to cut costs, as might be expected from the p u b lic choice lite r a tu r e on con­ tra c tin g out. Rather, i t is to f i l l the needs fo r employment and tr a in ­ ing services by using experienced lo ca l agencies, and seco nd arily, to improve the e ffic ie n c y and e ffective ne ss o f the CETA programs. B. Choosing Contractors fo r Awards Not only have the s o lic it a t io n procedures f o r the two t i t l e s d i f ­ fere d, but the two processes o f evaluating proposals have also been very d is s im ila r. The methods fo r judging the T it le I I proposals have fr e ­ quently been almost haphazard, w h ile the T it le IV process was f a i r and 150 systematic fo r the most p a rt. Comnon to both t i t l e s , however, is a general concern fo r the proposed program, the methods o f service d e li­ very, and needs o f the targeted c lie n ts . Cost considerations have hardly been seen as im portant a t a ll in making awards. The T it le I I proposals, ofte n u n s o lic ite d except f o r renewals, are almost always considered by releva nt program s t a f f members on th e ir in d iv id u a l m erits in view o f the needs o f the ta rg e t group and the funds a v a ila b le at the time. Contracts are considered and w ritte n a ll year around, such th a t a ll proposals are not compared to each oth e r a t the same time in com petition fo r a given amount o f money. o f f ic ia ls know the id e n titie s o f the providers. Usually the T heir recommendations are then given to the bureau and department d ire c to rs f o r t h e ir s c ru tin y and the fin a l decision. A d iffe r e n t process fo r evaluating proposals was employed when the RFP was used fo r youth con tracts. ( I t has also been used a couple times fo r T it le I I when several research proposals have been submitted fo r a sm aller number o f c o n tra c ts .) A panel o f d is in te re s te d reviewers was chosen—made up p rim a rily o f various s t a f f members from w ith in BET (not those who have w ritte n the RFP or who negotiate and m onitor c o n tra c ts ), prime sponsor rep rese ntative s, and selected members o f the METC. This panel examined and scored each proposal according to the RFP's speci­ fie d c r it e r ia . close. They discussed the top contenders when scores were W ithout knowing who had submitted which proposals, the panel recommended th a t the agencies receiving the top scores be awarded con­ tra c ts . While these recommendations mainly determined the outcomes, both the bureau d ire c to r and the department d ire c to r made the fin a l s e le ctio n s. 151 Once the se le ctio n o f providers has been made—by e ith e r o f the methods— the s p e c ia lis ts in con tract a d m in istra tio n are assigned the contracts. They are given the re s p o n s ib ility o f ne g o tia tin g and drawing up the c o n tra cts, as w ell as providing technical assistance during the p ro je c ts ' s ta rt-u p period. Only here does the cost o f the programs become a consideration—but th is is a fte r awards have been made. The adm inistrators examine the budget submitted by each p ro vid er and, i f necessary, suggest ways to change the lin e -ite rn s and/or get the provider in compliance w ith the many complex CETA re g u la tio n s. In a d d itio n , they may negotiate the number o f c lie n ts served (the un its o f service) and the to ta l amount o f the c o n tra ct. Generally the methods o f service d e liv e ry are not discussed, but included as the proposal states them. Several o f the youth contracts have been perform ance-oriented, in clu din g not only the services to be d e live re d , but also the goals fo r the number o f in d iv id u a ls to be placed in unsubsidized employment. In the past, some agencies th a t have been selected fo r contracts have not had them completed during the con tract w ritin g stage because o f non-compliance w ith c e rta in CETA re g u la tio n s. The program and planning side o f the bureau has been p rim a rily concerned w ith the programmatic elements o f proposals, w ith the re s u lt th a t contractors are o fte n not aware o f the many re s tric tio n s and paperwork required u n til la te r . Some insurmountable technical problems have emerged only when the con tract adm inistrators took over in the process. When contracts cannot be w r it ­ ten, the funds are given to the next higher scorer in the T it le IV pro­ posal "c o n te s t," o r another T it le I I co n tra cto r must be found. Interviewees were also questioned about t h e ir opinions o f the c r i ­ te r ia used in award decisions: On what basis is i t decided th a t a 152 c e rta in firm or agency w i l l receive a c o n tra c t in your program area? Four o f the s ix BET employees answered th is question. s p e c ia lis ts did not respond because they had l i t t l e awards were made.) o f f ic ia ls : (Two co n tra ct knowledge o f how Two major reasons f o r BET's choices were given by plan to f u l f i l l a l l c r it e r ia provided in s o lic it a t io n pack­ age and well-reasoned arguments why program elements w i ll accomplish the desired goals, as given in the proposal. Other reasons mentioned were previous s a tis fa c to ry work in s ta te p ro je c ts o r services and previous experience in th is general type o f se rvice . Interviewees agreed th a t lowest cost was hardly a fa c to r in decision making. P u blic o f f ic ia ls said th a t although the CETA re g u la tio n s say th a t m in o rity , female-owned and small con tractors and CBOs be given a ll o p p o rtu n itie s to make propo­ s a ls , these background fa c to rs are only in fre q u e n tly involved in making awards. One o f the respondents who makes award recommendations to the bureau d ir e c to r said th a t she wished th a t the only reasons f o r choices were the f i r s t two lis te d above. She asserted th a t p o lit ic a l fa cto rs also were im portant once the fin a l decisions were in the hands o f the bureau d ir e c to r and the department d ire c to r. From t h e ir perspe ctive, the p ro vid e r respondents said th a t they did not know f o r c e rta in what were the reasons f o r awarding c o n tra cts . In th is respect, the providers were g e n e ra lly less informed than DSS p ro v id e rs , who may have understood the system b e tte r because o f longer re la tio n s h ip s w ith o f f ic ia ls . (Many o f the DOL co n tra cto rs were also very mistaken about the Id e n titie s o f those who selected c o n tra c to rs .) T h e ir most frequent answers, in o rd e r, were: having previous s a tis fa c ­ to ry work in s ta te p ro je c ts o r s e rv ic e s , an in no vative approach to 153 dealing w ith the perceived problem, lowest c o s t, and previous experience in th is general type o f service o r population group. The top two rea­ sons given by BET o f f ic ia ls were not seen as im portant as these, which may in d ic a te th a t providers o fte n do not know what BET re a lly wants, and th is may e xp la in why BET has o fte n been disappointed w ith the q u a lity of proposals. None o f the providers mentioned th a t p o lit ic a l in flu e n ce was a fa c to r. In fa c t , some o f the interview ees stated th a t compared to the fa v o ritis m in the award process o f t h e ir lo ca l prime sponsors, the sta te BET appeared to be remarkably fre e o f p o lit ic s . The only com plaint in th is regard was th a t p u b lic agencies appeared to receive more in v it a ­ tio n s fo r proposals and, th e re fo re , more co n tra c ts . Because s ta te CETA funds have been r e la t iv e ly p le n tifu l and the t i t l e s are geared toward producing e ffe c tiv e model programs, there appears to have been l i t t l e concern fo r co st. The major reasons fo r awards appear to be programmatic in nature— i . e . , on the basis o f the proposed programs as they re la te d to the needs o f c e rta in unemployed groups in the s ta te . Previous experience o r re p u ta tio n may also have some bearing in some cases, but th is d id not seem p a r tic u la r ly im portant by i t s e l f , despite what providers thought. N a tu ra lly agencies would be b e tte r able to co n stru ct a fe a s ib le service plan i f they were fa m ilia r w ith the ta rg e t p o p u la tio n 's needs and a b ilit ie s . A cu rre n t p ro vid er said th a t the youth grants program placed a "heavy w eight on in te n t and design, not so much on success," e ith e r under previous funding o r dur­ ing the f i r s t year o f a BET c o n tra c t. by o th e r o f f ic ia ls and p ro vid e rs. This observation was confirmed The submission o f a good proposal seemed to be the c ru c ia l p a rt in g e ttin g e ith e r the T it le I I and IV 154 c o n tra c ts , but even some poorly w r itte n proposals have also re su lte d in c o n tra c ts , since the funds were a v a ila b le and no o th e r co n tra cto rs were. Though not guaranteed, renewals are u su a lly made .up. to the threeyear l i m i t , despite d i f f ic u lt ie s in operating programs and meeting goals. In the f i r s t year o f an experimental p ro je c t w ith a new funding source, providers have encountered various s ta rt-u p problems th a t can be overcome w ith a d d itio n a l tim e, experience, and tech nica l assistance from BET. Therefore, g iv in g renewals may o fte n help to accomplish BET's goals o f helping to e s ta b lis h e ffe c tiv e employment and tra in in g pro­ grams, even though the f i r s t y e a r's costs may be high. Judging from the evidence, a t le a s t one o f the key elements in decision making assumed by c o n tra c tin g supporters is a b sen t--th e common goal o f cost m in im iza tion . performance instead. O ffic ia ls have tr ie d to maximize service In th e ir view, awarding contracts to providers w ith good proposals f o r programs aimed a t the most needy is the method o f achieving th is goal. This means, however, th a t o fte n BET evaluates p o te n tia l contrac­ to rs on the basis o f lim ite d in fo rm a tio n — in fo rm a tio n compiled by p ro v i­ ders almost e x c lu s iv e ly about the programs' c lie n ts , elements, service d e liv e ry , e tc . In p a r tic u la r , three problems a ris e w ith th is approach to judging programs' fu tu re success: 1) in fo rm a tio n about the l i k e l i ­ hood o f an agency being able to a tta in program goals ( i . e . , re p u ta tio n , past performance) 1s not o fte n used fo r making awards, as in the " b lin d ' youth contracts award process; 2) proposal evaluators o fte n do not have independent in fo rm a tio n o r e x p e rtis e w ith which to judge the s p e c ia l­ ized agencies' proposals about c lie n ts and services ( e .g ., pa ra-legal services fo r incarcerated women); and 3) there may be no necessary 155 connection between being able to "package" a c re d ib le program and being able to implement the plans, since u su a lly these re q u ire d iffe r e n t s k il ls and q u ite d iffe r e n t parts o f an o rg a n iza tio n are responsible fo r these a c t iv it ie s . As a r e s u lt, i t may be d i f f i c u l t to assess accurately the a n tic ip a te d performance and consequences o f each a lte rn a tiv e in terms o f the goal o f e ffe c tiv e n e s s . BET's need to expend federal CETA funds also means th a t some p la in ly less d e sira b le a lte rn a tiv e s have also been funded--a way o f actu­ a lly dim in ishing the p o s s ib ilitie s o f being e ffe c tiv e as w ell as produc­ ing a probable source o f waste and in e ffic ie n c y . A program head said a major problem in c o n tra c tin g was th a t BET "becomes more and more pressured as time goes on, because money is ready to spend." Conse­ q u e n tly , o f f ic ia ls give contracts to providers w ith "le s s than adequate p la n s ." No oth e r agencies are a v a ila b le , due to a lack o f com petition in the environment, so w illin g agencies are given funds despite the a n tic ip a te d problems. This phenomenon is not due to c o n tra c tin g per se, but to the d is in c e n tiv e s f o r having unexpended funds at the y e a r's end. The problem is increased, however, when the c o n tra c tin g u n it has no a lte rn a tiv e but to use con tractors to provide the desired se rvice s. If there was a choice to use e ith e r in-house s t a f f o r c o n tra c to rs , programs probably could be designed and implemented to f u l f i l l more e x a c tly the needs o f government. C. O b je c tiv ity and Fairness 1n C ontracting The complex CETA reg ulatio ns Include several pro visions f o r pro­ moting fa irn e s s in c o n tra c tin g . P o lit ic a l patronage and c o n f lic t o f in te r e s t in awards, f o r example, are s t r i c t l y forbidden. Although c e rta in types o f co n tra cto rs are to be given "maximum reasonable 156 op p o rtu n ity" to compete and be given awards, generally se le ctio n o f con­ tra c to rs is supposed to be made on the basis o f m e rit a fte r a thorough review. In most respects, these regulations appear to be follow ed in Michigan DOL. Nonetheless, the personal re la tio n s h ip s between bureau­ crats and contractors and the ro le o f p o litic ia n s in sta te CETA con­ tra c ts must be examined to determine whether other influences a ffe c t co n tra ctin g decisions. 1. Relationships Between Bureaucrats and Contractors BET does not hold the same p o te n tia l fo r fo s te rin g cozy o r cooptlv e re la tio n s h ip s as in DSS—fo r a basic s tru c tu ra l reason. BET's org an iza tion al s tru c tu re divides the work o f the bureau in to two major areas--on one sid e , p o lic y , planning, and program development; on the oth e r, on-going operations. The con tractin g plans, programs, and awards are the re s p o n s ib ility o f one set o f o f f ic ia ls . Contract n e g o tia tio n s , m onitoring, and assistance are c a rrie d out by another se t— the co n tra ct adm inistrators in the operations d iv is io n . For our purposes, th is means th a t the bureaucrats w ith the most frequent, on-going contracts w ith contractors are not the same in d iv i­ duals who make up the RFP's and decide awards fo r e ith e r o f the t i t l e s . Personal re la tio n s h ip s are less lik e ly to be a fa c to r in choosing con­ tra c to rs and renewals. C e rta in ly frien dsh ip s could develop between co n tra ct ad m inistrators and contractors which would undermine the o b je c tiv ity o f the m onitoring process and perhaps feed biased and inac­ curate in fo rm atio n in to the award process. But the o p p o rtu n itie s fo r th is are minimized by both the dominant ro le program o f f ic ia ls have taken in the T it le I I decision making process and the o b je c tiv e nature o f the T it le IV youth decision process. The con tract a d m in is tra to rs ’ 157 inform ation about contract implementation and compliance has had some­ what less influence on BET's plans, programs, and awards than they would lik e . ( I f they were consulted, interviewees suggested th a t they would reconvnend th a t several contractors would not receive renewals or other o p p o rtu n itie s to compete fo r c o n tra c ts .) In a d d itio n , because o f the three-year li m it on funds, lo y a ltie s born out o f long-term re la tio n ­ ships are less lik e ly to m a te ria liz e . Only a few p u b lic agencies and the labor union have gone beyond the li m it , e ith e r w ith the same o r d iffe r e n t programs. Nonetheless, to fin d out about th e ir associations w ith others, I asked respondents to ra te the frequency o f the fo llo w in g types o f re la ­ tions hi ps: 1. close and personal 2. warm and frie n d ly 3. s t r i c t l y businesslike 4. cool and d is ta n t 5. h o s tile and an ta g o n istic As w ith DSS, re la tio n s h ip s were described as ofte n warm and frie n d ly by h a lf o f the BET o f f ic ia ls and s ix (60 percent) o f the contractors (Tables 10 and 11). Nonetheless, 50 percent o f the o f f ic ia ls said th e ir re la tio n s h ip s were o fte n s t r i c t l y b u sin esslike. Very few d i f f e r ­ ences in perceptions between bureaucrats and contractors are evident. Again some respondents stated th a t th e ir re la tio n sh ip s were sometimes cool and d is ta n t or even h o s tile and a n ta g o n is tic —w ith somewhat more frequent responses o f th is kind by BET o f f ic ia ls . The question about whether bureaucrats act as advocates fo r con­ tra c to rs was also asked o f both o f f ic ia ls and providers (Table 12). It Table 10: S ta te B.E.T. O f f i c i a l s ' R e la tio n s h ip s W ith P rovid ers Close and personal Warm and frie n d ly Always 1 (17%) 1 (17%) Often 1 (17%) 3 (50%) 3 (50%) Sometimes 2 (33%) 2 (33%) 2 (33%) 3 (50%) 1 (17%) Never 2 (33%) 1 (17%) 3 (50%) 5 (80%) 6 (100%) 6 (100%) 6 (100%) Frequency: TOTALS 6 (100%) 6 (100%) S t r ic t ly businesslike Cool and d is ta n t H o stile and antagonistic __ Table 11: C o n tra c to rs ' R e la tio n sh ip s With B.E.T. C o n tra ctin g O f f ic ia ls Frequency: Close and personal Always Warm and frie n d ly S t r ic t ly businesslike 1 (10%) 1 (10%) Cool and d ista n t H ostile and antagonistic __ Often 3 (30%) 6 (60%) 4 (40%) _ Sometimes 3 (30%) 3 (30%) 4 (40%) 3 (30%) 1 (10%) Never 4 (40%) 1 (10%) 7 (70%) 9 (90%) 10 (100%) 10 (100%) 10 (100%) TOTALS 10 (100%) «... 10 (100%) 160 Table 12: Advocate Role o f B.E.T. Bureaucrats Frequency: State Contractors TOTALS Always 1 (20%) 2 (20%) 3 (20%) Often 2 (40%) 4 (40%) 6 (40%) Sometimes 2 (40%) 1 (10%) 3 (20%) 3 (30%) 3 (20%) 10 (100%) 15 (100%) Never TOTALS 5* (100%) * One respondent did not answer th is question. 161 was apparent th a t some con tract ad m inistrators saw th e ir jobs in terms o f a s s is tin g " th e ir " contractors. Often th is required an advocacy ro le —e .g ., cle a rin g payments fo r them, promoting th e ir programs w ith other o f f ic ia ls . Program heads also have acted as promoters o f contractors w ith e ffe c tiv e programs in th e ir areas o f r e s p o n s ib ility . Those who work c lo s e ly w ith the contractors then were more lik e ly than other o f f i ­ c ia ls to give "always" and "o fte n " as th e ir responses. This re s u lt was s im ila r to the answers in DSS, where county coordinators reported more freq ue ntly than sta te o f f ic ia ls th a t they act as advocates. For the providers, the responses were more scattered across the fo u r choices o f always (two, 20 p e rcen t), o fte n (4, 40 p e rce n t), some­ times (1 , 10 percent), and never (3, 30 percent). T heir answers seemed to depend in large p a rt upon the co n tra ct a d m in istra to r assigned to them, since some seemed to take on the advocacy ro le more o fte n and were generally more cooperative than others. Unlike in DSS, where none of the providers chose "never" fo r th is question, three o f the respondents said o f f ic ia ls never acted as t h e ir advocates. In general, most co n tra ct adm inistrators and program heads appear to act as advocates w ith other o f f ic ia ls fo r t h e ir agencies—e sp e cia lly when the programs are im portant ones and when they need assistance in fin d in g th e ir way through BET's confusing p o lic ie s and bureaucracy. As a co n tra cto r s a id , o f f ic ia ls are "supportive" because they want the con­ tra c to rs ' programs to "do w ell so they look good to th e ir bosses." Two o f the con tractors fo r spe cia lize d p ro je cts fo r women also saw them­ selves as rece iving extra assistance because BET wanted to fund th e ir unique programs and wanted them to succeed. At times, however, o f f i ­ c ia ls were c r it ic a l o f requests or actions o f some con tractors. And 162 they are lim ite d in what they can do fo r co n tra cto rs, since the impor­ ta n t decisions about p o lic ie s , awards, and renewals are made by a v a rie ty o f in d iv id u a ls . The only real evidence o f p re fe re n tia l treatment o r cooptation by bureaucrats in re la tio n s w ith contractors was a general conment made by a planning o f f i c i a l . She said th a t "cronyism" between ce rta in prime sponsors and the sta te 00L meant th a t a ll agencies are not given equal treatm ent. The more vocal and sometimes more c r it ic a l local agencies tend to get more a tte n tio n and assistance. From th e ir view point, some o f the contractors also said they thought p u b lic agencies were preferred in some T it le I I procedures and decisions. From th is and oth er informa­ tio n , I concluded th a t c e rta in p u b lic agencies were not only given more o p p o rtu n itie s to compete fo r co n tra cto rs, but they also on occasion were chosen fo r contracts th a t, i f they had been p riv a te agencies, they would not have received. Some o f these decisions have been made w ith in the program o ffic e s , w hile others have been made by the bureau and depart­ ment d ire c to rs . 2. Role o f P o litic ia n s in BET Contracting BET and p ro vid er respondents were also asked to evaluate the ro le o f most p o litic ia n s in the co n tra ctin g process. Generally BET o f f ic ia ls saw the a c t iv it ie s o f p o litic ia n s in somewhat more negative lig h t than did DSS s ta te and county o f f ic ia ls {Table 13). One interviewee said they were too in te r fe r in g , w h ile the re s t stated th a t they were only involved 1n contracts t h e ir constituents wanted. None said they were h e lp fu l, not involved enough, o r hardly involved a t a l l . The p ro vid ers' experience w ith elected o f f ic ia ls was somewhat d iffe r e n t than th a t o f bureaucrats, w ith two (20 percent) s ta tin g th a t p o litic ia n s were Table 13: Role o f P o litic ia n s in B.E.T. Contracting Role o f P o litic ia n s : State B.E.T. Generally q u ite helpful Not involved enough Too in te rfe rin g in decisionmaking Hardly involved, but th a t's the way I p re fe r i t Only involved in contracts constituents want TOTALS * One respondent did not answer th is question. — Contractors TOTALS 2 (20%) 2 (13*) — 1 (7%) 1 (20%) __ ------ 3 (30%) 3 (30%) 4 (80%) 5 (50%) 9 (60%) 5* (100%) 10 (100%) 15 (100%) 164 g e ne rally h e lp fu l. Three respondents (30 percent) thought they were hardly involved a t a l l and fiv e (50 percent) said th a t they were only involved in contracts t h e ir c o n stitu e n ts wanted. As mentioned above, some o f the providers said th a t from what they saw, BET was r e la tiv e ly fre e o f the p o lit ic a l influences th a t were conrnon in the lo c a l prime sponsors' decisions. The o v e ra ll p ic tu re o f p o litic ia n s ' involvement in s ta te CETA con­ tra c ts 1s ra th e r s im ila r to th a t found in DSS' s o c ia l se rvice s, even though p o lit ic a l pressure is more o fte n exerted by s ta te le g is la to rs instead o f by lo c a l o f f ic ia ls . Elected o f f ic ia ls are in te re s te d in hav­ ing funds channeled to t h e ir d is t r ic t s and sometimes to s p e c ific agen­ cies as w e ll. Thus, they have become a c tiv e in a s s is tin g c o n s titu e n t organizations in being considered f o r awards. While they do not have many contacts w ith o r in flu e n ce over bureaucrats in t h e ir recommenda­ tio n s f o r awards, on occasion they have been e ffe c tiv e in in flu e n c in g the fin a l choices o f the bureau and department d ire c to rs . As a re s u lt, BET has had several sweetheart (o r "heaven above") con tracts over the past y e a rs . A c le a r case o f a sweetheart c o n tra ct was reported by two o f f i ­ c ia ls . A C a th o lic agency has had contracts f o r years, both through T it le I I and IV funds. Not only have the co n tra c t amounts exceeded the s p e c ifie d l i m i t on youth c o n tra c ts , b u t, according to a co n tra c t admin­ is t r a t o r , BET could have gotten another agency to provide the services more e ffe c tiv e ly . A program head m aintained, however, th a t usually p o litic ia n s have not been very successful a t pushing poorly run programs. Almost a ll o f the o f f ic ia ls expressed some resentment over the changes th a t the appointed bureau and department heads have made. A 165 p o lic y and planning supervisor stated th a t she tr ie s "to make p o lic y p r io r it ie s th a t are good, but the decisions made a t higher le ve ls are not con sisten t w ith these." One o f the o f f ic ia ls explained th a t many " p o litic ia n s may not have much inform ation and understanding" o f what BET 1s attem pting to do w ith the CETA con tracts—w ith the im p lic a tio n th a t i f they d id , they would not pressure BET to change th e ir p r io r itie s . That judgment is probably too c h a rita b le . Even those who know the goals o f BET have not been averse to tampering w ith the experts' recommenda­ tio n s . The department d ire c to r, P a tric k Babcock, had both a "hands-on" s ty le where co n tra ctin g was concerned and some p o lit ic a l ambitions o f his own, which in combination meant th a t some "capriciousness" in fund­ ing was almost in e v ita b le . Some o f these decisions probably derived from his use o f contracts to achieve his own goals w h ile others resu lted from p o litic ia n s who understood Babcock's s ty le and his p o lit ic a l v u l­ n e r a b ility . As w ith the DSS case, sweetheart contracts can come from the decisions o f e ith e r elected o f f ic ia ls o r appointed department heads —both o f whom tr y to augment th e ir p o lit ic a l support by th is means. These fin d in g s in d ic a te th a t despite professional e xp ertise and a model T it le IV con tractin g out process, p o litic s can s t i l l be a fa c to r in awards decisions. Consequently, the fin a l choices by BET have not always been con sisten t w ith maximizing service performance and e ffe c ­ tiveness, much less e ffic ie n c y . IV. A. The Watchdog Role o f BET Review Procedures Considering BET's goals fo r CETA co n tra cts, thorough and o b je ctiv e reviews are c r it ic a l fo r two areas— co n tra ct compliance and program e ffe c tiv e n e ss. These reviews should also be u tiliz e d when contracts 166 are considered fo r renewals. By these methods the government can be as­ sured th a t c lie n ts are rece iving the kinds and q u a lity o f services they re q u ire . And BET can gain useful knowledge about the cause and e ffe c t re la tio n s h ip s th a t operate under various service conditions and programs. Most o f the T it le I I and IV contracts are reviewed only in d ir e c tly by the Bureau* however, through co n tra cto rs' s e lf-re p o rtin g o f expendi­ tures and progress in accordance w ith BET's guidelines and forms. A ll c o n tra c t m onitoring is performed by the co n tra ct a d m in istra to rs, but they mainly check the p ro vid e rs' performance and expenditures forms fo r simple compliance w ith the terms o f the con tract (e .g ., fo r c o rre ct number o f enrol lees, fo r overspending and underspending), and f i l e them. As w ith DSS co n tra cts, the most rigorous s c ru tin y is reserved fo r de ter­ mining p a rtic ip a n ts ' e l i g i b i l i t y . A lo tte r y system lik e DSS' is used fo r p u llin g c lie n ts ' f ile s to v e r ify inform ation. Unlike the DSS reviews, however, the m onitoring o f expenditures does not appear to be p a r tic u la r ly thorough during the l i f e o f the co n tra ct. Even when the pro vid er is found to be in non-compliance, the co n tra ct may not be t e r ­ minated i f the pro vid er shows "good f a it h . " Contract ad m in istrators provide them w ith technical assistance to move the program or adminis­ tr a tio n in the agreed-upon d ire c tio n . O n-site f ie ld v is it s were f i r s t employed fo r the e a rly p a rt o f the c u rre n t fis c a l year FY8I, and then only In fre q u e n tly . The personnel are no longer a v a ila b le to make v is its because o f s t a f f cuts and tra ve l curta ilm e nts. (BET has had plenty o f federal funds to spend on con­ tra c ts and s t a f f s a la rie s , but i t has suffered along w ith oth er depart­ ments in the s ta te 's s t a f f reduction e f f o r t s . ) On rare occasions, co n tra ct monitors have c a lle d on sub -contractors, but most o f the 167 sub-contracted services are in d ir e c tly reviewed through the co n tra cto rs' reports. T it le I I linkage contracts appear to receive even less review, since they do not serve c lie n t populations d ir e c tly . Some o f the providers also compile fin a l reports on th e ir pro­ je c ts , through th e ir own in it ia t i v e . These range from very professional, thorough, and o b je c tiv e analyses to b r ie f summaries o f the program, completion ra te s , placements, e tc. Sometimes contractors include p a r t i­ cip a n t evaluations and fo llo w -u p s; these are the only means BET has of obtaining c lie n t view points, aside from a p a rtic ip a n ts ' grievance proce­ dure. I t is unclear what, i f anything, BET does w ith these re p o rts. C e rta in ly i t does not disseminate inform ation about the "model" o r "demonstration" p ro je cts th a t have been successful in meeting employment needs—y e t th a t would seem to be a natural f u lf illm e n t o f th e ir goals. BET's program development d iv is io n has only in fre q u e n tly produced in-depth evaluations and follow -ups i t s e l f to determine i f c e rta in pro­ grams are e ffe c tiv e , what changes are necessary, and 1f they should be continued. Several o f the pro vid e r respondents suggested th a t BET did not seem to be p a r tic u la r ly in te re ste d in th e ir re s u lts —even when some had not done very w ell in meeting th e ir o b je ctive s. This fa ilu r e to do adequate performance reviews is obviously in co n siste n t w ith BET's avowed purpose to fund model programs. How else is BET to know th a t i t is using it s funds wisely? The p o st-a u d it is by fa r the most thorough means o f v e rify in g expenditures and co n tra ct compliance fo r the BET co n tra cts. A ll con­ tra c ts o f $100,000 and over are ro u tin e ly audited by p riv a te firm s , w h ile each year 10 percent o f a l l oth e r contracts are randomly selected fo r audits by the regional o ffic e o f the federal DOL. Since very few 168 contracts are fo r over the $100,000 amount, most o f the con tracts actu­ a lly do not get a thorough review. As in DSS, a u d its are performed some time a fte r the end o f the co n tra ct ye a r, such th a t i f expenditure and compliance m onitoring has not spotted any ir r e g u la r it ie s , the problems can go undiscovered f o r almost two years. Of the T it le I I and IV c o n tra c ts , approxim ately fiv e have been term inated f o r non-compliance w ith the co n tra c t and/or CETA re g u la tio n s in the la s t three years. Several o th e r agencies have v o lu n ta r ily te rm i­ nated t h e ir contracts before the s p e c ifie d end o f the c o n tra c t ye a r, fo r a v a rie ty o f re a so n s--in clu d in g la te s ta rt-u p s , s t a f f problems, e tc . One a d d itio n a l c o n tra c t was revoked when BET learned th a t the agency d ir e c to r was in j a i l . Because o f these and o th e r experiences w ith c e r­ ta in p u b lic and p riv a te agencies, BET has decided th a t several agencies w i l l not be considered fo r fu tu re co n tra c ts . B. Opinions About BET Review Procedures Interviewees were also asked a question about t h e ir viewpoints o f the m onitoring and e va lu a tio n o f co n tra cts: In your area, do you believe th a t the m onitoring and e va lu a tio n o f co n tra cto rs is : 1. 2. 3. 4. 5. 6. too s t r i c t , w ith too much unnecessary and burdensome paperwork involved not adequate to oversee expenditures not adequate to evaluate performance not s t r i c t enough to oversee expenditures o r to evaluate performance adequately ju s t about r ig h t some o th e r response? BET o f f ic ia ls were very c r i t i c a l o f t h e ir own review methods, o r lack o f them (Table 14). Four o f the fiv e who answered the question gave the fo u rth response— the procedures are not adequate to oversee expen­ d itu re s o r to evaluate performance. Of the c o n tra c to rs , fo u r (40 Table 14: M o n ito rin g and E valua tion o f B.E.T. C ontractors Monitoring and evaluation is : Too s t r ic t , w ith too much paperwork Not adequate to oversee expenses State „ — Not adequate to evaluate performance Not enough fo r expenditures or performance TOTALS * One respondent did not answer th is question. + Error due to rounding. 1 (10*) TOTALS 1 (7*) — — * » 2 (20%) 6 (40%) 4 (40%) 4 (27%) 1 (20%) 3 (30%) 4 (27%) 5* (100%) 10 (100%) 15 (101%)+ 4 (80%) Just about rig h t Some other response Contractors 170 percent) o f the ten said th a t the procedures were ju s t about r ig h t , but the oth e r c o n tra c to r respondents were more c r i t i c a l . Two who chose "some o th e r response" combined two o f the a lte r n a tiv e s --th e m onitoring and eva lu atin g requires too much burdensome paperwork and is inadequate to evaluate performance. The respondent who gave the f i r s t choice, answered in the same vein by saying th a t a c tu a lly the reviews are not too s t r i c t — they ju s t req uire too much time-consuming paperwork. Respondents were also asked to p in p o in t the major problems asso­ cia te d w ith the reviews. on th is s u b je c t. There was almost unanimity among BET o f f ic ia ls A ll but one o f them answered th a t they had in s u f f i­ c ie n t tim e, s t a f f , and tra v e l funds necessary to do o n -s ite f ie ld moni­ to rin g . Consequently, o f f ic ia ls have not been able to a s s is t contrac­ to rs as e ffe c tiv e ly as they m ight, nor can they determine what the p ro v id e rs ' a d m in is tra tio n and program s t a f f are a c tu a lly doing. fo llo w in g problems were also given by o f f ic ia ls : The "c o n tra c t work statements are w ritte n so we cannot hold them to i t ; " some resistence by con tractors to m onitoring and e v a lu a tio n , since they are somewhat pro­ te c tiv e o f t h e ir records; and i t is " d i f f i c u l t to develop d iffe r e n t too ls and measures fo r e v a lu a tio n ," p a r tly because o f d iffe r e n t p r i o r i ­ tie s fo r the programs. Two fa m ilia r themes ran through the responses o f the p ro vid e rs— th a t the paperwork load was very heavy and th a t the performance reviews were Inadequate. A constant vexation were the various forms th a t were required by CETA and BET. For the same program, some co n tra cto rs must f i l l out q u ite d iffe r e n t sets o f forms f o r each d iffe r e n t funding source—even though the in fo rm atio n is u su a lly the same. Some o f the con tractors said th a t they have fa lle n behind schedule in subm itting 171 reports o r v e rify in g e l i g i b i l i t y because o f the u n re a lis tic expectations. A p ro vid e r claimed th a t even w ith the m onitoring and the expenditure, e l i g i b i l i t y , and progress re p o rts , a dishonest co n tra cto r could s t i l l fin d methods o f defrauding the government su cce ssfu lly. Several o f the co n tra cto r respondents complained about BET's narrow view o f performance. They noted th a t although BET o f f ic ia ls ta lk about g e ttin g good re s u lts , they have focused most o f t h e ir m onitoring e ffo r ts on forms, e l i g i b i l i t y , e t c . —not on performance outcomes, fo llo w -u p s, and service q u a lity . BET's sin g le measure o f success is whether o r not a program p a rtic ip a n t has been placed in employment immediately a fte r completion o f a program. One o f the contractors found th is emphasis on placement numbers to be q u ite inadequate fo r his program fo r adjudicated m in o rity high school drop-outs. Other long- and short-term p o s itiv e by­ products o f the program were also im portant fo r e n ro lle e s—e . g . , staying out o f tro u b le , going back to school. Another interview ee w ith a linkage c o n tra c t stated th a t her agency has no external source o f evaluation fo r essential feedback about t h e ir tra in in g programs. She suggested that "in te rn a l evaluations are always slanted" in th e ir own fa v o r, such th a t the re s u lts would not always be r e lia b le and v a lid . Although th e ir c ritic is m s were fewer in number and narrower in scope, BET o f f ic ia ls and contractors seemed to have some o f the same problems as DSS respondents did in the m onitoring and evaluation o f th e ir prog rams—the paperwork; the inadequate evaluation measures and to o ls ; and lack o f tim e, s t a f f , and funds. Both departments emphasized c lie n t e l i g i b i l i t y v e r ific a tio n , did less w ell on reviewing expendi­ tu re s , and fa ile d in evaluating program performance and e ffe ctive n e ss. While everyone agreed th a t not enough m onitoring and evaluation was 172 being done, everyone also concurred th a t w ith the s ta te 's fis c a l squeeze the s itu a tio n was u n lik e ly to change in the near fu tu re . V. B enefits o f Contracting Out Now th a t the three conditions o f com petition, decisionmaking, and reviews have been examined, we should also evaluate 1 f BET's programs measure up to the expectations about co n tra ctin g out th a t have been posited by the p u b lic choice approach--cost red uctio n, b e tte r services, and a slowdown in government growth. The OSS case showed th a t even though a ll three conditions were incongruent w ith the con d itio n a l assump­ tio n s o f co n tra ctin g proponents, one o f the expectations probably was re a lize d because o f another, compensating c o n d itio n —professionalism . Thus, i t is possible th a t some o f the con tractin g be ne fits have been achieved in BET's programs, despite the fa ilu r e to meet a ll three con­ tr a c tin g con dition s. A. The Costs o f Contracting Out Assessing the comparative costs (and q u a lity ) o f in-house versus p riv a te service p ro visio n 1n T it le I I and IV poses a problem fo r th is study, since v ir t u a lly a ll d ire c t and linkage services are purchased by BET. Respondents have l i t t l e em pirical basis fo r comparing e ith e r the cost o r the q u a lity o f services by these two methods. Interviewees could, however, compare the re la tiv e costs and p e rfo r­ mance o f p riv a te and p u b lic con tractors. A ll o f the BET o f f ic ia ls have worked w ith both types o f providers under both t i t l e s . The p riv a te con tractors q u ite n a tu ra lly would tend to be biased in t h e ir a n a lysis, judging from the DSS re s u lts , hut t h e ir opinions in themselves are o f some in te re s t. 173 Generally the p u b lic choice lite r a t u r e has maintained th a t e ith e r p u b lic o r p riv a te agents can be used to achieve t h e ir e ffic ie n c y goals, but more rece ntly some w rite rs have argued th a t the p riv a te sector is in h e re n tly sup erior to p u b lic p ro visio n .® Therefore, i t is not Inappro­ p ria te to examine the viewpoints o f co n tra ctin g actors concerning the d iffe re n ce s. The same question th a t was used in the OSS study was also asked o f DOL respondents, but the meaning fo r them was d iffe r e n t because o f the d iffe r e n t context. They did not focus on the e ffe c t o f co n tra ctin g out in i t s e l f , but on the e ffe c ts o f the type o f service p ro vid e r. In the contracts and services you work w ith , do you th in k c o n tra ctin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than, government d e liv e ry o f those services would? The answers o f the sta te o f f ic ia ls and the contractors d iffe re d markedly (Table 15). While none o f the BET respondents said the costs o f p riv a te agencies were less than government agencies, s ix (60 percent) o f the pro vid er respondents thought they were. Three interviewees o f each group believed costs were equal (50 percent o f BET, 30 percent fo r pro­ v id e rs ); one from each group said costs were higher w ith p riv a te con­ tra c to rs (17 percnet, 10 pe rce n t); and two BET o f f ic ia ls said re la tiv e costs depended on the s t a f f , the se rvice , and the agency's experience. Respondents provided a v a rie ty o f reasons fo r th e ir answers. Those who believed p riv a te costs are ge ne rally equal to o r g re ate r than p u b lic p ro visio n made these comments: Q "p riv a te agencies underestimate For one o f the “ best" examples, see Robert M. Spann, "P u blic versus P riva te P rovision o f Governmental S e rvices," in Thomas E. Borcherdfng, e d ., Budgets and Bureaucrats: The Sources o f Government Growth (Durham, N.C.: Duke U n ive rsity Press, 1977), pp. 71-89. 174 Table 15: The Cost o f B.E.T. Services By P riva te Contractors Cost: State Less than government Contractors TOTALS 6 (60%) 6 (38%) Equal to government 3 (50%) 3 (30%) 6 (38%) More than government 1 (17%) 1 (10%) 2 (13%) " I t depends" 2 (33%) TOTALS * E rro r due to rounding. 6 (100%) 2 (13%) 10 (100%) 16 (102%)* 175 how much i t c o sts;" a ll contracts are cost reimbursement contracts w ith the same CETA g u id e lin e s; and there is "tremendous overhead" w ith some p riv a te agencies. On the oth er hand, providers who said the costs were lower w ith p riv a te agencies gave many o f the same reasons as given by the DSS respondents who compared p riv a te to in-house supply. In th e ir view, the government co n tra cto r agencies in c u r more expenses because o f bureaucracy, red-tape, c iv i l service, and higher s a la rie s ; w h ile p riv a te agencies are more fle x ib le and e f f ic ie n t , are forced to liv e w ith in fin a n c ia l r e s tra in ts , have less overhead and lower s a la rie s , and are motivated by " p r o f it . " B. The Q u a lity o f P riva te Service Contracting The same type o f question was asked about the q u a lity o f p u b lic versus p riv a te service p ro visio n : For the contracts and services you work w ith , do you th in k c o n tra ctin g w ith p riv a te agencies o r firm s re s u lts in poorer s e rv ice , about the same q u a lity o f service, o r b e tte r ser­ vice fo r re c ip ie n ts than government service d e liv e ry would? Again the s ta te o f f ic ia ls and the contractors disagreed in th e ir opin­ ions {Table 16). None o f those from BET said th a t p riv a te agencies per­ formed b e tte r than p u b lic agencies. Four o f f ic ia ls (67 percent) believed th a t p riv a te services are equal to p u b lic ly -p ro v id e d ones. One con tract a d m in is tra to r concluded from her experience th a t p riv a te agencies pro­ vided poorer services than government agencies d id , w h ile another o f f i ­ c ia l said th a t the service q u a lity depended upon the agencies' and s t a f f members' experience. A p o lic y and planning o f f ic ia l conroented th a t each type o f agency has c e rta in strengths and weaknesses fo r CETA co n tra ctin g purposes. Because they have had more experience in government programs and d ire c t 176 Table 16: The Q u a lity o f B.E.T. Services By P riva te Contractors Q u a lity : State B e tte r than government Contractors TOTALS 7 (70%) 7 (44%) Equal to government 4 {67") 1 (10%) 5 (31%) Poorer than government 1 (17%) 1 (10%) 2 (13%) "Depends" 1 (17%) 1 (10%) 2 (13%) TOTALS * E rro r due to rounding. 6 (101%)* 10 (100%) 16 (101%)* 177 s e rv ic e s , p u b lic agencies u su a lly are b e tte r able to run programs, han­ dle c lie n ts , and meet BET’ s s p e c ific needs. G enerally n o n -p ro fit agen­ cies also have a good programmatic sense, but t h e ir a d m in is tra tiv e s k ills are fre q u e n tly inadequate. She a ttrib u te d th is f a llin g to the fa c t th a t many o f these agencies " liv e hand-to-mouth because o f t h e ir grant depen­ dence." On the o th e r hand, p riv a te , p ro p rie ta ry firm s have b e tte r a d m in is tra tiv e s k i l l s , y e t they are not u su a lly very competent 1n pro­ v id in g the program and services to c lie n ts . The advantage o f the p r i ­ vate over the p u b lic agencies is th a t the p riv a te providers are "h u n g rie r, so they want to cooperate." i t th is way: Another co n tra ct sup ervisor put "the y are more lik e ly to be responsive to c o rre c tiv e a c tio n " because o f t h e ir g re a te r need fo r funds. C ontractors answered th a t p riv a te agency service q u a lity was be t­ te r than government's, w ith seven g iv in g th is response (70 p e rcen t). The o th e r three a lte rn a tiv e s were chosen by only one respondent fo r each. Those who said the services were b e tte r in the p riv a te secto r gave these reasons: more f l e x i b i l i t y , less bureaucracy, more personal contact, fewer re g u la tio n s , g re a te r e x p e rtis e , b e tte r s t a f f , less p o lit ic a l in te r ­ ference. In a d d itio n , they claim ed, i f the agencies do not do a good jo b , they w i l l not get funded. That fa c t alone provides an in c e n tiv e f o r good performance. These responses and comments are c o n siste n t w ith the answers given by DSS p ro vid e rs. I t appears th a t many p riv a te agencies b e lie ve th a t p u b lic agencies, whether under co n tra c t o r n o t, are in f e r io r in most co st and performance respects to p riv a te agencies. The c o n tra c to rs ' opinion th a t p riv a te agencies have more in ce n tive s to m aintain good se r­ vices seems to be substan tiated by the comments o f o f f ic ia ls . But the 178 o ve ra ll performance would only be b e tte r i f a ll oth er fa cto rs c o n trib u t­ ing to q u a lity services were otherwise equal--and th a t may not be the case fo r some agencies. The question s t i l l remains, however: Have the expectations o f cost reduction and improved services been re a lize d by BET's heavy relia nce on co n tra ctin g out? Although there is no d ire c t evidence on th is m atter in the in te rv ie w s, c e rta in fa cto rs can be considered to c la r if y th is issue. Some large i n i t i a l costs o f b u ild in g an agency o r various programs have been avoided by using e x is tin g spe cia lize d agencies. C e rta in ly the contracts help to cover some overhead and a d m in is tra tiv e costs these agencies must in c u r, but i t is probably less than the costs o f s ta rtin g from v ir t u a lly nothing. On the oth e r hand, BET i t s e l f has sustained s ig ­ n ific a n t expenses d ir e c tly and e x c lu s iv e ly due to purchasing services from a wide range o f d iffe r e n t s u p p lie rs . The costs o f co n tra ct adminis­ tr a tio n appear high, as the DSS acfaiinistrators suggested. Not only must they negotiate and m onitor the c o n tra cts, but the co n tra ct adm inistrators must also provide a great deal o f technical assistance to providers — assistance which is p a r tic u la r ly necessary when new con tractors are used. In a sense, then, BET absorbs program s ta rt-u p costs each time a new agency is u t iliz e d , both in the "p ric e " o f the co n tra ct fo r the agency's a d m in is tra tiv e needs and in the personnel costs fo r BET a d m in istra to rs. The issue o f comparative service q u a lity is a d i f f i c u l t one. It is unclear whether p riv a te service q u a lity is in h e re n tly b e tte r than p u b lic pro visio n because o f the s tru c tu re o f p u b lic and p riv a te agencies. I f p riv a te services are usually b e tte r, then the p o s itiv e answers o f the DSS o f f ic ia ls and providers can be explained in those terms—not ju s t 179 because o f the c o n tra c t mechanism. This would conform w ith the answers th a t DOL co n tra cto rs gave as w e ll. What is in te re s tin g in the DOLcase, however, is th a t the BET o f f i ­ c ia ls saw few d iffe re n ce s in se rvice q u a lity between the p u b lic vate agancies. and p r i ­ In a d d itio n , they were o fte n d is s a tis fie d w ith the performance o f t h e ir c o n tra c to rs —both the p u b lic and p riv a te pro vid ers. The youth contracts were p a r tic u la r ly d isa p p o in tin g . The f i r s t y e a r’ s placement rates were low and several o f the agencies had d i f f i c u l t y even g e ttin g t h e ir programs in to o p era tion . This re s u lt in d ica te s a problem w ith purchasing human se rvice s—c o n tra c tin g u n its must depend upon oth er agencies both to design th e ir own programs and then to implement them. C ontractors' e ffo r ts may not coincide w ith the goals o f the o f f i c i a l s ; y e t, in the BET case, these services were purchased anyway because o f no o th e r a lte rn a tiv e s . BET does not have it s own in-house s t a f f to provide more d e s ira b le se rvice s. Nor were there any o th e r p u b lic o r p riv a te agencies to s o l i c i t since a ll o f them had already been in v ite d to submit proposals. lity . Consequently, the services were not u n ifo rm ly o f good qua­ Reliance on ou tside agents means th a t the co n tra ctin g u n it can lose co n tro l over the services themselves. Therefore, they may not meet the o b je c tiv e s s e t fo r them by government o f f ic ia ls . C. Slowdown o f Government Growth Just as i t is d i f f i c u l t to evaluate the success o f the expecta­ tio n s o f lower cost and b e tte r se rv ic e s , 1t is also d i f f i c u l t to d e te r­ mine i f government growth has been slowed through DOL c o n tra c tin g . Many fa c to rs a ffe c t both personnel and budget growth, and, o b vio u sly, we have no measures o f what would have occurred i f the services had not been contracted o u t. I t can be speculated, nonetheless, th a t growth may have 180 been held in check by the use o f outside c o n tra c to rs . The fa c t o f con­ tra c tin g and the usual thre e-yea r l i m i t on funding may have prevented some in e ffe c tiv e programs from becoming in s titu t io n a l ized—as is wont to happen in bureaucracies. Government growth, however, should not be analyzed only from the narrow view o f DOL's budget and personnel growth. BET has made funds a v a ila b le to o th e r s ta te and lo c a l p u b lic agencies th a t have found 1t necessary to add s t a f f to accommodate the increased demand. In a d d itio n , when the BET funds have no longer been a v a ila b le , lo c a l prime sponsors o r c it y governments have o fte n c o n trib u te d the funds necessary to keep p ro je c ts going. A fte r three years o f se rvice to a community, there may be s ig n ific a n t pressure to continue these p ro je c ts —even i f they are not congruent w ith a lo ca l u n it 's p r io r it ie s . Many lo ca l governments throughout the U.S. have found i t d i f f i c u l t to withdraw t h e ir support from programs th a t have been s ta rte d w ith federal and s ta te funds. Conclusion C ontracting in DOL has been marked by some procedures--not found in DSS— th a t have enhanced c o m p e titio n , improved decisionmaking, and prevented long-term re lia n ce on BET co n tra c ts . In p a r tic u la r , BET has used system atic needs assessment methods th a t depend upon in fo rm atio n from a v a rie ty o f sources—not ju s t those w ith vested in te re s ts . O f f i­ c ia ls have u t iliz e d these means to set p r io r it ie s and make co n tra cts. The T it le I I c o n tra c t process also is a model o f wide s o lic it a t io n to promote com p etitio n. choose. I t allowed BET more a lte rn a tiv e s from which to When these proposals were considered, the process was f a i r and o b je c tiv e , e s p e c ia lly since the c r it e r ia used fo r evaluations were known in advance to those sub m itting proposals. In a d d itio n , the 181 three-year li m it appears to have widened BET's choices by not allowing i t s e l f to become lo cke d -in to c e rta in undesirable p ro je c ts . Not only has th is allowed BET more f l e x i b i l i t y , but i t has also helped to accomplish th e ir goals o f promoting model pro je cts which, i f e ffe c tiv e , can in turn gain lo cal co n tro l and support. The DOL co n tra ctin g system has n o t, however, f u l f i l l e d a ll o f the c o n d itio n a l requirements assumed by the p u b lic choice proponents o f con­ tr a c tin g . F ir s t, the lim ite d com petition in the environment has meant th a t a c tu a lly BET has had a lim ite d choice o f responsive and responsible agencies. T it le I I and IV funds have sometimes been unwisely used because agencies have not been a v a ila b le to f u l f i l l BET's needs as they see them. The matching requirement fo r the T it le IV youth contracts probably in h ib ite d com petition fo r c o n tra cts, even though BET s o lic ite d w idely fo r proposals. Second, the com petitive procedures in the T it le IV program have not been used beyond the f i r s t year or fo r T it le I I con­ tra c ts . Generally the procedures fo r the T it le I I programs have reduced com petition and choice fo r BET. T hird , decision making in BET has not always follow ed the model process set up by o f f ic ia ls fo r the T it le IV contracts. Apparently there has been some preference in s o lic ita tio n s and awards fo r c e rta in p u b lic agencies ( i . e . , prime sponsors, school d is t r ic t s ) . Some awards have also been m otivated, not by a desire fo r cost reduction or e ffe c ­ tiv e service performance, but by p o lit ic a l considerations. This pheno­ menon v io la te s the com petitive process and BET's goal o f maximizing e ffe ctive n e ss. Fourth, the watchdog ro le o f BET over th e ir contracts has c le a rly been in e ffe c tiv e . The procedures emphasize e l i g i b i l i t y v e r ific a tio n and 182 not m onitoring and eva lu atin g performance and e ffe ctive n e ss in helping the unemployed poor. W ithout having accurate, complete, and o b je c tiv e in fo rm atio n about services and t h e ir re s u lts , i t is indeed d i f f i c u l t to make wise choices. These con dition s have been analyzed to determine i f they measure up to the assumptions o f the p u b lic choice approach. In several respects the three key con dition s appear to be absent o r only p a r t ia lly f u l f i l l e d in these BET programs. I t is uncertain i f the co n tra ctin g mechanism has le d to the p o s itiv e b e n e fits expected by c o n tra c tin g propo­ nents. Some o f the same service problems raised by c r it ic s o f bureaucra­ t i c supply— i . e . , overspending, waste, in e ffe c tiv e services— have been present in the contracted se rvice s. Although these d i f f ic u lt ie s proba­ b ly would have also m a te ria liz e d i f DOL had produced the contracted services i t s e l f ( e .g ., through MESC), th is case in d ica te s th a t c o n tra c t­ ing out does not n e ce ssa rily avoid some o f the problems in he ren t in most bureaucracies. The services themselves may be provided in some non- b u reaucratic s e ttin g s , but many o f the c r i t i c a l decisions are, nonethe­ le s s , made w ith in the context o f a large p u b lic bureaucracy. The f a ilu r e o f the p u b lic choice model to provide a good f i t fo r DOL c o n tra c tin g necessitates the eva lu a tio n o f the o th e r two perspec­ tiv e s to determine i f they are a p p lica b le . F ir s t , the perspective o f market im perfections provides a good explanation fo r some o f the r e a li­ tie s o f DOL c o n tra c tin g . I t h ig h lig h ts the im portant ro le o f competi­ t io n — e s p e c ia lly the com petition among providers in the government agency's environment. M ainly because employment and tra in in g services f o r the needy have p u b lic good c h a ra c te ris tic s , few p riv a te agencies e x is t to provide these s e rv ic e s , and those th a t do have been created 183 w ith government assistance. Most o f BET's contracts go to p u b lic agen­ cies th a t want to avoid d ire c t com petition w ith other pro vid ers. There­ fo re , the supply o f p o te n tia l p u b lic and p riv a te con tractors is very lim ite d . BET's choice among providers is also lim ite d as a re s u lt. Many o f those who proposed p ro je cts fo r BET did not even measure up to the minimum standards set by o f f ic ia ls . While the s p e c ific a tio n s may have been ra th e r am bitious, th is s itu a tio n illu s t r a te s an im portant p o in t. In co n tra c tin g , government agencies are dependent upon a va ila b le service supply when they cannot (o r w i ll not) provide the service them­ selves. Competitive procedures, lik e those used in the youth program, can enhance com petition and choice, but they seldom can create competi­ tio n where i t does not already e x is t. The perspective o f market im perfection also emphasizes the s ig n i­ ficance o f inform ation in making choices among providers and in m onitor­ ing c o n tra c to rs ' performance. Because o f the costs, decisionmakers must s im p lify and reduce th e ir search fo r re le va n t, accurate, and complete in fo rm atio n. This is exa ctly what DOL has done. Since the re q u is ite resources are very lim ite d , BET has decided to focus it s m onitoring e ffo r ts on v e rify in g c lie n t e l i g i b i l i t y . O n-site m onitoring and program evaluations have not been conducted by BET because they are not required by CETA re g u la tio n s. In these and oth er areas o f compliance, BET has had to re ly on inform ation from the service " s e lle r s ," who have both the Incentives and the o p p o rtu n itie s to put th e ir programs in the best pos­ s ib le lig h t . Not only can they provide favorable inform ation fo r reviews, but they also are the only sources o f inform ation fo r decisions on awards. m inim al. In a ll o f th is , c lie n t feedback and follow -ups have been 184 Some aspects o f DOL co n tra ctin g can also be analyzed through the cooptation perspective. This perspective points out th a t co n tra ctin g may o ffe r o p p o rtu n itie s fo r mutual advantage fo r bureaucrats, p o l i t i ­ cians, and co n tra cto rs. In DOL, close re la tio n s h ip s between bureaucrats and contractors did not seem to be convnon, but some preferences fo r c e rta in p u b lic agencies was in evidence 1n s o lic ita tio n s and awards. This phenomenon (and more extreme forms o f i t ) 1s predicted by the coop­ ta tio n perspective. In p a r tic u la r , prime sponsors have become an in te ­ gral p a rt o f the DOL's employment and tra in in g system--such th a t they have become key actors 1n BET's policy-making process in v o lv in g con­ tra c ts . They have in sid e Inform a tion , special s k i l l s , and CETA regula­ tions which give them an advantage over p riv a te agencies. In a d d itio n , some o f the awards in BET have been motivated by p o lit ic a l gain. Both le g is la to rs and appointed DOL o f f ic ia ls have used th e ir po sitio ns on occasion to b u ild p o lit ic a l support. Both the pre­ ference f o r c e rta in p u b lic agencies and the use o f co n tra ctin g f o r p o li­ t ic a l goals v io la te s the norms o f the com petitive process. C ertain agencies are disadvantaged as a consequence. C lie n ts ' needs and view­ points are not used as the basis fo r awards. And the agencies used may not be able to provide the q u a lity o f services fo r re c ip ie n ts th a t they deserve. In sum, both o f these perspectives o ffe r explanations o f why con­ tra c tin g out 1n DOL has not met the id e a ls o f the p u b lic choice approach. They may not be able to explain a ll aspects o f the complex process; y e t they co n trib u te to our understanding o f how market imper­ fe c tio n s and p o lit ic a l m otivations can produce less than ideal p o lic ie s , behavior, and re s u lts . CHAPTER VI CONCLUDING ANALYSIS OF CONDITIONS AND EXPECTATIONS IN CONTRACTING OUT This d is s e rta tio n has tr ie d to u n ite two types o f a n a lysis: 1) the development o f the p o lit ic a l and economic perspectives th a t p e rta in to the p u b lic choice p re s c rip tio n fo r co n tra ctin g o u t, and 2) an em p iri­ cal examination o f human service co n tra ctin g in various se ttin g s w ith in two departments o f Michigan sta te government in lig h t o f the three d i f ­ fe re n t perspectives. As a re s u lt, th is study o ffe rs a unique in q u iry in to th is most tim ely sub je ct. I t has taught us much about the actual processes involved in con tractin g fo r services in Michigan under two major federal acts. I t suggests ways in which the p u b lic choice model o f c o n tra ctin g is inadequate fo r understanding the r e a litie s o f DSS and DOL c o n tra c tin g . And the relevance o f the two a lte rn a tiv e social science tr a d itio n s has been affirm ed in several im portant respects. In th is chapter, I w i ll h ig h lig h t the major fin d in g s from the two departments in terms o f the major con dition al assumptions o f the p u b lic choice school as se t out in the second chapter. From th is , we can begin the task o f id e n tify in g s u ita b le conditions fo r successful co n tra ctin g out. I w i l l conclude w ith some unresolved issues th a t bear fu rth e r con­ s id e ra tio n and study. 185 186 I. Comparison o f DSS and POL C o n tra c tin g An obvious s ta rtin g p o in t fo r reviewing human service contracting 1s to compare the goals o f the co n tra ctin g advocates w ith those o f the federal le g is la tio n a ffe c tin g social services and CETA programs. The social services grants were designed to increase the number o f c lie n ts and the kinds o f social services a va ila b le to the needy. In BET, the CETA t i t l e s were aimed at coordinating CETA services and promoting model employment and tra in in g programs. In both cases, c u ttin g costs or improving e ffic ie n c y were not major aims. Thus, the co n tra ctin g systems and decisions were not made to maximize the o b je ctives o f most co n tra c t­ ing supporters by com petitive means. Is i t u n fa ir then to measure the procedures and outcomes according to the y a rd s tic k o f com petition and reduced cost? Not at a l l , since some would believe th a t s ig n ific a n t savings would re s u lt simply from using outside s u p p lie rs , fo r whatever reasons. And the CETA t i t l e s at le a s t were orien te d toward funding b e tte r, more e ffe c tiv e services which might be determined best through com petitive means. Even in DSS, the concern fo r cost has become a fa c to r in recent years w ith budget c o n stra in ts. A. Competition In th is study the lack o f meaningful com petition in the services "market" was found to be a c r it ic a l fa c to r which led to problems in meeting some o f the other con dition s. Because o f the small pool o f w illin g , responsible, and responsive agencies, too o fte n o f f ic ia ls were "forced" to give contracts to the only a va ila b le providers—even though they did not always f i t in w ith the departments' p r io r it ie s o r, as under T it le IV, they were expected to encounter a d m in istra tive and service 187 d i f f ic u lt ie s . Lack o f com petition in the environment tra n sla te d in to lack o f choice fo r DSS and DOL. Several a d d itio n a l fa cto rs a ris in g out o f government p o lic ie s and procedures have fu rth e r lim ite d com petition and choice. F ir s t , the necessity o f using outside agencies fo r service d e liv e ry can reduce the range o f p o te n tia l a lte rn a tiv e s . Because o f it s s tru c tu re , BET has had no choice but to u t iliz e co n tra cto rs, despite the u n sa tisfa cto ry plans and subsequent service performance by some. I t cannot design and imple­ ment it s own programs, but must a ct in a more passive ro le , depending on oth er agencies fo r proposals and program implementation. T h e o re tic a lly at le a s t (and in fa c t, in some co u n tie s), DSS has the p o s s ib ility o f u t i ­ liz in g the county agency when there are no acceptable a lte rn a tiv e s . This option may also enhance the "voice" mechanism, since the p o te n tia l com petition from in-house supply should compel contractors to meet the needs and performance standards o f the government. Second, DSS' donation requirement and BET's increasing match fo r T it le IV has obviously reduced the f ie ld o f competitors and gives cer­ ta in contractors d is tin c t advantages over others. For T it le I I , the proportion o f proposals to awards has usu ally been about two to one--the same as fo r the T it le IV contracts fo r the f i r s t f u l l year—but the T it le I I contracts have seldom been advertised. are common. U n so licite d proposals Apparently prospective contractors are not deterred from these T it le I I contracts since a match 1s not required at any time. A t h ir d fa c to r involved in r e s tr ic tin g com petition is the loca­ tio n a l p ro b le m --1 .e ., when co n tra ctin g is decentralized under conditions o f already lim ite d com petition in the environment, the government u n it usually has even fewer sup plie rs a va ila b le . In DSS, th is fa c t made 188 com petition impossible in medium- and sm aller-sized counties fo r ser­ vices in which the agencies were not m obile. In c o n tra s t, DOL hashad some more choice o f agencies from throughout the s ta te , even though it s e ffo r ts were o fte n targeted a t the major central groups concentrated c itie s and c lie n t in c e rta in areas. Fourth, the s o lic it a tio n procedures used by DSS and BET fo r T it le I I have not allowed f o r the widest exposure o f the departments' con­ tr a c ts . Certain o th e r, s h o rt-c u t methods have been easier and less c o s tly fo r government o f f ic ia ls than the major RFP s o lic it a tio n fo r T it le IV and the scattered cases o f RFPs in so cia l services. But since fewer agencies are lik e ly to compete fo r contracts under these circum­ stances, the government has fewer p ro je c ts , services, and suppliers to consider. This fa c t alone may also encourage providers th a t are n o ti­ fie d to be less concerned about t h e ir proposals, methods o f service d e liv e ry , service q u a lity , and program costs. In many ways, however, th is narrow search and lack o f com petition is m utually b e n e fic ia l f o r most o f the key c o n tra ctin g a cto rs. One o f the primary concerns o f almost a ll o f f ic ia ls interviewed was to deter­ mine awards and process contracts in a tim ely manner w ith a minimum o f confusion and controversy. The co n tra ctin g process can proceed q u ic k ly and smoothly under the fo llo w in g co n d itio n s: when the co n tra ctin g u n it does not have to reach an agreement on service p r io r it ie s and proposal c r it e r ia ; when an RFP and complete m ailin g l i s t o f suppliers is deemed unnecessary; when u n s o lic ite d proposals are already on f i l e ; when mainly renewals are considered and given c o n tra cts; and when a thorough consi­ deration o f a lte rn a tiv e proposals and agencies is not needed. Usually there e x is t more d isin ce n tive s than incentives to promote com petitive 189 procedures. When the fa c t o f d e clin in g resources o f personnel, time, and money is added to these d is in c e n tiv e s , is 1t any su rp rise th a t com­ p e titio n among responsible and responsive providers is the exception, ra th e r than the rule? For th e ir p a rt, re g u la r contractors do not welcome com petition e ith e r, since they seek a s ta b le , p re d icta b le source o f funds. W riting good, com petitive proposals is c o s tly fo r agencies, p a r tic u la r ly when a con tract is not awarded fo r the e f f o r t . I t is q u ite possible th a t some providers would not wish to submit proposals fo r programs when the s o li­ c ita tio n was thorough and the com petition would lik e ly be s t i f f . The only actors who might personally b e n e fit from com petition are the agen­ cies th a t otherwise would not have an oppo rtunity to compete, and the c lie n ts who might receive b e tte r q u a lity services as a re s u lt. Usually, however, these two groups have not been at a ll a ctive and organized p a rtic ip a n ts in co n tra ct decisionmaking. On occasion, boards o r supervisors more removed from the day-today operations have encouraged wider s o lic ita tio n s to expand th e ir choices. For the T it le IV contracts th is was viewed as necessary because o f h ig h e r-le ve l p o lic y d e cisio n s--th e increasing match requirement, the l i m it on the amounts o f the co n tra cts, and the s p e c ific a tio n o f the method o f service d e liv e ry and ta rg e t groups. For these reasons and because a large number o f youth contracts were to be awarded a t one time ( o r ig in a lly 16), o f f ic ia ls believed i t would be easier and more productive to use the com petitive RFP process. I t 1s s ig n ific a n t that the com petitive procedures did not guarantee th a t BET obtained the pro­ posals and performance th a t was desired, due to the lim ite d number o f 190 p o te n tia l providers and the BET p o lic ie s th a t in e ffe c t discouraged some from competing. B. Decision Making in Contracting Out One o f the in trig u in g questions in th is type o f research is : Why have o f f ic ia ls chosen to use co n tra ctin g out instead o f tra d itio n a l bureaucratic methods o f supply? has two major components: concerns. For the DSS and BET cases, the answer 1) pragmatic considerations and 2) p o lic y I t was c le a r from the interview s th a t decisionmakers did not consult c o s t-b e n e fit studies o r p u b lic choice handbooks to determine the advantages o f using outside agencies. Rather, federal p o lic ie s encour­ aged i t and s ta te s itu a tio n s often have made co n tra ctin g necessary. In DSS, in the la te S ix tie s and e a rly Seventies, various p o litic a l pressures were exerted to use outside suppliers to capture the large sums o f a v a ila b le federal matching funds in order to provide more ser­ vices to the needy. Not only had HEW approved the use o f p riv a te p ro v i­ ders, but i t had also allowed lo cal donors (u s u a lly the contractors themselves) to c o n trib u te the re q u is ite sta te match. As a re s u lt o f th is and th e ir experience in a wide v a rie ty o f spe cia lize d services, outside suppliers became very a ttr a c tiv e as service d e liv e re rs . To some exte nt o f f ic ia ls apparently also saw the funds as an o p po rtunity to encourage e x is tin g community agencies to focus on the needs o f the poor. In DOL, co n tra ctin g out was u tiliz e d in p a rt because the s ta te level department did not have the necessary e xp ertise o r agencies fo r the required and optional programs under the two t i t l e s . C le a rly, con­ tra c tin g w ith established agencies gave BET greater f l e x i b i l i t y than organizing a new agency o r expanding MESC would have. Probably ju s t as 191 im p o rta n tly , purchasing services meshed w ith BET's d e c e n tra liz a tio n p o lic y — i . e . , th a t community agencies should be given contracts th a t in time could be funded through local support. In CETA, states were encour­ aged to use p u b lic and p riv a te agencies to promote greater coordina tion , in no vatio n, and experim entation. In the la s t few years, as sta te resources have become in cre a sin g ly lim ite d and social needs have grown, co n tra ctin g out has proved to be an even more desirable a lte rn a tiv e . The federal funds have been a va ila b le fo r services, but the sta te has imposed p e rio d ic h irin g freezes, cutbacks fo r sta te tra v e l, and, most re c e n tly , personnel cuts which a ffe c t only 1n-house service supply. For the most p a rt then, the e a rly and more recent advantages o f using outside providers have arisen from the accom­ panying p o lic ie s and pressures encouraging con tractin g out—and not from the Inherent cost and service q u a lity advantages o f outside supply. The award processes o f the two departments stand in cle a r contrast to one another, in p a rt because o f d iffe re n t h is to ric a l and programmatic commitments. in fre q u e n t. In DSS, thorough and o b je ctive needs assessments have been Most attempts a t assessing curre nt needs have been perfunc­ to ry and he avily dependent upon provider inputs. The in te re s ts and needs o f the in a r tic u la te , unorganized consumers and taxpayers have s e l­ dom been represented. Even when a v a ila b le , needs inform ation only In fre q u e n tly has served as the major determinant in s e ttin g social ser­ vice p r io r it ie s and awarding contracts a t s ta te and county le v e ls . Pre­ vious coimrftments to services and providers have o fte n not allowed o f f ic ia ls the f l e x i b i l i t y to change t h e ir p r io r it ie s , services, and contractors w ith o u t p o lit ic a l repercussions. DSS' e a rly p o lic y o f granting contracts to almost any a va ila b le co n tra cto r w illin g to make 192 the donation set a pattern th a t has been d i f f i c u l t to break, even when cutbacks and changes have been necessary. Consequently, renewing con­ tra c ts repeatedly has been the standard p ra c tic e a t the sta te le vel and in most counties. When making new co n tra cts, decision makers have usu­ a lly pre ferred the experienced, reputable agencies th a t o ffe r necessary services fo r DSS c lie n ts . On the other hand, BET's awards have usually been based on a com­ b in a tio n o f the needs assessments and the submitted proposals. The assessment system appeared to be very thorough and so p h istica te d , and aimed at in clu d in g both the r e la tiv e needs o f various ta rg e t populations and the e x is tin g service supply through CETA programs. {Of course, assessing employment needs is a more manageable task than assessing the wide range o f social needs th a t OSS tr ie s to meet.) These analyses, drawn from a v a rie ty o f sources, have been re g u la rly u t iliz e d in BET planning. For both t i t l e s , the agencies' proposals fo r meeting the recognized needs o f c e rta in ta rg e t groups have usually been the basis fo r the bureaucrats' recommendations fo r awards. are ge ne rally made up to the three-year li m it . I f requested, renewals With only a few excep­ tio n s , BET has been able to avoid being lo cke d -in to ce rta in co n tra cts, se rvice s, and providers because o f t h e ir stated three-year lim ita tio n on funding. Common to programs in both departments, however, is the presence o f p o lit ic a l pressures which have sometimes determined the awards and robbed the system o f o b je c tiv ity and fa irn e ss. In DSS, p o litic ia n s , department heads, and the boards o f social services have usually acted to prevent DSS o f f ic ia ls from reducing o r ending a p a rtic u la r c o n tra ct; w h ile in BET, le g is la to rs and appointed o f f ic ia ls have promoted c e rta in 193 p u b lic o r p riv a te agencies fo r new awards. E ith e r way, these p o litic a l influences fru s tra te bureaucrats and act as a p o te n tia l th re a t to th e ir recommendations. The presence o f p o lit ic a l pressures, the lack o f adequate needs assessments in OSS, and the tendency to continue contracts th a t should be reduced or elim inated a ll are ways in which DSS and BET co n tra ctin g does not measure up to the id e a l, ra tio n a l decision-making process th a t seems to be required by the p u b lic choice p re s c rip tio n o f co n tra ctin g out. In a d d itio n , the re la tiv e costs o f competing proposals ( i f there are any in d ir e c t com petition) are seldom considered in granting awards. Service q u a lity and expected effectiveness can be im portant, but only i f there are s im ila r agencies in d ire c t com petition—an in fre q u e n t occur­ rence 1n most DSS counties and under CETA's T it le I I . What usually is considered is whether the agency can meet c e rta in c lie n ts ' needs in an adequate manner. This is in d ic a tiv e o f s a tis fic in g behavior, not maxi­ mizing fo r the best q u a lity , most e ffe c tiv e services a t the le a s t cost le v e l. In th is respect as w e ll, DSS and BET co n tra ctin g behavior does not meet the co n d itio n a l requirements o f co n tra ctin g proponents. C. The Watchdog Role One o f the weakest parts o f the co n tra ctin g process appears to be the reviews o f expenditures, performance, and effectiveness fo r both DSS and BET programs. For the most p a rt, the departments have not had ade­ quate resources to m onitor con tractors and conduct p e rio d ic evaluations o f t h e ir programs. Because o f federal requirements, o f f ic ia ls have independently monitored e l i g i b i l i t y , but have depended upon contractors themselves to supply inform ation on oth e r m atters. Consumers o f the 194 services have had in fre q u e n t o p p o rtu n itie s to express th e ir needs, suggestions, and complaints. Moreover, DSS' and BET's watchdog roles have been rendered almost in e ffe c tiv e by oth er fa c to rs : 1) the Attorney General has ruled th a t contractors cannot be held responsible fo r fa ilu r e to meet performance g o a ls ; 2 ) inform ation th a t the departments have obtained about compliance and performance does not always determine whether or not a renewal w ill be made, in view o f p o lit ic a l and service considerations; and 3) fr e ­ quently there are no other sources o f supply th a t could meet the depart­ ments' and/or c lie n ts ' needs. Consequently, few mechanisms operate to ensure th a t contractors are producing the kinds o f services and re s u lts th a t are desired by o f f ic ia ls and needed by c lie n ts . II. Evaluation o f the Three Perspectives Beyond these immediate substantive conclusions, th is study has broader th e o re tic a l im p lica tio n s because o f what i t suggests about con­ tra c tin g in general. The strength o f the th e o re tic a l, comparative case study approach is th a t i t illu m in a te s not only the p a rtic u la r patterns o f c o n tra c tin g in DSS and BET, but i t also sheds lig h t on the a p p lic a b i­ l i t y o f the p u b lic choice perspective, the common features and problems o f human service c o n tra c tin g , and some o f the conditions under which co n tra ctin g may not meet c e rta in e ffic ie n c y goals. Throughout th is d is ­ s e rta tio n , I have tr ie d to stress th a t some undesirable behaviors and outcomes are lik e ly to m a te ria liz e when c e rta in conditions e x is t— whether in Michigan, human se rvice s, o r co n tra ctin g ge ne rally. The major d i f f ic u lt y w ith the co n tra ctin g p re s c rip tio n is th a t too o fte n i t is given as a panacea fo r the cu rre n t i l l s o f government w ith little e x p lic it reco gn itio n o f the re q u is ite conditions and the 195 r e a litie s o f implementation. At le a s t three general d e fic ie n c ie s have been evident in the p u b lic choice perspective o f co n tra c tin g . F ir s t, despite I t s major c o n trib u tio n s to our understanding o f p u b lic bureaucracy, the p u b lic choice school in it s advocacy o f co n tra ct­ ing has overlooked the m otiva tion al and org an iza tion al contexts o f the con tractin g p a rtic ip a n ts . Certain p u b lic choice scholars have shown th a t bureaucrats are motivated by s e lf- in te r e s t which re s u lts in empireb u ild in g , budget maxim ization, and in e ffic ie n c y . U n fo rtun ately, they have not applied th is understanding to the bureaucratic and p o litic a l behaviors th a t determine the design, decisions, and, e ve n tu a lly, the outcomes o f co n tra ctin g systems. The obvious questions are: bureaucratic behaviors change w ith contracting? Why should What incentives are there to achieve e ffic ie n c y goals? Second, up u n til now the importance o f the co n tra ctin g organiza­ tio n a l s tru c tu re , process, and procedures has been ignored in public a d m in is tra tio n . Too re a d ily have some co n tra ctin g advocates assumed th a t quasi-market mechanisms w i ll almost a u to m a tica lly work wonders in providing services, w ith ou t e xp lo ring how and why co n tra ctin g is actu­ a lly u t iliz e d , what procedures are c r it ic a l in producing the expected b e n e fits , and under which co n stra in ts and inducements the various actors operate. By in te rvie w in g some s ix ty p a rtic ip a n ts and observers o f BET and DSScontractlng, I have been able not only to ob tain t h e ir opinions, but also to gain in s ig h ts in to the common patterns o f con tractin g pro­ cesses. T h ird , co n tra ctin g proponents have fa ile d to recognize the c r i t i ­ cal ro le th a t the service environment can play in c o n tra c tin g , both in terms o f the pool o f p o te n tia l providers and the inputs and feedback o f 196 service consumers. Not enough a tte n tio n has been paid to the e ffe c t th a t government programs, re g u la tio n s , and funds have had on crea ting co n tra c to rs, encouraging government dependency, and g iv in g c r it ic a l advantages to c e rta in pro vid ers. In oth er words, those who prescribe co n tra ctin g out have examined the subject in a fa r too narrow and sim­ p l i s t i c way. Too q u ic k ly they have adapted inappropriate economic models fo r suggested use in complex and varying circumstances. The r e a litie s o f government mean th a t th is a lte rn a tiv e to tra d itio n a l methods o f supply is not an easy, c le a r-c u t s o lu tio n to governments' knotty problems. These c ritic is m s o f the p u b lic choice perspective on co n tra ctin g are not meant to attack or re fu te p u b lic choice theory i t s e l f , however. I have not contradicted those who claim th a t government is too big and th a t bureaucracy is too often a clumsy vehicle fo r d e liv e rin g services. Rather, the universal a p p lic a tio n o f the co n tra ctin g p re s c rip tio n is being challenged. I have not questioned some o f the fundamental causal real tionships th a t have been asserted by th is perspective—fo r example, th a t com petition is the most e ffe c tiv e way o f c u ttin g costs and improv­ ing services. Nor have I raised e ith e r the le g itim a te question concern­ ing whether government should tr y to maximize e ffic ie n c y in human s e rvice s, o r the re la te d issue o f whether slowing government growth through p r iv it iz a t io n is a desirable end in i t s e l f . These m atters, however im portant, are beyond the scope o f th is work, but may prove to be f r u i t f u l areas o f in q u iry fo r others to address. Now th a t the p u b lic choice perspective has been shown to be severely d e fic ie n t in d e scrib in g , exp la in ing and p re d ic tin g con tractin g behavior, what o f the two a lte rn a tiv e perspectives o f market imperfec­ tio n s and cooptation? Which o f these two models is correct? In Chapters 197 4 and 5, i t has been shown th a t both perspectives have something to con­ tr ib u te to our understanding o f c o n tra c tin g out. perspective is completely accurate. By themselves, n e ith e r Together, they suggest how economic and p o lit ic a l fa c to rs can reduce co m p e titio n , se t aside the ra tio n a l decision-making process, and prevent an e ffe c tiv e watchdog ro le fo r government. The perspective o f market im perfections is p a r tic u la r ly re le va n t and a p p lic a b le to these cases o f human service c o n tra c tin g . I t r ig h t ly emphasizes the problems and causes o f inadequate com petition in the environment and in procedures, as w ell as the s ig n ific a n c e o f inadequate in fo rm a tio n in making awards and conducting reviews. Basic economic forces did shape many o f the decisions and behaviors o f c o n tra ctin g par­ tic ip a n ts in both DSS and DOL. C ontracting out in these human services has been marked by few com petitors, in s u f f ic ie n t resources f o r government o f f ic ia ls and c o n tra c to rs , a lack o f com petitive procedures in most cases, and dependence upon s e lle r s ' in fo rm a tio n and preferences. The research did n o t, however, discover signs o f attempts a t c o llu s io n , p ric e s e ttin g , o r market c o n tro l, even though the human services system discourages d ir e c t com petition. In the face o f these c o n d itio n s , o f f ic ia ls used sho rtcuts and s a tis fic in g s tra te g ie s to make c o n tra c tin g p o lic y , procedures, and award decisions. A key fa c to r in decision making was a preference f o r pro fes­ sio n a lis m , as evidenced in choosing con tractors because o f t h e ir profes­ sional re p u ta tio n s and f o r t h e ir a b i l i t y to compile professional proposals th a t met the needs o f the department. In tu rn , professional behavior by con tractors u su a lly meant th a t the q u a lity o f t h e ir work and services was judged to be good, despite the v ir t u a l absence o f 198 government review and oth er mechanisms to constrain th e ir behavior. (Of course, i t is somewhat questionable as to how Independently o f f i ­ c ia ls a rriv e d at these judgments. The fa c t th a t these reputable agencies are run by competent professionals w ith the c o rre c t education and a f f i l i ­ ations could mean th a t o f f ic ia ls concluded th a t the refore they must be providing good q u a lity s e rv ic e s .) Sometimes, however, i t can be sup­ posed th a t the common professional goals, methods, and biases served as a s u b s titu te fo r assessing the actual needs o f c lie n ts and the actual outcomes o f outside s u p p lie rs ' services. The cooptation perspective has predicted some o f the p o lit ic a l influences th a t also a ffe c t co n tra ctin g decisionmaking. Since they have intense m aterial in te re s ts a t stake, providers have become more involved than c lie n ts and taxpayers in the planning and co n tra ctin g process. Not only have th e ir views shaped decisions about service needs, but they also have been successful in g e ttin g p o litic ia n s and appointed o f f ic ia ls to operate on t h e ir behalf when a co n tra ct is a v a ila b le or a renewal is threatened. Therefore, not a ll contractors are treated a lik e . Some, such as the p u b lic agencies in BET, are given special advantages over others, whether through th e ir p o lit ic a l tie s , federal re g u la tio n s , or burea ucra tic-pro fe ssion al re la tio n s h ip s . Although the ro le o f providers has not taken the extreme and h ig h ly organized forms suggested by coopta t lo n is t s , y e t th is perspective heightens our awareness o f the possible problems th a t can a ris e out o f co n tra ctin g out. Where and when should co n tra ctin g be considered a via b le a lte rn a ­ tiv e to in-house supply? I t appears th a t a v a rie ty o f s itu a tio n s o ffe r some p o te n tia l fo r implementing con tractin g out: where demonstration, experimental programs, se rvice s, o r methods can be tr ie d w ith no 199 long-term conmitment to continuing the programs; when there is a genu­ in e , common need and desire to cut costs and s t i l l m aintain good q u a lity services; where government does not have the re q u is ite experience, equipment, o r e xp ertise to provide the se rvice s; when government needs c e rta in services occasionally o r seasonally; where economies o f scale can be re a liz e d ; where government o f f ic ia ls can set p r io r it ie s , service le v e ls * and outcome goals, w ith the op p o rtu n ity to reward and punish i f these are not met by co n tra cto rs; where there is adequate com petition in the environment to ensure government choice; where com petitive proce­ dures can be adopted and enforced; where p o litic a lly -m o tiv a te d awards can be minimized; where government agencies have the resources and desire to implement e ffe c tiv e review methods. Obviously, a ll these conditions are not required to be present a t the same time fo r c o n tra ctin g to meet the p u b lic choice goals o f c o n tra ctin g . In some cases seemingly necessary conditions o f co n tra ctin g can be absent i f oth e r conditions are used to compensate fo r the void. In s e ttin g up these s u ita b le conditions fo r c o n tra c tin g , I have assumed the goals o f the co n tra ctin g advocates--least cost f o r the best q u a lity services and a slowdown in government growth are the major aims o f these conditions. D iffe re n t observers o f co n tra ctin g may not agree th a t these goals should be o f primary importance throughout government services and programs. Yet oth e r goals th a t government may wish to maximize may also be met through c o n tra c tin g , perhaps w ith d iffe r e n t con dition s. This e f f o r t to id e n tify the necessary conditions f o r successful c o n tra ctin g has only begun w ith th is lim ite d and flawed study. Many other services, le v e ls , and org an iza tion al environments should be 200 examined to v e r ify these e a rly conclusions and add to th is attem pt a t studying the conditions o f c o n tra c tin g . In a d d itio n , th is study has not been able to examine adequately the various cost and se rvice outcomes o f c o n tra c tin g w ith in DSS and DOL programs. Measuring costs and b e n e fits o f any programs is always d i f f i c u l t , but in c o n tra c tin g , the task can be almost Impossible f o r c e rta in se rvice s. Just the same, such attempts could illu m in a te even more the re la tio n s h ip s between the con dition s and the outcomes, which have only been estim ated in th is work. For the most p a rt throughout th is study I have seen co n tra ctin g through the eyes o f the government and, in d ir e c t ly , the consum er/citizens government is supposed to represent. There is , however, a growing lite r a t u r e on the views o f the con tractors the m selve s--esp ecia lly the n o n -p ro fit so cia l agencies. This is an in te re s tin g and im portant area o f study, f o r i t can help to understand how government c o n tra c tin g impacts these agencies. In th is way, scholars could begin to evaluate the s ig n ific a n c e o f some o f the disadvantages th a t some have seen w ith c o n tra c tin g , as given in the f i r s t chapter. Honest and thorough attempts a t examining these d iff e r in g aspects o f c o n tra c tin g can go fa r to increase our knowledge o f human behavior, o rg a n iza tio n s, and the in te rfa c e between p u b lic and p riv a te secto rs. Adding to our present Im perfect in fo rm a tio n can on ly help scholars and p ra c titio n e rs to b e tte r understand the com plexities o f implementing government programs and management devices. Only by studying c o n tra c t­ ing can we le arn how to a lt e r con dition s to achieve it s p o s itiv e bene­ fits . APPENDICES APPENDIX A APPENDIX A SERVICE CONTRACT INTERVIEW SCHEDULE In th is in te rv ie w , I am in te reste d 1n le arn ing more about service con­ tra c tin g 1n the s ta te o f Michigan 1n general, and 1n your area o f con­ tr a c tin g , in p a rtic u la r. Not only do I want to know more fa ctu a l Inform ation about the process, but I would also lik e to hear your p o in t o f view and opinions about your work. Therefore, many questions w ill not have a s t r i c t l y r ig h t or wrong answer, since people see things d i f ­ fe re n tly . I assure you th a t the responses you give w i ll be kept c o n fi­ d e n tia l. Your answers to a ll questions w ill be used fo r s t a t is t ic a l purposes only and w i ll not be examined on an In d ivid u a l basis, w ith your name or p o s itio n id e n tifie d . In the in te re s t o f tim e, please try to keep your answers sh o rt and to the p o in t. A. Background Questions 1. To be completed by in te rv ie w e r: a. For bureaucrats—department o f employment: 1. Labor 2. Management and Budget 3. Social Services— state 4. Social Services—county 5. Transportation Contractual program a f f ili t a t e d w ith : 2. Job o f Respondent: 1. 2. 3. 4. 5. 6. 7. 8. co n tra ct s p e c ia lis t co n tra ct supervisor program s p e c ia lis t program supervisor section c h ie f program evaluator co n tra cto r other (s p e c ify ) a. What are the major tasks th a t you are responsible fo r in your p o s itio n , as i t re la te s to co n tra ctin g fo r services? 201 202 b. Who 1s your immediate supervisor? c. Number o f years in th is un it? Personal background in fo rm atio n: a. Age o f respondent 1. 2. 3. 4. 5. b. 21-30 31-40 41-50 51-60 61-70 Highest le ve l o f education completed: 1. 2. 3. 4. 5. 6. 7. high school some college 4-year college degree Master's degree some graduate school Ph.D. some other graduate degree (s p e c ify ) Major area o f study in college or graduate school: 1. 2. 3. 4. 5. 6. 7. p u b lic a d m in istra tio n social work law business social sciences humanities other (sp e cify) From which o f the fo llo w in g outside sources do you (o r your u n it) purchase services by c o n tra c t: (may check more than one) 1. p riv a te , n o n -p ro fit agencies 2. p riv a te , p ro p rie ta ry (p ro fit-m a k in g ) panies 3. p u b lic agencies agencies o r com­ What are the names o f some o f your la rg e s t c o n tra cto rs: 203 I f more than one type o f source is contracted w ith , are there (JTfferences among them, a t le a s t as you work w ith them in your jo b , because o f the type o f agency? 1. • • ' i 2. 3. 4. no diffe ren ces a t a ll very few diffe ren ces several d iffe re n ce s many diffe ren ces u I f some diffe ren ces e x is t, what are the major d iffe re n ce s you have found? B. D e scrip tive Process Questions 5. Which o f the fo llo w in g agencies or departments must approve a ll contracts from your un it? 1. 2. 3. 4. 5. 6. 7. Department o f Management and Budget Attorney General's O ffic e C1v1l Service Department C iv il Rights Department House and Senate Fiscal Agencies or A ppropriations Commlttees none o f the above some oth e r agency/department (s p e c ify ) Which o f the fo llo w in g agencies or departments must approve some o f the contracts from your un it? 1. 2. 3. 4. 5. 6. 7. 6. Department o f Management and Budget Attorney General's O ffic e C iv il Service Department C iv il Rights Department House and Senate Fiscal Agencies or A ppropriations Commlttees none o f the above some other agency/department (s p e c ify ) In your area, where do the guidelines and reg ulatio ns concerning various parts o f the c o n tra ctin g process come from? Use the fo llo w in g 11st where appropriate. (You may need to s e le c t more than one source fo r some answers.) 1-State s ta tu te 2-State C o n s titu tio n 3-Federal laws or regulations 4-Department p o lic y 5-Program heads 6-C ontract or program s p e c ia lis ts 7-Some oth er source (s p e c ify ) 204 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. whether a service w i ll be purchased by co n tra ct o r pro­ vided by department employees co n tra ct a u th o rity s o lic it a tio n procedures bidding or n e g o tia tio n procedures c r it e r ia fo r awarding contracts se le ctio n o f 1nd1v1dual(s) who choose contractors co n tra ct form co n tra ct content sub-contracting procedures reasons fo r c o n tra ct term ination or revocation types and nature o f review methods to be used during co n tra ct l i f e procedures fo r hearing protests and complaints from contractors and would-be contractors Which o f these twelve areas o f guidelines and regulations can be most Influenced by you? ( e .g ., to change them) 7. Approximately how many contracts have you personally worked on 1n the la s t calendar year (1979)? 8. Approximately how many contracts were drawn up or processed in the la s t calendar year in the program area o f _______________ ? 9. How are p o te n tia l con tractors informed o f a p a rtic u la r p ro je c t o r program th a t your department w ill purchase from a p riv a te source? (may check more than one) 1. 2. 3. i------- r4. r 15. newspapers trade o f professional new sletter o r magazines posted notices in s ta te o ffic e s le t t e r other means (s p e c ify ) _10. I f only some contractors are n o tifie d : a. How is i t decided which contractors w i ll be n o tifie d ? b. How many contractors are usually n o tifie d in your area? 11. Are s p e c ific s o lic it a tio n instruments required to purchase con­ tracted services in your area o f work? ll. 2. 3. a. yes no sometimes I f yes, which o f the fo llo w in g is (are) necessary? check more than one) (may 205 1. 2. 3. 4. b. ^ I f sometimes, under what circumstances are they required? I f a s o lic it a t io n instrum ent is sometimes necessary, which o f the fo llo w in g 1s used? 1. 2. 3. 4. — k:. Request fo r Proposal (RFP) Request fo r Quote (RFQ) L e tte r o f in te n t oth er s o lic it a t io n instrum ent (s p e c ify ) Request fo r Proposal (RFP) Request f o r Quote (RFQ) L e tte r o f in te n t oth e r s o lic it a t io n instrum ent (s p e c ify ) I f a s o lic it a t io n instrum ent is used, who w rite s i t up? Tplease name, where possible) 1. 2. 3. 4. 5. co n tra c t s p e c ia lis t(s ) c o n tra c t supervisor program s p e c ia lis t( s ) program supervisor some oth e r person(s) (s p e c ify ) 12. When s o lic it in g bids o r programs from outside sources, does your o f f ic e e x p lic it ly s ta te th a t c e rta in requirements must be met by the con tractor? 1. 2. 3. yes no sometimes I f yes, what kinds o f requirements are e x p lic it ly stated? 1. 2. 3. 4. 5. 6. 7. 8. — ►b. cost equal o p p o rtu n ity employment a ffirm a tiv e a ctio n program length o f the c o n tra c t (tim e period) s p e c ific a tio n s about q u a lity o r se rvice provided s p e c ific a tio n s about number o f c l le n ts /re c ip ie n ts to be served o th e r performance s p e c ific a tio n s oth er kinds o f requirements (s p e c ify ) I f sometimes, under what circumstances are requirements stated? * I f requirements are sometimes s ta te d , what kinds are they? (see l i s t above in 12.a. #1-8) 206 13. When bids or proposals are in v ite d , are the c r it e r ia by which proposals w ill be evaluated included in the package or notice? C 1. 2. 3. yes no sometimes I f sometimes, under what circumstances are they included? 14. When a bid or proposal fo r a program 1s s o lld a te d , as contrac­ to r review methods and c r it e r ia included in the notice? 1. 2. d yes no sometimes I f sometimes, under what circumstances are they included? 15. Is a budget included w ith the c o n tra c to r's proposal? 1. 2. 3. 4. always usually sometimes never I f u su a lly or sometimes, under what circumstances would a budget be submitted: 16. Must the c o n tra c to r's proposal, in clu d in g work plan and bid prices o r proposal amounts, meet a ll requirements contained in the o rig in a l s o lic it a tio n notice in V rd e r to be considered fo r a contract? 1. 2. 3. yes no sometimes I f no o r sometimes, which requirements are u su a lly more f l e x i ­ b le , and why? 17. Who evaluates co n tra cto r proposals 1n your program are? check more than one) 1. 2. 3. 4. (may department c o n tra c t a d m in istra to r (ce n tra l o ffic e ) co n tra ct o f f ic e r in program d iv is io n , se c tio n , or u n it ( c ir c le one) a panel o f evaluators 1n program d iv is io n , se ctio n , or u n it some other group o r in d iv id u a l (sp e c ify ) 207 I I f a panel is used, what are t h e ir usual p o s itio n s in the department? 18. Do these In d iv id u a ls know which co n tra cto rs have subm itted which proposals? 1. always 2. sometimes 3. never 19. In your area o f service c o n tra c tin g , how fre q u e n tly does your u n it receive u n s o lic ite d proposals fo r programs o r pro je cts? 1. 2. 3. 4. o fte n sometimes never d o n 't know 20. As a re s u lt o f an u n s o lic ite d proposal, how fre q u e n tly does the proposing source receive a c o n tra c t fo r the se rvice they wish to perform? 1. 2. 3. 4. 5. always o fte n sometimes never d o n 't know 21. In your program area, how fre q u e n tly are con tracts negotiated between co n tra ctin g o f f ic ia ls and c o n tra c to rs , Instead o f through the com p etitive bidding process? 1. 2. 3. 4. always u su a lly sometimes never Why are they negotiated? negotiable? Which parts o f the c o n tra c t are most 22. What types o f con tracts are u su a lly awarded in your area, a t le a s t where cost is concerned: 1. 2. 3. 4. fix e d p rice c o n tra c t, 1n which some adjustment fo r Increased costs may be provided fo r fix e d -------------------------------p ric e c o n tra c t, where no adjustments are r n _ firm 3 cost reimbursement c o n tra c t. In which c o n tra c to r Is reimbursed f o r on ly approved costs cost reimbursement plus in c e n tiv e c o n tra c t, in which c o n tra c to r receives a bonus i f under ta rg e t cost 208 5. 6. cost plus a fix e d fee c o n tra c t, in which co n tra cto r receives T osts plus a predetermined, fix e d fee some oth e r kind o f co n tra ct (sp e c ify ) Does the co n tra cto r receive an advance fo r p a rt o f the con tract price? 11. _ 2. 3. b. yes no sometimes I f yes o r sometimes, what is the usual amount? 23. I f more than one type o f co n tra ct isused, what is the second most fre q u e n tly used type? (use l i s t above 1n 20. #1-6) 7. no other type o f co n tra ct is used 24. In the purchased services you work w ith , who draws up the con­ tra c t? 1. 2. 3. 4. 5. the Department o f Management and Budget the department's cen tral co n tra ct o ffic e the legal d iv is io n in th is department someone in the program area (name) some other o ffic e o r person (s p e c ify ) 25. Is com petitive bidding always, sometimes, o r never required in your program area? i | 1. 2. ' 3. ^ a. always sometimes never I f sometimes, when is com petitive bidding required? '—*■ b.I f com petitive bidding Is used, is there a sp e c ifie d p o lic y th a t requires award o f a co n tra ct to the lowest bidder, provided minimum s p e c ific a tio n s are met? 1. 2. 26. yes no In the contracted p ro je cts o r programs you are acquainted w ith in your d iv is io n , how many d iffe r e n t co n tra c to rs ' bids o r pro­ posals are usu ally considered before an award i t made? 209 27. In your program area, is a w ritte n proposal o r an o ra l presen­ ta tio n required before the decision is made on who w i l l receive a con tract? (may check more than one) 1. w ritte n proposal 2. ora l presentation 3. n e ith e r is re q u ire d , but one o f the two is sometimes done 4. n e ith e r is re q u ire d , so n e ith e r are done 28. On what basis is i t decided th a t a c e rta in firm o r agency w i ll receive a c o n tra c t 1n your program area? (choose 1st and 2nd reasons) 1. 2. 3. 4. 5. 6. 7. 29. lowest cost previous s a tis fa c to ry work in s ta te p ro je c ts or s e r­ vices adequate s t a f f and equipment to do the job previous experience 1n th is general type o f service plan to f u l f i l l a l l c r it e r i a provided in s o lic it a t io n package. well-reasoned arguments why program elements w i l l ac­ complish the desired g o als, as given 1n the proposal some oth e r reason (s p e c ify ) When considering various bids o r proposals fo r a c o n tra c t, how Im portant 1s i t th a t the c o n tra c to r be o f a ra c ia l m in o rity group? 1. 2. 3. 4. 5. very im portant somewhat im portant sometimes can be Im portant not very im portant not a t a ll im portant Does your u n it keep track o f how many m in o rity co n tra cto rs are awarded contracts? 1. 2. 30. yes no Are sole source con tra cts used in your program area? r - T Z Z I 1* yes 2. no J 13. sometimes * a* + b. I f yes, why is 1t used? use? Are there any r e s tr ic tio n s on Its I f sometimes, under what circumstances is i t used? 210 31. In the contracts you work w ith , which o f the fo llo w in g Items are always, sometimes, o r never Included 1n the contracts? 1. 2. 3. 4. 5. 32. lim ita tio n s on employee wage/salary increases lim ita tio n s on co n tra cto r a d m in istra tive costs minimum wages fo r employees lim ita tio n s on employees' overtime and compensatory time maximum wage/salary rates fo r major po sitio ns « C '— 1 1 1 1 0 4) 2 2 2 2 3 3 3 3 1 2 3 yes no sometimes I f there are, what are they? How are they determined? In your area, do the contracts usually sta te the payments to con tractors w i ll be in sp e cifie d lump-sum amounts, according to p e r-u n it ra te s, o r to reimburse approved costs? 1. 2. 3. 4. 5. 34. t. > In the cases o f f o r - p r o f it firm s , are there standard fee scales o r lim ita tio n s on p r o f it margins? 1. 2. 3. 33. >, £ S I lump-sum amounts p e r-u n it rates reimburse approved costs reimburse approved costs plus a s p e cifie d fee some other form (sp e cify) Do any o f the contractors awarded contracts in your area in turn sub-contract fo r some or a ll o f the services? rJ— I1yes 2. no + a. I f yes, what types o f agencies o r firm s sub-contract? choose more than one, but rank in terms o f frequency) 1. 2. 3. b. p riv a te , n o n -p ro fit agencies p riv a te , p ro p rie ta ry ( fo r - p r o f1 t) firm s pu blic agencies What types o f firm s receive sub-contracts? 1. 2. 3. p riv a te , n o n -p ro fit agencies p riv a te , p ro p rie ta ry firm s pu blic agencies (may 211 ^ c. What ro le does your u n it have in sub-contracting? check more than one) 1. 2. 3. 4. 5. 6. 7. 8. 35. 2. yes no a- I f yes, why were they revoked o r terminated? b. How many con tracts have been revoked or term inated w h ile you have worked here? c. Approximately what percentage o f the to ta l number o f con­ tra c ts awarded in th is area is tha t? Have any firm s o r agencies been suspended or debarred from fu rth e r c o n tra ctin g w ith the state/county? 1. 2. 39. orovldes gu id eline s fo r co n tra cto rs to fo llo w sets s t r i c t rules governing sub -con tra cting helps to s e le c t sub-contractors examines contracts reviews budgets fo r sub-contractors checks to ensure th a t sub-contractors are in compliance w ith EOE standards no ro le a t a ll some oth er ro le (s p e c ify ) During the time you have worked in th is u n it, have any con­ tra c ts been revoked o r term inated before the s p e c ifie d end o f the contract? H ~ ]l- 38. (may yes no a. I f yes, how n.?ny? b. I f yes, why? How fre q u e n tly are con tracts renewed from one year to the next? ( I f p o ssib le , give the percentage o f a ll c o n tra c ts .) 1. 2. 3. 4. 5. always u su a lly o fte n sometimes never Why would a c o n tra c t not be awarded to a previous co n tractor? 212 40. Is there a formal process fo r hearing co n tra cto r complaints in your co n tra ct area? rJ— yes no + a. I f yes, where can a co n tra cto r go i f he/she has a complaint about the ward o f a contract? > b. I f a co n tra cto r has a compliant aboutreg ulatio ns ments fo r services, to whom canhe/she go? + c. What a u th o rity does the o f f ic ia l have to changedecisions about co n tra cts, re g u la tio n s , or payments? d. 41. 11. 2. or pay­ Approximately how many complaints have been reg istere d concerning contracts in your area during the time you have worked here? What kinds o f review procedures are used in your program area fo r contracted services? (may check more than one) — r . '' 1. p re -a u d it 2. continuous m onitoring o f expenditures 3. progress reports on performance or work accomplished 4.o n -s ite f ie ld m onitoring o f programs or p ro je cts 5. in-depth evaluations 6. p o s t-a u d it o f expenditures 7. p o st-a u d it/re vie w o f performance 8. some oth er review procedure (s p e c ify ) a. Which o f these review methods are required o f a ll con­ tra cts? b. Are any o f them used fo r sub-contracted services? c. If an in-depth evaluation is done, who does it ? 1. 2. 3. 4. 5. 6. 7. 8. the county department's evaluation u n it the sta te department evaluation u n it another county agency o r department another s ta te agency o r department an Independent evaluator county evaluators in the u n it th a t grants contracts s ta te evaluators in the u n it th a t grants contracts some other source (s p e c ify ) d. Why would an in-depth evaluation be done? 213 e. I f a p o st-a u d it is done, who does it? 1. 2. 3. 4. 5. 6. -*■ f . g. 42. another s ta te agency o r department a sta te departmental u n it a county departmental u n it another county agency o r department an independent accounting firm some other a u d it source (sp e cify) Why would a p o s t-a u d it be done? What do you be lieve are the major problems in m onitoring and evaluating co n tra cto r performance? In your department, are there any advisory boards, commissions, o r councils th a t have a ro le in the contracted services you work w ith? r4 1. 2. ?. yes no What are th e ir names? + b. Who are on these bodies? > c. How are they appointed? + d. Why was th is advisory body formed? ^ e. What is th e ir ro le 43. in the contracted programs and projects? What are the major groups o r associations th a t are a c tiv e in your area o f contracting? (sp e cify w ith names) 44. a. Who do they represent? b. How many members is that? c. What is th e ir ro le in the co n tra ctin g process? Are there any c lie n t, re c ip ie n t, or consumer groups th a t con­ ta c t you or others in your section about contracted programs o r projects? r4 1. 2. + a. Please sp e cify w ith names o f organizations. b. ^ c. yes no Who do they represent? What is the size o f th e ir membership? 214 45. How are your contracts funded? 1. 2. 3. 4. 5. 6. (may check more than one) through federal grants through donated funds from p riv a te sources through donated funds from p u b lic sources through the general d iv is io n 's appropriation from the sta te le g is la tu re through a s p e c ific ap pro priatio n from the le g is la tu re fo r the contracted services alone some other source (sp e c ify ) a. I f through federal g ra n ts, sp e cify program and t i t l e . b. I f through p riv a te donated funds, spe cify the donors. c. I f through public donated funds, sp e cify the donors. d. Approximately how much money w i ll be SDent th is FY fo r contracted services in your section o f ________________ ? About what percent is th a t o f the s e c tio n 's e n tire budget fo r FY80? 46. Do you have the names o f organizations o r firm s th a t have tr ie s to receive contracts in your area but have been unsuc­ cessful? at u c at 3 01 V c 3 c 3 <4- § o at at +J ro u V ss f- T3 0) O > £ 2 2 2 2 2 2 2 2 2 2 -f— 3 3 3 3 3 3 3 3 3 3 ■a ■M ia at t04 >» at > 5 5 5 5 5 5 5 5 5 5 215 at at o o c 0) at 9 u c 01 3 4-> (9 «*C . ■ .--- o> u c 0) 3 0) 4-> M- C o 3E 11. 12. 13. 14. 15. 16. 48. > 1 2 1 2 1 2 1 2 1 2 1 2 o c 3 o e « OJ 3 0) o <*c c O “O p. <9 o> a> 4-> T3 IB sa> <9 at >* u U at TJ O X 3 3 3 3 3 3 «9 a> ■M f_ <3 0) > 4 4 4 4 4 4 5 5 5 5 5 5 In general, how much say or in fluence do youth in k the people or agencies lis te d below have over whoreceives a contract? 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 49. Contract s p e c ia lis ts (s ta te ) P rivate agencies State le g is la tu re County conmlssions County co n tra ct supervisor Y ourself >> 1- 0) <4C c C iv il Serv1ce--contracts d iv is io n The Attorney General's O ffic e The C iv il Rights Department Department o f Management and Budget Your department d ire c to r Department deputy d ire c to r(s ) Bureau c h ie f D ivisio n c h ie f Section c h ie f Program s p e c ia lis ts (s ta te ) Contract s p e c ia lis ts (s ta te ) P rivate organizations State le g is la to rs County commissioners County co n tra ct supervisor Yourself 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 In your area o f work, what have been the major problems w ith co n tra ctin g w ith outside agencies o r firm s fo r services? 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 216 50. In the contracts and services you work w ith , do you th in k con­ tra c tin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than, government d e liv e ry o f those services would? 1. 2. 3. less than government d e liv e ry about the same as government d e liv e ry more than government d e liv e ry Why do you say that? 51. For the con tracts and services you work w ith , do you th in k c o n tra c tin g w ith p riv a te agencies o r firm s re s u lts in poorer s e rv ic e , about the same q u a lity o f s e rv ic e , o r b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. 2. 3. poorer service about the same q u a lity b e tte r service Why do you say that? 52. In g e ne ral, fo r a wide v a rie ty o f s ta te s e rv ic e s , do you th in k c o n tra c tin g w ith p riv a te agencies o r firm s re s u lts in poorer s e rv ic e , about the same q u a lity o f s e rv ic e , o r b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. 2. 3. 4. 53. In ge ne ral, fo r a wide v a rie ty o f s ta te s e rv ic e , do you th in k c o n tra c tin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than government d e liv e ry o f those services? 1. 2. 3. 4. 54. poorer service about the same q u a lity o f service b e tte r service don’ t have any idea less than government d e liv e ry about the same as government d e liv e ry more than government d e liv e ry d o n 't have any idea Rank the fo llo w in g in order o f importance (from 1 to 7 w ith 1 being the most im portant) as to why o u tsid e agencies/firm s are used to supply p u b lic services in your program area instead o f s ta te (o r county) p u b lic employees. 217 1. 2. 3. 4. 5. 6. 7. 8. lower cost b e tte r services greater f l e x i b i l i t y in h irin g and f ir in g b e tte r oversight over cost and performance mandated by federal o r s ta te laws o r regulations a way o f strengthening p riv a te agencies o r firm s p o litic a l pork b a rre lin g some other reason(s) lA 55. Use the fo llo w in g terms to describe your own re la tio n s h ip s w ith contractors in your work: 1. 2. 3. 4. 5. 56. close and personal warm and fr ie n d ly s t r i c t l y businesslike cool and d is ta n t h o s tile and a n ta g o n istic Why? 57. In your area, do you believe th a t the m onitoring and evalua­ tio n o f contractors is : 1. 2. 3. 4. 5. 6. t. O >) 0) too s t r i c t , w ith too much unnecessary and burdensome paperwork involved not adequate to overseeexpenditures not adequate to evaluate performance not s t r i c t enough to oversee expenditures o r to evaluate performance adequately ju s t about r ig h t some other response? 218 58. In your experience in c o n tra c tin g , how do you evaluate the ro le o f most p o litic ia n s ( e .g ., s ta te le g is la to r s , county com­ m issioners, c it y councilmen) in the c o n tra c tin g process? 1. 2. 3. 4. 5. 6. 59. How fre q u e n tly do you see y o u rs e lf a ctin g as an advocate fo r se rvice providers in your work? ( e .g ., as w ith other s ta te o f f ic ia ls ) 1. 2. 3. 4. 60. g e n e ra lly q u ite h e lp fu l not involved enough in c o n tra c tin g too in te r fe r in g in decision making hardly involved in c o n tra c tin g a t a l l , but th a t's the way I p re fe r i t only involved in con tracts th a t t h e ir co n s titu e n ts want, but otherw ise ha rdly involved a t a ll some oth er response(s) always ofte n sometimes never In your area o f c o n tra c tin g , i f two u n its disagree over proce­ dures, awards, e t c . , how are these c o n flic ts resolved? In what matters are disagreements more lik e ly between u n its or between various in d iv id u a ls involved in co n tra ctin g ? 61. What are the major problems you see in the re la tio n s h ip between the s ta te department and the county? 62. What are the major problems or tensions in your own jo b , at le a s t as i t re la te s to c o n tra c tin g fo r services? APPENDIX B APPENDIX B SERVICE CONTRACT INTERVIEW SCHEDULE SHORT FORM In th is in te rv ie w , I am in te re ste d in learning more about service con­ tra c tin g in the s ta te o f Michigan in general, and in your area o f c o n tra c tin g , in p a rtic u la r. Not only do I want to know factua l in fo r ­ mation about the process, but I would most o f a ll lik e to hear your p o in t o f view and opinions about your work in co n tra c tin g . Therefore, many questions do not have a s t r i c t l y r ig h t o r wrong answer, since people see things d iffe r e n tly . I assure you th a t the responses you give w i ll be kept c o n fid e n tia l. Your answers to a ll questions w ill be used fo r s t a t is t ic a l purposes and w ill not be reported on an in d ivid u a l basis, w ith your name or p o s itio n id e n tifie d . In the in te re s t o f time, please tr y to keep your answers sho rt and to the p o in t. A. Background Questions 1. For p u b lic employees--department o f employment: 1. 2. 3. 4. 5. Labor Management and Budget Social Services—state Social Services—county Transportation Contractual program a f f ilia t e d w ith : 2. Job o f respondent: 1. 2. 3. 4. 5. 6. 7. 8. a. co n tra ct s p e c ia lis t con tract supervisor program s p e c ia lis t program supervisor county co n tra ct coordinator program evaluator con tractor other (sp e cify) What are the major tasks th a t you are responsible fo r in your p o s itio n , as i t relates to co n tra ctin g fo r services? 219 220 3. b. Who is your immediate supervisor? c. Number o f years in th is unit? Personal background inform ation: a. Age: 1. 2. 3. 4. 5. b. r r 21-30 31-40 41-50 51-60 61-70 Highest le ve l o f education completed: 1. 2. 3. 4. 5. 6. 7. high school some college 4-year college degree Master's degree some graduate school Ph.D. some other graduate degree (sp e cify) Major area o f study in college or graduate school: 1. 2. 3. 4. 5. 6. 7. 4. p u b lic a d m in istra tio n social work law business social sciences humanities other (s p e c ify ) From which o f the fo llo w in g outside sources do you (o r your u n it) purchase services by c o n tra ct: (may check more than one) 1. 2. 3. p riv a te , n o n -p ro fit agencies p riv a te , p ro p rie ta ry (p ro fit-m a k in g ) firm s p u b lic agencies a. What are the names o f some o f the la rg e s t contractors th a t you deal with? b. I f more than one type o f source Is contracted w ith , are there diffe ren ces among them, a t le a s t as you work w ith them in your jo b , because o f the type o f agency? 1. 2. 3. 4. no d iffe re n ce s a t a ll very few differences several differences many differences 221 I f some diffe ren ces e x is t, what are the major differences you have found? 7. 28. Approximately how many contracts have you personally worked on in the la s t calendar year? (o r any other recent one-year period) On what basis is 1 t usu ally decided th a t a c e rta in firm or agency w i ll receive a co n tra ct in your program area? (choose 1st, 2nd, and 3rd reasons) 1. lowest cost 2. previous s a tis fa c to ry work in sta te pro je cts o r services 3. adequate s t a f f and equipment to do the job 4. previous experience in th is general type o f service 5. plan to f u l f i l l a ll c r it e r ia provided in s o lic it a tio n package 6. well-reasoned arguments why program elements w i ll accomplish the desired goals, as given in the proposal 7. some other reason (sp e cify) 41. g. What do you believe are the major problems in m onitoring and evaluating co n tra cto r performance? 49. In your area o f work, what have been the major problems in co n tra ctin g w ith outside agencies o r firm s fo r services? 50. In the contracts and services you work w ith , do you th in k con­ tra c tin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r morethan, government d e liv e ry o f those services would? 1. 2. 3. less than government d e liv e ry about the same as government d e liv e ry more than government d e live ry Why do you say that? 51. For the contracts and services you work w ith , do you th in k co n tra ctin g w ith p riv a te agencies o r firm s re s u lts 1n poorer se rvice , about the same q u a lity o f service, or b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. 2. 3. poorer service about the same q u a lity b e tte r service Why do you say that? 222 52. In general, fo r a wide v a re ity o f s ta te se rvice s, do you th in k co n tra ctin g w ith p riv a te agencies o r firm s re s u lts in poorer se rv ic e , about the same q u a lity o f se rvice , or b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. 2. 3. 4. 53. In general, fo r a wide v a rie ty o f s ta te se rvice s, do you th in k co n tra ctin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than government d e liv e ry o f those services? 1. 2. 3. 4. 56. poorer service about the same q u a lity b e tte r service d o n 't have any idea less than about the same as more than d o n 't have any idea Do you believe th a t using p riv a te contractors to produce and d e liv e r p u b lic services is somehow more democratic o r less democratic than using public employees? 1. 2. 3. more democratic less democratic doesn't have anything to do w ith democratic ideals Why? 54. Rank the fo llo w in g in order o f importance (from 1 to 7, w ith 1 being the most Im portant) as to why outside agencies/firm s are used to supply p u b lic services in your program area instead o f sta te (o r county) public employees? 1. 2. 3. 4. 5. 6. 7. 8. lower cost b e tte r services greater f l e x i b i l i t y in h irin g and f ir in g b e tte r oversight over cost and performance mandated by federal or sta te laws o r regulations a way o f strengthening p riv a te agencies o r firm s p o lit ic a l pork b a rre lin g some other reason(s) 223 l/t 55. Use the fo llo w in g terms to describe your own re la tio n s h ip s w ith contractors in your work: 1. 2. 3. 4. 5. 57. 2. 3. 4. 5. 6. 5. 6. 3 3 3 3 3 4 4 4 4 4 too s t r i c t , w ith too much unnecessary and burdenson paperwood involved not adequate to oversee expenditures not adequate to evaluate performance not s t r i c t enough to oversee expenditures o r to evalu­ ate performance adequately ju s t about r ig h t some other response? generally q u ite h e lp fu l not involved enough in con tractin g too in te rfe rin g in decision making hardly involved 1n co n tra ctin g a t a l l , but th a t's the way I p re fe r i t only involved 1n contracts th a t th e ir con stitue nts want, but otherwise hardly involved at a ll some other response(s)? How fre q u e n tly do you see y o u rs e lf acting as an advocate fo r service providers in your work? ( e .g ., as w ith other sta te o f f ic ia ls ) 1. 2. 3. 4. 60. 2 2 2 2 2 L. 0) > 01 z In your experience in c o n tra c tin g , how do you evaluate the ro le o f most p o litic ia n s ( e .g ., sta te le g is la to rs , county commis­ sio n e rs, d t y councilmen) in the co n tra ctin g process? 1. 2. 3. 4. 59. 1 1 1 1 1 •r* c +-> •M H- o O co In your area, do you believe th a t the m onitoring and evaluation o f contractors is : 1. 58. close and personal warm and frie n d ly s t r i c t l y businesslike cool and d is ta n t h o s tile and an ta g o n istic Irt <0 * < always often sometimes never In your area o f c o n tra c tin g , i f two u n its disagree over proce­ dures, awards, e tc ., how are these c o n flic ts resolved? In what matters are disagreements more lik e ly between u n its , In d iv id u a ls , o r le vels ( e .g ., county vs. s ta te ) involved in contracting? 224 61. What are the major problems you see in the re la tio n s h ip between the s ta te department and the county? 62. What are the major problems o r tensions in your own jo b , a t le a s t as i t re la te s to c o n tra c tin g fo r services? APPENDIX C APPENDIX C SERVICE CONTRACT INTERVIEW SCHEDULE PROVIDER FORM In th is In te rv ie w , I am In te re ste d 1n le a rn in g more about service con­ tra c tin g 1n the s ta te o f Michigan in general, and in your area o f con­ tr a c tin g , 1n p a r tic u la r . Not only do I want to know fa c tu a l inform ation about the process, but I would most o f a l l lik e to hear your p o in t o f view and opinions about c o n tra c tin g . Therefore, many questions do not have a s t r i c t l y r ig h t o r wrong answer, since people see things d i f f e r ­ e n tly . I assure you th a t the responses you give w i ll be kept confiden­ t i a l . Your answers to a ll questions w i l l be used fo r s t a t is t ic a l purposes and w i l l not be reported on an in d iv id u a l b a sis, w ith your name or p o s itio n id e n tifie d . In the In te re s t o f tim e, please tr y to keep your answers s h o rt and to the p o in t. A. Background Questions 1. Department o f co n tra c t and recomnendatlon: 1. 2. 3. 4. 5. Labor Management and Budget Social Services— sta te Social S ervlces—county T ransportation Contractual program: 3. Personal background in fo rm a tio n : a. Age: 1. 2. 3. 4. 5. 21-30 31-40 41-50 51-60 61-70 225 226 b. Highest level o f education completed: 1. 2. 3. 4. 5. 6. 7. high school some college 4-year college degree Master's degree some graduate school Ph.D./D.P.A./M.D. some other graduate degree (s p e c ify ) Major area o f study in college o r graduate school: 1. p u b lic a d m in istra tio n 2. social work 3. law 4. business 5. social sciences 6. humanities 7. oth er (sp e c ify ) 4. 5. What are the major tasks th a t you are responsible f o r , as i t re la te s to service contracting? a. Number o f years in th is po sitio n? b. In th is agency/firm? c. Any previous p o sitio n s w ith pu blic agencies? d. When was th is agency/firm started? e. Is i t a f f ilia t e d w ith o r pa rt o f another organization? ( I f so, sp e cify) f. How many people are employed by your agency/firm? (sp e cify) From which o f the fo llo w in g does your agency have service con­ tra c ts a t the present time? 1. 2. 3. 4. 5. 6. c it y government county government ( i f more than one, s ta te to ta l number) s ta te government (sp e cify departments) p riv a te , n o n -p ro fit agencies p riv a te , pro fit-m a kin g firm s some other u n it a. What percentage o f your revenues come from contracts w ith c it y , county, o r sta te governments, approximately? b. How many contracts do you c u rre n tly have w ith sta te o r county governments in the area o f ___________________ 1 227 B. c. Have you had a d d itio n a l c o n tra c t(s ) w ith any o f the above u n its in the past, th a t has not been renewed fo r th is year? d. How many separate contracts have been made w ith the state and county governments in the la s t two years? D e scrip tive Process Questions 9. In the projects/program s fo r which your agency has attempted to receive a c o n tra c t, how did you f i r s t learn o f the p o ss ib i­ l i t y o f the department le tt in g a contract? 1. newspaper no tice 2. trade or professional new sletter o r magazine 3. posted n o tice 1n a sta te o ffic e 4. le t t e r 5. other contractors o r service providers 6. telephone c a ll o r conversation w ith a state/cou nty employee 7. other means (s p e c ify ) 12. When informed about the p a rtic u la rs o f a c o n tra c t, do you receive Inform ation th a t c e rta in requirements must be met by contractors? 1. yes 2. no 13. sometimes a J a. I f yes, o r sometimes, what kinds o f requirements are e x p lic it ly stated? 1. cost 2. equal oppo rtunity employment 3. a ffirm a tiv e action program 4. length o f the co n tra ct 5. s p e c ific a tio n s about the q u a lity o f service 6. s p e c ific a tio n s about the number o f c lie n ts served 7. other performance s p e c ific a tio n s 8. bookkeeping requirements 9. oth er requirements (sp e c ify ) 13. When bids or proposals are In v ite d , are the c r it e r ia by which proposals w i ll be evaluated Included 1n the package or notice? 1. yes 2. no 3. sometimes 228 14. When a b id o r proposal fo r a program is s o lic it e d , are con­ tra c to r review methods and c r it e r ia included in the notice? 1. yes 2. no 3. sometimes 15. Does your agency/firm in clude a budget w ith the proposal? p, 1. always j 2. u su a lly 3. sometimes 4. never + I f u s u a lly o r sometimes, under what circumstances would a budget not be submitted? 16. Who w rite s up the proposal (o r le t t e r o f in te n t) f o r your agency/firm? 17. Do you know who evaluates c o n tra c to r proposal (o r le tte r s o f in te n t) in your program area o f ? 1. 2. 3. 4. 5. 6. 18. department co n tra ct a d m in is tra to r (c e n tra l o ffic e ) c o n tra c tin g o f f i c i a l in program area a panel o f evaluators in the sta te /co u n ty o ffic e ( c ir c le one) county services o r con tracts co o rd in a to r some other group o r in d iv id u a l (s p e c ify ) don1t know Do these in d iv id u a ls know which co n tra cto rs have submitted which proposals? 1. 2. 3. 4. 19. always sometimes never don’ t know How fre q u e n tly has your agency/firm submitted u n s o lic ite d proposals (o r le tt e r s o f In te n t) fo r programs w ith the sta te o r county governments? 1 " | 1. 2. - J 3. o fte n sometimes never + How fre q u e n tly has your agency received a co n tra c t as a re s u lt? 1. 2. 3. 4. always o fte n sometimes never 229 26. In the contracted programs you are acquainted w ith , about how many d iffe r e n t contractors are usually considered before a co n tra ct is granted? 27. In your co n tra cts, is a w ritte n proposal o r an o ra l presenta­ tio n required before the decision is made on who w i l l be awarded a contract? 1. 2. 3. 4. 28. On what basis 1s 1t decided th a t a c e rta in agency or firm w i ll receive a co n tra ct in your program area (choose 1 st, 2nd, and 3rd reasons)? 1. 2. 3. 4. 5. 6. 7. 8. 9. 29. 30. w ritte n proposal oral presentation n e ith e r is required n e ith e r is required, but one o f the two 1s sometimes done lowest cost previous s a tis fa c to ry work in s ta te oro je cts or services adequate s t a f f and equipment to do the job previous experience 1n th is general type o f service plan to f u l f i l l a ll c r it e r ia in the s o lic ita tio n package well-reasoned arguments why program elements w ill accomplish goals an Innovative approach to dealing w ith the perceived problem p o litic a l influence some oth er reason (s p e c ify ) How often in the la s t two years has your agency submitted a proposal (o r le t t e r o f in te n t) fo r a program /project w ith the sta te o r county government? a. How many o f these were in the program area o f____________? b. Of these, how many o f the proposals did not lead to an award? c. Lf no co n tra ct was given, what do you believe were the reasons? d. I f a proposal is not accepted fo r a c o n tra c t, your agency/firm informed as to the reasons? are you or I f contracts are negotiated between your agency and the gov­ ernment u n it, which parts o f the co n tra ct are usually most f le x ib le or negotiable? 33. Oo the contracts usu ally sta te th a t payments w i ll be in : 1. 2. 3. 4. a. How fre q u e n tly does your agency receive an advance payment fo r p a rt o f the contract? 1. 2. 3. 4. 35. lump-sum amounts p e r-u n it rates to reimburse approved costs some other form (sp e c ify ) always often sometimes never Has your agency received s ta te (o r county) sub-contracts in recent years in the program area o f _____________________ ? 1. 2. yes no + Who was the o rig in a l co n tra ct from? + Who gave your agency/firm the sub-contract? 34. Do you sub-contract fo r some or a ll o f the services fo r which you receive contracts through the s ta te (o r county) govern­ ment? r4 1. 2. yes no > I f yes, who do your sub-contract with? + And fo r what services? * How do you choose your sub-contractors? 39. How freq ue ntly have your contracts been renewed from one year to the next? (given percentage o f a l l con tracts) 1. "|2. 3. - ___ 4. 5. always usually often sometimes never Why have any contracts not been renewed? 40. Is there a formal process fo r hearing co n tra cto r complaints? 231 41. a. I f you have a com plaint, who do you usually go to? b. What kinds o f complaints o r protests have you put in w r itin g over the past years? c. What action was taken as a re s u lt, i f any? What kinds o f review procedures are used in your program area fo r contracted services? 1. 2. 3. 4. 5. 6. 7. 8. 43. p re -a u d it continuous m onitoring o f expenditures progress reports on preformance o r work accomplished on-s1te f ie ld m onitoring o f programs or pro je cts in-depth evaluations p o st-a u d it o f expenditures p o st-a u d it/re vie w o f performance some other review procedure e. Has your program(s) ever been audited by the state? g. What do you believe are the major problems involved in the m onitoring and evaluation o f performance? What are the major groups o r associations th a t your agency/ firm is a member o f in your area o f work? c. What is th e ir ro le in the co n tra ctin g process, i f any? 44. Are there any c lie n t, re c ip ie n t, o r consumer groups th a t contact you about contracted programs/projects? ( i f so, sp e cify) 45. How are your contracts funded? 1. 2. 3. 4. 5. 6. 7. (may check more than one) through federal programs through federal grants through donated funds from p riv a te sources through donated funds from pu blic sources through an a p p ro p ria tio n from the sta te le g is la tu re through county d is c re tio n a ry funds some other source (sp e cify) I f a donation 1s required, who donates the amount fo r your service contract? I f your agency donates the amount required, how does i t raise the money? Has your agency ever fa ile d to get a co n tra ct because 1t could not get the required donation? 232 < U c « < 3 , ‘ai »- -oO zo >a> x; 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 »— -W « », a>1- a> o :> 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 4 5 In general, how much say or in flu e n ce do you th in k the people o r agencies lis te d below have over who receives a contract? 1. ■ 2. ' 3. ' 4. ' 5. ' 6. ‘ 7. ’ 8. ' 9. 10. 11. 12. 13. 14. 15. 16. C iv il S ervice—co n tra cts d iv is io n The A ttorney G eneral's O ffic e The C iv il Rights Department Department o f Management and Budget Your department d ire c to r Department deputy d lre c to r(s ) Bureau c h ie f D iv is io n c h ie f Section c h ie f Program s p e c ia lis ts (s ta te ) C ontract s p e c ia lis ts (s ta te ) P riva te organizations State le g is la to rs County commissioners County c o n tra c t supervisor Y o u rse lf 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 233 50. In the contracts and services you work w ith , do you th in k con­ tra c tin g w ith p riv a te agencies o r firm s costs less than, about the same as, or more than, government d e liv e ry o f those ser­ vices would? 1. less than government d e liv e ry 2. about the same as government d e liv e ry 3. more than government d e liv e ry Why do you say that? 51. For the contracts and services you work w ith , do you th in k con tractin g w ith p riv a te agencies o r firm s re s u lts in poorer se rvice , about the same q u a lity o f se rv ic e , o r b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. poorer service 2. about the same q u a lity 3. b e tte r service Why do you say that? 52. In general, fo r a wide v a rie ty o f sta te services, do you thin k c o n tra ctin g w ith p riv a te agencies o r firm s re s u lts in poorer se rvice , about the same q u a lity o f se rvice , or b e tte r service fo r re c ip ie n ts than government service d e liv e ry would? 1. 2. 3. 4. 53. In general, fo r a wide v a rie ty o f s ta te se rvice s, do you thin k co n tra ctin g w ith p riv a te agencies o r firm s costs less than, about the same as, o r more than government d e liv e ry o f those services? 1. 2. 3. 4. 49. poorer service about the same q u a lity o f service b e tte r service d o n 't have any idea less than government d e liv e ry about the same as government d e liv e ry more than government d e liv e ry don’ t have any Idea What have been the major problems w ith re ce ivin g contracts from the state/county? What have been the major advantages? What would you lik e to see done d iffe r e n tly (o r b e tte r)? 234 54. Please rank the fo llo w in g in order o f importance (from 1 to 7, w ith 1 being the most im portant) as to why you be lieve outside agencies/firm s are used to supply p u b lic services 1n your program area instead c f sta te (o r county) p u b lic employees. 1. 2. 3. 4. 5. 6. 7. 8. 55. Use the fo llo w in g terms to describe your own re la tio n s h ip s w ith p u b lic o f f ic ia ls in your area o f co n tra ctin g : ___ ___ ___ ___ 56. lower cost b e tte r services greater f l e x i b i l i t y in h irin g and f ir in g b e tte r oversight over cost and performance mandated by federal o r s ta te laws o r regulations a way o f strengthening p riv a te agencies or firm s p o lit ic a l pork b a rre lin g some other reason(s) 1. 2. 3. 4. 5. in >> IQ * 5 1 1 1 1 1 close and personal warm and frie n d ly s t r i c t l y businesslike cool and d is ta n t h o s tile and an tag on istic in U c +*> u <4a> O 1/7 as 2 3 4 2 3 4 2 3 4 2 3 4 2 3 4 Do you believe th a t using p riv a te contractors to produce and d e liv e r public services is somehow more democratic o r less democratic than using p u b lic employees? 1. more democratic r ___ 2. less democratic 3. doesn't have anything to do w ith democratic ideals + Why? 57. In your area, do you believe th a t the m onitoring and evalua­ tio n o f contractors is : 1. 2. 3. 4. 5. 6. too s t r i c t , w ith toomuch paperwork not adequate to oversee not adequate to evaluate not adequate to oversee performance ju s t about r ig h t some other response? unnecessary andburdensome expenditures performance expenditures or to evaluate 235 58. In your experience in c o n tra c tin g , how do you evaluate the ro le o f most p o litic ia n s (e .g ., sta te le g is la to rs , county commissioners, c it y councilmen) in the co n tra ctin g process? 1. 2. 3. 4. ___5. ___6. 59. generally q u ite h e lp fu l not Involved enough in co n tra ctin g too in te rfe r in g in decision making hardly Involved fn co n tra ctin g a t a l l , but th a t's the way I p re fe r i t only involved in contracts th a t th e ir constituents want, but otherwise hardly Involved at a ll some other response? How fre q u e n tly do you th in k th a t the service co n tra ct coo rdi­ n a to r ^ ) in the state/cou nty acts as an advocate fo r your agency and oth e r service providers ( e .g ., as w ith other state o f f ic ia ls ) ? 1. 2. 3. 4. always often sometimes never BIBLIOGRAPHY BIBLIOGRAPHY Ahlbrandt, Roger S ., J r . , "E ffic ie n c y in the P rovision o f Fire Services," Public Choice 18 (F a ll 1973), pp. 1-15. The A n titru s t Comnlttee, National Association o f Attorney General and The Conmittee on Competition in Governmental Purchasing, National Association o f State Purchasing O ff ic ia ls , Impediments to Competitiv e Bidding--How to Detect and Combat Them (The Council o f State Governmien t s , 1963). Aste, W illiam F. I l l , "Benton Harbor C ity Manager Proposes Laying O ff Most Employees," The Benton Harbor Herald-Palladium (February 3, 1981), p. 1. 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