@StateDept Says It’s “Unfortunate” That It Withholds Employee Survey Results From Public 😢 Hu-Hu!

Posted: 1:59 am ET
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Via govexec.com:

“Unfortunately, the results of the survey will not be available,” said Nicole Thompson of the department’s Office of Press Relations. That position comes in spite of the fact that a copy of the 110-page survey report from Insigniam, a consulting firm, was leaked to the Wall Street Journal, which published excerpts.

Hey, that’s the $10K/page report that the American taxpayers paid for but cannot read publicly. “Unfortunate” is an understatement. We also don’t know who owns the data collected during this study. Do you?

The contractor has asserted its copyright on the report — provided for under the FAR — in which case, “when claim to copyright is made the Contractor grants the Government, and others acting on its behalf, a license to the work.” Also that “The Government’s license includes the right to distribute copies of the work to the public for government purpose.” So in this case, by not making the report public, the State Department has decided that the American public does not have a right to see a report it paid for.

Folks, this is going to be the document that Mr. Tillerson will cite in reorganizing, no, excuse me, downsizing his own agency, the oldest executive agency in our history, and the public is not allowed to read it?  Holy moly guacamole! Help me! I can’t stop crying 😢 😢 😢 …

If Contractor is Allowed to Assert Copyright in a Work Produced Under a Government Contract, What Rights Does the Government Have?

Federal Acquisition Regulation (FAR) was established to codify uniform policies for acquisition of supplies and services by executive agencies. The following from the Frequently Asked Questions About Copyright Issues Affecting the U.S. Government  addresses the issue of copyright from an operations perspective:

A contractor’s assertion of copyright in a work produced under a DFARS contract does not provide any restrictions to the Government’s use of the work (see DFARS 227.7103-990 and 227.7203-991). In a FAR contract, if the contractor is permitted to assert copyright, the Government will acquire a license to the copyrighted work. The extent of the license may depend on the type of work created (see FAR 52.227-1492).

Under the FAR, when a contractor asserts copyright in a work first produced in the performance of a contract with a civilian agency or NASA, the contractor must place a copyright notice acknowledging the government sponsorship (including contract number) on the work when it is delivered to the Government, as well as when it is published or deposited for registration with the U.S. Copyright Office (see FAQ Section 4.8). If no copyright notice is placed on the work, the Government obtains unlimited rights in the work. Unlimited rights allow the Government to provide the work to another contractor and distribute the work to the public, including posting the work to a public web site. Otherwise, when claim to copyright is made the Contractor grants the Government, and others acting on its behalf, a license to the work.

The Government’s license is a nonexclusive, irrevocable, worldwide license to use, modify, reproduce, release, perform, display or disclose the work by or on behalf of the Government. The Government may use the work within the Government without restriction, and may release or disclose the work outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the work on behalf of the government. The Government’s license includes the right to distribute copies of the work to the public for government purpose. While the contractor may assign its copyright in “scientific and technical articles based on or containing data first produced in the performance of a contract” to a publisher, the Government’s license rights attach to the articles upon creation and later assignment by the contractor to a publisher are subject to these rights. Under some FAR data rights clauses, if the work is a computer program, the right to release or disclose the computer program to the public is not included in the Government’s license. If there is any question as to the scope of the Government’s license, the Contracting Officer or your General Counsel should be consulted.

An example of a copyright statement, which includes a government license, for use with works created under contracts with civilian agencies and NASA is:

COPYRIGHT STATUS: This work, authored by ______________ employees, was funded in whole or in part by _________________ under U.S. Government contract _______________, and is, therefore, subject to the following license: The Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in this work to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. All other rights are reserved by the copyright owner.

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@StateDept Requires Insigniam to Provide Summary Report of Poignant Themes, Patterns, and Sentiments

Posted: 3:55 am ET
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On May 9, we blogged about the State Department’s Insigniam contract awarded in late April (see @StateDept’s $1,086,250 Organizational Study: Multiple Contractors Interviewed But Only 1 Offer?). Last Friday, May 19, the State Department finally posted a two-page JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION FAR Part 6.302-2 for the contract.

The J&A requires Insigniam to “provide the U.S. Department of State with a summary report of the poignant themes, patterns, and sentiments of the people of the Department of State and USAID regarding both organizations, State’s and USAID’s ability to fulfill its mission, and proposals and suggestions for how to improve the organizations and how each does their work.”

It also says that the contractor “shall use listening sessions in the forms of verbal interviews and online surveys to gather data on aspects of the Department and USAID such as workforce culture, technologies used, and where the work gets done. The study shall be expedited, and shall proceed without preconceived notions of the optimal end state for a high performing agency, or its associated staffing level.”

The J&A also notes that “a synopsis of the proposed contract actions will not be posted as authorized by the exception stated in FAR 5.202(b), in that after consultation with the Administrator –Federal Procurement Policy and the Administrator-SBA, advance notice is determined to be inappropriate and unreasonable.”

Excerpt from the J&A:

Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 6.302-2 in accordance with 41 the authority of 41 U.S.C. 253(c)(2), the Office of Acquisition Management proposes to award a Sole Source Contract to INSIGNIAM LLC to assist the Department in complying with the requirements of The Office of Management and Budget (OMB) issued a memorandum on April 12, 2017, entitled “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” (M-17-22

The period of Performance for this effort is less than one year and the estimated value will not exceed $850,000 plus certain international travel expenses for the post visit.

A description of the supplies or services required to meet the agency’s needs:

The Department of State, the first Cabinet level agency, has a presence in over 160 countries around the globe, staffed by political appointees and members of the Foreign Service, Civil Service, and Locally Engaged Staff serving domestically and abroad at over 200 Embassies and consulates. Together with the U.S. Agency for International Development (USAID), the Department seeks to fulfill its mission in an efficient and effective manner. With a combination of over 85,000 employees and locally engaged staff, the organizations are large and complex.

The Office of Management and Budget (OMB) issued a memorandum on April 12, 2017, entitled “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” (M-17-22), which requires all agencies to, among other things, begin taking immediate actions to develop an agency reform plan. This plan, the first draft of which is due to OMB on June 30, requires proposals to identify how to improve the efficiency, effectiveness, and accountability of the agency, focusing on fundamental scoping questions and on improvements to existing business processes.

Before determining what improvements to make or what activities to eliminate, as required by OMB, data must be collected to understand the range of activities and functions currently performed throughout the Department. The Department aims to have this data collected from a wide swath of the Department community so that all groups of community members are represented. The collection and presentation of the data will inform the new Department leadership of the current structure, culture, and workflow.

The contractor shall provide the U.S. Department of State with a summary report of the poignant themes, patterns, and sentiments of the people of the Department of State and USAID regarding both organizations, State’s and USAID’s ability to fulfill its mission, and proposals and suggestions for how to improve the organizations and how each does their work. The contractor shall use listening sessions in the forms of verbal interviews and online surveys to gather data on aspects of the Department and USAID such as workforce culture, technologies used, and where the work gets done. The study shall be expedited, and shall proceed without preconceived notions of the optimal end state for a high performing agency, or its associated staffing level.

☒ Urgency
Exclusive Licensing Agreement
Brand-Name

☒ Other information to support a sole-source buy:

OMB has mandated the first draft of which is due to OMB on June 30, requires proposals to identify how to improve the efficiency, effectiveness, and accountability of the agency, focusing on fundamental scoping questions and on improvements to existing business processes. The complexity involved with required information gathering as well as the development and coordination of the report does not allow for sufficient time to solicit for the necessary services.

A synopsis of the proposed contract actions will not be posted as authorized by the exception stated in FAR 5.202(b), in that after consultation with the Administrator –Federal Procurement Policy and the Administrator-SBA, advance notice is determined to be inappropriate and unreasonable.

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@StateDept “Listening Tour” Survey Leaks, So Here’s Your Million Dollar Word Cloud

Posted: 4:34 pm PT
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Zachary Fryer-Biggs, Senior Pentagon Reporter covering national security for Jane’s obtained a copy of the internal survey sent out at the  as part of Secretary Tillerson’s “listening tour” through Insigniam.

And then John Hudson, who used to be with  and now the Foreign Affairs Correspondent for  writes that the survey feels like Office Space, so he came up with all sorts of GIFs (must see, by the way). We thanked John for the GIFs; frankly, we don’t know where to store our laughing teardrops.

John Hudson also asked the State Department for comments, but the now famous Mark Stroh — who is just doing his job — and whose press shop now refuses to acknowledge or respond to inquiries from this blog — came back with an exclamation point!

What if you can’t come up with a word cloud?  To borrow what FBI Director Comey said the other day on teevee, “Lordy, that would be really bad.” So we’ve decided that we all deserve a million dollar word cloud. Here you go. You’re welcome!

 

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