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Archive for July, 2010

Provision in Pending FY ’11 Defense Authorization Bill Could Spur Federal Government Insourcing Above and Beyond Recent Obama Administrative Insourcing Guidance

For the past several months, the government contracting community has been focused on the OMB draft policy guidance released in March that seeks to clarify for federal agencies when  outsourcing of services is, and is not, appropriate pursuant to recent laws passed by Congress.  The guidance, which is expected to be finalized in the fall, creates a single definition for “inherently governmental” (which specifically excludes “building security”) and establishes criteria to be used by agencies to identify other functions and positions that should only be performed by federal employees.  Hundreds of interested parties, including NASCO, submitted comments by the June deadline.   OMB specifically asked for comments on how “security” related functions should be classified, and this issue has garnered much governmental and media attention.

The contracting community raised various concerns with the OMB guidance (lacks clarity, not enough specificity and required agency consideration in  determining which functions should not be outsourced, lacks an agency requirement for cost-comparisons before insourcing, etc. )  However, given the Administration’s political disposition against outsourcing and contractors, overall the proposed OMB policy was considered rational.  When the guidance was published, the Professional Services Council (PSC), a leading government service contractor association, noted that the   ”The proposed policy is balanced, founded in sound management strategy rather than ideology, and …offers meaningful and relevant guidance to agencies in making the determination of what work, other than ‘inherently governmental functions,’ is best performed by federal employees and what is appropriate for contract performance.”

In stark contrast, in May, with little notice and no Committee consideration, an amendment, by Rep. John Sarbanes (D-MD) was added on the House floor to House FY ’11 Defense Authorization bill (H.R. 5136), that will require federal agencies to “devise and implement guidelines and procedures” for insourcing and to ensure that ”special consideration” is given to insourcing certain types of functions.  Hailed by the AFGE after its passage, if enacted, which is very likely, this new required insourcing policy for agencies will go well above and beyond the insourcing guidance to agencies contained in the March 2010 OMB draft guidance.  Using the above quoted Professional Services Council as a barometer of the contractor industry concern, here is what the PSC said about the Sarbanes provision.  “The provision creates a preference to use federal employees and lacks a holistic, well-designed sourcing strategy…this sends a nonstrategic and unhelpful message to the community …and, it’s a terribly imbalanced amendment. There seems to be no recognition of the management challenges agencies face and how they should be approaching this.”

The provision (Section 850 of the bill) requires that agencies “shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Federal employees to perform new functions and functions that are performed by contractors and could be performed by Federal employees.”  Decried as “institutionalizing insourcing” the provision goes on and specifically mandates that  ”special consideration” must be given to using federal employees for any function that has been performed by contractor in the following four categories;  (1)  “has been performed by Federal employees at any time during the previous 10 years”; (2) “is a function closely associated with the performance of an inherently governmental function”; (3) “has been performed pursuant to a contract awarded on a non-competitive basis”; and (4) “has been performed poorly, as determined by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality.”


Parking Lot Employees Trained to Watch for Terrorists

Ten years ago, this type of training would have not existed. Back in 2000, the fear of a terrorist attack in the heart of an American city – although it had already happened in 1993 at the World Trade Center, was not on people’s minds. But since 9/11, fear has gained ground. Today, and in light of the recent Times Square bomb plot in May which was thwarted by two alert street vendors, law enforcement agencies are more aware more than ever of the help ordinary people can bring.

This is the reason why the government has launched a program to train thousands of parking industry employees throughout the country, to watch for and report anything suspicious. Investigations into former attacks, like the 1995 Oklahoma City bombing that had left 168 dead, proved that these attacks are typically preceded by warning signs: illegally parked or abandoned cars, people lurking around garages, taking pictures or drawing sketches, and even asking unusual questions.

During a convention in Las Vegas in May, attended by hundreds of people whose jobs are related to parking operations for cities, universities, stadiums, and other major facilities, the new training program was presented for the first time. It is part of a larger effort by the government since the attacks of September 11, 2001 to enlist civilians working in potentially targeted areas, to serve as the ears and eyes of law enforcement including airline passengers, subway riders, bus drivers, truckers, doormen and building superintendents.

The Transportation Security Administration (TSA), whose mission is to protect the Nation’s transportation systems to ensure freedom of movement for people and commerce, will administer this program, which is being funded by the Federal Emergency Management Agency (FEMA).

Other similar initiatives have been enacted on a more local level. Numerous parking lots across the nation are already acutely aware of the threat and train their employees accordingly. In New York City, the manager of a Central Parking System garage located near Times Square explained that officers from the New York Police Department (NYPD) come every year to brief the employees on terrorists’ threats.

In Boulder, Colorado, city employees who write parking tickets and operate lots also receive counterterrorism training. So is the case of newly hired employees in many casinos in Las Vegas, including housekeepers and parking valets.

Next Upcoming Webinar – National Parking Association
Anti-Terror Training for Parking Professionals – FIRST OBSERVER
September 15, 2010 at 2:00 PM EDT, 1:00 PM CDT, 12:00 PM MDT, 11:00 AM PDT
First Observer™ is a national Terrorism Awareness program that uses the skills, experiences and “savvy” of Americans who spend a good part of their working day in America’s surface transportation arena.

For more information and to register, please click here


Professional Development Series

Professional Development Series

What: A facilitated forum for the exchange of best practices and industry issues

for over 40 C-level executives from large national and regional companies

with large, dispersed hourly workforces.

Who: Featured speakers include experts and leaders from political, law

enforcement, security, media and general business experts.

Line Up with us at the Georgia Dome

November 11, 2010

Atlanta Falcons vs. Baltimore Ravens

Game Plan

Forum start: 3:00 PM

Featured speakers: 3:30 – 6:30 PM

Dinner: 6:30 – 8:00 PM

Kickoff: 8:05 PM

Sponsorship plans available

Contact Jillian Born to learn more

516.224.1933 or Jillian@valiant.com

CLICK HERE FOR MORE INFO


Do You Have a Plan to Curb ED Violence?

Violence is escalating in hospital emergency departments. While the Occupational Safety and Health Administration (OSHA) has created guidelines to help prevent violence and aggression in the workplace, implementation of these recommendations is not mandatory. A recently released study by the Emergency Nurses Association (ENA) indicates some hospitals may not even have prevention programs and those that do often fail to adequately protect staff members.

The numbers are staggering. More than 50% of nurses surveyed indicated they had been “hit, pushed/shoved, scratched or kicked” by patients or visitors. Yelling, cursing, and sexually aggressive language was heaped on more than 70%. The malicious incidents were not isolated. In the past three years, nearly one-quarter of ED nurses responding to the survey were assaulted more than 20 times, and almost one in five nurses reported being verbally abused on over 200 occasions. “I was stunned at the frequency of incidents and the number of nurses (33%) who were considering leaving the profession,” comments Kim McAllister, RN, who has worked in San Francisco-area EDs for 18 years.

The ED is a high-stress environment. Patients are ill or injured. Family members are upset. Tough patients and visitors, prone to violence, introduce another kind of fear factor. Emotions run high and rage against staff members often follows. But the scenario doesn’t have to play out that way.

“Knowledge is power,” confirms Alan Butler, director of operations and consulting for HSS, one of the nation’s largest healthcare security firms. “I hear it almost every day: ‘It happened so fast; I didn’t see it coming.’” According to Butler, when staff are properly trained to assess a situation and prepare, violent incidents are largely preventable. Even if an event does occur, a well-defined security response plan will minimize risks and maximize safe outcomes. Butler describes three components of an effective ED security response plan—environmental assessment; policies, procedures, and training; and feedback.

Environmental Assessment

Take a critical look at your ED layout. Many facilities have failed to keep pace with reconfiguring the ED space for safe, efficient, higher-capacity patient throughput. Small, common-sense physical improvements can often make a big difference.

  • Check-in/triage desk(s) need to be protected with multiple escape pathways.
  • All ED entrances should be visible from the check-in desk(s).
  • Waiting areas require adequate seating with chairs arranged so that individual space is not severely compromised.
  • The unit should be clean and décor calming to help ease tension.
  • Easy visual and auditory contact between ED staff and a clear view of what’s going on in the unit promote safety.

Policies/Procedures/Training

Delayed care frustrates patients and those accompanying them.

  • Strict tracking of patient wait times is crucial.
  • Personnel must be instructed how to candidly but calmly interact with agitated visitors.
  • Effective response plans deal with behavior that escalates from normal to heightened to dangerous levels.
  • Input from security and local police improves planning and training.

Feedback/Debriefing

Abuse reporting must be encouraged and valued.

  • Staff-friendly protocols for reporting are essential.
  • A constructive ED team discussion follows any violent event.
  • The response plan should be promptly adjusted to improve safety for all.

“When EMTs, security, environmental services, social services, food service workers, clergy, and medical staff train as a team, everyone has a better understanding of their role and how individual actions contribute to a successful response,” says Butler. “Experience shows that awareness, planning, communication, and teamwork promote safety in today’s demanding ED setting.”


Valiant Employee Law Seminar: June 2010

Click the link below to review the presentation by Employment Law Attorneys, Bradley & Gmelich.

Valiant Employment Law Seminar June 2010

www.bglawyers.com


4th Annual "Day at the Ballpark" with The Mechanic Group!

Join us July 16th for a fun and exciting summer Friday at the park – it’s Cubs vs Phillies!  The Mechanic Group will be in the stands supporting their favorite team so come say hello and enjoy the game from the Super Suite at Wrigley Field!

Please RSVP by email or phone:

mdisparte@themechanicgroup.com
agreenbaum@themechanicgroup.com
800.214.0207 ext 265 Alyssa Greenbaum
www.themechanicgroup.com


Have you read the DOL semi-annual regulatory agenda for Spring 2010?

The Department of Labor recently released its semi-annual regulatory agenda for Spring 2010. That agenda contains short descriptions of the regulatory initiatives the Department will seek to undertake in the coming years.

Among the regulatory initiatives identified by the Department’s Wage and Hour Division is titled “Records to be kept by employers under the Fair Labor Standards Act.” The description in the regulatory agenda contains the seemingly innocuous description of, among other things, “updat[ing] the recordkeeping requirements to foster more openness and transparency in demonstrating employer’s compliance with applicable requirements to their workers, to better ensure compliance by regulated entities, and to assist in enforcement.”

The Department, however, also released a fact sheet regarding the proposed rule, in which it made clear exactly what it would be proposing. The Department is considering a proposed rule requiring any employers that seek to exclude workers from the FLSA’s coverage to perform a classification analysis, disclose that analysis to the worker, and retain that analysis to give to Wage and Hour Division enforcement personnel who might request it. Although the fact sheet references exclusions from the FLSA’s “coverage,” it also discusses issues related to exempt status. It is unclear at this time whether the proposal will include a requirement that employers perform the analysis for exempt employees.

The proposal will also require covered employers to notify workers of their rights under the FLSA, and to provide information regarding hours worked and wage computation. It will also address burdens of proof when employers fail to comply with records and notice requirements.

These proposals, if adopted, would impose significant financial costs on companies as they seemingly would be required to prepare an analysis for each and every exempt employee employed or independent contractor used by the company. Moreover, workers are already notified of their rights under the FLSA by required postings, so the proposed rules would seem to require something more onerous (and costly). Precisely what will be required to be disclosed to employees will be contained in the Notice of Proposed Rulemaking.

To be clear, these requirements are not yet in effect. Once the Notice of Proposed Rulemaking is issued (which the Department lists as anticipated in August 2010), the public has a limited period of time — usually 60 to 90 days — to provide comments in response to the proposed rule. In addition, there are numerous other opportunities to affect the regulatory process. If you believe that your company might be adversely impacted by these proposals, you should begin planning a response to the proposals now.


Federalizing Guards Will Not Improve Security at Federal Buildings

Federal Times’ April 19 editorial, “Federalize building security,” concludes that federalizing the security guards at federal buildings is necessary to achieve better security. However, the evidence on federalization does not support that conclusion.

It is true, that over the past two years, the Government Accountability Office has uncovered numerous problems at the Federal Protective Service that have led to serious lapses in federal building security. Of greatest concern has been GAO’s ability to pass undetected through security checkpoints with dangerous items, including bomb components. This has led to calls to federalize the FPS guard force. While FPS estimates that a federal guard will cost 30 percent more than a private guard, the key question is whether federal guards will provide better security. The answer is no.

The greatest example of federalizing personnel for security purposes was the conversion of private airport screeners to federal screeners after 9/11. Like FPS guards, a primary function of airport screeners is to detect dangerous materials. In 2007, several years after airport screening had been federalized, GAO conducted covert detection tests on airport screeners virtually identical to the tests later conducted on FPS security guards. The results were also identical — widespread failure to detect prohibited items.

When faced with the poor performance of federal airport screeners, federalization proponents claim federal screeners are still an improvement over pre-9/11 private screeners. That may be so, but what about compared with current private screeners? Under the Screening Partnership Program, currently about 20 airports, including major airports at San Francisco and Kansas City, use private screeners. These private screeners were also tested by GAO, and no difference was found in their performance compared with federal screeners. In addition, a 2007 Transportation Security Administration-commissioned study of private airport screeners found the performance of private screeners to be “equal to or better” than that of federal screeners.

At this point, federalization advocates fall back on the “fact” that because private security contractors seek to make profits, they will cut costs to increase profits, and such cost-cutting is reflected in guard performance. On the other hand, they argue, the federal government has no profit motive and is only motivated by security, thus federal guards will perform better.

This dubiously calls into question the quality of service provided by all government contractors and shows a lack of understanding of the competitive market system.

Cutting costs can increase profits, but a better way to increase profits is to provide excellent service to retain business and attract new customers. Furthermore, in the private sector, competition creates the need to perform well, employ best practices and constantly seek to improve. Such performance drivers are not evident in the federal sector.

In analyzing the problems of FPS guards, one must look at the root causes. Inadequate training on X-rays and magnetometers is cited as a major problem. Yet, if such training is poor, then it does not matter if the guard being trained is federal or private; the outcome will be the same.

What is needed to improve FPS security is better training, management, oversight and administration, including additional resources to hire more inspectors and contracting officer’s technical representatives. The relationship between FPS and contractors needs to be strengthened, and most importantly, the procurement process must be altered so that the quality of training, personnel, management and operations is properly considered in relation to cost. This will result in higher-cost contracts, but will also in better-paid, trained and motivated security officers.

By having adequate resources and making identifiable improvements to the contract guard program, some of which are already underway, FPS can provide better security in a more cost-efficient and effective manner than could be done with the federalization of the FPS guard force.

Stephen Amitay is federal legislative counsel for the National Association of Security Companies.


What Makes a Guard Company Different?

Guard companies are required to meet certain regulatory federal and state requirements, training, and familiarization.  So how can a guard company differentiate itself?  The fact is most try and fail!  Sure you could start with a good employee base, add a unique culture, mix it up with good leadership, and sprinkle a dash of employee recognition to increase retention, stir frequently with good customer service and “WALA”, you have a better than average guard company.  But just how does this relate to better security?  Fact is – it does not!

A guard company typically gives the client what they want, position guards where they are asked, maybe even conduct a physical security assessment and suggest a few extra guards.  Why not, this will increase revenue but again did this really increase the security posture?  Did this assessment really cover all aspects required to increase security and safety?  Do the guards know what they are protecting, what the threat is, what the vulnerabilities are, or even why they are even there?  All too many times the guard company does not ask for access to the facility to complete a comprehensive detailed security assessment, using an “all hazards” and “threat based” system.  Besides, why bother, the client probably is not willing to pay for it, or will they?  The answer is yes, but both the guard company and the client have to understand what the derived value is for them!

Case 1:

GISS conducted Red Team²® comprehensive “threat based’ risk management process to determine the threat, vulnerabilities, criticality and overall risk of a high end residential complex.  Based on Proactive Threat Analysis (PTA²®) GISS developed policies, procedures, protocols, plans, and preparedness (training and exercise) for all security requirements related to the property including quality assurance. GISS interviewed and selected the guard services company, conducted Situational Awareness Assessment Training® SAAT (predictive profiling™ enhanced) for the Guards to identify and mitigate potential threats and incidents.  GISS coordinated and integrated the security program with the, City Police Special Operations Group, and Local Air Force Base Antiterrorism Office.

RESULTS:

GISS completed a comprehensive threat based assessment developing and instituted a Master Security Management Plan (developing a modified Force Protection and Antiterrorism Program) for the property that “certified” the property for the occupancy of military and federal clients.  It also allowed the property to market their newly established DoD compliant Force Protection Program to the military increasing occupancy rates to 98% well above other luxury apartment property averages for the area.  The GISS established plan is the only one of its kind in the area offering this level of security for their clientele and provides their property a significant differentiator that enables them to charge a premium.  Additionally, the GISS established program integration, which was used to negotiate lower insurance rates and assist in a successful refinancing action at a time when refinancing is difficult at best.

On the Guard side of the house they were able to taunt additional training, increased their exposure, and generated greater credibility with local, state, and federal entities that are now marketable a true differentiator!

Case 2:

GISS Conducted Red Team²® comprehensive “threat based’ risk management process to determine the threat, vulnerabilities, criticality and overall risk of a federal public facility.  Based on Proactive Threat Analysis (PTA²®) GISS developed policies, procedures, protocols, plans of a Federal public facility and identified threats, vulnerabilities to key assets, and preparedness (training and exercise) for all security requirements related to the property including quality assurance for a federal public facility. GISS provided these results to the Director of the facility and the guard services company. GISS conducted a compliance training, and quality control review of the security personnel, policies and procedures; reviewed and audited the Security Company’s overall security and quality control program.  All security officers participated in 4 hours of close combative techniques training and  4 hours of Situational Awareness Assessment Training®  SAAT (predictive profiling™ enhanced).

RESULTS:

GISS identified and confirmed the potential threats to the government public facility and provided concurrence for arming the officers and training them in close combative techniques more appropriate to the confirmed and GISS defined threats they face a differentiator for the guard company.  GISS developed, proposed, and implemented protocols to mitigate the vulnerabilities found based on potential site specific threat(s). Advanced training resulted in a proactive vs. reactive security posture at the facility.  The assessment findings and subsequent report substantiated the request for additional funding by the Director of the facility that significantly improved overall security, while minimizing the risk to assets and above all PEOPLE!  A win win for Guard Company, the public facility, and the public!

About GISS

Global Integrated Security Solutions (GISS) is a Service Disabled Veteran Owned Small Business (SDVOSB) founded in 2005 to provide world class security solutions.  At GISS, we develop functional and practical security solutions for our client’s challenges through the use of Proactive Threat Analysis Squared (PTA²)® and Red Team Squared (Red Team²)® Exercises, a Site Specific and Reality Based Assessment and Analysis System utilized to manage, validate, and modify the instituted program.  We design and implement integrated processes and training solutions that protect property, information, and most importantly PEOPLE!

For more information visit GISS911.com

NOTE:  Master Security Management System (MSMS)®, Proactive Threat Analysis Squared (PTA²), Red Team Squared (Red Team²) are a GISS registered trade marks.