Council Frequently Asked Questions

Frequent Questions & Answers

1. What is the Council on Efficient Government and why was it created?
   

   The Florida Efficient Government Act of 2006 created the Council on Efficient Government (CEG) in response to a growing trend to outsource government services and jobs. Legislators recognized that agencies should focus on their core missions and deliver services by outsourcing or contracting with private sector vendors, whenever vendors can more effectively and efficiently provide services and reduce the overall cost of government. Legislators also recognized that business cases to outsource should be evaluated for feasibility, cost-effectiveness, and efficiency before an agency proceeds with any significant outsourcing of services and reduction of government staff. The Office of Efficient Government supports the council.

   The mission of the Council on Efficient Government is to promote fair and clear best business practices in government in order to foster accountability, competition, efficiency and innovation in the way state agencies deliver services to Florida's citizens. The office will assist an agency during any stage of an outsourcing project as requested by the agency or at the direction of the council or the governor.

2. What is the role of the Council?
   

   The council’s role is to review, evaluate, and issue advisory reports on outsourcing business cases as specified by legislation. The council also investigates and recommends innovative ideas to increase efficiency and save taxpayer dollars. Florida Statutes 287.0573(8) and (9) lists the rules and responsibilities of the Council on Efficient Government. The responsibilities of the council are to:

   a.	Employ a standard process for reviewing business cases
   b.	Review and evaluate business cases to outsource
   c.	Provide an advisory report on projects $10 million and over, including the following:
   	i. ii. iii. Evaluation of the business case Any relevant recommendations Sufficient information to assist the agency in determining whether the proposal should be included in the budget request
   d.	Develop and recommend standards, best-practice procedures, and templates for state agency development and Council review of business cases
   e.	Incorporate lessons learned from outsourcing initiatives into Council standards, procedures, and guidelines
   f.	Disseminate information about best practices in outsourcing to state agencies
   g.	Along with the Agency for Workforce Innovation, develop guidelines for assisting state employees whose jobs are eliminated as a result of outsourcing
   h.	Report annually on the following:
   	i. Innovative methods of delivering government services which improve the efficiency, effectiveness, or competition in the delivery of government services ii. Outsourcing efforts of each state agency, including performance results

3. Who is on the Council?
   

   The council consists of seven members appointed by the governor and is governed by subsections 287.0573(2) through (7) of the Florida Statutes. Florida Statute states that the council shall be comprised of the Secretary of the Department of Management Services, who serves as chair, a cabinet member other than the governor, two heads of executive branch agencies and three members from the private sector. Our Council Members are:

   Linda H. South	Secretary, Department of Management Services (Chair)
   Alex Sink	Chief Financial Officer
   Holly Benson	Secretary, Agency for Health Care Administration
   Lisa Echeverri	Executive Director, Department of Revenue
   Steven Evans	Chief Operating Officer, Florida Tax Watch
   Akhil Agrawal	President, American Medical Depot
   Timothy Yandell	President, inetUSA

4. Will agency staff receive any training on business case development and outsourcing of services?
   

   Yes. The office will assist an agency during any stage of an outsourcing project as requested by the agency or at the direction of the council or the governor. Upon request, the office will conduct training in each agency for all interested/appropriate staff. The training will focus on how to craft a sound business case, guidelines, and best practices in procurement and project management.

   For instructions on how to create a comprehensive business case, go to our website and review a document entitled “Business Case Development and Submission Process” or your may contact us at (850) 414-9200 or ceg@dms.myflorida.com.

5. What is “outsourcing”?
   

   The statutory definition of “outsource” is “the process of contracting with a vendor to provide a service or an activitywhile a state agency retains the responsibility and accountability for the service or activity and there is a transfer of management responsibility for the delivery of resources and the performance of those resources.”

6. Is a business case required for an extension?
   

   No.-Chapter 287.012 (14),F.S., Defines an "Extension" as an increase in the time allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed, with or without a proportional increase in the total dollar amount, with any increase to be based on the method and rate previously established in the contract.

   Additionally Chapter 287.057 (13), F.S., defines that an “Extension” of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor.

7. Is a business case required for a renewal?
   

   No. Chapter 287.012 (20) ,F.S., defines "Renewal" as contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal.

8. Is a business case required for a competitive solicitation?
   

   Yes. Chapter 287.0574, F.S., requires that:“The council shall evaluate the business case analysis and submit an advisory report to the state agency, the Governor, the President of the Senate, and the Speaker of the House of Representatives when the advisory report is completed, but at least 30 days before the agency issues the solicitation for those projects that have determined to be an outsource.”

9. What projects must be reviewed by the Office?
   

   Any project meeting the statutory definition of outsourcing, with all related documents, should be submitted to the Council on Efficient Government, the Governor, Florida Senate and the Florida House of Representatives for review. Per Florida statute, state agencies are required to complete a business case for proposals to outsource and adhere to the following requirements based on the individual cost of the project in any fiscal year:

   When and How to Submit A Business Case to the Council

   	Required Submission of INITIAL Business Case by Agency		OEG INITIAL Review Process	Required Submission of FINAL Business Case by Agency		OEG FINAL Review Process
   Project Cost	To Whom	When Due	Internal Review Process:	To Whom	When Due	Internal Review Process:
   LEVEL 1 Less than $1 Million (per fiscal year)	N/A	N/A	N/A	CEG	After conclusion of negotiations and at least 30 days before execution of contract.	Schedule XII Checklist
   LEVEL 2 $1 Million to $10 Million (per fiscal year)	CEG, Governor's Office, Senate President, House Speaker	30 days before issuing the solicitation	OEG Business Case Review & Recommendation Form	CEG, Governor's Office, Senate President, House Speaker	After conclusion of negotiations and at least 30 days before execution of contract.	Final business case will be reviewed and an advisory report may be issued, if deemed appropriate by staff.
   LEVEL 3 Greater than $10 Million (per fiscal year)	CEG, Governor's Office, Senate President, House Speaker	60 days before issuing the solicitation CEG will submit advisory report to all parties within 30 days of receipt of business case.	OEG Business Case Review & Recommendation Form	CEG, Governor's Office, Senate President, House Speaker	After conclusion of negotiations and at least 30 days before execution of contract.
   * Outsourced as defined in Chapter 287.05721(2), F.S.

   Confidential, Proprietary, or Trade Secret Material

   The Council on Efficient Government takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If a business case submitter has been advised or considers that any portion of the documents, data or record submitted to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, the submitter must also simultaneously provide the Council on Efficient Government with a separate Redacted Copy of its response. This Redacted Copy shall contain the Agency’s business case name, number, and the name of the submitter on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Council on Efficient Government at the same time submitter submits its business case and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

   The submitter shall have the responsibility to protect, defend, and assist the Council on Efficient Government with any and all public records requests or claims made against the Council on Efficient Government regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to disclosure.

   If submitter fails to submit a Redacted Copy with its business case submission, the Council on Efficient Government may be required to produce the entire documents, data or records submitted by submitter in answer to a public records request for these records.

   Business Case Submission Contacts

   Florida Statute requires that all business cases (regardless of value)be submitted to the Council on Efficient Government, the Governor, Florida Senate and the Florida House of Representatives. Please use the addresses below.

   Governor’s Office
   Office of Governor Charlie Crist
   State of Florida
   The Capitol
   400 S. Monroe St.
   Tallahassee, FL 32399-0001

   Florida Senate
   The Honorable Ken Pruitt, President
   The Florida Senate
   409 Capitol
   404 South Monroe Street
   Tallahassee, FL 32399-1100
   850-487-5229

   Florida House of Representatives
   The Honorable Marco Rubio, Speaker
   Florida House of Representatives
   420 The Capitol
   402 South Monroe Street
   Tallahassee, FL 32399-1300
   Attn: William Wilson
   850-488-1450
   850-488-1456 (fax)
   william.wilson@myfloridahouse.gov

10. If a service wasn’t performed by a state employee, but is now being procured, is it outsourcing?
    

    The guidelines set forth by the office may be applicable to any contracted service initiative, regardless of size and scope. Agencies are encouraged to complete a business case for all large dollar contracted services. Business cases required for the council do not have a dollar threshold. Business cases are required for any procured contractual service meeting the above definition of “outsource”, regardless of amount.

11. Is there a person acting as a liaison between the state agencies and the Office of Efficient Government?
    

    Yes. The names of the agency liaisons to our office are listed on our website. Agency liaisons are responsible for submitting updated information and documents on behalf of their agency to our office. In addition, their job is to inform agency employees of any new information from our office. Click the link below to locate your agency liaison:
    Agency Liaisons to Council on Efficient Government

12. Do renewals, re-bids, or extensions of contracts need to go through the Office?
    

    Yes. The office reviews outsourcing projects as directed by the governor, council and/or statute. If a service that had been previously outsourced is going to be competitively procured again, it should be submitted to the office for review.

13. Who decides what should be outsourced?
    

    The legislature encourages each agency to focus on its core mission and contract with private-sector vendors only when they can more efficiently provide services and reduce costs. The council is available to support agencies in preparing business cases submissions.

14. How can the Office be contacted if I have ideas for outsourcing?
    

    To submit an idea to the Office, use our “Give Us Your Suggestion” button located on our website under the “How to Contact Us” section. If you wish to speak with a staff member, please contact the Office of Efficient Government at (850) 414-9200 or click the below link to send us an email.

    http://dms.myflorida.com/other_programs/council_on_efficient_government/how_to_contact_us

15. What is the "turn around time" on documents given for review?
    

    All projects submitted will be reviewed within thirty (30) calendar days from date of receipt.

16. Where do outsourcing ideas come from?
    

    Ideas for outsourcing can come from anyone or anywhere, including but not limited to, agencies, the legislature, employees, the private sector, and citizens of Florida.

17. Who writes a business case?
    

    In the past, agencies typically hired an independent third party contractor to research and create the business case. Recently, agencies have begun assigning staff to complete this process. Resource and instructional documents are available on our website under the section called “Resources and Forms” to aid agencies in developing a business case or you may contact a staff member for further assistance.

18. Will employees have the opportunity to competitively bid if their jobs are being contracted out?
    

    The council encourages agencies currently providing services, as well as other agencies, to compete for the delivery of services. All parties interested should prepare and submit a business case to the council for evaluation.

19. What happens to employees adversely affected by outsourcing?
    

    The Department of Management Services, in association with the Agency for Workforce Innovation, created a workforce transition plan establishing a uniform course of action for agencies when a workforce reduction has been deemed necessary or in the best interest of the state. Agencies create this plan to successfully transition employees impacted by a workforce reduction to ensure that affected employees receive timely and relevant communication as well as assistance in career placement.

20. What is the process for submission and review of documents to the Office of Efficient Government?
    

    a.	Submit your business case to the Council on Efficient Government based on criteria specified in the table found under FAQ #6.
    b.	Business cases may be submitted electronically or in hardcopy format. The email address for the office is ceg@dms.myflorida.com.
    c.	Business cases may be prepared using the LBR Schedule XII form or may be submitted in a report format on agency letterhead. Note: If using the Schedule XII Form for projects over $1 million dollars in value, more information will be required than is listed on form. See CEG document found on our website entitled “Business Case Development and Submission Process” for details.
    d.	Business cases will be reviewed by office staff using the criteria specified in the “Business Case Development and Submission Process” document. If you have any questions regarding the review process, please contact the Council on Efficient Government at (850) 414-9200 or email us at ceg@dms.myflorida.com.
    e.	Office staff will review your business case and provide a response back within 30 calendar days for business cases with a value of less than $1 million to $10 million dollars per fiscal year.
    f.	The council will meet and provide a response back within 30 calendar days for business cases valued at $10 million dollars or greater per fiscal year.
    g.	Final business cases will be reviewed upon receipt and an advisory report may be issued if deemed appropriate by staff.