	Background

States have contracted out social services for decades. About a quarter of these officials took positions with social service contractors. According to federal and state program officials, of the 41 states in which the child support enforcement director left that position, 11 directors went to work for social service contractors. Similarly, of the senior TANF program managers who left their positions in 40 states, 10 joined the staffs of social service contractors. No Relationship Between Contractors’ Hiring of State Employees and Contracts Awarded

Among the proposals we reviewed, we found that child support enforcement and TANF-related proposals listing former state employees from any state as key personnel resulted in contract awards about as frequently as did proposals that did not list such employees. When we examined the child support enforcement and TANF programs separately, we still found that, in each program, proposals not listing former state employees resulted in contract awards about as often as proposals listing such employees. Some States Lack Recommended Ethics Provisions; Enforcement Approaches Differ Widely

Many states, in an effort to help ensure open and fair competition among contractors, have established ethics policies. However, more than one-third of the states lack one or more of the key ethics provisions, such as those prohibiting certain postemployment activities and conflicts of interest, which ABA and other organizations recommend as critical to state efforts aimed at protecting competitive contracting. To address the disparities in state ethics policies, model laws prepared by organizations such as ABA offer frameworks that states can use to strengthen their ethics policies. State Strategies to Hold Contractors Accountable Are Focused More on Compliance With Program Rules Than on Results

Several states have established practices to help ensure that contract awardees are held accountable for program results, which provides added assurance that these states will receive the services for which they paid. These practices include performance measures states use when they assess contractor progress toward achieving program results. However, program officials in most states indicated that they rely on traditional accountability strategies, such as audits, that focus more on compliance with program rules than on results. To estimate the extent of national movement by former state employees to positions at social service contractors, we obtained information from federal and state program managers in the child support enforcement and Temporary Assistance for Needy Families (TANF) programs. We supplemented these data by interviewing officials of public employee unions and other organizations. We examined state ethics laws, policies, and enforcement approaches and their federal counterparts to determine the extent to which state ethics laws and policies parallel generally accepted ethics standards, as defined by the American Bar Association, contracting experts, and others. We also interviewed state program officials in the four selected states to identify the practices they used to hold contractors accountable for program results. In addition, these four states were using contractors to provide child support enforcement services or to design related automated systems.
Why GAO Did This Study

Pursuant to a congressional request, GAO provided information on states' social service contracting, focusing on: (1) the extent to which state government employees have moved to positions at social service contractors and the impact such movement has had on the management of publicly provided social services; (2) determining the relative success in winning contracts by contractors who hired state employees and contractors who did not; (3) state ethics laws, policies, and enforcement approaches that address the employment of former state employees and other related issues; and (4) state practices for holding contractors accountable for achieving program results through contracted services.

What GAO Found

GAO noted that: (1) since 1993, 11 of 42 state child support enforcement directors who left their government positions accepted managerial positions with contractors providing child support enforcement services, according to federal and state program officials; (2) similarly, since 1993, federal and state officials indicated that 10 of the 41 high-level Temporary Assistance for Needy Families (TANF) managers who left state services accepted positions with social service contractors; (3) when the four states GAO examined lost child support enforcement and TANF managers and other staff, officials indicated that they experienced short-term difficulties because they were required to train staff selected to fill the managerial vacancies; (4) although, nationwide, these 21 directors and managers left the government to accept positions with social service contractors, GAO's review of 59 contract proposals in four states found that proposals listing former state employees as key personnel did not result in contract awards any more frequently than did proposals not listing such employees; (5) this was the case for both the child support enforcement and TANF-related programs; (6) GAO's analysis also showed that proposals listing former employees from the same state in which the bidding took place resulted in contracts about as frequently as did proposals not listing such employees; (7) most states have established some ethics policies designed to help ensure open and fair contracting by adopting provisions determined by the American Bar Association (ABA) and other organizations to be critical in prohibiting certain postemployment practices and conflicts of interest; (8) however, more than one-third of the states have ethics policies that lack one or more of these provisions; (9) among the four states GAO examined, enforcement approaches to help ensure compliance with applicable ethics provisions differed widely; (10) to address these inconsistencies, model laws prepared by ABA and others offer possible frameworks for strengthening state ethics policies; (11) once contracts have been awarded, several states have instituted mechanisms aimed at holding contractors accountable for program results; (12) these mechanisms include measures states apply when they assess contractor performance; and (13) while these states have established practices to assess contractor progress toward achieving program results, many others generally rely on basic accountability measures that focus on compliance with program rules rather than on results.