In Reply Refer To: January 7, 2004 Mail Stop 409 Sunset Date: January 2009 WATER RESOURCES DISCIPLINE POLICY MEMORANDUM NO. 04.01 Subject: Avoiding Competition with the Private Sector This memorandum reiterates the longstanding Water Resources Discipline (WRD) policy on avoiding competition with the private sector and provides references for additional guidance in areas where competition may be an issue. The need to review WRD's role in performing work on a reimbursable basis through the Cooperative Water (Cooperative) Program and programs with other Federal agencies (OFA) continues to be relevant in light of the changing technical and political environment. The expertise and capabilities of the hydrologic consulting community continue to evolve, and the emphasis on the privatization and outsourcing of work previously done by Federal agencies is increasing. However, we believe that our mission continues to provide clear and compelling justifications for our Federal role in water information and that we must be ever more vigilant in adhering to that role. The existence of even a few projects (out of the many hundreds we undertake) for which the justification is weak can undermine our ability to continue to provide the services to the Nation that is our proper mission. Thus, for every study we undertake we must be able to demonstrate that it is an appropriate role for WRD. The essential role for WRD is to be the principal Federal provider of hydrologic data, theory, research, and new technology for the Nation. As such, the WRD needs to maintain its competence through hydrologic research and methods development, distributed data-collection and resource-assessment programs, and continuous stakeholder (cooperator and OFA) input. The continued vitality and relevance of our programs depend on our close involvement and responsiveness to stakeholder agencies. Internally, strong competence in field techniques and assessments, familiarity with the full range of hydrologic systems, and a robust and relevant research program must be maintained. The data and hydrologic system information gathered from the Cooperative and OFA programs is used in turn by WRD to synthesize regional- and national-scale water-resources perspectives. Without these elements, the WRD program would soon lose its scientific leadership and relevance to emerging water-resource issues; thus, they are vital to the overall mission of the WRD. Paramount in our relationships and programs with other agencies, however, is the need to maintain the longstanding WRD policy not to compete with the private sector. This means that WRD must be responsive to the requests and interests of potential partners, but at the same time, set limits on the type of work undertaken on their behalf. As such, projects undertaken with funding partners must meet several basic standards. Our projects must provide an enhancement of knowledge or an enhancement of hydrologic methodology that is useful beyond the immediate needs of the cooperator. In general, if the project provides services readily available from the private sector and is driven solely by an operational need of the cooperator to meet an agency-specific requirement, (such as a design or permit application) we should not undertake it. However, if services are not readily available from the private sector or the cooperator's operational need can be satisfied along with one or more of the following broader WRD mission goals, then the work may be considered appropriate. These broader goals for WRD work are: * advancing knowledge of the regional hydrologic system * advancing field or analytical methodology * advancing understanding of hydrologic processes * providing data or results useful to multiple parties in potentially contentious inter-jurisdictional conflicts over water resources * furnishing hydrologic data required for interstate and international compacts, Federal law, court decrees, and congressionally mandated studies * furnishing hydrologic data or information that contribute to protection of life and property * providing standardized, quality-assured data to national data bases available to the public that will be used to advance the understanding of regional and temporal variations in hydrologic conditions. A critical aspect of each of these goals is that all WRD programs (whether funded by appropriations or by funding partners) actively share the results through widely-accessible data bases and published reports. Further guidelines on our appropriate role are given in WRD Memorandum No. 84.21; this memorandum specifically addresses criteria to be used to decide which hydrologic activities are not appropriately included in the Cooperative Program. Additionally, WRD Policy Memorandum No. 2000.04, "New requirements for project proposals and AIS project descriptions," requires that every project proposal include a "Relevance and Benefits" section that clearly explains how the proposed work is relevant to the USGS mission and the benefits it will provide to Federal science interests, stakeholders, and the public. The USGS uses private sector contractors to carry out specific tasks in projects where it is appropriate and efficient to do so. However, when projects have large tasks within them that are appropriate for the private sector, we should work with cooperators to try to develop parallel agreements between themselves and the USGS and between themselves and private sector firms. These agreements should contain clear expectations as to how the USGS and the private sector firms should collaborate. An External Task Force Review of the Cooperative Program completed in 1999 provided two important recommendations related to competition (USGS Circular 1192, p. 19) as follows: * Convene ad hoc committees by project type, composed of private sector, other agencies, and Cooperators, to resolve emerging competition issues, and to help determine what types of projects are appropriate for the USGS to undertake. To address this recommendation, we have begun convening 'listening sessions' at major national conferences involving topical areas where competition could be a potential issue. To date, these listening sessions have resulted in two guidance memorandums on flood-plain mapping. A third guidance memorandum on the subject of bridge scour is based on numerous interactions with cooperators and the private sector on this topic. Two additional guidance memorandums based on recent listening sessions on TMDLs and aquifer storage & recovery, are planned to be released in 2004. Other topics will be covered as they arise and as appropriate venues for addressing them are identified. Current information about existing guidance memorandums and plans for additional ones can be found on the web at: http://water.usgs.gov/coop/competition.html * Create and convene biennially, a review panel to update WRD Memorandum No. 95.44 as necessary. Because guidance memorandums on specific topical areas are being used to update information about competition issues, we have agreed to review and revise, as needed, our policy memorandum on competition at least every 5 years. The issue of potential competition with the private sector continues to be a challenging one, requiring the use of considerable judgment and sensitivity. While it is important that WRD stay relevant to the needs of its funding partners, it is also important that we provide significant technical leadership and not simply respond to their needs as they perceive them. This means that some potential projects will be rejected as inappropriate for WRD. This also means that many projects will be greatly strengthened, from the standpoint of benefits to the cooperator and to the Nation. /signed/ Robert M. Hirsch Associate Director for Water DISTRIBUTION: A, B, DC This memorandum supersedes WRD Memorandum No. 95.44