Re: [Iasa20] 6635bis - RPC contracting

["Joel M. Halpern" <[e-mail]>]

One of the reasons the contracting arrangements for the RPC and 
Publisher are spelled out in 6635 was to make sure that the RSE had the 
intended role in the selection.  Trying to write that role without 
specifying the process would be interesting.  Presumably doable.  But 
definitely non-trivial.  Why do it in the absence of strong motivation?

Yours,
Joel

On 4/30/19 12:40 PM, Sean Turner wrote:
> 
>> On Apr 29, 2019, at 15:03, Joel M. Halpern <[e-mail]> wrote:
>>
>> Maybe the correct answer is for us all to stop arguing for any position until there is a proposed change that can be discussed?
> 
> Hi! Again sorry for going into radio silence right after starting this thread.
> 
> Since Joel asked, I have included review comments below. These deal directly with the question about more flexibility for the RSE and RPC to be either contractors or employees, and the text suggestions assume that the desired result is flexibility for the LLC to choose the type of employment relationship. I have some other comments/questions based on reviewing the doc but I will hold those for now so we can focus on this particular issue.
> 
> I realize people wanted to just s/IAOC/LLC/ here as in the other documents (and that the editors dutifully followed this direction), but this draft is prescriptive about what the LLC can do in a way that the other documents are not. As a result, changing the label seems to have other implications that it is worth the community considering. If IAOC == LLC then we would not have gone to the trouble to create the LLC.
> 
> Also, in case it was not clear, none of this relates to performance of current contractors in current roles, but rather establishing the LLC's ability to operate successfully in the future.
> 
> 
> = Section 2 =
> 
> The use of the term "SOW" could be read to imply contractor status. Suggestion:
> 
> OLD
>    These responsibilities are defined below, although the specific work
>    items under them are a matter for the actual employment contract and
>    its Statement of Work (SOW).
> 
> NEW
>    These responsibilities are defined below.
> 
> = Section 2.1.1 =
> 
> "The RSE is responsible for the performance of the RFC Production Center and Publisher."
> 
> It is not clear what this is meant to imply from a management perspective. Also relevant here is Figure 2 and this text from 2.2: "All these activities will be done under the general direction, but not day-to-day management, of the RSE." Under RFC 6635, does this mean that if the performance of the RPC does not meet the standards in the RPC contract, that the RSOC/IAB are to hold the RSE accountable for that? Section 2.1.1 also says the RSE performs annual reviews for the RPC and the Publisher function. But this performance responsibility/accountability relationship is not specified in the RPC contract as far as I can tell. That is, accountability to the RSE for performance of the contract does not appear. Accountability to ISOC (now assigned to the LLC) does appear.
> 
> If both employees and contractors are allowed for these functions, it seems like there are multiple different management structures that could all be workable here (e.g., RPC employees reporting to an RSE employee who is their manager, or all of them as employees reporting to another manager within the LLC, or two contractors whose contracts are both managed by the same LLC employee). So if there is flexibility allowed in the employment types, it would probably make more sense for this section to just specify who is expected to be accountable to whom for their performance, and leave out the bits about SOWs and vendor selection. But it's hard to suggest a specific edit since the intent of RFC 6635 is not clear, or not clearly reflected in the contracts.
> 
> = Section 2.2 =
> 
> Same comment as Section 2, regarding "paid contractor.”
> 
> OLD
>    The RFC Production Center function is performed by a paid contractor,
>    and the contractor's responsibilities include the following:
> 
> NEW
>    The RFC Production Center's responsibilities include the following:
> 
> The last sentence of the section would also need to be deleted or edited based on edits to 4.1.
> 
> = Section 2.3 =
> 
> The last sentence of the section would need to be deleted or edited based on edits to 4.1.
> 
> = Section 4.1 =
> 
> If employees and contractors are both allowed, it seems like mandating the specific process detailed here would not work, since depending on the circumstances this might be a vendor selection process or an employee hiring process or a mix of both. It seems like specifying who must be involved in whatever process is used is important, since that allows the community to know that the people who are the appointed experts (on RSOC or selected by RSOC) will be involved. But eliding the rest of the details and the language about vendors and SOWs and RFPs would be needed to provide the flexibility.
> 
> What to suggest here specifically is dependent on the intent of 2.1.1, per my comments above.
> 
> spt
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