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Results-Based Accountability™
(RBA) and Outcomes-Based Accountability™
(OBA) |
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Release Date: August 17, 2010 Results-Based
Accountability
TM
(RBA) Summary: This document sets out licensing and fee requirements
for the use of RBA/OBA intellectual property. RBA/OBA intellectual property
includes material authored by Mark Friedman, including the book "Trying
Hard Is Not Good Enough," the websites www.resultsaccountability.com and
www.raguide.org, and numerous papers on the topics of management, budgeting,
planning and accountability dating back to 1993.
Except as noted below, RBA/OBA intellectual property is
free for use (with attribution) by government and nonprofit or voluntary sector
organizations. There is a similar exemption for small for-profit consulting
groups as outlined below. Larger for-profit organizations are required to pay an
annual fee for use of RBA/OBA intellectual property based on the size of the
organization. These requirements take effect for calendar year 2010. A. Basic Principles: 1. Public Good
Part 1: The single most important purpose of RBA/OBA is to improve the lives
of children, adults, families and communities. For this reason, RBA/OBA has been
and always will be free for use by government and nonprofit/voluntary sector
organizations. 2. Public Good
Part 2: Small consulting organizations often provide services to
community-based organizations that would not be affordable at the rates charged
by larger organizations. Such small
organizations are important to the growth and development of RBA/OBA around
the world. Such organizations will typically have less ability to pay licensing
fees. And the transaction costs involved in collecting the fees would be
disproportional to the amount of the fees. For [PL1] this
reason, small for-profit organizations should also have free access to the use
of RBA/OBA.
3. Fairness Part
1: Large for-profit organizations that use RBA/OBA to generate revenue
should pay a fair share of their profits for the use of RBA/OBA intellectual
property. 4. Fairness Part
2: Nonprofit organizations that charge a fee for consulting services are
essentially indistinguishable from for-profit organizations and should be
treated as such.
5. Quality Part 1:
Licensing fee agreements should promote the quality of RBA/OBA practice and
should not restrict competition. 6. Quality Part 2:
In order to assure quality of RBA/OBA work, FPSI must retain the right to refuse
to permit any organization to use RBA/OBA intellectual property. 6. Clarity and
Simplicity: To the extent possible, any licensing arrangement should be easy
to understand. The easiest things to count in any organization are number of
people and gross revenues. There is a tradeoff between simplicity and precision.
It is better to err on the side of simplicity. B. Size of Covered Organizations: 1. Small organizations: The general purpose of
the exemption for small organizations is to protect small consulting groups from
any fee obligation. For purposes of
clarity and simplicity this is converted into a gross revenue amount of
US$500,000 per year. (Note: all dollar references are US dollars or their
converted equivalent.)
2. Large organizations: Larger organizations are
those with gross revenues above $500,000 per year. Larger for-profit
organizations should pay fees in relationship to their ability to pay. This is
based on a stepped graduation in size above $500,000. The size of the
organization is based on the size of the largest parent organization within
which the actual consulting practice is located. C. Mandatory fee calculations Part 1: The annual fee obligation for a large for-profit
consulting organization will be determined by two factors: gross revenue and the
number of employees who spend the equivalent of two full days (16 hours) or more
using RBA/OBA intellectual property in their work during the year. Licensing
fees will be paid on a “look back” basis, that is on revenue and employee
counts from the year ending December 31st or the end of the fiscal
year of the organization. Licensing fees will be payable 45 days after the end
of the calendar or fiscal year. First
payments will be due February 15, 2011 or 6 weeks following the end of the
fiscal year. D. Mandatory fee calculations Part 2: 1. Any organization with gross revenues in excess of US$
500,000 but less than $1,000,000 will be required to pay US$1,000 per year for
each employee meeting the test in C. above. 2. Any organization with gross revenues of at least US$
1,000,000 but less than US$ 5,000,000 will be required to pay US$2,000 per year
for each employee meeting the test in C. above. 3. Any organization with gross revenues above US$
5,000,000 will be required to pay US$4,000 per year for each employee meeting
the test in C. above. E. Benefits of Licensing: Organizations entering into a licensing agreement will
receive: 1. Permission to use the phrase “Licensed to use
RBA/OBA” in their promotional material. 2. A listing on the FPSI and RLG websites of licensed
organizations or individuals along with contact information. Such listing is not
an endorsement of the organization or its work. 3. 10% discount on book and DVD orders from RLG. F. Voluntary Registration and Voluntary Fees: Smaller organizations may pay a voluntary licensing fee
of US$250 per year, for which they receive the benefits described in section E.
above. G. Method of agreement and payment: 1. RLG will act as the licensing agent on behalf of
FPSI. 2. To the extent possible both the agreement and the
payment will be automated on line at the RLG website. Except as provided in
section I below, licensing agreements will automatically renew. However annual
payment amounts may vary as organizational gross revenue or employee counts
change. 3. The licensing agreement will contain language
committing the organization to a. Full attribution of all
RBA/OBA ideas to Mark Friedman and the book "Trying Hard Is Not Good
Enough."Preferred attribution language: "From
Results-Based
Accountability TM as presented in the book Trying Hard Is Not Good Enough by Mark Friedman."
b. Maintain the intellectual
integrity and coherence of RBA/OBA. This means that RBA/OBA ideas may not be
combined with ideas from other frameworks and used under the name RBA/OBA or a
separate name. H. Open Enrollment Workshop Exception: Any
organization that delivers an RBA/OBA open enrollment workshop that requires
payment for registration or tuition must pay an additional licensing fee of $1000 per
workshop.
I. Denial or Termination of Permission to use RBA/OBA 1. FPSI may at its sole discretion refuse to enter into
a licensing agreement or renew a licensing agreement with any organization. 2. FPSI may terminate a licensing agreement during the
period of the agreement for cause. 3. FPSI may at its sole discretion withdraw permission
to use RBA/OBA intellectual property from any organization, including government
and nonprofit organizations. 4. FPSI reserves the right to refuse voluntary
registration or to prohibit the use of RBA/OBA intellectual property by any
small for-profit organization. J. Exceptions: An organization may request exceptions
from these rules based on demonstrated hardship. FPSI will consider exceptions
to these rules on a case by case basis. K. Amendments: These rules are subject to amendment.
Notices of amendments will be posted on the FPSI and RLG websites. L. Comments or Questions about these requirements may be
addressed to: Mark Friedman or Adam Luecking Revision history (excluding non-material changes) 12/30/11: Addition of the following language to section G3a: Preferred attribution language: "From Results-Based Accountability TM as presented in the book Trying Hard Is Not Good Enough by Mark Friedman." |
