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America Competes Act: NIST Applied Some Safeguards in Obtaining Expert Services, but Additional Direction from Congress Is Needed

GAO-09-789 Published: Aug 07, 2009. Publicly Released: Aug 07, 2009.
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Highlights

The America COMPETES Act gave the National Institute of Standards and Technology (NIST), within the Department of Commerce, the authority, through 2010, to obtain the temporary services of up to 200 experts or consultants per year, but did not specify how the agency should acquire these services. NIST has used this authority to award personal services contracts to obtain the services of individuals. The act requires GAO to report on whether additional safeguards would be needed if NIST's authority were to be made permanent. To meet that requirement, GAO determined (1) the extent to which NIST has used its authority; (2) how effective the authority has been in helping NIST meet its need for experts; and (3) the extent to which NIST has provided appropriate safeguards over its use, and what additional safeguards are needed. GAO reviewed statutes, regulations, federal guidance, and NIST's contracts. In addition, GAO interviewed officials at NIST, Commerce, and the Office of Personnel Management (OPM).

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Because the law is unsettled about which procedures NIST should use to obtain the services of experts under the COMPETES Act authority, if the Congress chooses to extend or make the authority permanent, it may wish to consider specifying which procedures NIST should employ.
Closed – Implemented
Congress has not yet introduced legislation to reauthorize the authority NIST obtained under the COMPETES Act to obtain the services of experts. Because the authority is set to expire in September 2010, legislation may be forthcoming in the spring or summer.

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Contract authorityContract extensionsContractorsEmployeesFederal regulationsFirm fixed price contractsGovernment job appointmentsPayProcurementResearch and development contractsSafeguardsScientistsService contractsStandardsTechnological innovationsTemporary employmentPolicies and proceduresAgency evaluation