Defense Acquisition:

More Data Needed on Individuals Convicted of Procurement-Related Crimes

NSIAD-92-35: Published: Feb 20, 1992. Publicly Released: Mar 6, 1992.

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Pursuant to a congressional request, GAO reviewed information sources that could be used to implement the Dorgan Amendment, which prohibits defense-related employment of individuals convicted of defense procurement-related crimes, focusing on: (1) whether the Department of Justice (DOJ) and the Department of Defense (DOD) coordinated and collaborated in investigating and prosecuting individuals convicted of defense procurement-related felonies; (2) a comparison between the DOD and General Services Administration (GSA) lists of debarred individuals; and (3) a comparison between the GSA debarment list and a list of individuals convicted of defense procurement-related felonies.

GAO found that: (1) DOJ and DOD coordinated and collaborated in the investigation and prosecution of defense procurement-related felonies; (2) DOD investigators and DOJ provide DOD with the names of individuals convicted of defense procurement-related crimes; (3) DOD debars convicted individuals from defense contracting on a case-by-case basis, and provides GSA with the names of those convicted debarred individuals; (4) GSA places the names of individuals debarred from defense procurement-related employment on a public record of persons excluded from all federal procurement, but since the GSA list is not intended to be the data source on individuals prohibited from defense procurement-related employment, the list lacks the names of those individuals convicted of a defense procurement-related felony but not debarred by DOD; and (5) neither DOJ nor DOD published an official list of convicted felons that included the names of individuals convicted of a defense procurement-related felony but not debarred by DOD.

Recommendations for Executive Action

  1. Status: Closed - Not Implemented

    Comments: DOD will not implement this recommendation either because, it argues, it is a contractor's responsibility not to hire felons to work on defense contracts. DOD believes that the contractors' normal prehire review practices will prevent the hiring of felons to work on defense contracts.

    Recommendation: The Attorney General or the Secretary of Defense should generate and publish a monthly list of all individuals convicted of defense procurement-related felonies and make this list available to federal agencies and contractors involved in federal procurement programs and activities.

    Agency Affected: Department of Defense

  2. Status: Closed - Not Implemented

    Comments: DOJ does not intend to implement the recommendation because, it argues, there is no evidence that the recommended recordkeeping program would actually improve compliance with the Dorgan Amendment by defense contractors.

    Recommendation: The Attorney General or the Secretary of Defense should generate and publish a monthly list of all individuals convicted of defense procurement-related felonies and make this list available to federal agencies and contractors involved in federal procurement programs and activities.

    Agency Affected: Department of Justice

 

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