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Superfund Contracts: EPA's Procedures for Preventing Conflicts of Interest Need Strengthening

RCED-89-57 Published: Feb 17, 1989. Publicly Released: Mar 20, 1989.
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Highlights

In response to a congressional request, GAO reviewed the adequacy of the Environmental Protection Agency's (EPA) system for preventing conflicts of interest among its Superfund contractors.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Environmental Protection Agency The Administrator, EPA, should strengthen the EPA conflict-of-interest system under Superfund by directing the Procurement and Contract Management Division (PCMD) to include steps to check compliance with EPA requirements for avoiding, mitigating, and neutralizing conflicts of interest as part of its reviews of contractors' performance.
Closed – Implemented
Effective January 12, 1990, EPA issued several documents relating to requirements for contractors to disclose potential/actual conflicts prior to contract award, throughout the life of the contract and, in some cases, a number of years after the contract expires. EPA is still in the process of initiating periodic reviews to verify contractor compliance with its conflict-of-interest plan.
Environmental Protection Agency The Administrator, EPA, should strengthen the EPA conflict-of-interest system under Superfund, by directing PCMD to direct contracting officers to follow requirements for documenting actions taken to resolve conflicts and actions taken on contractors' requests to work for private parties.
Closed – Implemented
Beginning January 12, 1990, EPA required all contracting officers to use a standardized checklist to evaluate contractor's private party work requests and to document in the contract files all decisions relating to conflict-of-interest issues associated with each request.
Environmental Protection Agency The Administrator, EPA, should strengthen the EPA conflict-of-interest system under Superfund, by directing PCMD to provide contractors and contracting officers with additional written guidance for avoiding conflicts.
Closed – Implemented
EPA periodically provides additional written guidance to contractors and contracting officers to use for avoiding conflicts. The first set of such guidance was issued on January 12, 1990.

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Topics

Conflict of interestsContract oversightContract performanceContractorsEthical conductIrregular procurementProcurement regulationsRecordsWaste disposalContracting officers