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    Subject Term: "Construction contracts"

    8 publications with a total of 24 open recommendations including 3 priority recommendations
    Director: Michele Mackin
    Phone: (202) 512-4841

    4 open recommendations
    Recommendation: The Secretary of Defense should direct the Secretary of the Navy to revise the Navy's ship delivery policy to clarify what types of deficiencies need to be corrected and what mission capability (including the levels of quality and capability) must be achieved at (1) delivery and (2) when the ship is provided to the fleet (at the obligation work limiting date (OWLD)). In doing so, the Navy should clearly define what constitutes a complete ship and when that should be achieved.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Defense should direct the Secretary of the Navy to reconcile policy with practice to support INSURV's role in making a recommendation for fleet introduction. Accomplishing this may require a study of the current timing of ship trials, and the costs and benefits associated with adding an INSURV assessment prior to providing ships to the fleet.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Defense should direct the Secretary of the Navy to reflect additional ship milestones in Selected Acquisition Reports to Congress, including OWLD and readiness to deploy.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Defense should direct the Secretary of the Navy to, in Selected Acquisition Reports to Congress, ensure that the criteria used to declare IOC aligns with DOD guidance, and reflect the definition of this milestone in the reports.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Michael J. Courts
    Phone: (202) 512-8980

    4 open recommendations
    Recommendation: To better assess OBO's performance, the Secretary of State should determine whether the existing OBO program performance measure and annual target of moving 1,500 people into safe, secure, and functional facilities is still appropriate or needs to be revised.

    Agency: Department of State
    Status: Open

    Comments: OBO stated that it would perform a multi-year, comprehensive evaluation of this performance metric and determine whether the target remains appropriate. As of October 2017, OBO anticipated this evaluation to be completed in fiscal year 2019.
    Recommendation: To better assess OBO's performance, the Secretary of State should establish additional performance measures applicable to the new goals of the Excellence approach in support of the Capital Security Construction Program.

    Agency: Department of State
    Status: Open

    Comments: As of October 2017, OBO had stated it would develop Excellence-related performance metrics to assess the execution and delivery of its projects. Specifically, these would be tied to the Bureau's strategic plan, which is reviewed annually and updated every three years. The next strategic plan update was estimated to occur in early 2020.
    Recommendation: To better assess OBO's performance, the Secretary of State should finalize the mechanisms OBO will use to better track and evaluate the actual operations and maintenance performance of its buildings--whether Excellence or SED--and document through appropriate policies, procedures, or guidance.

    Agency: Department of State
    Status: Open

    Comments: As of October 2017, OBO was engaged in a life cycle cost analysis methodology project intended to take an in-depth look at OBO's processes, practices, and procedures, compare and contrast them with best industry practices, and make recommendations to the bureau. OBO anticipated finalizing this by early 2018.
    Recommendation: To better assess OBO's performance, the Secretary of State should finalize the mechanisms OBO will use to centrally manage project management data (to include project cost and schedule information), currently termed the Ideal Operational State, and document through appropriate policies, procedures, or guidance.

    Agency: Department of State
    Status: Open

    Comments: As of October 2017, OBO was working on the implementation of its Ideal Operational State initiative, which it envisioned as a multi-year effort subject to budget realities. OBO anticipates having an integrated program schedule by early 2018, although full implementation would take longer.
    Director: Dave Wise
    Phone: (202) 512-5731

    3 open recommendations
    including 1 priority recommendation
    Recommendation: To improve VA's management of medical-facility construction projects and its accountability and to allow for more informed decision making by Congress and VA, the Secretary of Veterans Affairs should establish a mechanism to monitor the extent that major facilities projects are following guidelines on change orders' time frames and design changes.

    Agency: Department of Veterans Affairs
    Status: Open
    Priority recommendation

    Comments: GAO reviewed VA's 60 day letter and identified that VA did not address the part of GAO?s recommendation that is intended to help VA ensure that information on the reasons for change orders is collected to better inform managers whether guidelines regarding changes are being followed on construction projects. Consequently, in May 2017, GAO requested that VA provide documentation indicating that its current system collects the necessary information on change order processing timeframes for managers to ensure compliance with processing time guidelines. GAO will continue to monitor and update the status of this recommendation.
    Recommendation: To improve VA's management of medical-facility construction projects and its accountability and to allow for more informed decision making by Congress and VA, the Secretary of Veterans Affairs should develop an activation cost estimate for the Denver project that is reliable and conforms with best practices as described in the GAO Cost Estimating and Assessment Guide.

    Agency: Department of Veterans Affairs
    Status: Open

    Comments: In its 60-day letter to Congress, VA said that it had analyzed its Activation Cost Budget Model (ACBM), which VA uses to estimate activation costs for new medical facilities, and its activation funding process, to improve cost forecasting and management of the activations process. VA said that it has modified ACBM to better support funding estimates and began using it in February 2017. GAO will continue to monitor and update the status of this recommendation.
    Recommendation: To improve VA's management of medical-facility construction projects and its accountability and to allow for more informed decision making by Congress and VA, the Secretary of Veterans Affairs should clarify Office of Construction and Facilities Management (CFM) policies to require that: (1) all projects have an integrated master schedule to ensure that the integrated master schedules include and link all construction and activation activities, and (2) the policies on integrated master schedule for projects managed by CFM and USACE are consistent.

    Agency: Department of Veterans Affairs
    Status: Open

    Comments: In its 60-day letter to Congress, VA said that it is clarifying its policy and standard operation procedure on developing and maintaining an integrated master schedule. VA will also develop a standard operation procedure specifically for projects that the U.S. Army Corps of Engineers (USACE) is managing for VA. GAO will continue to monitor and update the status of this recommendation.
    Director: Brian J. Lepore
    Phone: (202) 512-4523

    3 open recommendations
    Recommendation: In order to help ensure that DOD and the military departments are providing timely and consistent information on privately financed construction projects to Congress under DOD Instruction 7700.18, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness--in collaboration with any other relevant DOD stakeholders--to identify the categories of privately financed construction projects, including gifts of major construction, that should be reported through the process outlined in DOD Instruction 7700.18; revise DOD Instruction 7700.18 and any other related policies, as appropriate, to clarify which project types are to be included in and excluded from this reporting process; and require that the military departments update their relevant policies to incorporate the revised policy.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: In order to ensure that Congress receives all desired information on all gifts of major construction in a timely manner, the Secretary of Defense--in collaboration with any other relevant DOD stakeholders--should identify the lead organization(s) within DOD that will be responsible for developing DOD-wide policy for reporting gifts of major construction that are not reported through the process outlined in DOD Instruction 7700.18, as appropriate.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: In order to ensure that Congress receives all desired information on all gifts of major construction in a timely manner, the Secretary of Defense--in collaboration with any other relevant DOD stakeholders--should establish DOD-wide policy, as appropriate, on congressional notification of gifts of major construction to cover all such gifts that are not to be reported to Congress through the process outlined in DOD Instruction 7700.18, and require that the military departments update their gift acceptance policies--and any other relevant policies--to incorporate procedures to support DOD's notification requirements.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Michele Mackin
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: To improve the use of warranties and guarantees in Navy shipbuilding, the Secretary of the Defense should direct the Secretary of the Navy, in arrangements where the shipbuilder is paid to correct defects, to structure contract terms such that shipbuilders do not earn profit for correcting construction deficiencies following delivery that are determined to be their responsibility.

    Agency: Department of Defense
    Status: Open

    Comments: In providing comments on this report, the Department of Defense partially concurred with this recommendation, and has completed a study reviewing our findings. The study, conducted by the CNA Analysis and Solutions, found that our recommendations were well founded and appropriate. In response to our report and the study, the Navy states it will provide written guidance by the end of 2017 to prevent shipbuilders from earning profit for correcting shipbuilder-responsible defects.
    Recommendation: To improve the use of warranties and guarantees in Navy shipbuilding, the Secretary of the Defense should direct the Secretary of the Navy to establish and document a clear objective for using a guaranty, and then create guidance for contracting officers that illustrates how to implement a guaranty that meets this objective. This guidance should describe how contracting officers should use aspects of the guaranty, including determining an appropriate limitation of liability, to achieve the objective and include considerations as to when a guaranty should be a separate contract line item.

    Agency: Department of Defense
    Status: Open

    Comments: In providing comments on this report, the Department of Defense partially concurred with this recommendation, and agreed to conduct a study to determine what policy and guidance changes are necessary to provide guidance on the many factors that should be considered to effectively implement warranty and guaranty provisions. As of April 2017, this study is complete and the Navy states that it now concurs with our recommendation. In doing so, the Navy is drafting an instruction, including a decision template, laying out the considerations underlying the decision to use warranties, guarantees or other mechanisms. This instruction will help contracting officers choose an appropriate tool and document the decision in a business clearance memorandum. The Navy plans to implement the instruction by the end of 2017.
    Recommendation: To improve the use of warranties and guarantees in Navy shipbuilding, the Secretary of the Defense should direct the Secretary of the Navy, for future ship construction contracts, to determine whether or not a warranty as provided in the FAR, provides value and document the costs, benefits, and other factors used to make this decision. To inform this determination, the Navy should begin differentiating the government's and shipbuilder's responsibility for defects and track the costs to correct all defects after ship delivery.

    Agency: Department of Defense
    Status: Open

    Comments: In providing comments on this report, the Department of Defense partially concurred with this recommendation, and has completed a study reviewing our findings. The study, conducted by the CNA Analysis and Solutions, found that our recommendations were well founded and appropriate. In response to our report and the study, the Navy states it will include separate contract line items for FAR-type warranties in at least two solicitations for ship construction. In addition, the Navy states that it plans to revise data requirements to better gather and track contractor responsible defects, and then develop analytical methods to help make better determinations in the future as to the optimal guaranty duration and limit of liability. They expect to complete these activities by December 2017.
    Director: Michele Mackin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: The legislated cost cap for Ford-class aircraft carrier construction provides a limit on procurement funds. However, the legislation also provides for adjustments to the cost cap. To understand the true cost of each Ford-class ship, Congress should consider revising the cost cap legislation to ensure that all work included in the initial ship cost estimate that is deferred to post-delivery and outfitting account is counted against the cost cap. If warranted, the Navy would be required to seek statutory authority to increase the cap.

    Agency: Congress
    Status: Open

    Comments: This recommendation remains open to allow Congress time to consider legislation amending the cost cap for the Ford class of aircraft carriers. The current version of the fiscal year 2018 National Defense Authorization Act (H.R. 2810) does not amend the current cost cap legislation.
    Director: Rectanus, Lori
    Phone: (202) 512-2834

    4 open recommendations
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to collect data, on an ongoing basis, about which local public agencies are administering federal-aid projects.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us it had no plans to collect data about which local public agencies are administering federal-aid projects.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to collect information, on an ongoing basis, from state DOTs on local public agencies' capabilities.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us that it did not plan collect information on the capabilities of local public agencies on an ongoing basis. In 2017 FHWA released the results of a compliance assessment review which assessed the capabilities of selected local public agencies. We are reviewing FHWA's efforts and the extent to which they address our recommendation.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to identify and disseminate minimum and uniform qualification criteria for state DOTs to determine whether local public agencies are capable and equipped to administer federal-aid projects.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us it had no plans to identify and disseminate minimum and uniform qualification criteria for state DOTs to determine whether local public agencies are capable and equipped to administer federal-aid projects.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to explore opportunities to make administration of federal-aid projects by local public agencies more efficient by examining: (a) the circumstances in which issuing guidance on administrative flexibilities targeted at local agencies would be appropriate, and (b) a potential dollar threshold under which the use of federal funds may no longer be cost-effective.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us that it did not plan to explore a dollar threshold under which the use of federal funds may no longer be cost-effective. However, FHWA told us it has provided guidance in this regard, and has continued disseminating guidance on administrative flexibilities beneficial to locally administered projects. We are reviewing FHWA's actions and the extent to which its these efforts address our recommendation.
    Director: Mackin, Michele
    Phone: (202) 512-4841

    2 open recommendations
    including 2 priority recommendations
    Recommendation: To ensure Ford-class carrier acquisitions are supported by sound requirements and a comprehensive testing strategy, and to promote the introduction of reliable, warfighting capable ships into the fleet, the Secretary of Defense should direct the Secretary of the Navy to take the following action prior to accepting delivery of Gerald R. Ford CVN 78. The Secretary of Defense should direct the Secretary of the Navy to conduct a cost-benefit analysis on (1) currently required capabilities, including increased sortie generation rates and reduced manning and (2) the time and money needed to field systems to provide these capabilities, in light of known and projected reliability shortfalls for critical systems. This analysis should be informed by demonstrated system performance from land-based testing, including updated reliability growth projections, and should identify trade space among competing cost, schedule, and performance parameters. The analysis should also consider whether the Navy should seek requirements relief from the Joint Requirements Oversight Council, to the extent necessary, to maximize its return on investment to the warfighter. The Navy should report the results of this analysis to Congress within 30 days of CVN 78 commissioning.

    Agency: Department of Defense
    Status: Open
    Priority recommendation

    Comments: We recommended that DOD conduct a cost-benefit analysis on currently required capabilities, and report the results to Congress within 30 days of CVN 78 commissioning. DOD agreed with our recommendation for a cost-benefit analysis, but disagreed with the timing of it, stating that it plans to measure CVN 78 capabilities through completion of operational testing after ship delivery. Since the release of our report, the Navy completed cost-benefit analyses to determine the acquisition strategy for CVN 79, making two major changes to the ship (replacing the Dual Band Radar (DBR) with a different radar solution and introducing a phased construction and delivery approach.) While these are major program changes, the department did not evaluate the fundamental reason for conducting a cost-benefit analysis, namely that known and projected reliability shortfalls make it unlikely that the program will achieve its sortie generation requirements. In December 2016, an Independent Review Team commissioned by the Under Secretary of Defense, Acquisition, Technology and Logistics completed a comprehensive assessment of the CVN 78's systems, but did not recommend any capability trade-offs or requirements relief.
    Recommendation: To ensure Ford-class carrier acquisitions are supported by sound requirements and a comprehensive testing strategy, and to promote the introduction of reliable, warfighting capable ships into the fleet, the Secretary of Defense should direct the Secretary of the Navy to take the following action prior to accepting delivery of CVN 78. The Secretary of Defense should direct the Secretary of the Navy to adjust the planned post-delivery test schedule to ensure that system integration testing is completed prior to entering initial operational test and evaluation.

    Agency: Department of Defense
    Status: Open
    Priority recommendation

    Comments: Until the Navy updates the test plan in February 2018, we will not know if it will fully address our recommendation. However, recent test schedules suggest an overlap remains between integration testing and the start of initial operational test and evaluation.