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    Subject Term: "Contractor violations"

    3 publications with a total of 8 open recommendations including 2 priority recommendations
    Director: Vijay D'Souza
    Phone: (202) 512-7114

    2 open recommendations
    including 2 priority recommendations
    Recommendation: To better assess and address the full extent of improper payments in the TRICARE program, the Secretary of Defense should direct the Assistant Secretary of Defense (Health Affairs) to implement a more comprehensive TRICARE improper payment measurement methodology that includes medical record reviews, as done in other parts of its existing postpayment claims review programs.

    Agency: Department of Defense
    Status: Open
    Priority recommendation

    Comments: The Department of Defense's Defense Health Agency (DHA) has taken some action to incorporate medical record reviews in its improper payment estimate, as GAO recommended in February 2015. In October 2016, DHA released a request for proposals for claim record reviews, including medical record reviews, that the agency plans to use to support the agency's requirement to identify and report on the potential of improper payments to the Office of Management and Budget. This is a good first step. Once DHA incorporates medical record reviews in its improper payment rate calculation methodology, GAO will be able to close this recommendation.
    Recommendation: To better assess and address the full extent of improper payments in the TRICARE program, and once a more comprehensive improper payment methodology is implemented, the Secretary of Defense should direct the Assistant Secretary of Defense (Health Affairs) to develop more robust corrective action plans that address underlying causes of improper payments, as determined by the medical record reviews.

    Agency: Department of Defense
    Status: Open
    Priority recommendation

    Comments: Until the department implements a more comprehensive TRICARE improper payment measurement methodology and identifies the underlying causes of improper payments, the full extent of improper payments in the TRICARE program will likely not be identified and addressed. As of October 2016, the Department of Defense's Defense Health Agency has not yet implemented a more comprehensive TRICARE improper payment measurement methodology, and has, therefore, not developed more robust corrective action plans.
    Director: Thomas Melito
    Phone: (202) 512-9601

    3 open recommendations
    Recommendation: To help ensure agencies can more fully implement their monitoring policy and guidance related to recruitment of foreign workers, the Secretaries of Defense and State and the Administrator of the U.S. Agency for International Development should each develop, as part of their agency policy and guidance, a more precise definition of recruitment fees, including permissible components and amounts.

    Agency: Department of Defense
    Status: Open

    Comments: In comments on a draft of the report, the Department of Defense (DOD) concurred with this recommendation and indicated that it would define recruitment fees as part of the next review of DOD policy on combating trafficking in persons. In January 2015, DOD and other agencies issued a final rule in the Federal Acquisition Regulation (FAR) that prohibits charging employees any recruitment fees; however, this rule did not provide a precise definition of such fees. In May 2016, DOD and others proposed a new FAR rule defining "recruitment fees." The public comment period for this proposed rule ended in July 2016, and, as of August 2017, the proposed rule was in process. In addition, DOD has updated its policy and guidance on combating trafficking in persons, most recently in June 2015. GAO is monitoring these efforts and will provide an update once the proposed FAR rule is finalized.
    Recommendation: To help ensure agencies can more fully implement their monitoring policy and guidance related to recruitment of foreign workers, the Secretaries of Defense and State and the Administrator of the U.S. Agency for International Development should each develop, as part of their agency policy and guidance, a more precise definition of recruitment fees, including permissible components and amounts.

    Agency: United States Agency for International Development
    Status: Open

    Comments: In commenting on a draft of this report, the U.S. Agency for International Development (USAID) noted that a proposed amendment to the Federal Acquisition Regulation (FAR) on combating Trafficking in Persons (TIP) contained language that would prohibit charging contractor employees any recruitment fees. In January 2015, the final FAR rule was issued, prohibiting employers from charging employees any recruitment fees on government contracts; however, this rule did not provide a precise definition of such fees. In May 2016, a new FAR rule defining "recruitment fees," which would apply to USAID, among others, was proposed. The public comment period for this proposed rule ended in July 2016, and, as of August 2017, the proposed rule in process, GAO is monitoring the status of these actions and will provide an update on USAID's activities to define components of recruitment fees once the proposed FAR rule is finalized.
    Recommendation: To help improve agencies' abilities to detect potential TIP abuses and implement the U.S. government's zero tolerance policy, the Secretaries of Defense and State and the Administrator of the U.S. Agency for International Development should each take actions to better ensure that contracting officials specifically include TIP in monitoring plans and processes, especially in areas where the risk of trafficking is high. Such actions could include developing a process for auditing efforts to combat TIP or ensuring that officials responsible for contract monitoring are aware of all relevant acquisition policy and guidance on combating TIP.

    Agency: Department of Defense
    Status: Open

    Comments: In comments on a draft of the report, the Department of Defense (DOD) concurred with this recommendation and indicated that it would update the Defense Federal Acquisition Regulation Supplement (DFARS) accordingly once the final Federal Acquisition Regulation on Ending Trafficking in Persons had been published. In January 2015, DOD updated the DFARS to include a sample checklist for auditing compliance with Combating Trafficking in Persons (CTIP) policy. This checklist reiterates the U.S. government's zero tolerance policy regarding trafficking in persons and includes, among other items, questions regarding contractors' treatment of employee passports and other identification documents. In addition, in September 2017, DOD reported that it had developed and mandated acquisition training for DOD military and civilian contracting employees. U.S. Central Command has also created a CTIP Program Manager position in Afghanistan, which ensures that CTIP training is provided to contracting officials in that country. GAO is monitoring these efforts and will provide an update on DOD's progress as more information becomes available.
    Director: Michele Mackin
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: The Administrator of OFPP should take appropriate steps to amend the FAR to include the following requirement: at the time of the contract award, contracting officers shall conduct and document an assessment of the 8(a) firm's ability to comply with the subcontracting limitations.

    Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
    Status: Open

    Comments: OFPP concurred with our recommendation. We asked for updates on actions taken however as of September 2017 no updates were provided. GAO will continue to monitor OFPP's actions to address this recommendation.
    Recommendation: The Administrator of OFPP should take appropriate steps to amend the FAR to include the following requirement: contracting officers shall include monitoring and oversight provisions in all 8(a) contracts to ensure that the contractors comply with the subcontracting limitations.

    Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
    Status: Open

    Comments: OFPP concurred with our recommendation. We asked for updates on actions taken however as of September 2017 no updates were provided. GAO will continue to monitor OFPP's actions to address this recommendation.
    Recommendation: The Administrator of OFPP should take appropriate steps to amend the FAR to include the following requirement: prime 8(a) contractors shall periodically report to the contracting officer on the percentage of subcontracted work being performed.

    Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
    Status: Open

    Comments: OFPP concurred with our recommendation. We asked for updates on actions taken however as of September 2017 no updates were provided. GAO will continue to monitor OFPP's actions to address this recommendation.