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    Subject Term: "Federal procurement policy"

    17 publications with a total of 56 open recommendations including 5 priority recommendations
    Director: Timothy J. DiNapoli
    Phone: (202) 512-4841

    2 open recommendations
    Recommendation: To help foster strategic decision making and improvements in the acquisition of services, the Under Secretary of Defense for Acquisition, Technology, and Logistics should, as part of its effort to update the January 2016 instruction, reassess the roles, responsibilities, authorities, and organizational placement of key leadership positions, including functional domain experts, senior services managers, and component level leads.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To help foster strategic decision making and improvements in the acquisition of services, the Under Secretary of Defense for Acquisition, Technology, and Logistics should, as part of its effort to update the January 2016 instruction, clarify the purpose and timing of the Services Requirements Review Board process to better align it with DOD's programming and budgeting processes.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: William B. Shear
    Phone: (202) 512-8678

    20 open recommendations
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Director of the Defense Logistics Agency should comply with sections 15(k)(2), (k)(7), (k)(11), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Defense Logistics Agency
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Agriculture should comply with sections 15(k)(2), (k)(15), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Agriculture
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Army should comply with section 15(k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Department of the Army
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Commerce should comply with sections 15(k)(2), (k)(8), (k)(11), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Commerce
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Defense should comply with sections 15(k)(5) and (k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed 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: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Education should comply with sections 15(k)(3) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Education
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Energy should comply with sections 15(k)(3), (k)(8), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Energy
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Housing and Urban Development should comply with sections 15(k) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Housing and Urban Development
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Interior should comply with sections 15(k)(11) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of the Interior
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Labor should comply with sections 15(k)(2) and (k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Navy should comply with section 15(k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Department of the Navy
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of State should comply with sections 15(k)(8) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of State
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Treasury should comply with sections 15(k)(8) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of the Treasury
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Veterans Affairs should comply with sections 15(k)(3), (k)(8), and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Veterans Affairs
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of Environmental Protection Agency should comply with section 15(k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Environmental Protection Agency
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of the National Aeronautics and Space Administration should comply with section 15(k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: National Aeronautics and Space Administration
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Director of the Office of Personnel Management should comply with sections 15(k)(2), (k)(8), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Office of Personnel Management
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Commissioner of the Social Security Administration should comply with sections 15(k)(2), (k)(3), (k)(6), (k)(8), (k)(11), and (k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Social Security Administration
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of the U.S. Agency for International Development should comply with sections 15(k)(15) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: United States Agency for International Development
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: As SBA continues to enhance the SBPAC peer review process, the SBA Administrator in her capacity as head of SBPAC should include more detailed guidelines than those used for the current process to facilitate a more in-depth review of agencies' compliance with section 15(k) requirements.

    Agency: Small Business Administration
    Status: Open

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

    2 open recommendations
    Recommendation: To ensure accurate reporting of personal services contracts, the Secretary of Defense should direct the Secretaries of the Air Force and the Army take steps to ensure the accurate recording of personal services contracts in the Federal Procurement Data System-Next Generation.

    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: To ensure accurate reporting of personal services contracts, the Administrator, United States Agency for International Development should implement periodic reviews of selected personal services contracts to ensure the effectiveness of steps taken to assist contracting officers to cite the correct statutory authority for personal services contracts.

    Agency: United States Agency for International Development
    Status: Open

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

    2 open recommendations
    Recommendation: To help ensure that ACPV armoring and quality standards are met, that evolving department and component policies are consistent, and that they are consistently applied, the Secretary of Defense should, until the department approves and implements the updated armoring and inspection standards, direct the Secretary of the Army to conduct in-progress inspections at the armoring vendor's facility for each procurement.

    Agency: Department of Defense
    Status: Open

    Comments: In providing comments on this report, the agency concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Recommendation: To help ensure that ACPV armoring and quality standards are met, that evolving department and component policies are consistent, and that they are consistently applied, the Secretary of Defense should direct the Secretary of the Army to designate a central point of contact for collecting and reporting ACPV information to facilitate Defense Intelligence Agency's oversight of armoring and inspection standards in these contracts.

    Agency: Department of Defense
    Status: Open

    Comments: In providing comments on this report, the agency concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Director: Timothy J. DiNapoli
    Phone: (202) 512-4841

    5 open recommendations
    including 4 priority recommendations
    Recommendation: To better promote federal agency accountability for implementing the FSSI and category management initiatives, the Administrator of Federal Procurement Policy should ensure that transition plans are submitted and monitored as required by FSSI guidance and guidance governing specific category management initiatives.

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

    Comments: In October 2016, Office of Management and Budget (OMB) staff agreed that agency transitions plans should be submitted and monitored in accordance with guidance, as GAO recommended in October 2016. OMB staff indicated that all FSSIs are now being evaluated against best in class criteria as part of the migration to a category management approach to federal procurement. Further, OMB staff stated that OMB will issue additional policy or guidance as necessary. GAO believes these actions, if implemented, would meet the intent of the recommendation. As of August 1, 2017, OMB staff indicated they are continuing efforts to implement this recommendation. Given that transition plans were also required under FSSI guidance but were not submitted or monitored, it will be important for OMB to ensure that agencies follow through on submitting required plans going forward.
    Recommendation: To better promote federal agency accountability for implementing the FSSI and category management initiatives, the Administrator of Federal Procurement Policy should update the Leadership Council charter to establish an expectation that Leadership Council agencies develop agency-specific targets for use of the solutions approved.

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

    Comments: In October 2016, OMB staff agreed with the need for agency-specific targets for use of FSSI and category management initiatives as GAO recommended. OMB staff recommended, however, that this be accomplished through the Category Management governance and reporting procedures and processes that will be instituted in upcoming guidance, rather than an update to the Leadership Council charter. In October 2016, OMB issued a draft circular on category management establishing that spend under management will be the principal measure OMB will use to assess agency adoption of category management. OMB staff indicated that they plan to evaluate at least annually agencies' spend under management results, which includes agency adoption of best in class solutions, and then review with agency leaders progress toward meeting goals. As of August 1, 2017, OMB staff indicated they are continuing efforts to implement this recommendation. Given the low agency usage of the FSSIs, without such actions, and ensuring these targets and measures are set, OMB, and specifically the Office of Federal Procurement Policy, will lack the means to monitor progress and hold large procurement agencies accountable for using existing FSSIs or best in class solutions identified under subsequent category management efforts.
    Recommendation: To better promote federal agency accountability for implementing the FSSI and category management initiatives, the Administrator of Federal Procurement Policy should revise the 2015 category management guidance to establish a process for setting targets and performance measures for each Leadership Council agency's adoption of proposed FSSIs and category management solutions and ensure agency specific targets and measures are set.

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

    Comments: In October 2016, Office of Management and Budget (OMB) staff agreed that Leadership Council agency progress towards implementing category management should be tracked and measured as we recommended. OMB staff reported that guidance is in draft form in which agency progress will be measured using the Spend Under Management (SUM) model which provides an assessment of category management maturity for each of the ten government-wide categories as evaluated against five attributes: leadership, strategy, data, tools, and metrics. OMB will assess agency progress no less than annually and will engage agency leaders in regularly reviewing progress toward their goals. In addition, OMB will track agency spend through best in class contracts and these data will likely be used as an internal category metric and shared with the agencies. Taken together, these actions are responsive to GAO?s recommendations. As of August 1, 2017, OMB staff indicated they are continuing efforts to implement this recommendation. Given the low use of the FSSIs, OMB should continue to carefully monitor category management implementations as it moves forward and ensure that OFPP uses the planned targets and measures to hold agencies accountable for individual results. In short, greater accountability can lead to increased savings.
    Recommendation: To better promote federal agency accountability for implementing the FSSI and category management initiatives, the Administrator of Federal Procurement Policy should report on agency specific targets and metrics as part of the category management Cross-Agency Priority goal.

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

    Comments: In October 2016, Office of Management and Budget (OMB) staff agreed that agency specific targets and metrics should be reported as GAO recommended in October 2016. OMB staff indicated that results achieved relative to the Category Management Cross Agency Priority (CAP) goal targets will continue to be reported on a quarterly basis on Peformance.gov but that they will likely not include agency specific targets and metrics. Rather, OMB staff indicated that agency spending through best in class solutions will be tracked and used as an internal category metric and that OMB will engage agency leaders in regularly reviewing progress toward their goals and assess agencies no less than annually. GAO believes these actions, if implemented, would meet the intent of the recommendation. As of August 1, 2017, OMB staff indicated they are continuing efforts to implement this recommendation. Given the low agency usage of the FSSIs, OMB needs to monitor progress and hold large procurement agencies accountable for using existing FSSIs or best in class solutions identified under subsequent category management efforts.
    Recommendation: To improve the management of current FSSIs, the GSA FSSI program management office should provide oversight and support to the Information Retrieval FSSI to better align their practices with current strategic sourcing guidance related to collecting and using transactional data to calculate savings.

    Agency: General Services Administration
    Status: Open

    Comments: In response to our recommendation, GSA conducted a gap analysis of the Information Retrieval FSSI and its compliance with FSSI standards and provided the Library of Congress with FSSI best practice tools and resources related to collecting transactional data and calculating savings. According to GSA, the Library of Congress intends to address gaps to support the goal of implementation in the next Information Retrieval award in 2018. GSA will monitor progress, and provide feedback and assistance.
    Director: Timothy J. DiNapoli
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: To ensure proposed contract activities, as reflected in the statement of work and other contract documents, are assessed against the criteria provided by the Federal Acquisition Regulation (FAR) and Office of Federal Procurement Policy (OFPP) policy, the Under Secretary for Defense for Acquisition, Technology, and Logistics should ensure that the Director of the Office of Defense Procurement and Acquisition Policy provide clear instructions, in a timely manner, on how the service requirement review boards are to identify whether contract activities include closely associated with inherently governmental functions.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: DOD Instruction 5000.74, issued in January 2016, discusses processes for the services requirements review boards, but does not mention closely associated with inherently governmental functions in that context. As new policy or guidance is issued, we will continue to evaluate its responsiveness to this recommendation.
    Recommendation: To ensure proposed contract activities, as reflected in the statement of work and other contract documents, are assessed against the criteria provided by the FAR and OFPP policy, the Under Secretary for Defense for Acquisition, Technology, and Logistics should ensure that the Director of the Office of Defense Procurement and Acquisition Policy require acquisition officials to document, prior to contract award, whether the proposed contract action includes activities that are closely associated with inherently governmental functions.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: According to DOD officials, a template is being developed for components to use in assessing a service contract to determine whether activities are closely associated with inherently governmental functions. However, this template has not yet been finalized or disseminated to the components.
    Recommendation: To help facilitate the collection and use of inventory data in decision-making processes, the Under Secretary of Defense for Personnel and Readiness should clearly identify the longer term relationships between the support office, military departments, and other stakeholders.

    Agency: Department of Defense: Office of the Under Secretary for Personnel and Readiness
    Status: Open

    Comments: As of June 2017, these longer term relationships have not been fully identified. Officials stated that a memorandum of understanding issued in January 2017 provided some clarity regarding these relationships, but that additional steps are needed.
    Director: Michele Mackin
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: To improve coordination and communication between FEMA OCPO and region mission support officials region mission support officials, the FEMA Administrator should establish a plan to ensure that the agreement is reviewed on an annual basis as intended.

    Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
    Status: Open

    Comments: In commenting on this report, DHS concurred with this recommendation. According to FEMA officials, the Office of Procurement Operations has since formed a team that will address this recommendation. We will provide updated information as it becomes available.
    Recommendation: To improve coordination and communication between FEMA Office of the Chief Procurement Officer (OCPO) and region mission support officials region mission support officials, the FEMA Administrator should direct OCPO and the regional administrators to revisit the 2011 service level agreement to: add details about the extent of operational control headquarters and regional supervisors should exercise to minimize potential competing interests experienced by regional contracting officers; further detail headquarters and regional supervisors' roles and responsibilities for managing regional contracting officers to improve coordination and communication; and ensure that the agreement reflects any new requirements, including recent changes in training that may require travel funds.

    Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
    Status: Open

    Comments: In commenting on this report, DHS concurred with this recommendation. According to FEMA officials, the Office of Procurement Operations has since formed a team that will address this recommendation. We will provide updated information as it becomes available.
    Recommendation: To address PKEMRA, the Secretary of Homeland Security should take action to address the requirements of Section 692 to implement subcontractor limitations or request that Congress amend the law to delete Section 692.

    Agency: Department of Homeland Security
    Status: Open

    Comments: In 2016, DHS took steps to ask Congress to repeal PKEMRA Section 692, which prohibits the use of subcontracts for more than 65 percent of the cost of cost-reimbursement type contracts that exceed the simplified acquisition threshold. DHS submitted a legislative change proposal to the Office of Management and Budget (OMB), who approves such proposals before they are submitted to Congress. OMB approved the proposed change for PKEMRA Section 692 in April 2016. We will provide additional updates as information becomes available.
    Director: David J. Wise
    Phone: (202) 512-2834

    2 open recommendations
    Recommendation: To ensure that transit agencies have appropriate and current guidance to assist them when procuring transit buses, the Administrator of FTA should update its Best Practices Procurement Manual and assess its other related guidance identified in this report and update that guidance as needed.

    Agency: Department of Transportation: Federal Transit Administration
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To provide a more efficient and cost-effective way for transit agencies to procure transit buses while complying with federal procurement requirements, the Administrator of FTA, in conjunction with the Administrator of the General Services Administration, should submit a legislative proposal to Congress that would authorize transit agencies that are recipients of FTA grants to access GSA sources of supply for the purchase of transit buses.

    Agency: Department of Transportation: Federal Transit Administration
    Status: Open

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

    3 open recommendations
    Recommendation: To ensure consistent implementation of the Buy Indian Act procurement authority across the agencies and to enhance oversight of implementation of the Act at regional offices, the Secretaries of the Interior and Health and Human Services should direct the Bureau of Indian Affairs and Indian Health Service respectively, to clarify and codify their policies related to the priority for use of the Buy Indian Act, including whether the Buy Indian Act should be used before other set-aside programs.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: The Department of Health and Human Services (HHS) has made progress towards addressing this recommendation. The Indian Health Service (IHS) is currently working on efforts to revise the Acquisition Management section of the Indian Health Manual to clarify and codify policies related to the priority for use of the Buy Indian Act. IHS plans for the revision to include implementation and reporting mechanisms for contracts awarded under the Buy Indian Act. HHS reported that IHS plans to issue new policy guidance relating to the Buy Indian Act and how it is to be implemented and prioritized in conjunction with other set asides.
    Recommendation: To ensure consistent implementation of the Buy Indian Act procurement authority across the agencies and to enhance oversight of implementation of the Act at regional offices, the Secretaries of the Interior and Health and Human Services should direct the Bureau of Indian Affairs and Indian Health Service respectively, to collect data on regional offices' implementation of key requirements, such as challenges to self-certification.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: Officials at the Department of Health and Human Services' Indian Health Service (IHS) told us they plan to continue oversight to ensure that contractors comply with key requirements such as (1) maintaining the proportion of Indian ownership, (2) not subcontracting more than half the work to other than Indian firms, and (3) providing a preference to Indians in employment, training, and subcontracting. However, as of July 2017, IHS had not provided evidence that they were collecting data on regional offices' implementation of these key requirements. IHS officials told us they plan to incorporate Buy Indian Act policy language and clauses into all contracts and track Buy Indian award actions and obligations. IHS officials also stated they will ensure that the contracting officer authenticates an Indian Economic Enterprise's categorization/credentials, before award and throughout the contract period.
    Recommendation: To ensure consistent implementation of the Buy Indian Act procurement authority across the agencies and to enhance oversight of implementation of the Act at regional offices, the Secretaries of the Interior and Health and Human Services should direct the Bureau of Indian Affairs and Indian Health Service respectively, to include Buy Indian Act contracts as a part of their regular procurement review process.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: Department of Health and Human Services officials told us initial on-site communications to raise awareness of the Buy Indian Act was included in the fiscal year 2017 Indian Health Service (IHS) Procurement Management Reviews (PMR) being conducted at all area offices. Starting in the fall of 2017, IHS plans to develop webinar training sessions to ensure that a large, diverse audience of contracting and management officials have access to the training. IHS will also incorporate the Buy Indian Act Policy into the established annual procurement management reviews beginning in fiscal year 2018 to ensure compliance.
    Director: William T. Woods
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: To help ensure contracting officers follow ordering procedures when using FSS, and to enhance internal controls, the Secretaries of DOD and HHS and the Administrator of GSA should issue guidance emphasizing the requirement to seek discounts and outlining effective strategies for negotiating discounts when using the FSS program.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: In December 2016, HHS stated that it had assessed and reviewed existing guidance and determined that existing guidance was adequate, but that HHS contracting officials needed to be refreshed on the content. While HHS stated that it had tasked the contracting heads of each HHS component with ensuring that its officials attend refresher training, the agency has not yet ensured that this has been accomplished. In June 2017, HHS officials said they were again considering issuing additional guidance, per our recommendation.
    Recommendation: To help ensure contracting officers follow ordering procedures when using FSS, and to enhance internal controls, the Secretaries of DOD and HHS and the Administrator of GSA should issue guidance reminding contracting officials of the procedures they must follow with respect to purchasing open market items through the FSS program, including the requirement to perform a separate determination that the prices of these items are fair and reasonable.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: In December 2016, HHS stated that it had assessed and reviewed existing guidance and determined that existing guidance was adequate, but that HHS contracting officials needed to be refreshed on the content. While HHS stated that it had tasked the contracting heads of each HHS component with ensuring that its officials attend refresher training, the agency has not yet ensured that this has been accomplished. In June 2017, HHS officials said they were again considering issuing additional guidance, per our recommendation.
    Recommendation: To help foster competition for FSS orders consistent with the FAR, the Secretary of HHS should assess reasons that may be contributing to the high percentage of orders with one or two quotes--including the practice of narrowing the pool of potential vendors--and if necessary, depending on the results of the assessment, provide guidance to help ensure contracting officials are taking reasonable steps to obtain three or more quotes above the simplified acquisition threshold.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: HHS agreed with the recommendation. In January 2017, an HHS official stated that the agency had tried to conduct an assessment but had not yet been able to obtain enough information. In June 2017, HHS officials said that they would reexamine how to conduct an assessment per our recommendation.
    Director: Belva Martin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To help improve reporting of federal procurement data and strengthen oversight of contracts awarded on the basis of an unusual and compelling urgency, the Secretaries of Defense and State and the Administrator of the U.S. Agency for International Development should develop an oversight mechanism when the cumulative value of noncompetitive contracts awarded on the basis of unusual and compelling urgency increases considerably beyond the initial contract award value.

    Agency: Department of Defense
    Status: Open

    Comments: In April 2015, the Acting Director of Defense Procurement and Acquisition Policy issued a memorandum instructing contracting officers to notify management when the cumulative dollar value of a contract awarded on the basis of urgency increases beyond the initial value at award. Further, the memorandum instructs components to establish an oversight mechanism to ensure the appropriate approval level is obtained. This memorandum was incorporated into the Defense Federal Acquisition Regulations by reference. As of August 2017, the Defense Procurement and Acquisition Policy office had not followed up to determine whether components had implemented this recommendation. We will continue to follow up with DOD to determine how and whether the oversight mechanisms were established at the component level.
    Director: Mackin, Michele
    Phone: (202) 512-4841

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To help mitigate confusion about the use of reverse auctions in federal acquisitions, the Director of the Office of Management and Budget should take steps to amend the FAR to address agencies' use of reverse auctions.

    Agency: Executive Office of the President: Office of Management and Budget
    Status: Open
    Priority recommendation

    Comments: In providing comments on this report, OMB generally concurred with this recommendation but, as of July 2017, had not yet publicly released a draft of any related proposed FAR rule(s). In July 2017, OMB staff stated that a FAR team had drafted proposed regulatory changes to address the use of reverse auctions in response to GAO's recommendation. OMB staff said that the draft changes were undergoing review and they expected they would be published for public comment before the end of the calendar year.
    Director: Dinapoli, Timothy J
    Phone: (202) 512-4841

    3 open recommendations
    Recommendation: To better position DOD to determine whether its actions have improved service acquisition, the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the military departments' senior services managers, should identify baseline data on the status of service acquisition, in part, by using budget and spending data and leveraging its ongoing efforts to gauge the effects of its actions to improve service acquisition.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: DOD concurred with our recommendation and is in the process of developing baseline data on the current status of its service acquisitions. In July 2014, DOD issued its annual Performance of the Defense Acquisition report. For the first time, this report included information on its contracted services, such obligations for each service portfolio group, competition rates, and small business participation information. DOD expects to develop service acquisition related goals and metrics in 2017 from which it can develop additional baseline data.
    Recommendation: To better position DOD to determine whether its actions have improved service acquisition, the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the military departments' senior services managers, should develop specific goals associated with their actions to improve service acquisition.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: DOD concurred with our recommendation and is in the process of developing service acquisition goals and metrics as well as an action plan for improving service acquisition. As of February 2017, DOD began a review of internal guidance that will include an analysis of the roles, responsibilities, authorities, goals, metrics, and structure associated with managing service acquisitions.
    Recommendation: To better position DOD to determine whether its actions have improved service acquisition, the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the military departments' senior services managers, should establish metrics to assess progress in meeting these goals.

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: DOD concurred with our recommendation and is in the process of developing service acquisition goals and metrics as well as an action plan for improving service acquisition. As of February 2017, DOD began a review of internal guidance that will include an analysis of the roles, responsibilities, authorities, goals, metrics, and structure associated with managing service acquisitions.
    Director: Woods, William T
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To ensure that DOD organizations fully comply with interagency acquisition regulations, the Secretary of Defense should direct the Office of Defense Procurement and Acquisition Policy, as part of its ongoing interagency acquisition policy review, to ensure that its acquisition regulations, policies, and guidance on interagency contracting are updated to reflect new Federal Acquisition Regulation (FAR) rules, including those related to a best procurement approach determination.

    Agency: Department of Defense
    Status: Open

    Comments: In September 2014, DOD revised its acquisition regulations to incorporate additional guidance to ensure awareness of the total cost of interagency acquisitions, including fees, as part of making a determination that use of another agency's contract is in the best interest of DOD. However, DOD's regulations and guidance still do not reflect all of the factors described in the FAR which should be considered in making these determinations. In particular, DOD's regulations still do not mention assessing whether the requesting agency has the expertise to place orders and administer them against the selected contract vehicle throughout the acquisition lifecycle. In September 2017, DOD policy officials drafted new guidance to ensure that contracting officers document these factors, but this draft guidance is in the process of being reviewed and is not yet final.
    Director: Mackin, Michele
    Phone: (202)512-4309

    3 open recommendations
    Recommendation: To help mitigate future confusion regarding justifications for 8(a) sole-source contracts over $20 million, the Administrator of the Office of Federal Procurement Policy, in consultation with the FAR Council, should promulgate guidance to clarify whether an 8(a) justification is required for 8(a) contracts that are subject to a pre-existing Competition in Contracting Act (CICA) class justification.

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

    Comments: The FAR Council opened a FAR case (2013-018) to address the recommendations from this report by clarifying the requirement for sole source 8(a) justifications. As of July 2017, the draft proposed FAR rule was awaiting approval for release. We will continue to monitor the progress of this proposed FAR rule.
    Recommendation: To help mitigate future confusion regarding justifications for 8(a) sole-source contracts over $20 million, the Administrator of the Office of Federal Procurement Policy, in consultation with the FAR Council, should promulgate guidance to provide additional information on actions contracting officers should take to comply with the justification requirement when the contract value rises above or falls below $20 million between SBA's acceptance of the contract for negotiation under the 8(a) program and the contract award.

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

    Comments: The FAR Council opened a FAR case (2013-018) to address the recommendations from this report by clarifying the requirement for sole source 8(a) justifications. As of July 2017, the draft proposed FAR rule was awaiting approval for release. We will continue to monitor the progress of this proposed FAR rule.
    Recommendation: To help mitigate future confusion regarding justifications for 8(a) sole-source contracts over $20 million, the Administrator of the Office of Federal Procurement Policy, in consultation with the FAR Council, should promulgate guidance to clarify whether and under what circumstances a separate sole-source justification is necessary for out-of-scope modifications to 8(a) sole-source contracts.

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

    Comments: The FAR Council opened a FAR case (2013-018) to address the recommendations from this report by clarifying the requirement for sole source 8(a) justifications. As of July 2017, the draft proposed FAR rule was awaiting approval for release. We will continue to monitor the progress of this proposed FAR rule.
    Director: Mackin, Michele
    Phone: (202)512-7773

    1 open recommendations
    Recommendation: The Administrator of the Office of Federal Procurement Policy should direct agencies to require their competition advocates to actively involve program offices in highlighting opportunities to increase competition.

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

    Comments: In July 2017, Office of Federal Procurement Policy (OFPP) officials confirmed that they do not plan to issue guidance on increasing the role of program officials in promoting competition, but stated that they have engaged with the Chief Acquisition Officers Council regarding the issue, and reminded them of GAO?s 2010 findings. In addition, OMB officials noted that they have developed agency-level benchmarks to better measure competition that are specifically focused on reducing financial risk to the government and on the level of competition where only one offer is received.
    Director: Shear, William B
    Phone: (202)512-4325

    1 open recommendations
    Recommendation: To ensure compliance with federal contracting regulations and to more transparently disclose the extent to which subcontracting opportunities are available to small businesses, the Secretaries of Homeland Security and Defense and the Administrator of General Services should consider asking their respective Inspectors General to conduct a review at an appropriate future date to ensure that this guidance and related requirements are being followed.

    Agency: Department of Homeland Security
    Status: Open

    Comments: DHS issued a chapter on its small business subcontracting program in its DHS Acquisition Manual in October 2009 and developed a subcontracting plan checklist that officials are to use when awarding a contract. In May 2010 DHS officials claimed that these documents are examples of progress they have made to address the recommendation on ensuring compliance with federal contracting regulations and other related requirements. After reviewing these documents we disagreed with the agency and do not believe that these documents constitute agency guidance on the contract administration duties to monitor contractor compliance with subcontracting plan reporting requirements.