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    Subject Term: Subcontracting

    5 publications with a total of 13 open recommendations including 1 priority recommendation
    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: Kimberly Gianopoulos
    Phone: (202) 512-8612

    3 open recommendations
    including 1 priority recommendation
    Recommendation: To improve the capacity of the U.S. government to monitor and enforce FTA partners' compliance with mutually agreed FTA labor provisions, USTR and DOL, in cooperation with State, should establish a coordinated strategic approach to monitoring and enforcing FTA labor provisions, to ensure that they systematically assess the consistency of priority FTA partner countries' laws, regulations, and practices with trade agreement labor provisions and address any identified concerns.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: DOL concurred with GAO recommendation and stated that it regularly coordinates monitoring and enforcement activities related to assessing and ensuring the consistency of FTA partner countries' labor laws, regulations, and practices with FTA labor provisions with USTR and State. In March 2017, the Monitoring and Enforcement of Trade Agreements Division (META) in DOLs Bureau of International Labor Affairs (ILAB) finalized Standard Operating Procedures (SOPs) for monitoring FTA labor provisions and engaging with partner country governments and stakeholders. These SOPs involve a renewed emphasis on monitoring trips to FTA partner countries to meet with government officials and in-country stakeholders to gather information on potential FTA violations and make key contacts with stakeholders to encourage direct communication going forward. The SOPs also include provisions regarding coordination with USTR and State in the monitoring and enforcement of FTA labor provisions. As of May 2017, this recommendation remains open pending further action by DOL and USTR.
    Recommendation: To improve the capacity of the U.S. government to monitor and enforce FTA partners' compliance with mutually agreed FTA labor provisions, USTR and DOL, in cooperation with State, should establish a coordinated strategic approach to monitoring and enforcing FTA labor provisions, to ensure that they systematically assess the consistency of priority FTA partner countries' laws, regulations, and practices with trade agreement labor provisions and address any identified concerns.

    Agency: Executive Office of the President: Office of the U.S. Trade Representative
    Status: Open

    Comments: In a correspondence dated January 12, 2015, USTR concurred with GAO's recommendation that USTR and DOL, in cooperation with State, establish a coordinated strategic approach to monitoring and enforcing FTA labor provisions, to ensure that they systematically assess the consistency of priority FTA partner countries' laws, regulations, and practices with trade agreement labor provisions and address any identified concerns. USTR stated that it is constantly exploring strategies to monitor and analyze information on labor issue more effectively and take action to implement those strategies. To implement GAO's recommendation, USTR is increasing the level and frequency of interagency monitoring through the Trade Policy Staff Committee, Subcommittee on Labor Monitor and Enforcement. Additionally, with DOL, USTR is exploring ways to improve engagement with U.S. Embassies in trade partner countries to monitor labor conditions. For example, DOL is funding the placement of labor officers in certain priority U.S. Embassies to collect and assess facts and to support the implementation of USTR and DOL's efforts. To date, according to USTR, DOL has placed labor officers in Colombia, Honduras, and Bangladesh. As of May 2017, this recommendation remains open pending further action by USTR and DOL.
    Recommendation: To improve the capacity of the U.S. government to monitor and enforce FTA partners' compliance with mutually agreed FTA labor provisions, USTR should ensure that the Annual Report of the President of the United States on the Trade Agreement Programs, which USTR provides each year to Congress, includes results of USTR's and DOL's efforts to proactively monitor partner countries' compliance with FTA labor provisions.

    Agency: Executive Office of the President: Office of the U.S. Trade Representative
    Status: Open

    Comments: In a correspondence dated January 12, 2015, USTR concurred with GAO's recommendation that USTR should ensure that the Annual Report of the President of the United States on the Trade Agreement Programs, which USTR provides each year to Congress, includes results of USTR's and DOL's efforts to proactively monitor partner countries' compliance with FTA labor provisions. USTR stated that its annual report already provides country-specific information on labor issues and that USTR regularly engages with Congress to provide detailed information on labor issues via meetings and phone conferences. Nonetheless, USTR recognizes that meaningful engagement with Congress is an indispensable part of monitoring and enforcing FTA labor provisions. To implement GAO's recommendation, USTR agreed to continue to identify more effective ways of communicating with Congress, including USTR's committees of jurisdiction, with respect to the Administration's FTA monitoring and enforcement efforts. Furthermore, USTR stated that it will solicit congressional advice and input to inform its efforts. As of May 2017, this recommendation remains open pending further action by USTR.
    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.
    Director: Woods, William T
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To make guidance for contract consolidation consistent with current law, the Secretary of Defense and the Administrator of General Services should act expeditiously to update or establish agency guidance for consolidated contracts after the Small Business Administration rulemaking is completed.

    Agency: Department of Defense
    Status: Open

    Comments: In commenting on the report, DOD concurred with the recommendation and said it plans to update its acquisition regulation for consolidated contracts after the Small Business Administration (SBA) rule is finalized and changes to the Federal Acquisition Regulation (FAR) are complete. The SBA's final rule was issued in October 2013. This change was incorporated in the FAR in September 2016. As of August 2017, DOD had not provided an update on actions taken to update the defense acquisition regulation.
    Director: Mackin, Michele
    Phone: (202)512-3000

    3 open recommendations
    Recommendation: To improve oversight of the limitations on subcontracting clause and to clarify who has responsibility for monitoring compliance with the clause, the Administrator of the Office of Federal Procurement Policy, in consultation with the Administrator of SBA, should provide specific guidance (including data collection options) to agency officials, including to contracting officers, about how to monitor the extent of subcontracting under 8(a) contracts, including for orders under indefinite quantity contracts.

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

    Comments: The Office of Federal Procurement Policy (OFPP) agreed with the recommendation. In summer of 2017 we followed up to see what actions they had taken to implement the recommendation, but we did not receive any updates. GAO will continue to monitor OFPP's actions to address this recommendation.
    Recommendation: To improve oversight of the limitations on subcontracting clause and to clarify who has responsibility for monitoring compliance with the clause, the Administrator of the Office of Federal Procurement Policy, in consultation with the Administrator of SBA, should take actions to amend the Federal Acquisition Regulation (FAR) to (1) direct contracting officers at agencies that have been delegated responsibility for ensuring compliance with the limitations on subcontracting clause to document in the contract file the steps they have taken to ensure compliance and (2) clarify the percentage of work required by an 8(a) participant under indefinite quantity contracts.

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

    Comments: The Office of Federal Procurement Policy (OFPP) agreed with the recommendation. In summer of 2017 we followed up to see what actions they had taken to implement the recommendation, but we did not receive any updates. GAO will continue to monitor OFPP's actions to address this recommendation.
    Recommendation: To improve oversight of tribal firms' participation in the 8(a) program, the Administrator of SBA should, as the new 8(a) tracking database is being developed, take steps toensure that it has the capability to (1) provide visibility to district offices into all tribal 8(a) firms' activity by tribal entity to ensure compliance with new prohibition to award sole-source 8(a) follow-on contracts to sister subsidiaries; (2) track revenue from tribal 8(a) firms' primary and secondary industry codes to ensure that subsidiaries under the same parent company are not generating the majority of their revenue from the same primary industry; and (3) track information on 8(a) contracts and task or delivery orders,including orders awarded under basic ordering agreements, tohelp ensure that district officials have information necessary toenforce the 8(a) program regulations.

    Agency: Small Business Administration
    Status: Open

    Comments: The Small Business Administration (SBA) neither agreed nor disagreed with this recommendation. In June 2015, SBA officials told GAO that they will use a high risk model of random surveillance to track revenue in primary and secondary codes for entity-owned firms, such as tribal 8(a) firms. SBA will include this as a part of the continuing eligibility process, and will randomly select entity-owned firms and subsidiaries for the deep dive. As part of this effort, SBA will pull data from the Federal Procurement Data System to determine what industry codes the subsidiaries are earning revenues. SBA will look for firms generating revenue in another industry code that exceeds the revenue in their primary industry code when the revenue also aligns under the primary industry code of another subsidiary firm for two consecutive years. These firms will be notified of SBA's concern in writing during their continuing eligibility review to be vigilant to avoid further action by the SBA. In February 2016, SBA informed us that it had delayed plans for the random surveillance, and had taken steps in the interim to begin monitoring the revenue generated under a subsidiary's primary and secondary NAICS codes by tracking award obligations for all entity-owned firms in a spreadsheet. SBA officials told us that the spreadsheet is a stop gap measure until the database can be developed. We asked for updates to steps taken but as of September 2017, no updates were provided. We will continue to track progress on the development of this randomized analysis and other efforts to provide the necessary visibility to all district offices on tribal 8(a) firms participation in the 8(a) program.