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    Subject Term: Subcontractors

    6 publications with a total of 27 open recommendations
    Director: William Shear
    Phone: (202) 512-8678

    2 open recommendations
    Recommendation: To provide reasonable assurance that DOD's Pilot Mentor-Protege Program meets its mission, the Director, DOD's Office of Small Business Programs, should conduct periodic reviews of the processes DOD components follow to approve agreements and take oversight actions, as appropriate.

    Agency: Department of Defense: Office of Small Business Programs
    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 reasonable assurance that DOD's Pilot Mentor-Protege Program meets its mission, the Director, DOD's Office of Small Business Programs, should complete actions to develop performance goals and related measures that are consistent with the program's stated purpose.

    Agency: Department of Defense: Office of Small Business Programs
    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

    12 open recommendations
    Recommendation: The Inspectors General of Commerce, Homeland Security, Interior, and State should develop or clarify existing guidance on the implementation of the pilot program. For example, the guidance should identify specific pilot program processes such as levels of review during an investigation, and where the findings of investigations are to be reported.

    Agency: Department of Commerce: Office of the Inspector General
    Status: Open

    Comments: In providing comments on this report, Commerce OIG concurred with this recommendation. In its May 2017 letter to OMB and the Congress, the agency reported that it plans to revise its guidance on whistleblower investigations. We have requested the revised guidance.
    Recommendation: The Inspectors General of Commerce, Homeland Security, Interior, and State should develop or clarify existing guidance on the implementation of the pilot program. For example, the guidance should identify specific pilot program processes such as levels of review during an investigation, and where the findings of investigations are to be reported.

    Agency: Department of the Interior: Office of the Inspector General
    Status: Open

    Comments: In providing comments on this report, Interior OIG concurred with this recommendation but has not yet taken any actions necessary to implement it. In its May 2017 letter to OMB and the Congress, the agency reported that it plans to revise its guidance on whistleblower investigations.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that the FAR clause 52.203-17 is inserted in new contracts and major modifications as appropriate.

    Agency: Department of Homeland Security
    Status: Open

    Comments: In providing comments on this report, Homeland Security concurred with this recommendation. Officials have said they have taken steps to implement this recommendation with guidance and once GAO is provided with evidence of executing guidance, we will review these efforts to assess whether the recommendation was implemented.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that the FAR clause 52.203-17 is inserted in new contracts and major modifications as appropriate.

    Agency: Department of Commerce
    Status: Open

    Comments: In providing comments on this report, Commerce concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that the FAR clause 52.203-17 is inserted in new contracts and major modifications as appropriate.

    Agency: Department of the Interior
    Status: Open

    Comments: In providing comments on this report, Interior concurred with this recommendation but has not yet taken any actions necessary to implement it. However, in its May 2017 letter to OMB and the Congress, the agency reported that it plans to issue updated acquisition policy.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that the FAR clause 52.203-17 is inserted in new contracts and major modifications as appropriate.

    Agency: Department of State
    Status: Open

    Comments: In providing comments on this report, State concurred with this recommendation. Officials have reported they are in the process of drafting a Procurement Information Bulletin related to inserting the clause into relevant contracts.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials can determine whether a modification is major and the applicability of the FAR clause, and whether they are making their best efforts to include the clause into existing contracts during major modifications.

    Agency: Department of Commerce
    Status: Open

    Comments: In providing comments on this report, Commerce concurred with this recommendation but has not yet taken sufficient actions necessary to implement it.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials can determine whether a modification is major and the applicability of the FAR clause, and whether they are making their best efforts to include the clause into existing contracts during major modifications.

    Agency: Department of the Interior
    Status: Open

    Comments: In providing comments on this report, Interior concurred with this recommendation but has not yet taken any actions necessary to implement it. However, in its May 2017 letter to OMB and the Congress, the agency reported that it plans to issue updated acquisition policy.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials can determine whether a modification is major and the applicability of the FAR clause, and whether they are making their best efforts to include the clause into existing contracts during major modifications.

    Agency: Department of State
    Status: Open

    Comments: In providing comments on this report, State concurred with this recommendation. Officials have reported they are in the process of drafting a Procurement Information Bulletin related to inserting the clause into relevant contracts.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials communicate with contractors and subcontractors to help ensure employees are informed about the requirements and protections provided by the whistleblower protection pilot program.

    Agency: Department of Commerce
    Status: Open

    Comments: In providing comments on this report, Commerce concurred with this recommendation. Commerce officials have said they plan to issue an Acquisition Notice to the acquisition community encouraging Commerce contracting officials to communicate the program's requirements and protections. We have requested a copy of the acquisition notice.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials communicate with contractors and subcontractors to help ensure employees are informed about the requirements and protections provided by the whistleblower protection pilot program.

    Agency: Department of the Interior
    Status: Open

    Comments: In providing comments on this report, Interior concurred with this recommendation but has not yet taken any actions necessary to implement it. However, in its May 2017 letter to OMB and the Congress, the agency reported that it plans to issue updated acquisition policy.
    Recommendation: The Secretaries of Commerce, Homeland Security, Interior, and State should develop policies and processes to help ensure that contracting officials communicate with contractors and subcontractors to help ensure employees are informed about the requirements and protections provided by the whistleblower protection pilot program.

    Agency: Department of State
    Status: Open

    Comments: In providing comments on this report, State concurred with this recommendation. Officials have reported they are in the process of drafting a Procurement Information Bulletin related to inserting the clause into relevant contracts.
    Director: Brown Barnes, Cindy S
    Phone: (202) 512-7215

    6 open recommendations
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to make changes to the contractor scheduling list development process so that compliance efforts focus on those contractors with the greatest risk of not following equal employment opportunity and affirmative action requirements.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation and is taking steps to address it. DOL noted its past work to improve its ability to identify federal contractor establishments under its jurisdiction. The agency is also committed to improving the scheduling process and using its resources more efficiently. DOL noted that its recently proposed EEO-1 pay data collection will provide more detailed information on federal contractor compensation disparity patterns, which they believe will strengthen the selection process. Finally, the agency reported that it is committed to improving its ability to focus on contractors with the greatest risk of noncompliance.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to develop a mechanism to monitor AAPs from covered federal contractors on a regular basis. Such a mechanism could include electronically collecting AAPs and contractor certification of annual updates.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation and reported that it will fully explore the operational implications and funding requirements.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to make changes to the current scheduling list distribution process so that it addresses changes in human capital and does not rely exclusively on geographic location.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation. DOL reported that it will explore the logistics of non-geographically based compliance evaluations in its review of contractors with Functional Affirmative Action Programs. The agency will also explore establishment based cross-regional case transfers, and continue to implement improved case distribution approaches in future scheduling lists.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to provide timely and uniform training to new staff, as well as provide continuing training opportunities to assist compliance officers in maintaining a level of competence to help ensure quality and consistency of evaluations across regions and district offices.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation and noted past and future efforts to address it. To date, the agency has conducted many webinars to build staff knowledge and skills; implemented a Front Line Manager Leadership Development Program to enhance leadership and technical skills; hosted an all-staff regional training in FY16 to hone the staff's technical skills; developed a training plan in FY16 to assess employee training needs and address the needs of compliance officers at various stages of their careers; and conducted a training needs assessment in FY16 to identify the performance requirements and competencies needed by agency staff. Based on the results of the needs assessment, the agency plans to develop the "Compliance Officer Continuous Education Success Program," a three-year program to ensure that compliance officers receive timely and consistent instruction. They will also formalize its use of training-related work groups to ensure training is responsive to employer needs, and leverage different instructional methods, such as classroom and web-based training.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to review outreach and compliance assistance efforts and identify options for improving information provided to federal contractors and workers to enhance their understanding of nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation and is taking steps to address it. The agency plans to expand stakeholder engagement practices, such as consultations with federal contractors, to determine what additional guidance is needed to support contractor compliance with OFCCP regulations and increase contractor awareness of resources, such as its Help Desk and EEO Tabulation. OFCCP will also build on prior outreach that has included live and virtual events (e.g., focus groups, round tables) and explore ways to disseminate promising practices.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to assess existing contractor guidance for clarity to ensure that contractors have information that helps them better understand their responsibilities regarding nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation. The agency noted past efforts demonstrating its commitment to quality guidance, such as by increasing online resources and tools available to stakeholders, and revising outdated regulations and guidance with input from stakeholders.
    Director: Marie A. Mak
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To provide greater awareness of and compliance with the specialty metal restrictions among DOD weapon system programs and their defense supplier-base, the Secretary of Defense should establish a mechanism for sharing and distributing non-sensitive information about national security waivers throughout the department and the defense supplier-base.

    Agency: Department of Defense
    Status: Open

    Comments: To address the recommendation, the Defense Contract Management Agency (DCMA) is presently working on a substantive change to their internal instruction regarding the Government-Industry Data Exchange Program (GIDEP)and DCMA Forum Regarding Defective/Nonconforming Product and Process Notifications. The new version of this guidance (DCMA-INST-301), upon its planned release in March 2018, will address both specialty metals non-compliance and counterfeit occurrences. Additionally, DCMA officials stated they are communicating DCMA's specialty metals non-compliance reporting process via a Quality Technical Information Paper and the DCMA Forum (an internal DCMA communication tool). DCMA's website also includes guidance on reporting of specialty metals non-compliance issues.
    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: 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.