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United States Government Accountability Office: 
GAO: 

Testimony before the Subcommittee on Contracting Oversight, Committee 
on Homeland Security and Governmental Affairs, U.S. Senate: 

For Release on Delivery: 
Expected at 2:30 p.m. EST:
Tuesday, February 1, 2011: 

Contract Audits: 

Role in Helping Ensure Effective Oversight and Reducing Improper 
Payments: 

Statement of Jeanette M. Franzel: 
Managing Director: 

Accompanied by Gayle L. Fischer: 
Assistant Director: 
Financial Management and Assurance: 

GAO-11-331T: 

GAO Highlights: 

Highlights of GAO-11-331T, a testimony before the Subcommittee on 
Contracting Oversight, Committee on Homeland Security and Governmental 
Affairs, U.S. Senate. 

Why GAO Did This Study: 

Agencies across the government are increasingly reliant on contractors 
to execute their missions. With hundreds of billions of taxpayer 
dollars at stake, the government needs strong controls to provide 
reasonable assurance that these contract funds are not being lost to 
improper payments (fraud and errors), waste, and mismanagement. 
Effective contract oversight, which includes effective internal 
controls throughout the contracting process, is essential to 
protecting government and taxpayer interests. Standards for Internal 
Control in the Federal Government provides the overall framework for 
internal control, which includes the control environment, risk 
assessment, control activities, information and communication, and 
monitoring. 

Contract auditing is a control mechanism intended to provide those 
responsible for government procurement with financial information and 
advice relating to contractual matters and the effectiveness, 
efficiency, and economy of contractors’ operations. 

Today’s testimony describes the (1) contracting cycle and related 
internal controls, (2) Defense Contract Audit Agency (DCAA) and its 
role in performing contract audits for the Department of Defense (DOD) 
and other federal agencies, and (3) risks associated with ineffective 
contract controls and auditing. 

GAO’s testimony is based on prior reports and testimonies, as listed 
at the end of this statement. 

What GAO Found: 

The contracting cycle consists of activities throughout the 
acquisition process, including preaward and award, contract 
administration and management, and ultimately the contract closeout. 
Strong internal controls contain a balance of preventive and detective 
controls appropriate for the agency’s operation and help ensure an 
effective contract oversight process. Preventive controls—-such as 
invoice review prior to payment—-are controls designed to prevent 
improper payments, waste, and mismanagement, while detective controls-—
such as incurred cost audits-—are designed to identify improper 
payments after the payment is made. While detective controls identify 
funds that may have been inappropriately paid and should be returned 
to the government, preventive controls help to reduce the risk of 
improper payments or waste before they occur. 

DOD accounts for the largest share of federal contract spending. DCAA 
was established in 1965 in response to studies which identified the 
need for consistency in contract audits at DOD. DCAA serves a critical 
role in DOD and other federal agency contractor oversight by providing 
auditing, accounting, and financial advisory services in connection 
with the negotiation, administration, and closeout of contracts and 
subcontracts. The majority of DCAA audits focus on cost-reimbursable 
and other nonfixed-price contracts, which pose the highest risk to the 
government. 

Reported federal contract obligations-—which have increased by $100 
billion in real terms since fiscal year 2005, from $435 billion to 
$535 billion in fiscal year 2010—-poses significant risk if effective 
contract oversight is not in place. GAO’s work has identified contract 
management weaknesses, significant problems with federal agency 
controls over contract payments, and internal control deficiencies 
throughout the contracting process, including contract auditing. GAO 
also found audit quality problems at DCAA offices nationwide, 
including compromise of auditor independence, insufficient audit 
testing, and inadequate planning and supervision. 

DCAA and the other federal agencies mentioned in GAO’s testimony have 
completed some actions and have actions under way to address GAO’s 
recommendations. GAO made17 recommendations to DOD and the DOD 
Inspector General (IG) to address the weaknesses it identified at 
DCAA. DOD and DCAA have taken a number of actions on these 
recommendations, including revising DCAA’s mission statement, 
appointing a new DCAA Director and a Western Region Director, 
establishing an internal review office to perform periodic internal 
evaluations and address hotline complaints, initiating outside hiring, 
strengthening its audit quality review function, and providing 
training on auditing standards. DCAA has actions under way on other 
recommendations. DOD IG has expanded its oversight of DCAA’s audit 
quality control process. In addition, the Centers for Medicare and 
Medicaid Services (CMS) have completed actions on two recommendations 
and expect to complete actions on all but one of the remaining 16 
recommendations by March 31, 2011. Department of Energy official’s 
stated that actions have been complete on all 11 GAO recommendations. 
GAO is following up to confirm. 

View [hyperlink, http://www.gao.gov/products/GAO-11-331T] or key 
components. For more information, contact Jeanette M. Franzel at (202) 
512-9471 or franzelj@gao.gov. 

[End of section] 

Dear Madam Chairman and Members of the Subcommittee: 

Thank you for the opportunity to be here today to discuss the role 
that contract audits can serve in contract oversight processes and 
helping to reduce the risk of improper payments. The purpose of 
contract auditing is to assist in achieving prudent contracting by 
providing those responsible for government procurement with financial 
information and advice relating to contractual matters and the 
effectiveness, efficiency, and economy of contractors' operations. 
With reported federal contract spending topping the $500 billion mark 
annually, effective contract oversight, which includes effective 
internal control throughout the contracting process, is essential to 
protecting the government and taxpayer interests. The Standards for 
Internal Control in the Federal Government provide the overall 
framework for establishing and maintaining internal control and for 
identifying and addressing areas at greatest risk of fraud, waste, 
abuse, and mismanagement.[Footnote 1] 

Today, I will describe the (1) contracting cycle and the general 
nature of internal controls that should be in place, (2) Defense 
Contract Audit Agency (DCAA) and its role in performing contract 
audits, and (3) risks associated with ineffective contract controls 
and auditing. I will conclude by outlining some potential actions that 
could improve the effectiveness of DCAA and its role in performing 
contract audits for the Department of Defense (DOD) and other federal 
agencies. 

In preparing this testimony, we relied on the work we performed during 
our DCAA engagements,[Footnote 2] as well as our extensive body of 
work on federal agency contract management. More detail on our scope 
and methodology is included in each issued product. Our audit work was 
conducted in accordance with generally accepted government auditing 
standards (GAGAS). Those standards require that we plan and perform 
our audits to obtain sufficient, appropriate evidence to provide a 
reasonable basis for our findings and conclusions based on our audit 
objectives. We believe that the evidence obtained provides a 
reasonable basis for our findings and conclusions based on our audit 
objectives. 

The Contracting Cycle and Internal Controls: 

The contracting cycle consists of activities throughout the 
acquisition process, including preaward and award, contract 
administration and management, and ultimately the contract closeout. 
Generally, prior to contract award, an agency identifies a need; 
develops a requirements package; determines the method of acquisition; 
solicits and evaluates bids or proposals; determines the adequacy of 
the contractor's accounting system for billing purposes; and 
ultimately negotiates a price and contract terms, resulting in the 
contract awards. After contract award, the agency performs activities 
related to contract administration and management. Contract 
administration and management involves monitoring the contractor's 
performance as well as reviewing and approving (or disapproving) the 
contractor's requests for payments. As discussed in more detail later 
in this statement, there are various types of contract audit 
activities that can occur in the preaward and award, and 
administration and management phases of a contract. The contract 
closeout process involves verifying that the goods or services were 
provided and that administrative matters are completed, including a 
contract audit of costs billed to the government and adjusting for any 
over-or underpayments based on the final invoice. Effective contract 
oversight includes effective internal control throughout the 
contracting process. 

Internal Control: 

Generally, the government manages its risk, in part, through 
establishing effective internal controls, which includes performing 
oversight activities. Standards for Internal Control provides that to 
be effective, an entity's management should establish both a 
supportive overall control environment and specific control activities 
directed at carrying out its objectives.[Footnote 3] As such, an 
entity's management should establish and maintain an environment that 
sets a positive and supportive attitude towards control and 
conscientious management. A positive control environment provides 
discipline and structure as well as a climate supportive of quality 
internal control, and includes an assessment of the risks the agency 
faces from both external and internal sources. Control activities are 
the policies, procedures, techniques, and mechanisms that enforce 
management's directives and help ensure that actions are taken to 
address risks. The standards further provide that information should 
be recorded and communicated to management and oversight officials in 
a form and within a time frame that enables them to carry out their 
responsibilities. Finally, an entity should have internal control 
monitoring activities in place to assess the quality of performance 
over time and ensure that the findings of audits and other reviews are 
promptly resolved. 

Control activities include both preventive and detective controls. 
Preventive controls--such as invoice review prior to payment--are 
controls designed to prevent improper payments (errors and fraud), 
[Footnote 4] waste, and mismanagement, while detective controls--such 
as incurred cost audits--are designed to identify errors or improper 
payments after the payment is made. A sound system of internal control 
contains a balance of both preventive and detective controls that is 
appropriate for the agency's operations. While detective controls are 
beneficial in that they identify funds that may have been 
inappropriately paid and should be returned to the government, 
preventive controls such as accounting system reviews and invoice 
reviews help to reduce the risk of improper payments or waste before 
they occur. A key concept in the standards is that the cost of control 
activities should not outweigh the benefit. Generally, it is more 
effective and efficient to prevent improper payments. A control 
activity can be preventive, detective, or both, based on when the 
control occurs in the contract life cycle. 

Contract Types and Related Risks: 

Agencies may choose among different contract types to acquire goods 
and services.[Footnote 5] This choice is the principal means that 
agencies have for allocating risk between the government and the 
contractor. The choice of a contract type will also impact the types 
of internal control and contract auditing activities needed to help 
protect the government's interests and reduce the risk of improper 
payments. Contract types can be grouped into two broad categories: 
fixed-price contracts and nonfixed-price contracts, such as cost-
reimbursable contracts and time and materials (T&M) contracts. 
Although the Federal Acquisition Regulation (FAR) places limitations 
on the use of cost-reimbursement and T&M contract types, these 
contract types may be used to provide the flexibility needed by the 
government to acquire the large variety and volume of supplies and 
services it needs. The three types of contracts place different levels 
of risk on the government and the contractor. For example, 

* For fixed-price contracts, the government agrees to pay a set price 
for goods or services regardless of the actual cost to the contractor. 
A fixed-price contract is ordinarily in the government's interest when 
the risks involving the project and the project's price are minimal or 
can be predicted with an acceptable degree of certainty and a sound 
basis for pricing exists, as the contractor assumes the risk for cost 
overruns. 

* Under cost-reimbursement contracts, the government agrees to pay 
those costs of the contractor that are allowable, reasonable, and 
allocable to the extent prescribed by the contract. Consequently, the 
government assumes most of the cost risk. The contractor is required 
to provide its best effort to meet contract objectives within the 
estimated cost. If this cannot be done, the government can provide 
additional funds to complete the effort, decide not to provide 
additional funds, or terminate the contract. Cost-reimbursement 
contracts may be used only when the contractor's accounting system is 
adequate for determining costs applicable to the contract and 
appropriate government surveillance during contract performance will 
provide reasonable assurance that efficient methods and effective cost 
controls are used.[Footnote 6] In order to determine if the contractor 
has efficient methods and effective cost controls, contracting 
officers and other contracting oversight personnel may perform reviews 
of various contractor systems, as well as a comprehensive review of 
contractor invoices to determine if the contractor is billing costs in 
accordance with the contract terms and applicable government 
regulations. In addition, the establishment of provisional and final 
indirect cost rates helps to ensure that the government makes payments 
for costs that are allowable, reasonable, and allocable to the extent 
prescribed by the contract. 

* For T&M contracts, the government agrees to pay fixed, per-hour 
labor rates and to reimburse other costs directly related to the 
contract, such as materials, equipment, or travel, based on cost. Like 
cost-reimbursement contracts, the government assumes the cost risk 
because the contractor is only required to make a good faith effort to 
meet the government's needs within a ceiling price. A T&M contract may 
be used only if the contracting officer prepares a determination and 
findings that no other contract type is suitable and if the contract 
includes a ceiling price that the contractor exceeds at its own risk. 
[Footnote 7] In addition, since these contracts provide no positive 
profit incentive for the contractor to control costs or use labor 
efficiently, the government must conduct appropriate surveillance of 
contractor performance to ensure efficient methods and effective cost 
controls are being used. 

* As discussed in more detail later in this statement, most contract 
audit activity is focused on cost-reimbursable and other nonfixed-
price contracts, due to the higher risks to the federal government. 

DCAA's Origin and Contract Audit Role: 

Audits of military contracts can be traced back to at least the World 
War I era. Initially, the various branches of the military had their 
own contract audit function and associated instructions and accounting 
rulings. Contractors and government personnel recognized the need for 
consistency in both contract administration and audit. The Navy and 
the Army Air Corps made the first attempt to perform joint audits in 
1939. By December 1942, the Navy, the Army Air Corps, and the Ordnance 
Department had established audit coordination committees for selected 
areas where plants were producing different items under contracts for 
more than one service. On June 18, 1952, the three military services 
jointly issued a contract audit manual that later became the DCAA 
Contract Audit Manual (CAM).[Footnote 8] The CAM has been regularly 
updated over the years and is still in use today. 

In May 1962, Secretary of Defense Robert S. McNamara instituted 
"Project 60" to examine the feasibility of centrally managing the 
field activities concerned with contract administration and audit. 
[Footnote 9] An outcome of this study was the decision to establish a 
single contract audit capability within DOD and DCAA was established 
on June 8, 1965.[Footnote 10] At that time, DCAA's mission was to 
perform all necessary contract audits for DOD and provide accounting 
and financial advisory services regarding contracts and subcontracts 
to all DOD components responsible for procurement and contract 
administration. DCAA was placed under management control of the Under 
Secretary of Defense (Comptroller), where it remains today. Other 
audit organizations, including the DOD and other federal agency 
Inspectors General (IG), the Special IGs for Iraq and Afghanistan, and 
the military service audit agencies also have a role in the oversight 
of federal contracts. 

DCAA consists of a headquarters office at Fort Belvoir, Virginia, and 
six major organizational components--a field detachment office, which 
handles audits of classified contracting activity, and five regional 
offices within the United States. The regional offices manage field 
audit offices (FAO), which are identified as branch offices, resident 
offices, or suboffices. Resident offices are located at larger 
contractor facilities in order to facilitate DCAA audit work. In 
addition, regional office directors can establish suboffices as 
extensions of FAOs to provide contract audit services more 
economically. A suboffice depends on its parent FAO for release of 
audit reports and other administrative support. In total, there are 
currently 382 DCAA offices, including 114 FAOs, throughout the United 
States and overseas. At the end of fiscal year 2010, DCAA employed 
about 4,700 staff, of which 85 percent are auditors, at DCAA's various 
offices throughout the United States, Europe, the Middle East, and in 
the Pacific to perform audits and provide nonaudit services in support 
of contract negotiations related to approximately 9,000 contractors. 

DCAA contract audits are intended to be a key control to help ensure 
that prices paid by the government for needed goods and services are 
fair and reasonable and that contractors are charging the government 
in accordance with applicable laws, the Federal Acquisition Regulation 
(FAR), Cost Accounting Standards (CAS), and contract terms. DCAA's 
mission encompasses both audit and nonaudit services in support of DOD 
and other federal agencies' contracting and contract payment 
functions. FAR subpart 42.1, "Contract Audit Services," and DOD 
Directive 5105.36, Defense Contract Audit Agency (DCAA), establish 
DCAA as the department's contract audit agency[Footnote 11] and set 
forth DCAA's responsibilities. 

FAR 42.101 prescribes contract audit responsibilities as submitting 
information and advice to the requesting activity, based on the 
analysis of contractor financial and accounting records or other 
related data as to the acceptability of the contractors' incurred and 
estimated costs; reviewing the financial and accounting aspects of 
contractor cost control systems; and performing other analyses and 
reviews that require access to contractor financial and accounting 
records supporting proposed and incurred costs. 

DOD's acquisition life cycle includes many contract and administrative 
activities. As illustrated in figure 1, these activities fall into 
three contract phases--preaward and award, administration and 
management, and closeout--that involve several activities and numerous 
types of audits. DCAA and other federal agencies are not consistent in 
their definitions of contract audits and reviews and other federal 
agencies generally do not perform the full range of audits that DCAA 
performs. While the majority of DCAA's audit effort supports the DOD 
contract community, in fiscal year 2010, based on DCAA records, about 
12 percent of DCAA's audit hours were used to respond to other federal 
agency requests for contractor audits. DCAA performs audit services 
for other federal agencies on a fee-for-service basis. Appendix I 
contains information on DCAA audits and nonaudit services provided by 
DCAA in support of contracting and contract payment. 

Figure 1: Relationship of Contract Phases, Contract Events, and DCAA 
Audits: 

[Refer to PDF for image: table] 

Contract phases: Preaward and award; 
Contract events: 
* Proposal; 
* Contract negotiations; 
* Contract award; 
Audit activities: 
* Full proposal; 
* Rate review; 
* Financial capability; 
* Preaward accounting survey; 
* Initial Disclosure Statement review; 
* Other. 

Contract phases: Administration and management; 
Contract events: 
* Contract performance; 
Audit activities: 
* Provisional billing rates; 
* Progress payments (fixed price and fixed price incentive fee 
contracts only); 
* Earned value management system (if required); 
* Other requested special audits; 
* Annual incurred cost reviews (flexibly priced contracts only); 
* Audits of contractor internal control systems; 
* Cost accounting standard (CAS) compliance; 
* Paid voucher reviews; 
* Overpayment review. 

Contract phases: Closeout; 
Contract events: 
* Contract physically complete; 
* Contract closed; 
Audit activities: 
* Final price submissions (fixed price incentive fee contracts); 
* Contract audit closing statement (cost type and time and materials 
contracts); 
* Termination. 

Source: GAO analysis of DCAA information. 

[End of figure] 

The majority of DCAA audits focus on cost-reimbursable and other 
nonfixed-price contracts, including progress payments on major weapon 
systems and time-and-materials contracts. These contract types pose 
the highest risk to the government because the government is generally 
not promised a completed deliverable or service at a set price. DCAA 
audits of contractor business systems and related internal controls 
support decisions on pricing, contract awards, and billing. For 
example, the FAR requires government contracting officers to determine 
the adequacy of a contractor's accounting system before awarding a 
cost-reimbursement or other nonfixed-price contract.[Footnote 12] 
Audits of estimating system controls support negotiation of fair and 
reasonable prices.[Footnote 13] Also, billing system audits support 
decisions to authorize contractors to submit invoices directly to DOD 
payment offices for payment without government review.[Footnote 14] 
Internal control audits also impact the planning and reliability of 
other DCAA audits, such as audits of contractors' pricing proposals 
and annual incurred cost claims, because DCAA uses the results of its 
internal control audits to assess risk and plan the nature, extent, 
and timing of tests for these audits. 

Risks of Ineffective Contract Controls and Auditing: 

Agencies across the government are increasingly reliant on contractors 
to execute their missions. In fiscal year 2010, federal agencies 
reported obligating approximately $535 billion on goods and services-- 
more than double the amount obligated at the start of the last decade 
in real terms. Our analysis of Federal Procurement Data System-Next 
Generation (FPDS-NG) contract obligations[Footnote 15] determined that 
although federal contract spending increases have slowed and decreased 
slightly in recent years, over the past 5 years federal contract 
spending has increased by $100 billion.[Footnote 16] As illustrated in 
figure 2, the sheer size of federal contract spending poses 
significant risk if effective processes, controls, and oversight are 
not in place. DOD accounts for approximately 70 percent of the federal 
government's FPDS-NG reported annual contract spending--$367 billion 
in fiscal year 2010--and other federal agencies accounted for $168 
billion in contract spending. With hundreds of billions in taxpayer 
dollars spent on government contracts, strong contract oversight is 
essential. 

Figure 2: DOD and Other Federal Agency Contract Obligations Related to 
Actions over $25,000 for Fiscal Years 2005 through 2010[A]: 

[Refer to PDF for image: stacked vertical bar graph] 

Year: 2005; 
DOD contract obligations: $302 billion; 
Other federal agency contract obligations: $134 billion; 
Total: $435 billion. 

Year: 2006; 
DOD contract obligations: $321 billion; 
Other federal agency contract obligations: $142 billion; 
Total: $462 billion. 

Year: 2007; 
DOD contract obligations: $355 billion; 
Other federal agency contract obligations: $141 billion; 
Total: $496 billion. 

Year: 2008[B]; 
DOD contract obligations: $391 billion; 
Other federal agency contract obligations: $147 billion; 
Total: $538 billion. 

Year: 2009[B]; 
DOD contract obligations: $390 billion; 
Other federal agency contract obligations: $168 billion; 
Total: $558 billion. 

Year: 2010; 
DOD contract obligations: $367 billion; 
Other federal agency contract obligations: $168 billion; 
Total: $535 billion. 

Source: GAO analysis of unaudited obligations data from the Federal 
Procurement Data System. 

[A] Contract obligations are adjusted for inflation using the fiscal 
year 2010 Gross Domestic Price Index. 

[B] DOD's reported obligations in fiscal year 2008 and 2009 reflected 
an approximately $13.9 billion adjustment to correct an error made in 
fiscal year 2008. 

[End of figure] 

GAO's work has shown that agencies confront several interrelated 
challenges, including separating wants from needs; executing 
acquisition programs within available funding and established time 
frames; using sound contracting arrangements with appropriate 
incentives and effective oversight; assuring that contractors are used 
only in appropriate circumstances and play proper roles; and 
sustaining a capable and accountable acquisition workforce. In 
addition, since 1997, we have reported that the nonacquisition 
workforce, such as contracting officer representatives and unit 
leaders, also have a role in contract management and must be trained. 

These challenges have contributed to GAO's designating contract 
management as a high-risk area at DOD, the Department of Energy, and 
the National Aeronautical and Space Administration. Weapon system 
acquisition is also designated as a high-risk area at DOD. 
Governmentwide, GAO also designated the management and use of 
interagency contracting as high risk. Other agencies face many of the 
same challenges. Collectively, these challenges expose hundreds of 
billions of taxpayer dollars to potential risks of improper payments, 
waste, and mismanagement. 

Contracting Control Weaknesses Identified in GAO Work: 

Our work has identified significant contract management weaknesses, 
problems with federal agency controls over contract payments , as well 
as weaknesses in contract auditing.[Footnote 17] We have identified 
internal control deficiencies that have occurred throughout the 
contracting process and phases. These weaknesses and deficiencies 
increase the risk of improper payments, and fraud, waste, abuse, and 
mismanagement. For example, we found: 

Department of Energy (DOE). DOE's internal controls over payments to 
its Waste Treatment Plant (WTP) contractor did not provide reasonable 
assurance against the risk of improper payments, particularly given 
the WTP project's substantial inherent risks.[Footnote 18] Several 
factors combine to pose an inherent risk to the government of improper 
payments on this project, including the size and complexity of this 
one-of-a-kind nuclear construction project, the multibillion-dollar 
cost and schedule overruns the project had already experienced, and 
the substantial volume of transactions billed by the contractor to DOE 
on each invoice. Despite these risks, in fiscal years 2005 and 2006, 
DOE performed little or no review of the contractor's invoices or 
supporting documents for $40 million to $60 million billed by the 
contractor to DOE each month. The need for close, ongoing review of 
invoiced transactions and support is particularly compelling given 
that the contractor's invoices provided little detail as to the items 
purchased, contrary to FAR and contract requirements. However, DOE 
officials chose instead to rely primarily on DCAA's review and 
approval of the contractor's corporatewide financial systems, which 
DOE officials believed allowed them to rely on the contractor's 
systems with little or no DOE oversight. In addition, DOE relied 
primarily on the contractor to review and validate subcontractor 
charges without having a process in place to assess whether the 
contractor was properly carrying out its subcontractor oversight 
responsibility. DOE's heavy reliance on DCAA and the contractor, with 
little oversight of its own, exposed the hundreds of millions of 
dollars it spent annually on the WTP project to an unnecessarily high 
risk of improper payments. Our July 2007 report made 11 
recommendations to improve DOE's oversight of and accountability for 
WTP expenditures. DOE officials advised us that they have completed 
action on all 11 recommendations. We are currently following up to 
confirm DOE's actions. 

Centers for Medicare and Medicaid Services (CMS). We evaluated CMS's 
Medicare Modernization Act (MMA) program contracting activity and 
found that CMS did not fulfill critical contractor oversight 
responsibilities, such as reviewing contractors' indirect cost rate 
information and assessing the adequacy of the contractors' accounting 
systems, thereby increasing risks of fraud, waste, and abuse not only 
to CMS but to other federal agencies that may use the same 
contractors.[Footnote 19] Specifically, we identified numerous 
questionable payments totaling nearly $90 million that represented 
potentially improper, unsubstantiated, or wasteful payments. For 
example, we found payments for costs that did not comply with the 
terms of the contract or applicable regulation, such as costs for 
unapproved labor categories, costs exceeding contract indirect rate 
ceiling amounts, and travel costs in excess of allowable limits. In 
other cases, we were unable to obtain adequate documentation, such as 
vendor invoices or time sheets, to support costs billed. In addition, 
we identified payments for which risks in CMS's contracting practices 
resulted in potential waste. In some cases, due to the facts and 
circumstances involved, we were unable to determine whether or to what 
extent the costs were allowable, reasonable, and allocable. Our 
November 2007 report made nine recommendations to the Administrator of 
CMS to improve internal control and accountability in the contracting 
process and related payments to contractors. CMS completed actions to 
develop agency-specific policies and procedures for the review of 
contractor invoices and create a centralized tracking mechanism that 
records the training taken by personnel assigned to contract oversight 
activities. In addition, CMS officials advised that CMS has recovered 
$2.8 million, deemed $7.5 million in questioned payments to be proper, 
and anticipate the remaining questioned cost will be found to have 
been proper after indirect rate audits are complete. We are continuing 
to follow up on CMS's progress in addressing the remaining seven open 
recommendations. 

As a result of the contracting weaknesses we found in the MMA program, 
GAO was asked to evaluate CMS's internal controls over its contracting 
activities.[Footnote 20] Based on our audit, we found pervasive 
deficiencies in CMS's internal controls over contracting and payments 
to contractors. The internal control deficiencies occurred throughout 
the contracting process phases. These deficiencies were due in part to 
a lack of agency-specific policies and procedures to ensure that FAR 
requirements and other control objectives were met. CMS also did not 
take appropriate steps to ensure that existing policies were properly 
implemented nor maintained adequate documentation in its contract 
files. As a result of our work, we estimated that at least 84.3 
percent of FAR-based contract actions made by CMS in fiscal year 2008 
contained at least one instance in which a key control[Footnote 21] 
was not adequately implemented. We also estimated that at least 37.2 
percent of FAR-based contract actions made in fiscal year 2008 had 
three or more instances in which a key control was not adequately 
implemented. The high percentage of deficiencies indicated a serious 
failure of control procedures over FAR-based acquisitions, thereby 
creating a heightened risk of making improper payments or waste. Our 
October 2009 report made nine additional recommendations to the CMS 
Administrator to develop and implement policies and procedures to 
ensure that FAR requirements and other control objectives are met. We 
have obtained documentation on CMS's actions and are in the process of 
validating this information. CMS officials told us they expect to 
complete actions on all but one of our recommendations by March 31, 
2011. 

Ineffective Contract Auditing: 

In 2009, we reported on audit quality problems at DCAA offices 
nationwide, including compromise of auditor independence, insufficient 
audit testing, and inadequate planning and supervision. In addition, 
DCAA's management environment and quality assurance structure were 
based on a production-oriented mission that put DCAA in the role of 
facilitating DOD contracting without also protecting the public 
interest.[Footnote 22] We found serious quality problems in the 69 
audits and cost-related assignments we reviewed.[Footnote 23] For 
example, 65 of these assignments exhibited serious noncompliance with 
generally accepted government auditing standards (GAGAS) or other 
deficiencies similar to those found in our investigation,[Footnote 24] 
including compromise of auditor independence, insufficient audit 
testing, and inadequate planning and supervision. DCAA has taken 
action on many of our recommendations but continues to experience 
significant audit quality problems across offices in all DCAA regions. 

As a result of our work, DCAA rescinded over 80 audit reports because 
its underlying audit evidence was outdated, insufficient, or 
inconsistent with reported conclusions and opinions. Those rescinded 
audits had been issued to support decisions on contract pricing and 
awards and impacted the planning and reliability of hundreds of other 
DCAA audits, representing billions of dollars in DOD expenditures. 
About one-third of the rescinded reports relate to unsupported 
opinions on contractor internal controls and were used as the basis 
for risk assessments and planning on subsequent internal control and 
cost-related audits. Other rescinded reports relate to Cost Accounting 
Standards (CAS) compliance and contract pricing decisions. Because the 
conclusions and opinions in the rescinded reports were used to assess 
risk in planning subsequent audits, they impact the reliability of 
hundreds of other audits and contracting decisions covering billions 
of dollars in DOD expenditures. 

A management environment and agency culture that focused on 
facilitating the award of contracts and an ineffective audit quality 
assurance structure are at the root of DCAA's agencywide audit 
failures we identified. DCAA's focus on a production-oriented mission 
led DCAA management to establish policies, procedures, and training 
that emphasized performing a large quantity of audits to support 
contracting decisions and gave inadequate attention to performing 
quality audits. An ineffective quality assurance structure, whereby 
DCAA gave passing scores to deficient audits, compounded this problem. 

Lack of independence. In seven audits, independence was compromised 
because auditors provided material nonaudit services to a contractor 
they later audited; experienced access to records problems that were 
not fully resolved; and significantly delayed report issuance, which 
allowed the contractors to resolve cited deficiencies so that they 
were not cited in the audit reports. 

Unsupported opinions. Thirty-three of 37 internal control audits did 
not include sufficient testing of internal controls to support auditor 
conclusions and opinions, which are relied on for 2 to 4 years, and 
sometimes longer. The lack of sufficient support for those audit 
opinions rendered them unreliable for decision making on contract 
awards, direct-billing privileges, the reliability of cost estimates, 
and reported direct cost and indirect cost rates. For example, we 
found that: 

* For many controls, DCAA did not perform any testing at all. For 
example, audits of contractor accounting systems focus on a review of 
the adequacy of contractor policies and procedures. At least six of 
the nine accounting audits we reviewed did not include procedures for 
confirming contractor segregation of allowable and unallowable cost. 

* DCAA issued an "adequate" opinion on the accounting system for a 
major DOD contractor, indicating that system controls were effective, 
after performing only a walkthrough of the accounting process and 
interviewing two employees. 

* In billing system audits we reviewed, DCAA auditors often tested 
only two, three, or sometimes five transactions to support audit 
conclusions on contractor systems and related internal controls. 
Twenty of the 22 billing system audits we reviewed did not include 
tests to identify duplicate invoices. 

* In one audit, DCAA auditors reported on the adequacy of a 
contractor's billing system based on tests of only four vouchers--all 
issued on the same day. 

* In an audit of controls over indirect and other direct cost for a 
business segment of one of the top five DOD contractors, DCAA auditors 
tested only 12 out of about 22,000 transactions processed from May 
through July 2005. 

Similarly, the 32 cost-related assignments we reviewed did not contain 
sufficient testing to provide reasonable assurance that overpayments 
and billing errors that might have occurred were identified. As a 
result, there is little assurance that any such errors, if they 
occurred, were corrected and that related improper contract payments, 
if any, were refunded or credited to the government. Contractors are 
responsible for ensuring that their billings reflect fair and 
reasonable prices and contain only allowable costs, and taxpayers 
expect DCAA to review these billings to provide reasonable assurance 
that the government is not paying more than it should for goods and 
services. We identified the following problems with these assignments. 

* Paid voucher reviews. Under the direct-bill program, contractors may 
submit their invoices directly to the DOD disbursing officer for 
payment without further review. DCAA performs annual testing of paid 
vouchers (invoices) to determine if contractor voucher preparation 
procedures are adequate for continued contractor participation in the 
direct-bill program.[Footnote 25] For the 16 paid voucher assignments 
we reviewed, we found that DCAA auditors failed to comply with DCAA 
Contract Audit Manual (CAM) guidance.[Footnote 26] Auditors generally 
did not identify the population of vouchers, did not create sampling 
plans, and made a small, nonrepresentative selection of as few as one 
or two invoices for testing to support conclusions on their work. 
Based on the limited work that was performed, the auditors concluded 
that controls over invoice preparation were sufficient to support 
approval of the contractors' direct billing privileges. This is of 
particular concern because we determined that Defense Finance and 
Accounting Service (DFAS) certifying officers rely on DCAA voucher 
reviews. 

* Overpayment assignments. DCAA performs overpayment assignments to 
verify that contractors have billing procedures and internal controls 
in place to identify and resolve contractor billing errors and 
overpayments in a timely manner. We found that auditor judgments about 
the population and selection of transactions for these assignments did 
not provide a representative universe for testing and concluding on 
contractor controls over billings and payments received. As a result, 
this work does not provide reasonable assurance that contractors have 
adequate controls in place to identify and correct overpayments and 
billing errors and make appropriate, timely refunds and adjustments. 

* Incurred cost audits. The purpose of incurred cost audits is to 
examine contractors' cost representations and opine on whether the 
costs are allowable, allocable to government contracts, and reasonable 
in accordance with the contract and applicable government acquisition 
regulations.[Footnote 27] For the four incurred cost audits we 
reviewed, we found that the auditors did not perform sufficient, 
detailed testing of claimed indirect and direct costs. As a result, 
the scope of work performed was not sufficient to identify claimed 
costs, if any, that were not adequately supported or unallowable 
costs, if any, that should have been questioned. 

DCAA's mission statement, strategic plan, and metrics all focused on 
producing a large number of audit reports and provided little focus on 
assuring quality audits. For example, in fiscal year 2008, DCAA 
performed approximately 30,000 audits with 3,600 auditors. This 
workload substantially contributed to the widespread audit quality 
problems we identified. While DCAA has increased its staff to about 
4,700, of which about 85 percent are auditors, and reduced the number 
of reports issued in fiscal year 2010 to about 10,000. Based on 
routine audit follow-up work, we have determined that DCAA has 
allocated resources to the highest risk contracts but not yet fully 
completed actions on a risk-based audit approach, with consideration 
of resources and auditing standards, that is effective in protecting 
taxpayer interest. In addition, DCAA has not yet resolved fundamental 
weaknesses in its strategic plan, metrics, and human capital practices 
that had a detrimental effect on audit quality. In addition, DCAA and 
the Defense Contract Management Agency (DCMA) identified as part of 
their current cost recovery initiative that there is a significant 
backlog of Cost Accounting Standards (CAS) cost impact issues 
requiring disposition and resolution by administrative contracting 
officers. According to DOD Inspector General officials, these CAS 
issues represent billions of dollars of unresolved audit findings and 
the 6-year statute of limitations is running out on many of them. 

Considering the large number of DCAA audit reports issued annually and 
the reliance the contracting and finance communities place on DCAA 
audit conclusions and opinions, effective and reliable contract audits 
are necessary to protecting the public interest. 

In our 2009 report, we made 17 specific recommendations to DOD and the 
DOD Inspector General (IG) to improve DCAA's management environment, 
audit quality, and oversight. DOD and DCAA have taken a number of 
actions on our recommendations, including revising DCAA's mission 
statement, appointing a new DCAA Director and a Western Region 
Director, establishing an internal review office to perform periodic 
internal evaluations and address hotline complaints, initiating 
outside hiring, expanding its audit quality review function, and 
providing training on auditing standards. While DCAA has initiated 
actions on our other recommendations, as discussed in our report, DCAA 
will need more time to complete those actions. Those include achieving 
changes in its management environment and culture, developing a 
strategic plan that links to performance metrics and a human capital 
strategic plan, developing a well-supported risk-based contract audit 
approach, obtaining outside expertise on auditing standards to assist 
in revising its contract auditing policies and procedures, and 
providing guidance on sampling and testing for the various types of 
audits it performs. DOD IG has expanded its oversight of DCAA's audit 
quality control process. 

Our 2009 report also offered some potential actions for strengthening 
the organizational effectiveness of DCAA and the contract audit 
function in the federal government. These potential actions would 
require further study as well as congressional action, and include 
actions intended to (1) increase DCAA's authority and independence, 
(2) provide for additional reporting and oversight of audit results, 
and (3) evaluate whether certain organizational changes to DCAA could 
strengthen its independence and improve audit quality. We have 
reprinted the detail of these options in appendix II. 

Madam Chairman and Members of the Subcommittee, this concludes my 
statement. We would be pleased to answer any questions that you may 
have at this time. 

Contacts and Acknowledgments: 

For further information about this testimony, please contact Jeanette 
M. Franzel at 202-512-9471 or franzelj@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this testimony. Major contributors to our testimony 
include Gayle Fischer, Assistant Director; F. Abe Dymond, Assistant 
General Counsel; Omar Torres, Auditor-in-Charge; and Yiming Wu, 
auditor. 

[End of section] 

Appendix I: DCAA Audit and Nonaudit Services: 

Table 1 lists several audit and nonaudit services performed by the 
Defense Contract Audit Agency (DCAA) during the three phases of the 
contracting process--preaward and award, contract administration and 
management, and closeout--and cites the statutory and regulatory 
provisions that authorize or establish the need to have DCAA perform 
the service. DCAA audits also support the contract payment process 
both directly and indirectly. For example, audits of contractor-
incurred cost claims and voucher reviews directly support the contract 
payment process by providing the information necessary to certify 
payment of claimed costs. [Footnote 28] Other audits of contractor 
systems, including audits of contractor internal controls, CAS 
compliance, and defective pricing, indirectly support the payment 
process by providing assurance about contractor controls over cost 
accounting, cost estimating, purchases, and billings that the agency 
may rely upon when making contract decisions, such as determinations 
of reasonable and fair prices on negotiated contracts. For example, an 
accounting system deemed to be adequate by a DCAA audit permits 
progress payments based on costs to be made without further audit. 
[Footnote 29] 

Table 1: Examples of DCAA Audit and Nonaudit Services. 

Preaward and award phase: 

Contract phase and assignment: Accounting system[A]; 
Audit and nonaudit services: Audit: DCAA determines adequacy of the 
contractor's accounting system prior to award of a cost-reimbursable 
or other flexibly priced contract. FAR § 16.301-3(a)(1); 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Contractor accounting disclosure 
statements; 
Audit and nonaudit services: Audit: DCAA reviews the contractor's 
Disclosure Statement for adequacy and CAS compliance and determines 
whether the contractor's Disclosure Statement is current, accurate, 
and complete. DCAA also reviews Disclosure Statements during the 
postaward phase if contractors revise them. FAR §§ 30.202-6(c), 30.202-
7 and 30.601(c); 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Estimating system[A]; 
Audit and nonaudit services: Audit: DCAA determines adequacy of 
contractor estimating systems. FAR § 15.407-5 and DFARS § 252.215-
7002(d),(e); 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Contract price proposals and forward 
pricing proposals[B]; 
Audit and nonaudit services: Audit: DCAA examines contractor records 
to ensure that cost or pricing data are accurate, current, and 
complete and supports the determination of fair and reasonable prices. 
10 U.S.C. §§ 2306a and 2313 (DOD) and 41 U.S.C. § 254d (other 
agencies); FAR Subpart 15.4 (esp. FAR § 15.404-2(c)) and § 52.215-
2(c); and DFARS § 215.404-1; 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Financial liaison advisory services[B]; 
Audit and nonaudit services: Nonaudit: DCAA Director establishes and 
maintains liaison auditors and financial advisors, as appropriate, at 
major procuring and contract administration offices. These services 
are also provided during the postaward phase, as needed. DODD 5105.36, 
paras. 7.1.1 and 5.9; 
Contracting support: [Check]; 
Payment support: Indirect. 

Postaward/administration and management phase: 

Contract phase and assignment: Internal control system audits 
(generally); 
Audit and nonaudit services: Audit: DCAA reviews the financial and 
accounting aspects of the contractor's cost control systems, including 
the contractor's internal control systems. FAR § 42.101(a)(3) and 
DFARS § 242.7501; 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Billing system audits[A]; 
Audit and nonaudit services: Audit: DCAA determines adequacy of 
contractors' billing system controls and reviews accuracy of paid 
vouchers. DCAA uses audit results to support approval of contractors 
to participate in the direct-bill program. FAR § 42.101 and DFARS § 
42.803 (b)(i)(C); 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Purchasing system review[B]; 
Audit and nonaudit services: Audit: DCAA determines adequacy of a 
contractor's or subcontractor's purchasing system. FAR Subpart 44.3; 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Progress payments[B]; 
Audit and nonaudit services: Audit: DCAA verifies amount claimed, 
determines allowability of contractor requests for cost-based progress 
payments, and determines if the payment will result in undue financial 
risk to the government. FAR §§ 32.503-3, 32.503-4, and 52.232-16; 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Incurred cost claims[A]; 
Audit and nonaudit services: Audit: DCAA determines acceptability of 
the contractors' claimed costs incurred and submitted by contractors 
for reimbursement under cost-reimbursable, fixed-price incentive, and 
other types of flexibly priced contracts and compliance with contract 
terms, FAR, and CAS, if applicable. FAR §§ 42.101, 42.803(b), and 
DFARS § 242.803; 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Billing rates and final indirect cost 
rates[A]; 
Audit and nonaudit services: Audit: DCAA establishes billing rates for 
interim indirect costs and final indirect cost rates. FAR §§ 42.704, 
42.705 and 42.705-2 and DFARS § 42.705-2; 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Defective pricing[B]; 
Audit and nonaudit services: Audit: DCAA determines the amount of cost 
adjustments related to defective pricing. See above authorities to 
audit contractor cost and pricing data and FAR § 15.407-1; 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: CAS compliance[B]; 
Audit and nonaudit services: DCAA determines contractor and 
subcontractor compliance with CAS set forth in 48 CFR § 9903.201 and 
determines cost impacts of noncompliance. FAR §§ 1.602-2, 30.202-7, 
and 30.601(C); 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Other specially requested services; 
Audit and nonaudit services: Audit and nonaudit services: DCAA 
conducts performance audits and other audits based on requests from 
DOD components and requests from other federal agencies. DOD Directive 
5105.36, Sec. 5; 
Contracting support: [Check]; 
Payment support: Indirect. 

Contract phase and assignment: Paid voucher reviews[A]; 
Audit and nonaudit services: Nonaudit services: DCAA reviews vouchers 
after payment to support continued contractor participation in the 
direct bill program. CAM 6-1007.6; FAR § 42.803; DFARS § 242.803; 
DODD 5105.36, paras. 5.4 and 5.5; and DOD Financial Management 
Regulation (FMR), vol. 10, ch. 10, para. 100202; 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Approval of vouchers prior to 
payment[A]; 
Audit and nonaudit services: Nonaudit: DCAA reviews and approves 
contractor interim vouchers for payment and suspends payment of 
questionable costs. FAR § 42.803; DFARS § 242.803(b)(i)(B); 
DOD Directive 5105.36, paras. 5.4 and 5.5; and DOD FMR vol. 10, ch. 
10, para. 100202; 
Contracting support: [Check]; 
Payment support: Direct. 

Contract phase and assignment: Overpayment reviews[A]; 
Audit and nonaudit services: Nonaudit services: At the request of the 
contracting officer, DCAA reviews contractor data to identify 
potential contract overpayments. FAR §§ 2.605, 52.216-7(g), (h)2; 
Contracting support: [Check]; 
Payment support: Direct. 

Closeout phase: 

Contract phase and assignment: Contract closeout procedures and 
audits[A]; 
Audit and nonaudit services: Audit: DCAA reviews final completion 
vouchers and the cumulative allowable cost worksheet and may review 
contract closing statements. DFARS § 242.803(b)(i)(D); 
Contracting support: [Check]; 
Payment support: Direct. 

Source: GAO analysis. 

[A] Indicates DCAA audit and nonaudit services covered in this audit. 

[B] Indicates types of audits covered in our prior investigation (GAO-
08-857). We reviewed progress payment and contract closeout audits 
that related to audits in our earlier investigation or this audit 
where the auditors considered the evidence in those audits. 

[End of table] 

[End of section] 

Appendix II: Potential Legislative and Other Actions for Strengthening 
DCAA and the Contract Audit Function: 

In our September 2009 report,[Footnote 30] we identified certain 
legislative and other actions, such as authorities and protections 
similar to those granted to federal agency Inspectors general (IG) in 
the IG Act, and changes in organizational placement, that could 
enhance Defense Contract Audit Agency (DCAA) effectiveness and 
independence.[Footnote 31] Successful management initiatives for 
cultural and organizational change in large private and public sector 
organizations can often take several years to accomplish. We caution 
that changing DCAA's organizational placement without first correcting 
fundamental weaknesses in mission and the overall management 
environment would not assure effective audits. 

Short-term Legislative Actions: 

In addition to DCAA management reforms already under way and our 
additional recommendations, our 2009 report identified certain 
legislative protections and authorities under the IG Act that could 
enhance DCAA's effectiveness. Legislation would be needed in order to 
grant DCAA such protections and authorities. 

Leadership. The IG Act provides for the President to appoint the IG, 
with Senate confirmation, at many federal agencies.[Footnote 32] Under 
the act, Congress must be notified in advance of removing the IG, and 
only Congress can eliminate the office of an IG. Currently, the head 
of DCAA is appointed and can be removed by the Secretary of Defense. 
Further, DCAA was created and can be reorganized or reassigned by 
departmental order without notice. IG Act protections Congress could 
grant to DCAA would therefore include (1) Senate confirmation of a 
presidentially appointed DCAA Director[Footnote 33] and (2) removal of 
the DCAA Director conditioned on congressional notification. [Footnote 
34] Specifically, the act provides that an IG may be removed from 
office by the President and any removal is to be reported to both 
Houses of Congress 30 days prior to the removal. In addition to these 
IG Act protections, Congress could build additional provisions into 
legislation, to include the following: 

* Requirements that the DCAA Director possess the appropriate 
professional qualifications. For example, provisions for appointment 
of the DCAA Director could require selection from among individuals 
who possess demonstrated ability in managing and leading 
organizations, specific accounting or auditing background, general 
knowledge of contract management, and knowledge of and extensive 
practical experience in financial management practices in large 
governmental or business entities. 

* A mandate permitting the DCAA Director to hold a renewable term 
appointment of between 5 to 7 years. Legislation should provide that 
the DCAA Director can be removed only for cause or other stated 
reasons. These protections would allow the head of DCAA to provide 
stability and continuity of leadership that span presidential 
administrations and prevent removal except for cause or other 
disclosed reasons. 

* Conflict of interest provisions for the DCAA Director and other key 
staff in addition to those provisions currently in law. This would be 
intended to ensure that selection of the audit agency head would not 
involve a "revolving door" situation between contractors and the 
contract audit agency. 

Access to independent legal counsel. The IG Act provides for 
independent legal advice for IGs rather than requiring the use of 
agency legal counsel.[Footnote 35] Currently, DCAA relies upon DOD 
legal counsel.[Footnote 36] DCAA officials told us that the DCAA 
Director has not always been apprised of legal decisions by DOD 
counsel that have impacted DCAA operations. Further, according to the 
DCAA Director, the lack of independent counsel led to a situation 
where DOD attorneys provided questionable legal counsel to a DCAA 
field office supervisor without the DCAA Director's knowledge. 
Obtaining independent legal counsel would avoid conflicts of interest 
between DOD and DCAA, thereby helping to improve DCAA's effectiveness. 

Budget. The IG Act requires separate budgets for Offices of Inspector 
General (OIG) within agency budgets, allowing Congress to review IG 
budget requests separately. DCAA currently does not have this 
protection. IGs that are appointed by the President with Senate 
confirmation receive a separate appropriation, preventing agencies 
from reprogramming IG funds to other programs and activities. However, 
there is currently little visibility over DCAA's budget because it is 
funded under the Operations and Maintenance, Defense-wide 
appropriation, which includes numerous DOD agencies, such as the 
Defense Contract Management Agency (DCMA), the Defense Logistics 
Agency, the Defense Finance and Accounting Service, and some buying 
command activities. Therefore, DCAA's share of annual appropriations 
is subject to reprogramming, sometimes without congressional 
notification. According to the DCAA Director and documentation 
provided by the Director and Office of Comptroller/CFO, in the past, 
DOD has reprogrammed funding between DCAA and other DOD activities on 
numerous occasions. Because these reprogrammings were below the $15 
million threshold for congressional notification, Congress did not 
have notice of these funding decreases at the time they occurred. For 
fiscal year 2009, DOD reprogramming increased DCAA's funding by $3.5 
million. Legislation similar to the IG Act could grant DCAA a separate 
budget[Footnote 37] to provide visibility and protections from 
reprogramming of funds to other agency priorities. 

Increased authority and independence. Legislation could strengthen 
DCAA's audit authority by providing the same level of access to 
records and personnel available to IGs.[Footnote 38] Currently, DCAA 
has statutory access to certain records related to cost-type contracts 
or those that contain cost and pricing data, but not to contractor 
personnel. As a result, DCAA's subpoena power is limited to certain 
records and does not cover contractor personnel. While we recognize 
that DCAA auditors have ongoing discussions with contractor personnel, 
they do not have statutory authority to compel contractor officials to 
meet with them and submit to interviews. IGs have authority, including 
subpoena power, to access all records, reports, audits, reviews, 
documents, papers, recommendations, or other material available that 
relate to programs and operations for which the IG has 
responsibilities. Further, IG subpoena authority extends beyond access 
to records and documents in that IG auditors can administer or take an 
oath in order to obtain information. Our discussions with DCAA 
auditors and reviews of audit documentation identified numerous 
instances where requests for contractor records were not met.[Footnote 
39] Obtaining increased access to contracting companies, especially 
their staff and documentation, would be an important provision to 
improve the effectiveness of DCAA audit staff. 

Reporting and oversight of audit results. The IG Act provides for 
semiannual reports to the agency head and appropriate committees of 
Congress summarizing results of significant audits and 
investigations.[Footnote 40] DCAA currently has no external reporting 
requirement, reducing opportunities for oversight and transparency. 
Congress could mandate some form of external DCAA reporting in 
legislation similar to the IG Act. Moreover, DCAA does not currently 
provide copies of its audit reports to other federal agencies that use 
the same contractors that DOD uses. According to the DCAA Director, 
DCAA's appropriations are specific to DOD contractor audits, and 
unless federal agencies request and reimburse DCAA for audit services, 
DCAA cannot provide them with copies of its audit reports even though 
these reports may cover their contractors. Legislation could also 
expressly allow DCAA to provide audit results to other agencies, a 
step that would improve its visibility and effectiveness for the 
government as a whole. 

Legislation to grant DCAA similar protections and authorities as those 
provided in the IG Act could enhance reform efforts that are already 
under way. Although we found that a lack of DOD Comptroller/CFO and IG 
oversight has impaired DCAA's effectiveness, DOD has begun work to 
provide improved oversight of DCAA's operations. In August 2008, the 
DOD Comptroller/CFO conducted a "tiger team" review of DCAA's audit 
quality assurance program, and DOD approved a more comprehensive 
Defense Business Board (DBB) study. The new DOD Comptroller/CFO 
recognized the need for DCAA oversight and on March 16, 2009, approved 
the charter for a DCAA Oversight Committee. Committee members include 
the Auditors General of the Army, the Navy, and the Air Force; the DOD 
Director of Defense Procurement and Acquisition Policy; and the DOD 
Deputy General Counsel for Acquisition and Technology. The committee 
held its first meeting in early April 2009. During May 2009, the DCAA 
Oversight Committee members reviewed selected DCAA audits and visited 
a DCAA field office. The committee is continuing to assess DCAA 
actions on recommendations in these reports and identify any gaps for 
further action. DCAA has already taken numerous actions to respond to 
our initial investigative report as well as DOD Comptroller/CFO and 
DBB recommendations. 

Longer-term actions: 

In the longer term, Congress could consider changes in DCAA's 
organizational placement. However, moving DCAA as an organization or 
establishing a new federal contract audit agency would require careful 
analysis and planning before implementation. For example, numerous 
governmentwide acquisition management reform efforts are currently 
under way that could impact the contract audit function. These efforts 
include congressional oversight and reform legislation and 
Presidential direction on developing governmentwide guidance for 
reviews of existing contracts to identify contracts that are wasteful, 
inefficient, or otherwise unlikely to meet agencies' needs, and to 
formulate corrective action in a timely manner, as well as interest 
group studies. 

Depending on the outcome of the various contract reform initiatives 
and the successful implementation of DCAA management reforms, Congress 
may also want to consider increasing the efficacy of these reforms by 
establishing an independent governmentwide contract audit agency. The 
creation of a statutory governmentwide contract audit agency could 
enhance contract auditor effectiveness and independence by placing the 
audit agency outside DOD and other federal agencies that make 
procurement and contract management decisions. Centralizing the 
contract audit function and mandating its use by all federal agencies 
also could provide for consistent audit coverage and bring 
efficiencies and economies of scale to the contract audit process 
across the government. However, our 2009 report cautioned that this 
would likely entail significant costs and operational and 
accountability considerations and would be an extremely costly option 
involving significant infrastructure and reorganization and would 
require substantial planning and analysis before deciding whether to 
proceed and how to implement any changes. Some of the issues that 
would need further study and analysis include the following: 

Governance. Governance is the framework of rules and practices by 
which a governing body, such as a board of directors, ensures 
accountability, fairness, and transparency in the entity's 
relationship with all of its stakeholders, including management, 
employees, and government. In order to improve governance and 
accountability at federal agencies, a variety of laws covering a range 
of management and administrative practices and processes have been 
enacted. Consideration of such provisions for a governmentwide 
contract audit agency should include application of general laws 
related to funds control, performance and financial reporting, 
accounting and internal control systems, human resources management, 
and recordkeeping and access to information, among others. Further, 
governance issues unique to a contract audit agency, such as its 
relationships to agency contracting officers and the Congress, should 
be assessed. 

Scope of Work. Scope of work considerations would include roles, 
responsibilities, and relationships of the governmentwide contract 
audit agency and IGs with regard to contract audits. Another 
consideration would be whether the new agency would be available for 
consultation as an outside expert on federal agency preaward issues. 
In addition, a determination would need to be made on the handling of 
fraud referrals. For example, the central new agency could have an 
investigative division or it could refer potential contract fraud to 
federal agency IGs for further investigation. 

Funding. Congress would need to determine how to fund the new contract 
audit agency. For example, funding could be provided through 
appropriations or from reimbursement by federal agencies. This 
decision would likely be tied to decisions on the governmentwide 
contract audit agency's mandate and scope of work and any realignment 
of contract audit resources. 

Further study and analysis of this potential action would involve 
input from the federal agency IGs and agency contracting and finance 
communities as well as government contractors and public interest 
groups. Numerous additional issues would potentially be identified and 
require substantial time and cost for effective consideration and 
resolution. 

[End of section] 

Related GAO Reports and Testimonies: 

High-Risk Series: 

DOD's High-Risk Areas: Actions Needed to Reduce Vulnerabilities and 
Improve Business Outcome, [hyperlink, 
http://www.gao.gov/products/GAO-09-460T], Washington, D.C.: March 12, 
2009. 

High-Risk Series: An Update, [hyperlink, 
http://www.gao.gov/products/GAO-09-271], Washington, D.C.: January 
2009. 

DCAA Audits: 

Defense Management: Widespread DCAA Audit Problems Leave Billions of 
Taxpayer Dollars Vulnerable to Fraud, Waste, Abuse, and Mismanagement, 
[hyperlink, http://www.gao.gov/products/GAO-10-163T], Washington, 
D.C.: Oct. 15, 2009. 

DCAA Audits: Widespread Problems with Audit Quality Require 
Significant Reform, [hyperlink, 
http://www.gao.gov/products/GAO-09-468], Washington, D.C.: Sept. 23, 
2009. 

DCAA Audits: Widespread Problems with Audit Quality Require 
Significant Reform, [hyperlink, 
http://www.gao.gov/products/GAO-09-1009T], Washington, D.C.: Sept. 23, 
2009. 

DCAA Audits: Allegations That Certain Audits at Three Locations Did 
Not Meet Professional Standards Were Substantiated, [hyperlink, 
http://www.gao.gov/products/GAO-08-993T], Washington, D.C.: Sept. 10, 
2008. 

DCAA Audits: Allegations That Certain Audits at Three Locations Did 
Not Meet Professional Standards Were Substantiated, [hyperlink, 
http://www.gao.gov/products/GAO-08-857], Washington, D.C.: July 22, 
2008. 

Iraq Contract Costs: DOD Consideration of Defense Contract Audit 
Agency's Findings, [hyperlink, 
http://www.gao.gov/products/GAO-06-1132], Washington, D.C.: Sept. 25, 
2006. 

Contract Management: 

Centers for Medicare and Medicaid Services: Pervasive Internal Control 
Weaknesses Hindered Effective Contract Management, [hyperlink, 
http://www.gao.gov/products/GAO-10-637T], Washington, D.C.: Apr. 28, 
2010. 

Centers for Medicare and Medicaid Services: Deficiencies in Contract 
Management Internal Control Are Pervasive, [hyperlink, 
http://www.gao.gov/products/GAO-10-60], Washington, D.C.: Oct. 23, 
2009. 

Contract Management: Minimal Compliance with New Safeguards for Time- 
and-Materials Contracts for Commercial Services and Safeguards Have 
Not Been Applied to GSA Schedules Program, [hyperlink, 
http://www.gao.gov/products/GAO-09-579], Washington, D.C.: June 24, 
2009. 

Defense Acquisitions: Charting a Course for Lasting Reform, 
[hyperlink, http://www.gao.gov/products/GAO-09-663T], Washington, 
D.C.: April 30, 2009. 

Global War on Terrorism: DOD Needs to More Accurately Capture and 
Report the Costs of Operation Iraqi Freedom and Operation Enduring 
Freedom, [hyperlink, http://www.gao.gov/products/GAO-09-302], 
Washington, D.C.: Mar. 17, 2009. 

Defense Acquisitions: Perspectives on Potential Changes to Department 
of Defense Acquisition Management Framework, [hyperlink, 
http://www.gao.gov/products/GAO-09-295R], Washington, D.C.: February 
27, 2009. 

Defense Management: Actions Needed to Overcome Long-standing 
Challenges with Weapon Systems Acquisition and Service Contract 
Management, [hyperlink, http://www.gao.gov/products/GAO-09-362T], 
Washington, D.C.: Feb. 11, 2009. 

Defense Management: Actions Needed to Overcome Long-standing 
Challenges with Weapon Systems Acquisition and Service Contract 
Management, [hyperlink, http://www.gao.gov/products/GAO-09-362T], 
Washington, D.C.: February 11, 2009. 

Space Acquisitions: Uncertainties in the Evolved Expendable Launch 
Vehicle Program Pose Management and Oversight Challenges, [hyperlink, 
http://www.gao.gov/products/GAO-08-1039], Washington, D.C.: September 
26, 2008. 

Financial Management: FBI Has Designed and Implemented Stronger 
Internal Controls over Sentinel Contractor Invoice Review and 
Equipment Purchases, but Additional Actions Are Needed, [hyperlink, 
http://www.gao.gov/products/GAO-08-716R], Washington, D.C.: July 15, 
2008. 

Defense Contracting: Post-Government Employment of Former DOD 
Officials Needs Greater Transparency, [hyperlink, 
http://www.gao.gov/products/GAO-08-485], Washington, D.C.: May 21, 
2008. 

Defense Contracting: Army Case Study Delineates Concerns with Use of 
Contractors as Contract Specialists, [hyperlink, 
http://www.gao.gov/products/GAO-08-360], Washington, D.C.: March 26, 
2008. 

Defense Contracting: Additional Personal Conflict of Interest 
Safeguards Needed for Certain DOD Contractor Employees, [hyperlink, 
http://www.gao.gov/products/GAO-08-169], Washington, D.C.: March 7, 
2008. 

Centers for Medicare and Medicaid Services: Internal Control 
Deficiencies Resulted in Millions of Dollars of Questionable Contract 
Payments, [hyperlink, http://www.gao.gov/products/GAO-08-54], 
Washington, D.C.: Nov. 15, 2007. 

Defense Contract Management: DOD's Lack of Adherence to Key 
Contracting Principles on Iraq Oil Contract Put Government Interests 
at Risk, [hyperlink, http://www.gao.gov/products/GAO-07-839], 
Washington, D.C.: July 31, 2007. 

Hanford Waste Treatment Plant: Department of Energy Needs to 
Strengthen Controls over Contractor Payments and Project Assets, 
[hyperlink, http://www.gao.gov/products/GAO-07-888], Washington, D.C.: 
July 20, 2007. 

Defense Contracting: Improved Insight and Controls Needed over DOD's 
Time-and-Materials Contracts, [hyperlink, 
http://www.gao.gov/products/GAO-07-273], Washington, D.C.: June 29, 
2007. 

Defense Contracting: Use of Undefinitized Contract Actions Understated 
and Definitization Time Frames Often Not Met, [hyperlink, 
http://www.gao.gov/products/GAO-07-559], Washington, D.C.: June 19, 
2007. 

Defense Acquisitions: Improved Management and Oversight Needed to 
Better Control DOD's Acquisition of Services, [hyperlink, 
http://www.gao.gov/products/GAO-07-832T], Washington, D.C.: May 10, 
2007. 

Defense Acquisitions: Tailored Approach Needed to Improve Service 
Acquisition Outcomes, [hyperlink, 
http://www.gao.gov/products/GAO-07-20], Washington, D.C.: November 9, 
2006. 

Department of Energy, Office of Worker Advocacy: Deficient Controls 
Led to Millions of Dollars in Improper and Questionable Payments to 
Contractors, [hyperlink, http://www.gao.gov/products/GAO-06-547], 
Washington, D.C.: May 31, 2006. 

Federal Bureau of Investigation: Weak Controls over Trilogy Project 
Led to Payment of Questionable Contractor Costs and Missing Assets, 
[hyperlink, http://www.gao.gov/products/GAO-06-306], Washington, D.C.: 
Feb. 28, 2006. 

[End of section] 

Footnotes: 

[1] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] (November 
1999). 

[2] GAO, Defense Management: Widespread DCAA Audit Problems Leave 
Billions of Taxpayer Dollars Vulnerable to Fraud, Waste, Abuse, and 
Mismanagement, [hyperlink, http://www.gao.gov/products/GAO-10-163T] 
(Washington, D.C.: Oct. 15, 2009); DCAA Audits: Widespread Problems 
with Audit Quality Require Significant Reform, [hyperlink, 
http://www.gao.gov/products/GAO-09-468] (Washington, D.C.: Sept. 23, 
2009); DCAA Audits: Widespread Problems with Audit Quality Require 
Significant Reform, [hyperlink, 
http://www.gao.gov/products/GAO-09-1009T] (Washington, D.C.: Sept. 23, 
2009); DCAA Audits: Allegations that Certain Audits at Three Locations 
Did Not Meet Professional Standards Were Substantiated, [hyperlink, 
http://www.gao.gov/products/GAO-08-993T] (Washington, D.C.: Sept. 10, 
2008); DCAA Audits: Allegations that Certain Audits at Three Locations 
Did Not Meet Professional Standards Were Substantiated, [hyperlink, 
http://www.gao.gov/products/GAO-08-857] (Washington, D.C.: July 22, 
2008). 

[3] Standards for Internal Control cover the control environment, risk 
assessment, control activities (policies, procedures, techniques, and 
mechanisms that enforce management's directives), information and 
communication, and monitoring (performance assessments and audits). 

[4] Improper payments are defined in the Improper Payments Information 
Act of 2002 as any payment that should not have been made or that was 
made in an incorrect amount (including overpayments and underpayments) 
under statutory, contractual, administrative, or other legally 
applicable requirements. It also includes any payment to an ineligible 
recipient or ineligible service, duplicate payments, payments for 
services not received, and any payment for an incorrect amount. 

[5] Agencies may acquire goods and services under contracts with 
private entities or they may enter into interagency agreements 
(interagency acquisitions) to acquire goods and services from other 
federal agencies, which may acquire the goods and services under 
contracts with private entities. 

[6] 48 C.F.R. §§ 16.104(h), 16.301-3(a). 

[7] 48 C.F.R. § 16.601(d). 

[8] DCAA, Contract Audit Manual (CAM) DCAAM 7640.1. 

[9] Project 60 also resulted in consolidation of the military 
services' contract management activities under the Defense Contract 
Management Agency (DCMA), formerly the Defense Contract Management 
Command (DCMC) within the Defense Logistics Agency. On March 27, 2000, 
DCMC was established as DCMA under the authority of the Under 
Secretary of Defense (Acquisition, Technology, and Logistics). 

[10] DOD, General Plan: Consolidation of Department of Defense 
Contract Audit Activities into the Defense Contract Audit Agency (Feb. 
17, 1965). 

[11] DODD 5105.36, paragraph 4.2, reissued on January 4, 2010, to 
include DCAA's new mission statement. 

[12] FAR §§ 16.104(h) and 16.301-3(a)(1). 

[13] DCAA, Contract Audit Manual (CAM) 5-1202.1.a and Defense Federal 
Acquisition Regulation Supplement (DFARS) § 215.407-5. 

[14] FAR § 42.101 and DFARS § 242.803. 

[15] The obligation amount generally is the amount of the contract 
award, such as the firm-fixed price or estimated value of cost 
reimbursements for a particular fiscal year. 

[16] Our analysis is based on contract actions over $25,000 adjusted 
for fiscal year 2010 inflation factor. 

[17] See list of related products at the end of this testimony. 

[18] GAO, Hanford Waste Treatment Plant: Department of Energy Needs to 
Strengthen Controls over Contractor Payments and Project Assets, 
[hyperlink, http://www.gao.gov/products/GAO-07-888] (Washington, D.C.: 
July 20, 2007). 

[19] GAO, Centers for Medicare and Medicaid Services: Internal Control 
Deficiencies Resulted in Millions of Dollars of Questionable Contract 
Payments, [hyperlink, http://www.gao.gov/products/GAO-08-54] 
(Washington, D.C.: Nov. 15, 2007). 

[20] GAO, Centers for Medicare and Medicaid Services: Deficiencies in 
Contract Management Internal Control Are Pervasive, [hyperlink, 
http://www.gao.gov/products/GAO-10-60] (Washington, D.C.: Oct. 23, 
2009). 

[21] We determined a control to be "key" based on our review of the 
standards for internal control as well as the FAR, Health and Human 
Services Acquisition Regulations, and agency policies and whether 
inadequate implementation would significantly increase the risk of 
improper payments or waste. 

[22] GAO, DCAA Audits: Widespread Problems with Audit Quality Require 
Significant Reform, [hyperlink, 
http://www.gao.gov/products/GAO-09-468] (Washington, D.C.: Sept. 23, 
2009). 

[23] Of the 69 DCAA assignments we reviewed, 37 were audits of 
contractor systems and related internal controls and 32 were cost- 
related audits and assignments. 

[24] [hyperlink, http://www.gao.gov/products/GAO-08-857]. 

[25] DCAA does not perform paid voucher reviews during the year that 
it performs an audit of the contractor's billing system internal 
controls. 

[26] CAM 6-1007. 

[27] CAM 6-102. 

[28] Disbursing officers are authorized to make payments on the 
authority of a voucher certified by an authorized certifying officer, 
who is responsible for the legality, accuracy, and propriety of the 
payment. 31 U.S.C. §§ 3325, 3521(a), and 3528(a). 

[29] FAR § 32.503-4. 

[30] [hyperlink, http://www.gao.gov/products/GAO-09-468]. 

[31] Codified in an appendix to Title 5 of the United States Code 
(hereafter 5 U.S.C. App.) 

[32] The IG Act also requires the heads of many "designated federal 
entities" to appoint an inspector general for each entity. 5 U.S.C. § 
App. 8G. 

[33] 5 U.S.C. App. § 3(a). 

[34] 5 U.S.C. App. § 3(b). 

[35] 5 U.S.C. App. ß 8F(4)(A). 

[36] Section 893(g) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 requires the Secretary of Defense to ensure 
that DCAA has sufficient legal resources and expertise to conduct its 
work in a manner that is consistent with audit independence. 

[37] 5 U.S.C. App. ß 6(f)(1). 

[38] 5 U.S.C. App. ß 6(a)(1), (4), and (5). 

[39] As noted previously, in these cases, there was no evidence that 
DCAA supervisors elevated the issue to management or to procurement 
officials to initiate enforcement action, as set out in DCAA policy. 

[40] 5 U.S.C. App. ß 5(a). 

[End of section] 

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