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Report to the Chairman, Subcommittee on Interior, Environment, and 
Related Agencies, Committee on Appropriations, House of Representatives:

April 2005:

Kennedy Center:

Stronger Oversight of Fire Safety Issues, Construction Projects, and 
Financial Management Needed:

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-334]

GAO Highlights:

Highlights of GAO-05-334, a report to the Chairman, Subcommittee on 
Interior, Environment, and Related Agencies, Committee on 
Appropriations, House of Representatives.

Why GAO Did This Study:

Since fiscal year 1995, the John F. Kennedy Center for the Performing 
Arts (Kennedy Center) has received nearly $203 million in federal funds 
to complete capital projects and intends to request an additional $43 
million in appropriations through fiscal year 2008. The Kennedy 
Center’s Comprehensive Building Plan identifies these capital projects 
as necessary to renovate the center and meet or exceed relevant life 
safety and disabled access regulations. GAO was asked to examine (1) 
the progress the center has made in completing key capital projects 
within estimated costs, and how it communicated this progress; (2) the 
current status of the center regarding fire and life safety and 
disabled access requirements; and (3) what best practices could help 
the center improve planning and management of capital projects.

What GAO Found:

Although the Kennedy Center has achieved its goal of renovating the 
Opera House, Concert Hall, and plaza-level public spaces, each of these 
projects exceeded budget estimates, some by substantial amounts. 
Project cost growth resulted from modifications made during the 
renovation process, due, in part, to the Kennedy Center’s lack of 
knowledge of the building’s site conditions. Modifications led to 
overtime charges paid to meet tight construction schedules. Also, the 
center may have paid higher costs than necessary by negotiating 
contract modification values after work was completed. A lack of 
comprehensive policies and procedures limited the Kennedy Center’s 
ability to adequately safeguard federal funds. Furthermore, our review 
of communication documents showed that Kennedy Center management did 
not always timely or accurately convey project cost growth and delays 
to its Board of Trustees or Congress.

Figure: Cost over Initial Budget for Selected Kennedy Center Projects.

{See PDF for Image]

Source: GAO analysis of Kennedy Center Data.

[End of Figure]

The Kennedy Center has complied with disabled access requirements in 
renovated areas. However, GAO identified three areas where the center 
does not appear to meet fire safety code requirements: (1) the center 
has not taken steps to ensure that exit paths through the Grand Foyer, 
Hall of Nations, and Hall of States provide adequate protection from 
fire; (2) doors in critical areas do not provide adequate protection 
from fire; and (3) the Millennium Stages have exit deficiencies and 
lack sprinkler and smoke evacuation systems required by code. In 
addition, it does not appear that the center clearly informed the board 
or Congress of its decision not to install sprinklers or other fire 
suppression systems in the plaza-level public spaces. 

Given the ongoing project management issues GAO has identified, the 
Kennedy Center could benefit from considering best practices for 
project management. In February 2004, GAO identified components of a 
best practices framework that include (1) conducting comprehensive 
planning, (2) assessing risks, (3) comprehensively managing project 
finances, (4) establishing accountability for and oversight of federal 
resources, and (5) incorporating stakeholders’ interests. 

What GAO Recommends:

GAO recommends here and in April 6, 2005, testimony that the Kennedy 
Center increase oversight, better comply with fire code, and conform to 
project management best practices. The Kennedy Center believes that it 
is in compliance with fire code, but agrees to seek third-party review. 
It agreed with our recommendation to improve oversight and management 
practices, but contended its financial controls were adequate.

[Hyperlink, http://ww.gao.gov/cgi-bin/getrpt?GAO-05-334]

To view the full product, including the scope
and methodology, click on the link above.
For more information, contact Mark L. Goldstein at (202) 512-2834 or 
goldsteinm@gao.gov

[End of Section]

Contents:

Letter:

Results in Brief:

Background:

Key Capital Projects Completed, but Costs Exceeded Budget Estimates and 
Were Not Timely or Accurately Reported:

The Kennedy Center Does Not Appear to Meet Some Fire Safety Code 
Requirements but Exceeds Disabled Access Requirements:

Several Best Practices Could Assist the Kennedy Center in Addressing 
Project Management Problems:

Conclusions:

Recommendations:

Agency Comments and Our Evaluation:

Appendixes:

Appendix I: Scope and Methodology:

Appendix II: Appropriations to the Kennedy Center for Capital Repairs 
amd Alterations:

Appendix III: Status of Previous GAO Recommendations to the Kennedy 
Center:

Appendix IV: February GAO Management Letter Sent to The Kennedy Center:

Appendix V: Comments from the John F. Kennedy Center for the Performing 
Arts:

GAO Comments:

Appendix VI: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Staff Acknowledgments:

Table:

Table 1: Appropriations to the Kennedy Center for Capital Repairs and 
Alterations under the CBPs:

Figures:

Figure 1: Diagram of the Kennedy Center's Plaza-Level Public Spaces and 
Theaters:

Figure 2: Kennedy Center Organizational Chart for Selected Positions 
and Offices:

Figure 3: Scope of Key Kennedy Center Capital Projects:

Figure 4: Budgets and Actual Costs for Selected Kennedy Center Capital 
Projects:

Figure 5: Opera House Unforeseen Site Condition:

Figure 6: Kennedy Center Communication Methods:

Figure 7: Exit Routes from the Kennedy Center's Major Theaters:

Figure 8: Millennium Stage Located at the End of the Grand Foyer 
outside the Eisenhower Theater:

Figure 9: Selected Disabled Access Improvements to the Kennedy Center 
Made as Part of the Comprehensive Building Plan:

Figure 10: Best Practices for Managing Capital Projects:

Abbreviations:

ADA: Americans with Disabilities Act:

CBP: Comprehensive Building Plan:

GSA: General Services Administration:

JFMIP: Joint Financial Management Improvement Program:

NFPA 101: National Fire Prevention Association Life Safety Code:

OIG: Office of the Inspector General:

OMB: Office of Management and Budget:

Letter April 21, 2005:

The Honorable Charles Taylor:
Chairman:
Subcommittee on Interior, Environment, and Related Agencies: 
Committee on Appropriations:
House of Representatives:

Dear Mr. Chairman:

The John F. Kennedy Center for the Performing Arts (Kennedy Center) 
opened in 1971 as a national cultural arts center and presidential 
memorial. Every year, millions of people visit the Kennedy Center to 
view the center and memorial or attend one of the center's 
performances. Since at least 1990, the Kennedy Center facility has 
needed substantial capital repairs. Officials from both the Kennedy 
Center and the National Park Service, which at that time shared 
responsibility for managing the Kennedy Center, acknowledged that the 
center had reached a seriously deteriorated state.

In 1994, Congress gave the Kennedy Center sole responsibility for 
managing the facility. As part of those responsibilities, Congress also 
required the Kennedy Center to develop, and annually update, a 
comprehensive building needs plan. In response, the Kennedy Center 
developed a Comprehensive Building Plan (CBP) in 1995 that included an 
assessment of the facility and identified the capital projects it 
believed were necessary to repair the center and bring it into 
compliance with current fire life safety and disabled access 
codes.[Footnote 1] The plan consisted of a long-term capital repair and 
upgrade project that, among other things, envisioned the center's 
meeting or exceeding relevant fire life safety regulations by 2008 and 
that addressed disabled access needs. To implement its CBP, the Kennedy 
Center has received almost $203 million[Footnote 2] in federal funds 
from fiscal years 1995 through 2005 for capital repairs and 
alterations, and Kennedy Center officials said that additional 
appropriations totaling $43 million through fiscal year 2008 are needed 
to complete the planned projects.

For more than a decade, we have identified shortcomings in, and made 
recommendations to improve, the Kennedy Center's construction, 
planning, and management processes. In the 1990s, we reported that the 
Kennedy Center did not have sufficient staff capability to effectively 
manage its capital improvement plans.[Footnote 3] In 2003, we reported 
that the Kennedy Center needed to strengthen the management and 
oversight of large construction projects, such as the garage expansion 
and renovation project.[Footnote 4] In 2004, we reported that the 
Kennedy Center had implemented most of the projects in its CBP but 
would likely not complete its plan by 2008, given the number and size 
of the renovation projects that remained to be done, anticipated future 
appropriations, and the likelihood that project budgets may increase as 
designs are completed (see app. I).[Footnote 5]

To assist the subcommittee in its oversight role and in making future 
funding decisions, you asked that we discuss in this report (1) the 
progress the Kennedy Center has made in completing key capital projects 
within estimated costs, and how it communicated information about this 
progress to its Board of Trustees and Congress; (2) the center's 
current status regarding fire life safety and disabled access 
requirements; and (3) what best practices, if any, could help the 
center improve its capital projects planning and management process. We 
also included information on the Kennedy Center's federal 
appropriations for capital repairs and alterations in appendix II and 
the status of the center's implementation of previous GAO 
recommendations in appendix III.

To determine the Kennedy Center's progress in completing key projects, 
we reviewed the center's audited financial statements and a selection 
of the invoices found in project, contracting, and finance files for 
five of the largest projects--the renovation of the Concert Hall, Opera 
House, Eisenhower Theater, and plaza-level public spaces and the 
installation of a new fire alarm system--to the extent that they 
existed. These projects represent the three largest theaters at the 
Kennedy Center, the largest public spaces, and the most expensive fire 
life safety improvements completed to date. We also reviewed federal 
authorization and appropriation laws; the Public Buildings Act, as 
amended, and implementing regulations; the John F. Kennedy Center Act, 
as amended; the Americans with Disabilities Act, as amended; and the 
Economy Act. To determine how the Kennedy Center communicates with 
stakeholders, we reviewed minutes from the Board of Trustees' meetings, 
minutes and agendas of the board's Operations Subcommittee meetings, 
the CBPs published since 1995, annual center budget justifications to 
Congress since 1995, and testimonies before Congress over this same 
time period. To assess the center's compliance with fire life safety 
and disabled access requirements, our staff of licensed professional 
engineers toured the site, and we contracted with an independent expert 
to assess the Kennedy Center's compliance with applicable fire life 
safety code and disabled access requirements.[Footnote 6] For the 
purposes of our analysis of the Kennedy Center's fire life safety code 
compliance, we took the center's ongoing and planned fire life safety 
upgrades into consideration when identifying deficiencies, and we did 
not identify deficiencies for cases where upgrades or improvements were 
planned. To identify best practices for project management, we 
synthesized information from our previous work on best practices in 
capital project management[Footnote 7] with other independent sources. 
During our review, we interviewed numerous Kennedy Center senior 
managers and officials in the Project Management, Contracts, Finance, 
and President's Offices and officials from the Smithsonian 
Institution's (Smithsonian) Office of the Inspector General (OIG), the 
General Services Administration's (GSA) National Capital Region, and 
the office of the District of Columbia (D.C.) Fire Marshal. We also 
determined that the data used in this report were sufficiently reliable 
for the purpose of our review. We conducted our review from August 2004 
to March 2005 in accordance with generally accepted government auditing 
standards.

Results in Brief:

Although the Kennedy Center has achieved its goal of renovating the 
Opera House, Concert Hall, and its plaza-level public spaces, and 
installed a buildingwide fire alarm system, each of these projects 
exceeded its budget estimates by amounts ranging from 13 to 50 percent, 
and it does not appear that center officials always timely or 
accurately communicated the cost growth and delays to its Board of 
Trustees or Congress. Cost growth in these projects resulted from 
unanticipated modifications made during the renovation process and 
condensed schedules. Such modifications were necessary, in part, 
because the Kennedy Center lacked knowledge of the building's site 
conditions. The project modifications, in turn, led to overtime charges 
paid to meet tight construction schedules. For example, the Kennedy 
Center paid $560,000 in overtime charges during the Opera House 
renovation to complete the work on schedule. The center also may have 
paid higher-than-necessary costs to contractors by routinely 
negotiating the value of project modifications after contractors had 
already completed the work. In addition, the absence of comprehensive 
policies and procedures across the project management, contracting, and 
finance departments has impeded effective project management and 
diminished the oversight of federal funds. Finally, our review of the 
communications documentation showed that the Kennedy Center management 
did not always timely or accurately communicate cost overruns and 
schedule changes to its Board of Trustees or Congress. For example, the 
Concert Hall renovation resulted in cost growth of $6.2 million, or 41 
percent, over the original budget; however, Kennedy Center officials 
repeatedly testified before Congress, several years after renovations 
were complete, that the project was completed within budget estimates.

The Kennedy Center does not appear to meet some fire safety code 
requirements, but the center has complied with, and exceeded in some 
instances, disabled access requirements in renovated areas of the 
center. After requesting and obtaining funds from Congress to address 
fire code deficiencies, such as the need for fire suppression systems, 
the Kennedy Center decided against its plan to meet fire safety code 
requirements by installing sprinklers and smoke evacuation systems in 
the Grand Foyer, the Hall of States, and the Hall of Nations. The 
Kennedy Center reversed its decision to install these systems without 
having its decision independently reviewed or clearly informing its 
Board or Congress that it was not spending the funds as 
planned.[Footnote 8] To identify and mitigate fire protection issues 
concerning exit paths through the Grand Foyer, the Hall of States, and 
the Hall of Nations, the Kennedy Center commissioned and used the 
results of a fire-modeling study. The center has not implemented some 
of the study's recommendations, nor did it seek peer review of the 
study even though the fire code provides for third-party validation and 
support for a study's assumptions and conditions. Third-party 
validation is particularly important in this instance because the 
Kennedy Center's fire safety decisions are not subject to external 
review. In addition, we identified two deficiencies, based on fire 
code, that are of immediate concern. First, the doors in critical 
areas, such as the fire pump room and the Fire Command Center, do not 
provide adequate separation from fire as outlined in the fire safety 
code. Second, fire-safety-related problems exist with the Millennium 
Stages. The stages located at the ends of the Grand Foyer could pose 
exit problems in the event of fire.[Footnote 9] Furthermore, the 
Millennium Stages do not have sprinkler and smoke control systems as 
required by fire code. Officials from the Kennedy Center said that they 
believe that all fire safety code requirements are being met but agreed 
to add fire protective doors and document their key decisions. Due to 
the critical nature of fire safety issues, on February 4, 2005, we sent 
the Kennedy Center President a letter outlining the apparent code 
deficiencies (see app. IV). Regarding disabled access projects, we 
concluded that the Kennedy Center meets or exceeds the requirements 
outlined in the Americans with Disabilities Act[Footnote 10] (ADA) on 
the basis of our independent expert's review. For example, disabled 
patrons can now access all tiers of the Concert Hall and Opera House, 
and ushers receive special training for assisting disabled patrons.

Given the ongoing management problems we have identified, the Kennedy 
Center could benefit from considering best practices for project 
management. In February 2004, we identified components of a best 
practices framework. These components include (1) conducting 
comprehensive project planning, (2) assessing risks and identifying 
mitigation measures, (3) comprehensively managing project finances, (4) 
establishing accountability for and oversight of projects, and (5) 
incorporating stakeholders' interests in planning and implementing 
projects. Comprehensive planning helps manage and control project 
implementation. Assessing risks and identifying mitigation measures 
assist in meeting project goals by recognizing and responding to 
problems early. Comprehensively managing project finances is important 
for estimating and controlling project costs. Establishing 
accountability for and oversight of projects better ensures the prudent 
use of resources, including federal resources. Incorporating diverse 
stakeholders' interests helps facilitate projects' successful 
implementation by ensuring a clear understanding of roles, 
responsibilities, and potential concerns. Related to these best 
practices, the Kennedy Center has begun to take steps to improve its 
project management approach, but additional improvements are needed.

GAO recommends here and in testimony on April 6, 2005, that the 
Chairman of the Kennedy Center Board of Trustees (1) strengthen 
oversight of center management through the Board of Trustees and 
external entities, such as an Inspector General; (2) take steps to 
better comply with fire safety code and seek peer review of its use of 
modeling studies; and (3) better conform to best practices regarding 
stakeholder communications, financial management, and document 
retention.

We provided a draft of this report to the Kennedy Center for its review 
and comment. The Kennedy Center stated that it had made a number of 
significant management improvements in recent years and will continue 
to do so. The Kennedy Center further noted that the scope of our 
current work may not have reflected these changes. In conducting our 
work, we reviewed the details of recent management changes that the 
Kennedy Center has made, but we were unable to gauge the impact of some 
of these changes since they are relatively recent in nature or still in 
development. The Kennedy Center agreed with several of our 
recommendations, but disagreed with others. The Kennedy Center believes 
that it is in compliance with fire code, but agreed to seek third-party 
review of its approach to certain fire code deficiencies. The Kennedy 
Center agreed that it could improve its information about capital 
projects, its document retention practices, and its knowledge of site 
conditions at the center. However, the Kennedy Center disagreed that it 
needed to strengthen its financial controls in the way that we 
recommended. For example, the center believes that its information is 
up to date, and it plans to fully comply with the Economy Act. We 
continue to believe the Kennedy Center needs to strengthen its 
financial management controls in order to improve the quality of its 
financial records and better safeguard federal funds. The Kennedy 
Center also provided technical comments that we incorporated in this 
report as appropriate.

Background:

The Kennedy Center opened in 1971 and is located on 17 acres along the 
Potomac River in Washington, D.C. The center houses four major theaters 
and several smaller theaters, five public halls or galleries, 
educational facilities, rehearsal spaces, offices, and meeting rooms in 
about 1.1 million square feet of space. The plaza level is the primary 
focus for patrons and tourists, including three main theaters, the 
Grand Foyer, the Hall of States, and the Hall of Nations. Access to 
other areas, such as the roof terrace level, is provided through the 
Grand Foyer, Hall of States, and Hall of Nations. Figure 1 provides a 
diagram of the Kennedy Center's plaza level.

Figure 1: Diagram of the Kennedy Center's Plaza-Level Public Spaces and 
Theaters:

[See PDF for image]

[End of figure]

In a 1972 agreement with the Department of the Interior, the Kennedy 
Center Board of Trustees[Footnote 11] retained responsibility for all 
performing arts activities at the Kennedy Center, but services not 
related to the performing arts were assumed by the National Park 
Service. Under this arrangement, the Kennedy Center facility incurred a 
backlog of capital repairs, in part, because responsibility for 
identifying and completing capital repairs and improvements at the 
center was unclear. Legislation was enacted in 1990 that directed the 
National Park Service and the Board of Trustees to enter into a 
cooperative agreement clarifying responsibilities related to 
maintenance, repair, and alteration of the center, but the parties were 
unable to reach an agreement. In 1994, legislation was enacted that 
gave the Board of Trustees sole responsibility for carrying out capital 
improvements at the Kennedy Center. A purpose of the legislation was to 
provide autonomy for the overall management of the Kennedy Center, 
including better control over its capital projects, and to renovate the 
center. The legislation further required the Board of Trustees to 
develop and annually update a comprehensive building needs 
plan.[Footnote 12]

In response to the 1994 legislation, the center published its first CBP 
in 1995 describing the goals of the renovation, including addressing 
fire life safety and disabled access code deficiencies--such as 
installing sprinklers throughout the center, replacing inefficient 
building systems, and improving visitor services. The law the Kennedy 
Center follows regarding facility construction or alteration requires 
that it be in compliance with nationally recognized model building 
codes and other applicable nationally recognized fire safety codes to 
the maximum extent feasible.[Footnote 13] As in the case of federal 
agencies, the Kennedy Center is the authority having jurisdiction for 
making a final determination on whether the center is complying with 
fire safety code.[Footnote 14] The Kennedy Center policy on building 
codes states that, where feasible, it will comply with the 
International Building Code (2003), International Fire Code (2003), as 
well as selected provisions of the National Fire Prevention Association 
Life Safety Code (NFPA 101) (2003). In 1995, the Kennedy Center 
anticipated undertaking critical fire life safety projects by the end 
of fiscal year 1999. However, to minimize disruption to performances, 
the Kennedy Center changed its approach to making capital improvements. 
Rather than undertaking broadscale projects that could disrupt the 
entire center, the Kennedy Center chose to renovate the center 
incrementally while keeping the rest of the center open and operating. 
For example, rather than installing a new sprinkler system for fire 
suppression throughout the entire center, which would have closed 
multiple theaters simultaneously, the center is installing sprinklers 
in each theater as it is renovated. Thus, only one theater is closed at 
a time. According to center officials, this approach minimizes the 
disruptions to ongoing operations in other areas of the Kennedy Center 
that could result in lost revenue. When the Opera House was renovated, 
for example, it was closed for almost a year, but performances 
continued in all of the other theaters.

The Kennedy Center is a bureau of the Smithsonian Institution. The John 
F. Kennedy Center Act Amendments of 1994, amended the Kennedy Center 
Act to designate the center as a "federal entity" for purposes of the 
Inspector General Act of 1978 (IG Act), as amended.[Footnote 15] The 
Kennedy Center Act states that only federally appropriated funds are 
subject to the requirements of a federal entity under the IG Act. The 
Kennedy Center Act authorizes the Smithsonian OIG to audit and 
investigate activities of the Kennedy Center involving federal 
appropriated funds, on a reimbursable basis, if requested by the Board 
of Trustees. To date, the Kennedy Center has not requested that the 
Smithsonian OIG conduct an audit or investigation of its activities.

The Kennedy Center conducts capital projects primarily through three 
offices--Project Management, Contracts, and Finance. Figure 2 provides 
an organizational chart for these three offices within the Kennedy 
Center. The center receives federal appropriations annually for capital 
repair and restoration to implement its CBP and for the operations, 
maintenance, and security of the facility. In fiscal year 2005, the 
Kennedy Center received approximately $16.1 million in federal funds 
for capital improvement projects and $16.9 million for operations, 
maintenance, and security of the facility.[Footnote 16] The Kennedy 
Center receives appropriated funds to support its CBP as a lump sum and 
not on an individual project-by-project basis. In addition, the 
Kennedy Center's appropriated funds for capital projects remain 
available until expended. Federal appropriations represent less than 
one-half of the center's total revenue. The Kennedy Center generates 
the majority of its revenues from performances at the center, 
contributions, and investments. Federal funds, not the Kennedy Center's 
private funds, are used for capital improvements in the CBP. Federal 
appropriations are not used for performance-related expenses. The 
Kennedy Center's total operating expenses in fiscal year 2003 were 
about $118 million.

Figure 2: Kennedy Center Organizational Chart for Selected Positions 
and Offices:

[See PDF for image]

[End of figure]

Key Capital Projects Completed, but Costs Exceeded Budget Estimates and 
Were Not Timely or Accurately Reported:

The Kennedy Center has completed many renovation projects (see fig. 3), 
but each of the projects we reviewed exceeded its budget due to 
contract modifications that added work to projects. Many changes were 
necessary because the Kennedy Center did not have good knowledge of the 
building's site conditions. Additionally, the absence of comprehensive 
policies and procedures has impeded effective management of federal 
funds. Finally, the information on cost growth and delays has not 
always been timely or accurately communicated to the Kennedy Center 
Board of Trustees or Congress.

Figure 3: Scope of Key Kennedy Center Capital Projects:

[See PDF for image]

[End of figure]

The Kennedy Center Has Completed Many Renovations, but Contract 
Modifications Increased Project Costs:

The Kennedy Center has completed renovations to the Opera House, 
Concert Hall, and its plaza-level public spaces and installed a 
buildingwide fire alarm system, but the actual costs of the projects we 
reviewed exceeded the original budgeted costs. Specifically, costs 
exceeded budget estimates by about 41 percent for the Concert Hall 
renovation, 21 percent for the Opera House renovation, 50 percent for 
the fire alarm system renovation, and 13 percent for the plaza-level 
public space renovations (see fig. 4). These findings are consistent 
with our finding, reported in 2003, that the costs of the Kennedy 
Center's garage expansion and site improvements projects greatly 
exceeded the estimates.[Footnote 17]

Figure 4: Budgets and Actual Costs for Selected Kennedy Center Capital 
Projects:

[See PDF for image]

[End of figure]

Renovation projects like those undertaken by the Kennedy Center are 
difficult to complete due to associated challenges with refurbishing as 
opposed to new construction. For example, according to the Kennedy 
Center, renovation projects are susceptible to cost increases stemming 
from unexpected site conditions. This is consistent with our finding 
that a primary cause of cost growth in the projects we evaluated were 
contract modifications resulting from the Kennedy Center's lack of 
knowledge of the building's existing conditions. The Kennedy Center 
lacked knowledge of site conditions because (1) it does not have as-
built drawings[Footnote 18] that show how building components were 
originally constructed and (2) schedule and building conditions at 
times limited the center's ability to conduct detailed investigations 
during project design stages. According to a Kennedy Center official, 
given the nature of construction, installed work often differs from 
what is indicated on the original architectural plans, sometimes in 
significant ways. Without accurate drawings, designers could not 
ascertain certain current building conditions, and inaccuracies were 
inadvertently built into project plans and designs.

Architects and engineers additionally lacked sufficient access to the 
project sites during the design phase. According to Kennedy Center 
officials, because the Kennedy Center focused on maximizing its 
theaters' operating time, designers were at times limited in their 
ability to survey the project site and document its condition. This 
type of exploration often requires the removal of some portion of the 
existing finishes to see what is behind them. Because invasive surveys 
were not completed, designers did not identify utilities and structural 
components shielded behind walls, floors, and ceilings. In cases where 
the unforeseen conditions affected construction, contract modifications 
were needed. Kennedy Center officials said that they did not allow 
exploratory design work in order to preserve the building's aesthetics. 
Kennedy Center officials indicated that they are working to improve the 
design of future projects by using noninvasive exploratory methods, 
such as X-ray technology, to better ascertain site conditions.

According to the Kennedy Center, about $1 million of the Concert Hall's 
contract modifications and $1.5 million of the Opera House's contract 
modifications were the result of actual conditions that differed from 
those shown on design drawings. In the Opera House renovation, the 
Kennedy Center attributed the following unexpected site conditions to 
absent as-built drawings and resulting in contract modifications: (1) 
the ceiling crawl space was not as large as the drawings indicated, (2) 
steel reinforcement that was not shown on the drawings existed in the 
balconies, and (3) a large steel-reinforced concrete beam in the 
orchestra floor was not depicted on existing drawings. Figure 5 
provides a description of the concrete beam and shows how it 
contributed to cost growth on the Opera House renovation project.

Figure 5: Opera House Unforeseen Site Condition:

[See PDF for image]

[End of figure]

In attempting to maintain its construction schedule while minimizing 
the impact on its performance schedules, the Kennedy Center incurred a 
considerable amount of overtime charges. Since the Kennedy Center 
relies on proceeds from ticket sales, programs, and contributions, 
center managers sought to limit the disruption to major performance 
venues, such as the Opera House and Concert Hall. In planning the Opera 
House renovation, for example, the Kennedy Center set a firm goal of 
completing work by December 2003 to ensure that the work would be 
completed in time to host the annual Kennedy Center Honors.[Footnote 
19] Over $560,000 of the $4 million cost growth for the Opera House 
renovation resulted from overtime pay to contractors completing the 
renovations.

The Kennedy Center also may have paid contractors more than necessary 
because it routinely negotiated the value of project modifications 
after contractors had already completed the work. For example, 
contractors performed about $2.2 million worth of work in the Concert 
Hall renovation and about $2.1 million worth of work in the Opera House 
rehabilitation without negotiating the value of the modifications with 
the Kennedy Center beforehand. Center officials said that this was 
necessary to maintain tight schedules. The practice of establishing 
cost after work has been completed is discouraged in federal 
contracting regulations. Our previous work has shown that contractors 
have limited incentive to control costs until firm prices are 
negotiated for contract changes, and the government does not have an 
opportunity to consider more efficient construction methods or 
management controls if work is completed before the price is 
established.[Footnote 20]

Lack of Clearly Designed, Comprehensive Policies and Procedures 
Undermined Effective Project Management:

While it was beyond the scope of this engagement to conduct a 
comprehensive financial review of the Kennedy Center's procurement 
process, we found some deficiencies in procurement operations for 
capital improvement projects. During a review of a limited selection of 
the Kennedy Center's capital expenditures, we found that the center did 
not maintain complete and accurate financial records, which could 
impact the safeguarding of federal funds. These deficiencies can be 
attributed, in part, to the center's lack of a comprehensive set of 
documented policies and procedures to guide the various activities 
related to the acquisition of goods and services for its capital 
improvements program. As a result, the Kennedy Center may not be able 
to properly account for or report financial transactions to Congress 
and other interested parties.

According to the guidance for federal agencies[Footnote 21] contained 
in the Joint Financial Management Improvement Program's (JFMIP) 
Framework for Federal Financial Management Systems and Office of 
Management and Budget (OMB) Circular No. A-127, Financial Management 
Systems, effective financial management depends on appropriate control 
of financial transactions and timely recording of financial information 
in a manner that satisfies multiple users. Requirements for internal 
controls over financial operations can be found in both OMB Circular 
No. A-123, Management Accountability and Control, and GAO's Standards 
for Internal Controls in the Federal Government.[Footnote 22] Federal 
agencies are required to establish financial controls; ensure that 
reliable and timely information is obtained and maintained; and produce 
accurate, consistent, and complete financial data to enable cost-
effective mission achievement and risk mitigation. The Kennedy Center's 
policy is to rely on contractor invoices to establish the dates the 
services were performed and make specific reference to the invoices in 
its receipt certifications. Because the center does not record the date 
or period that services were performed at the time of occurrence, it is 
unable to establish and maintain reliable up-to-date accounting 
records. This lack of real-time data hampers the center's ability to 
prepare reliable quarterly financial reports regarding the status of 
funds and budget execution and to manage project costs. When status 
reports are required, construction costs could be recognized before 
invoices are received by recording an estimate of costs incurred on the 
basis of a percentage of completion of the projects that are in 
progress, or some other systematic process that approximates actual up-
to-date costs.

OMB guidance and GAO standards for internal controls state that 
agencies need to properly document their transactions. The 
documentation should be clear and complete and show sufficient 
information to adequately account for the disbursement. During our 
review of a selection of 224 Kennedy Center capital expenditures--
dating from September 2000 to September 2004--we found that 63 of the 
contractor invoices (28 percent) paid by the center did not contain 
enough detailed information to support their accuracy and validity. 
Furthermore, without current and accurate information to substantiate 
payments, the Kennedy Center may be hampered in its ability to detect 
erroneous or improper payments. For example, we found a duplicate 
payment that may have been prevented if the center had better 
information available.

Of the invoices that lacked sufficient detail, nearly all were related 
to services the Kennedy Center received from the U.S. Army Corps of 
Engineers (Corps). The center's transactions with the Corps are 
governed by the Economy Act (31 U.S.C. §§ 1535 and 1536), which 
authorizes an agency acquiring goods or services from another agency to 
reimburse the performing agency only for its actual costs of providing 
the goods or services. The Kennedy Center did not have sufficient 
procedures in place to ensure that it was being charged for costs 
consistent with its Economy Act agreement. We found, for example, that 
invoices from the Corps generally identified separate total amounts for 
the agreed-upon services (as billed by the Corps' contractors) and 
overhead and labor costs incurred by the Corps, but that the invoices 
did not provide any details regarding the basis for the claimed costs, 
such as overhead rates. We were unable to determine, from either the 
Corps invoices submitted to the Kennedy Center for reimbursement or the 
information accompanying them, whether the costs being claimed for work 
performed were for actual costs consistent with the Economy Act 
agreement. This lack of detail on invoices subjects the Kennedy Center 
to risk of paying the Corps amounts inconsistent with the Corps' actual 
costs, as agreed to.

In response to a GAO recommendation,[Footnote 23] the Kennedy Center's 
Project Management Office initiated the development of a policy and 
procedure manual that is currently in draft form. The manual begins the 
process of outlining roles and responsibilities for the project 
management staff and defining standard operating procedures for 
managing projects. However, the Kennedy Center has not completed this 
manual, nor has it formalized its contractual and financial management 
policies and procedures. This makes it difficult for people in the 
different Kennedy Center departments to understand their roles and 
requirements in the oversight of federal funds. In working to improve 
its management capabilities, the Kennedy Center hired a Contracts Chief 
in March 2003 and is seeking an additional contracting officer. Also, 
in March 2004, the Kennedy Center hired a Director of Capital Projects 
to lead the Project Management Office.

The Kennedy Center Did Not Always Timely or Accurately Communicate Cost 
Growth and Schedule Delays to Its Board or Congress:

The Kennedy Center uses several communication methods, both internal 
and external to the organization, to convey information about its 
capital projects; however, we found that the center sometimes provided 
untimely or inaccurate information on projects. Figure 6 illustrates 
the main mechanisms the Kennedy Center uses to communicate information 
about project schedules, costs, and status to Congress, its Board of 
Trustees, and the public. The legislation that authorized the Board of 
Trustees to carry out capital improvement projects required the board 
to develop and annually update a CBP. However, the Kennedy Center has 
not consistently updated the CBP on an annual basis. The center 
provides budget justifications and receives federal funding annually 
for capital improvement projects based on its CBP, and testifies before 
various congressional committees when requested. According to the 
Kennedy Center, the center's board oversees the President of the 
Kennedy Center on the overall management and direction of the center. 
Within the board, the Operations Subcommittee is responsible for 
ensuring the appropriate use of federal funds for capital projects and 
efficient management of the operations and maintenance of the center. 
In doing that, it reviews plans for capital expenditures identified in 
the CBP and receives status reports on projects as they are planned and 
implemented.

Figure 6: Kennedy Center Communication Methods:

[See PDF for image]

[End of figure]

[A] Members of Congress serve on both the Kennedy Center Board of 
Trustees and the Operations Subcommittee.

Our analysis of officially documented communication using these 
mechanisms showed certain inconsistencies in the information the 
Kennedy Center presented. For example, in its fiscal year 2001 budget 
request, which according to a Kennedy Center official was prepared in 
1999, the center management reported that it planned to obligate $23.3 
million for capital repairs. Operations Subcommittee meetings held over 
the course of fiscal year 2001 reported revised obligation amounts 
ranging between $41.6 and $44.4 million. The amount actually obligated 
was $36.4 million. While planned obligations can change over time, the 
reasons for these differences are not clear because the Kennedy Center 
did not include sufficient project-level budget information in its 
budget justifications to Congress. Rather, as we reported in September 
2004, projects are grouped into broad budget categories, which do not 
include budget information for specific projects.[Footnote 24] As a 
result, it is difficult to understand or have stakeholders hold the 
Kennedy Center accountable for true project costs and schedules, 
compare the data presented through the various communications 
mechanisms, or determine if funds were used as intended.

The following examples illustrate untimely and inaccurate communication 
on the projects we reviewed:

* Concert Hall. Kennedy Center officials testified to Congress in 1999, 
2000, and 2001 that the Concert Hall rehabilitation--completed in 1997-
-was "on time and on budget." However, this was inconsistent with a 
September 1997 Operations Subcommittee Meeting status report, which 
states that the project experienced extraordinary interior design 
changes, all of which were unbudgeted and contributed to a cost 
increase of almost $1.2 million. Also, our analysis of Kennedy Center 
project documents shows that the project cost $6.2 million more than 
its initial budget of $15.1 million.

* Fire suppression sprinklers. The Fiscal Year 2005 Budget 
Justification and the 2004 CBP continue to emphasize that the Kennedy 
Center intends to install sprinkler systems throughout the entire 
facility. However, we determined as part of our review, and verified 
through interviews with Kennedy Center officials, that the center does 
not intend to install sprinklers in the large parts of the Kennedy 
Center--specifically, the Grand Foyer, the Hall of States, and the Hall 
of Nations.

* Fire alarm system. References to improving the building fire alarm 
system are included in Kennedy Center Budget Justifications for fiscal 
years 1995 through 2005. Language in these budget justifications refers 
to project phases, but start and completion dates change from year to 
year without explanation. For example, the completion date for the 
project was reported as being scheduled in fiscal year 2002 in the 
Kennedy Center's Fiscal Year 2003 Budget Justification, but the 
center's 2005 Budget Justification listed the project as being 
scheduled for completion in fiscal year 2004.[Footnote 25] Reasons for 
the project's delay were not evident in the records that we reviewed.

Due to Poor Record Retention, It is Impossible to Determine How Much 
the Building Plan Has Changed since 1995:

According to a Kennedy Center official, the center does not have a 
formal records retention policy and did not retain complete project 
budget information previous to the 2002 CBP. CBP updates also do not 
provide historical data, such as budget information for past projects 
or how changes to those budgets affected the overall plan. Because the 
Kennedy Center lacks records, we could not determine how any cost and 
schedule changes affected the overall implementation of the 1995 CBP or 
if federal funds were used as originally anticipated. However, our 
finding that several of the major projects from that period went over 
their budget estimates suggests that funds must have been reallocated. 
Information on reallocations, reconciliation of estimates to actual 
spending, and other project-level accounting of federal funds is not 
routinely reported to the board or Congress. In addition, project 
records for the Concert Hall renovation were incomplete and the as-
built drawings for the Kennedy Center were missing.

The Kennedy Center Does Not Appear to Meet Some Fire Safety Code 
Requirements but Exceeds Disabled Access Requirements:

On the basis of an independent expert's assessment, we determined that 
the Kennedy Center does not appear to meet some fire safety code 
requirements. After requesting and obtaining funds from Congress to 
meet fire code deficiencies, such as a lack of fire suppression 
sprinklers, as well as other needs, the Kennedy Center decided against 
its plan to meet fire safety code requirements and chose not to install 
sprinklers and smoke evacuation systems in the Grand Foyer, the Hall of 
States, and the Hall of Nations. The Kennedy Center reversed its 
decision to install these systems without having its decisions 
independently reviewed or clearly informing its board or Congress that 
it was not spending the funds as planned. According to our independent 
expert, the Kennedy Center has met or exceeded disabled access 
requirements as part of its renovation.

The Kennedy Center Does Not Appear to Comply with Fire Safety Code:

While the Kennedy Center has worked to address fire life safety 
deficiencies, and improvements are ongoing, on the basis of an 
assessment performed by an independent expert that we hired, we found 
that the Kennedy Center does not appear to meet some fire life safety 
requirements.[Footnote 26] Over the past decade, several internal 
Kennedy Center reports have also identified other fire life safety 
deficiencies--such as exit paths that might not protect occupants from 
fire--in the Grand Foyer, the Hall of States, and the Hall of Nations 
(see fig. 7).

Figure 7: Exit Routes from the Kennedy Center's Major Theaters:

[See PDF for image]

[End of figure]

NFPA 101 allows two approaches for dealing with fire safety issues: an 
entity can (1) adhere directly to the fire safety code (also called a 
prescriptive approach), such as installing sprinklers or smoke 
evacuation systems, or (2) provide an alternative that allows people to 
exit the building safely in case of fire (also called a performance-
based approach). The Kennedy Center chose the second approach and 
commissioned an egress and fire-modeling study in 2003 to address the 
exit issue, specifically as it pertained to the discharge of occupants 
from the facility.[Footnote 27] Due to the results of this study, the 
Kennedy Center did not implement its earlier plan of installing a fire 
suppression system and smoke evacuation system in the Grand Foyer, the 
Hall of States, and the Hall of Nations.

The modeling study indicates that, in the event of a fire, the time 
needed for evacuation would be less than the time it would take for 
these exit pathways to become untenable, provided certain steps are 
taken. These steps include (1) installing sprinklers at the Millennium 
Stages and (2) developing and implementing a program to manage the 
storage of scenery, props, and other combustible materials. With input 
from our independent expert, we concluded that the above steps have not 
been taken and thereby invalidate the study's assumptions. Since the 
Kennedy Center does not meet the conditions upon which the study was 
based, it appears to fall short of providing the level of protection 
intended by the code. Furthermore, center stakeholders, such as the 
Board of Trustees, have not accepted and adopted the terms of the study 
as described in NFPA 101. The Kennedy Center has not documented these 
determinations, but center officials said that the key decisions would 
be documented at the end of the fire life safety improvements at the 
center.

We also identified two additional deficiencies, based on NFPA 101, that 
are of immediate concern. First, there are no fire-rated doors in some 
areas, such as the fire pump room and the Fire Command Center. These 
locations contain key emergency systems that would need protection in 
the event of a fire. Second, several fire-safety-related problems were 
evident with the Millennium Stages. The stages are located at the ends 
of the Grand Foyer, a configuration that poses an exit deficiency 
because it does not provide two different, marked exit routes for 
occupants (see fig. 8). Additionally, NFPA 101 indicates that the 
stages must have a smoke control system that is integrated with a 
sprinkler system and smoke detectors over the stage area. These systems 
have not been installed.

Officials from the Kennedy Center said that they believe that all fire 
safety code requirements are being met, but they agreed to make some 
changes. For example, the Kennedy Center said that it would install 
fire protective doors on the fire pump room and the Fire Command 
Center, and that it would document its key decisions once its Life 
Safety Improvement Program was completed.

Figure 8: Millennium Stage Located at the End of the Grand Foyer 
outside the Eisenhower Theater:

[See PDF for image]

[End of figure]

The Kennedy Center Chose Not to Install Sprinklers throughout the 
Center, but It Did Not Consult with Independent Experts or Clearly 
Inform Key Stakeholders:

After requesting the necessary funds from Congress to meet fire code 
deficiencies, the Kennedy Center decided not to install sprinklers and 
smoke evacuation systems in the plaza-level public spaces as initially 
planned on the basis of the findings of the modeling study. In an 
October 2002 meeting with its trustees, the Kennedy Center reported 
that design and first stages of construction of the sprinkler and smoke 
evacuation systems would be completed in 2003. The Kennedy Center no 
longer plans to install sprinklers in the Grand Foyer, the Hall of 
Nations, and the Hall of States or at the Millennium Stages. Recent 
Kennedy Center documents continue to state that the funds will be spent 
to install sprinkler systems throughout the center.

Furthermore, in deciding not to install sprinklers and smoke evacuation 
systems in the plaza-level public spaces, the Kennedy Center did not 
consult any independent experts, such as the GSA's Fire Protection 
Engineer for the National Capital Region, or any other recognized 
expert, about whether this was an appropriate choice. In contrast, NFPA 
101 provides for peer review of modeling studies of this nature. In 
addition, our independent expert and GSA officials also stated that 
prevailing professional practice is to seek external peer review of a 
modeling study of this nature. GSA officials said that other federal 
entities occasionally consult with them regarding how to approach 
difficult code issues, but that the Kennedy Center has not done so 
about this exit deficiency.

Peer review may be particularly important for the Kennedy Center for 
two reasons. First, the center lacks sufficient on-staff expertise to 
adequately interpret and evaluate this type of modeling study. The 
Kennedy Center official who is principally responsible for making fire 
life safety code compliance decisions said that he does not have formal 
training or certification in engineering or fire protection planning, 
and that he is not qualified to evaluate modeling studies. Second, the 
Kennedy Center's fire safety decisions are not subject to external 
review. In contrast, GSA requires a registered fire protection engineer 
to be heavily involved in fire safety code compliance decisions for its 
federal properties, and its OIG has the authority to review GSA's 
approach to fire safety issues and policies. A GSA Fire Protection 
Engineer said that its OIG has provided useful guidance on these 
issues. Specifically, a 1999 GSA OIG report concluded that the National 
Capital Region Safety, Environment, and Fire Protection Branch, 
generally has taken adequate measures to meet the mission and goals of 
its fire safety program, but the report made a recommendation for 
improving building fire safety assessments.[Footnote 28] As previously 
mentioned, the Smithsonian OIG has authority to conduct reviews at the 
Kennedy Center relating to the expenditure of federal funds, but the 
Kennedy Center has not requested assistance from the Smithsonian OIG or 
any other federal accountability office in gaining assurance that the 
center is taking prudent steps relating to fire safety decisions. 
Private sector entities are accountable to the local fire marshal's 
assessment of their compliance with fire safety code. In addition, the 
Kennedy Center Act authorizes the Board of Trustees to utilize or 
employ the services of any agency or instrumentality of the federal 
government or the District of Columbia on a reimbursable basis. The 
Kennedy Center has not sought assistance, as authorized by law, from 
relevant federal or District of Columbia officials on fire safety code 
compliance.

The Kennedy Center Has Improved Disabled Access to Fully Renovated 
Theaters and Public Spaces:

Our independent expert concluded that the Kennedy Center's compliance 
with regulations outlined in ADA has generally met or exceeded the 
requirements of the act in the theaters and public spaces that have 
been renovated. The Kennedy Center has added numerous ramps, improved 
signage, and renovated several bathrooms and elevators to meet ADA 
requirements (see fig. 9). In an attempt to make the center as 
accessible as possible to disabled patrons, visitors, and employees, 
the Kennedy Center has made all levels of the renovated Concert Hall 
and Opera House accessible to wheelchairs.

Additionally, the Kennedy Center has hired and trained specialized 
personnel to assist patrons and visitors with disabilities. An 
Accessibility Manager position is staffed and the Kennedy Center 
provides special training to numerous "access" ushers, who help patrons 
navigate their way to their seats. In addition, the Kennedy Center's 
Office of Accessibility provides details of its special access services 
over the telephone, and the center's Web site provides access 
information and maps showing entrances, restrooms, and other services 
for the disabled.

Figure 9: Selected Disabled Access Improvements to the Kennedy Center 
Made as Part of the Comprehensive Building Plan:

[See PDF for image]

[End of figure]

The areas that the Kennedy Center has not yet renovated have fewer ADA 
improvements. For example, the Eisenhower and Terrace Theaters have 
limited wheelchair access. The Kennedy Center plans to make additional 
ADA improvements centerwide as part of its CBP, but the Terrace Theater 
upgrades have been deferred until after fiscal year 2008.

Several Best Practices Could Assist the Kennedy Center in Addressing 
Project Management Problems:

Given the ongoing problems we have identified at the Kennedy Center, 
successfully completing current and future projects within scope, cost, 
and schedule will be challenging. In February 2004, we identified 
components of a best practices framework to offer guidance for managing 
large-scale infrastructure projects.[Footnote 29] This framework 
includes comprehensive planning, risk assessment, comprehensive 
financial management, accountability and oversight, and stakeholder 
involvement. These best practices are shown in figure 10 and described 
after the figure. In addition to our framework, we reviewed past GAO 
recommendations to the Kennedy Center and project management best 
practices reported by the Construction Industry Institute for 
additional project management guidance.[Footnote 30] In recent years, 
the Kennedy Center has begun to take steps to implement some of these 
best practices and improve its project management.

Figure 10: Best Practices for Managing Capital Projects:

[See PDF for image]

[End of figure]

Conduct Comprehensive Project Planning--Comprehensive planning serves 
as a foundation for effectively managing capital projects. Such 
planning helps manage and control project implementation, cost, 
schedule, scope of work, and achievement of goals. As part of 
comprehensive project planning, a long-range capital plan documents the 
specific projects an organization intends to pursue, documents the 
resources it expects to use over the long term to implement those 
projects, and establishes priorities for implementation. The time spent 
on planning can help organizations and agencies avoid costs and delays. 
A project management plan is an important tool for comprehensive 
planning. It typically uses performance baselines for goals, costs, 
schedules, major milestones, and risks to manage and control a 
project's implementation. Developing a project management plan focuses 
organizations on implementation issues early in the life of a project. 
These plans are intended to be flexible and dynamic; during 
implementation, the plans are updated and otherwise revised to reflect 
changes in the project, such as changes in its cost, schedule, or scope 
of work. After a project has been implemented, its success can be 
measured by comparing its actual cost, schedule, and other outcomes 
with those that were planned. When project management plans are not 
developed or used, projects can encounter problems, such as cost 
overruns and schedule delays. In addition, the Construction Industry 
Institute has reported that preproject planning is a best practice that 
is essential to develop sufficient strategic information, decide how to 
commit resources, and maximize potential project success.

The Kennedy Center's CBP has served as the central plan to manage its 
capital projects and has included project descriptions and background 
on the improvements. Unlike the planning best practices, the Kennedy 
Center has not used its CBP as a tool to measure project success and 
progress by comparing actual costs and schedules with those planned. In 
commenting on our September 2004 report, Kennedy Center officials wrote 
that while the CBP serves as the primary management tool for capital 
project planning, it has not been the primary vehicle for communicating 
the center's progress in implementing its renovation work. According to 
Kennedy Center officials, other internal planning documents serve to 
communicate progress, although we have previously reported that these 
other planning documents are limited in not including prioritization of 
projects or planned future projects.

The Kennedy Center has taken steps to improve the information included 
in its CBP. In September 2004, we recommended that the Kennedy Center 
annually update its CBP as required by law, and in November 2004 the 
center published an update. According to Kennedy Center officials, the 
center now plans to annually update its CBP. Furthermore, as we 
recommended, the 2004 CBP includes some prioritization of ongoing 
projects and updated project budget information.

* Assess Risks and Identify Mitigation Measures--Risk assessments allow 
project managers to identify and manage risks related to a project's 
costs, schedules, and other aspects and to develop mitigation measures 
that can increase the likelihood of projects meeting established goals. 
Early recognition of problems allows for prompt intervention, which 
increases the likelihood that corrective action will get the project 
back on track before there is significant deviation from its 
goals.[Footnote 31] Assessing and mitigating risks reduces the 
probability of later encountering problems that can cause cost 
increases and schedule delays. Potential risks to projects include cost 
increases; funding reductions; schedule delays; and environmental, 
political, and legal issues. The Construction Industry Institute has 
noted that collecting information on project risks is a part of the 
preproject planning process.

As previously discussed, the lack of as-built drawings has posed risks 
to Kennedy Center project costs and schedules, leading to the discovery 
of unexpected site conditions in the Opera House renovation that 
increased project costs. According to one Kennedy Center official, 
future projects will also face the risk of unexpected site conditions 
due to the absence of as-built drawings and a system to track all 
changes to the facility.

In an attempt to reduce risk to the Kennedy Center, it has entered into 
a contract for theater renovation work that shifts much of the 
project's risk to the contractor. Under this "construction manager at-
risk" arrangement, a construction management contractor will be hired 
to participate in the design process and will then be responsible for 
hiring contractors to do the construction. The construction management 
contractor will be at risk from the standpoint of being responsible to 
the Kennedy Center for managing the construction according to the 
established cost, schedule, and scope. However, this method may not 
reduce costs because contractors will increase their price to cover the 
risk shifted to them.

* Comprehensively Manage Project Finances--Accurately estimating and 
controlling costs through comprehensive financial management helps to 
ensure efficient uses of funds. Estimating and controlling costs is 
important because the costs of capital projects can increase 
significantly. Best practices suggest that, to improve the accuracy of 
cost estimates, managing organizations should review and refine cost 
estimates as projects move closer to implementation. One tool for 
estimating and controlling costs is a project financial plan, which 
shows a project's estimated funding needs, funding sources, and funding 
responsibilities. These plans enable project managers to compare actual 
costs with planned expenditures, identify deviations, and take actions 
to address potential problems. A financial plan can also help control a 
project's costs after construction has begun by estimating the amount 
of funding needed to complete the project and the availability of that 
funding. This information helps an organization assess the impact of 
changes that can cause a project's schedule to slip and costs to rise. 
Because a financial plan can demonstrate the need for funding at 
particular times and the impact of funding delays on the project's 
costs and schedule, it can help an organization stay within cost 
estimates and keep their project on schedule as well as determine full 
funding needs.

As previously discussed, we found instances where the Kennedy Center 
did not have sufficient information to support the accuracy and 
validity of invoice payments, which may hamper the center's ability to 
detect erroneous or improper payments. Although challenges remain, the 
Kennedy Center has begun to take steps to improve its financial 
management of projects. As previously discussed, the Kennedy Center has 
developed a draft policies and procedures manual to guide the planning 
and execution of the construction process, but the manual is not 
comprehensive. It does not establish the minimum documentation 
requirements to support costs incurred. Also, as we recommended in 
September 2004, the 2004 update to the CBP includes updated budget 
information for current and future projects.

* Establish Accountability and Oversight for Prudent Use of Federal 
Resources--Best practices suggest that organizations be held 
accountable for adhering to planned budgets and schedules, achieving 
goals, and other project outcomes in order to ensure the prudent use of 
federal resources. By monitoring a project's performance against cost, 
schedule, and technical performance goals, as well as establishing 
incentives to meet those goals, organizations can increase the 
likelihood of the project's successful completion. Organizations can 
also hold project managers and other personnel accountable for the 
project's results. Capital projects can also face external factors 
during implementation, such as reductions in funding from federal, 
state, or local jurisdictions or changes in economic conditions that 
might affect accountability decisions. In such circumstances, external 
factors can be recognized and isolated, so project managers are only 
held accountable for actions and events within their control. In 
addition, the Construction Industry Institute has reported on 
accountability best practices that include having a defined, effective, 
and accountable project leadership; developing lessons learned; and 
facilitating a shared sense of accountability among project team 
members. Related to accountability, independent oversight of a project 
is a best practice designed to promote the prudent use of federal 
resources. Independent assessments help protect the federal investment 
in a project by reviewing the implementation of its plans, monitoring 
its construction, and reporting problems.

While past staff vacancies and turnover have limited holding staff 
responsible for planning and managing projects accountable for project 
results, the Kennedy Center has begun to make improvements. In 
September 2003, we recommended the Kennedy Center work to address human 
capital deficiencies, and since that time the center has hired new 
staff, including a director of capital projects. In addition, the 
Kennedy Center's draft policies and procedures delineates various 
project management office staff members' responsibilities and duties, 
including those related to project development, communication, and 
adhering to planned costs and schedules. This includes describing the 
responsibilities of the Kennedy Center's director of capital projects 
and project managers.

Regarding oversight, the Kennedy Center has had limited external 
reviews for how it manages capital projects and maintains assurance for 
federal funds. Besides our reports on the Kennedy Center, the 
Department of the Interior's OIG completed an audit related to parking 
garage improvements.[Footnote 32] As previously discussed, the Kennedy 
Center has been authorized to request the Smithsonian OIG to conduct 
audits related to the expenditure of federal funds on a reimbursable 
basis, which could include project management activities, but to date 
the center has made no such request. The Smithsonian Inspector General 
said that his office would respond to an audit request by the Kennedy 
Center and has conducted similar audit work for other external 
organizations. Although the IG Act does not require the Kennedy Center 
to establish an OIG, the center is required to report annually to 
Congress and OMB on its audit and investigative activities.[Footnote 
33] We found that the Kennedy Center has not complied with this 
requirement. Kennedy Center officials said that they were unaware of 
this requirement but plan to start complying with it this year.

The Kennedy Center has hired a public accounting firm to conduct yearly 
audits of the center's finances, and these reviews include all areas of 
Kennedy Center finances, the majority of which are not federal 
appropriations. However, the financial statement audit does not include 
a review and assessment of internal controls or other oversight 
typically performed by an Inspector General. The Kennedy Center Board 
of Trustees relies on information from its audit committee, which is 
part of its board. Audit committees can play a very important role in 
enhancing audit activities for their boards and organizations. Such a 
committee is a required element of the governance structure of publicly 
owned companies and a best practice for other types of organizations. 
In the federal government, audit committees and advisory committees are 
intended to protect the public interest by promoting and facilitating 
effective accountability and financial management.[Footnote 34] This is 
accomplished by providing management with independent, objective, and 
experienced advice and counsel, including oversight of audit and 
internal control issues. In the case of the Kennedy Center, the audit 
committee could facilitate the process of formalizing financial 
management policies and procedures, including related internal 
controls, and preparing for the ongoing oversight of the center.

In addition, the Kennedy Center Act authorizes the Board of Trustees to 
utilize or employ the services of any agency or instrumentality of the 
federal government or the District of Columbia on a reimbursable basis. 
To date, the Kennedy Center has not contracted with GSA or the D.C. 
Fire Marshal to review the center's fire policies.

* Incorporate the Interests of Diverse Stakeholders--Incorporating the 
interests of diverse stakeholders into a project can increase its 
chances of success. This is especially important during the planning 
stages, when considering stakeholders' interests can help project 
managers identify needs and problems and develop action plans to 
address them. Best practices suggest frequent communication and 
involvement through means such as meetings and correspondence. These 
approaches allow stakeholders like local governments and others to 
convey their concerns and problems and work with project managers to 
address them. Related to stakeholder best practices, the Construction 
Industry Institute has suggested aligning staff within an organization 
to share the same set of objectives throughout a project's life; 
partnering with other organizations; and team building to develop 
shared goals, interdependence, trust, and commitment and open 
communication, among other factors.

Currently, the Kennedy Center has not established comprehensive 
policies and procedures to include all center stakeholders in project 
management. According to Kennedy Center officials, the role of 
stakeholders in completing projects has been uncoordinated and 
responsibilities are unclear. While challenges remain, the Kennedy 
Center's drafting of a policy and procedures manual represents a 
positive step toward involving center stakeholders in project 
management. For example, the draft manual outlines and describes 
several center offices' involvement in various phases of project 
planning and construction.

Conclusions:

The Kennedy Center has made major capital improvements to the center 
since taking over management control in 1995, but inadequate management 
and oversight have at times undermined assurance over processes and 
programs for fire safety, construction, and financial management. Of 
immediate concern are questions about the Kennedy Center's compliance 
with some fire safety codes. Taking steps to better address fire life 
safety issues can only heighten confidence of the Kennedy Center and 
Congress that visitors are enjoying world-class performances in a safe 
facility. Questions also remain about the management of construction 
costs and accounting procedures associated with recording and paying 
for the renovations. Overtime charges resulting, in part, from 
aggressive schedules, a lack of comprehensive information about the 
construction sites, and a practice of negotiating the value of contract 
changes after the completion of contract work, helped drive the cost of 
each project we reviewed over budget.

Although the Kennedy Center has taken steps to improve project 
management, key mechanisms to ensure accountability and sound financial 
management practices in spending federal funds remain absent or only 
partially implemented. Specifically, without more detailed, 
transparent, and timely information on how funds have been budgeted and 
spent, the Kennedy Center Board of Trustees and Congress will lack 
timely and accurate information on projects and thus will lack 
reasonable assurance that the center is deploying its resources as 
intended. In addition, the Kennedy Center has never made use of any 
other federal accountability office--the Smithsonian OIG or another 
qualified entity--to review the management of programs employing 
federal funds. Establishing a continuing relationship with an OIG and a 
federal fire safety expert could help the center to minimize risks that 
future capital projects will encounter planning problems, budget 
overruns, or fire safety code deficiencies.

Recommendations:

In testimony on April 6, 2005, and in this report, GAO recommends the 
following:

1. The Chairman of the Kennedy Center Board of Trustees should exercise 
greater oversight of the center's management through the board. The 
Kennedy Center should work with the Smithsonian OIG, or another 
independent federal government oversight organization, to provide 
strategic and annual audit plans for ongoing oversight of the center's 
use of federal funds based on an analysis of risk, safety, and 
vulnerability to internal control weaknesses. These plans should also 
specify the audits to be provided on a reimbursable basis by the 
Smithsonian OIG or another independent federal government oversight 
organization.

2. To ensure the safety of the Kennedy Center, the Chairman of the 
Board of Trustees should direct the President of the Kennedy Center to 
do the following:

a. The president should take steps to better comply with the fire 
safety code. At a minimum, these steps should include fully 
implementing the conditions of the modeling study, ensuring that doors 
in key areas provide adequate separation from fire, and addressing the 
code deficiencies at the Millennium Stages.

b. The president should promptly seek peer review by a knowledgeable 
third-party of the egress and fire-modeling study used as a substitute 
for prescriptive code solutions and implement any recommendations. 
Additionally, the president should consult with recognized experts, 
such as GSA, to determine whether the Kennedy Center is fully adhering 
to prevailing professional practices regarding fire life issues.

3. To better align the Kennedy Center's management of capital projects 
with best practices, the Chairman of the Board of Trustees should 
direct the President of the Kennedy Center to implement the following 
five recommendations:

a. provide more timely and accurate information about capital projects 
by detailing their budget, scope, cost, and schedule and providing to 
stakeholders an annual reconciliation of the status of all planned, 
delayed, eliminated, and actual projects;

b. take steps to control cost growth and schedule changes in future 
capital projects by setting more flexible schedules and improving its 
management of contract modifications;

c. strengthen the Kennedy Center's financial management controls by 
designing and implementing comprehensive contract, financial, and 
project management policies and procedures in accordance with 
prescribed federal guidance--these policies and procedures should 
ensure that:

* the Project Management Office prepares inspection reports, or similar 
documents, when services are performed that include a description of 
the services performed and the date(s) or period of performance and use 
this information to verify the validity of contractors' invoices;

* complete, up-to-date costs for construction and other services are 
recognized and used to prepare quarterly financial reports and manage 
project costs;

* reasonable efforts are made to match invoices with inspection reports 
and previously paid invoices to prevent or detect duplicate payments;

* contractors' invoices meet minimum requirements and contain 
sufficient detailed information to clearly support the accuracy and 
validity of invoices; and:

* for Economy Act transactions, payments to other federal agencies are 
for actual costs consistent with the Economy Act agreement;

d. establish and enforce a documents retention policy that allows for 
accountability of the Kennedy Center's federal funds; and:

e. have relevant Kennedy Center offices develop as-built drawings and 
better track future changes to the center.

Agency Comments and Our Evaluation:

We provided a draft of this report to the Kennedy Center for its review 
and comment. The Kennedy Center stated that it had made a number of 
significant management improvements in recent years and will continue 
to do so. The Kennedy Center further noted that the scope of our 
current work may not have reflected these changes. In conducting our 
work, we reviewed the details of recent management changes that the 
Kennedy Center has made, but we were unable to gauge the impact of some 
of these changes since they are relatively recent in nature or still in 
development. The Kennedy Center agreed with several of our 
recommendations, but it disagreed with others. The Kennedy Center 
agrees that more oversight would be useful, but it is unsure what the 
best mechanism would be for providing such oversight. The Kennedy 
Center also believes that it is in compliance with fire code, but 
agreed to seek a third-party review of its approach to addressing 
certain fire code deficiencies. We continue to believe that the Kennedy 
Center needs to better comply with fire code by fully implementing the 
conditions of its fire-modeling study and addressing its fire door and 
Millennium Stage issues. The Kennedy Center agreed that it should 
improve its information about capital projects, its document retention 
practices, and its knowledge of site conditions at the center. However, 
it disagreed that it needed to strengthen its financial controls in 
some of the ways that we have recommended. For example, it believes 
that its information is up to date and plans to fully comply with the 
Economy Act. We carefully reviewed the Kennedy Center's concerns, and 
we continue to believe the Kennedy Center needs to strengthen its 
financial management controls in order to improve the quality of its 
financial records and better safeguard federal funds. The Kennedy 
Center also provided technical comments that we incorporated in this 
report as appropriate. The Kennedy Center's comment letter and our 
responses appear in appendix V.

We will send copies to the appropriate congressional committees, the 
Chairman of the Kennedy Center Board of Trustees, and the President of 
the Kennedy Center. We will also make copies available to others on 
request. In addition, the report will be available at no charge on the 
GAO Web site at [Hyperlink, http://www.gao.gov.].

If you or your staff has any questions, please contact me at (202) 512-
2834 or [Hyperlink, goldsteinm@gao.gov]. See appendix VI for a list of 
the major contributors to this report.

Sincerely yours,

Signed by:

Mark L. Goldstein:
Director, Physical Infrastructure Issues:

[End of section]

Appendixes:

Appendix I: Scope and Methodology:

To track the John F. Kennedy Center for the Performing Arts' (Kennedy 
Center) progress in completing key projects, we analyzed the center's 
audited financial statements and the invoices, contracting, finance, 
and additional project files for five major projects--the renovation of 
the Concert Hall, Opera House, and Eisenhower Theater; improvements to 
plaza-level public spaces; and the installation of a new fire alarm 
system--to the extent that records existed.[Footnote 35] We chose these 
projects because they were among the most costly or important projects 
related to fire safety and disabled access improvements included in the 
Kennedy Center's Comprehensive Building Plan (CBP).[Footnote 36] 
Complete files were not available for the Concert Hall or Eisenhower 
Theater due to these projects' construction taking place several years 
ago or being designated for future construction. In cases where we had 
incomplete data, we conducted follow-up meetings and requested 
additional information from Kennedy Center officials. On the basis of 
these exchanges, we obtained financial data that allowed us to 
establish budget estimates for each of the projects, and against which 
we could compare actual costs.

To further verify status of the five major projects, we toured the 
Kennedy Center to visually examine the theaters, public spaces, and 
other fire safety and disabled access improvements. In the case of the 
Opera House and Concert Hall construction contracts, we obtained the 
original contract award documents and copied the records for each of 
the contract modifications (43 modifications were made during the Opera 
House renovation, and 58 modifications were made during the Concert 
Hall renovation). With this information, we were able to determine 
specific reasons for cost growth relative to these two projects. Thus, 
we determined that project status and cost data were sufficiently 
reliable for the purpose of our review.

We also reviewed federal authorization and appropriation laws; the 
Public Buildings Act, as amended, and implementing regulations; the 
John F. Kennedy Center Act, as amended; the Americans with Disabilities 
Act, as amended; the Economy Act; Kennedy Center budget justifications; 
the CBP and its various updates; our past work; and Kennedy Center 
depreciation schedules. Sources of these data included the Kennedy 
Center's CBP (including updates), the Kennedy Center Finance Office, 
Kennedy Center's audited financial statements, Kennedy Center Budget 
Justifications to Congress, Kennedy Center Operations Committee Meeting 
Agendas, and our past reports on the center. In developing our 
findings, we corroborated the capital program's financial data through 
(1) a comparative analyses of the data resources, (2) resolving 
differences and conflicts in the data sets, and (3) discussing data 
interpretations with GAO and Kennedy Center officials. We also met with 
Kennedy Center officials from the Project Management, Contract, and 
Finance Offices to verify our findings related to the center's 
financial management and contracts system. Thus, we determined that the 
Kennedy Center's financial data were sufficiently reliable for the 
purpose of our review.

To evaluate the timeliness and accuracy of the Kennedy Center's 
communications, we conducted a comprehensive review of records, 
including minutes from the Kennedy Center Board of Trustees' meetings, 
minutes and agendas of the board's Operations Subcommittee meetings, 
all editions of the CBP published since 1995, annual budget 
justifications to Congress since 1995, and center officials' testimony 
before Congress since 1995. In addition, we interviewed the Smithsonian 
Institution's Office of the Inspector General (OIG) officials to verify 
what OIG oversight mechanisms currently exist for the Kennedy Center.

To assess the Kennedy Center's compliance with fire life safety and 
disabled access requirements, our licensed engineering staff conducted 
site visits, and we contracted an independent expert assessment of the 
center's compliance with applicable fire safety code and disabled 
access requirements. We followed GAO internal controls for reviewing 
the expert's qualifications to conduct the work, reviewing and 
finalizing the resulting contract, and verifying the expert's 
independence. We accompanied the experts on tours of the Kennedy Center 
to examine fire safety and disabled access issues. Our independent 
experts and we reviewed the Kennedy Center's Egress and Fire Modeling 
Study of the Grand Foyer, Hall of States, and Hall of Nations, but we 
did not conduct an analysis of the quality or accuracy of the study and 
its assumptions. For purposes of our analysis of the Kennedy Center's 
fire life safety code compliance, we took the center's ongoing and 
planned fire life safety upgrades into consideration when identifying 
deficiencies, and we did not identify deficiencies for cases where 
upgrades or improvements were planned. In addition to our expert's 
work, we reviewed fire safety codes and interviewed officials from the 
General Services Administration (GSA) and the D.C. Fire Marshal on fire 
safety issues.

To identify best practices for managing capital projects, we reviewed 
our previous work on best practices for project management.[Footnote 
37] We supplemented our best practices work with past GAO 
recommendations to the Kennedy Center--as well as best practices from 
the Construction Industry Institute. We determined that these best 
practices sources were pertinent based on our previous work on best 
practices and our past citations of the Construction Industry Institute 
related to effective project management.

We conducted our review from August 2004 to March 2005 in accordance 
with generally accepted government auditing standards.

[End of section]

Appendix II: Appropriations to the Kennedy Center for Capital Repairs 
and Alterations:

Table 1 lists the appropriations to the Kennedy Center for capital 
repairs and alterations under the CBPs.

Table 1: Appropriations to the Kennedy Center for Capital Repairs and 
Alterations under the CBPs:

Fiscal Year: 1995; 
Amount appropriated: $8,982,810[A].

Fiscal Year: 1996; 
Amount appropriated: $8,983,000.

Fiscal Year: 1997; 
Amount appropriated: $12,400,000[B].

Fiscal Year: 1998; 
Amount appropriated: $9,000,000.

Fiscal Year: 1999; 
Amount appropriated: $20,000,000.

Fiscal Year: 2000; 
Amount appropriated: $19,924,000[A].

Fiscal Year: 2001; 
Amount appropriated: $19,956,000[A].

Fiscal Year: 2002; 
Amount appropriated: $19,000,000.

Fiscal Year: 2003; 
Amount appropriated: $17,485,600[A].

Fiscal Year: 2004; 
Amount appropriated: $15,802,848[A].

Fiscal Year: 2005; 
Amount appropriated: $16,107,082[A].

Source: GAO analysis of federal appropriations for capital projects.

[A] In these years, the Kennedy Center's appropriations for capital 
projects were reduced by rescissions to the budget authority for most 
government agencies and entities receiving appropriated funds.

[B] In fiscal year 1997, the Kennedy Center received an additional $3.4 
million for capital projects to address antiterrorism requirements.

[End of table]

[End of section]

Appendix III: Status of Previous GAO Recommendations to the Kennedy 
Center:

Recommendations from [Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-
04-933]:

* GAO recommendation: To help congressional decision makers oversee the 
capital projects at the Kennedy Center and make funding decisions, the 
President of the Kennedy Center, in conjunction with the Chairman of 
the Board of Trustees, should annually update the CBP, as required, and 
include (1) the prioritization of projects, (2) project status, and (3) 
updated budget information for planned and ongoing projects.

Response: The Kennedy Center agreed with the recommendation. The center 
indicated that annually updating and implementing the CBP could help 
guard against a recurrence of severe deterioration of the facility and 
should ultimately reduce public costs of operations and maintenance. 
While the CBP serves as the primary management tool for capital project 
planning, the Kennedy Center does not view it as the primary vehicle 
for understanding progress in implementing its renovation work.

The Kennedy Center published a CBP update in November 2004. According 
to Kennedy Center officials, the center now plans to annually update 
the plan as required. Furthermore, the 2004 update of the plan includes 
prioritization of ongoing projects, project status, and updated project 
budget information. While it also lists projects completed since 2002, 
the 2004 CBP does not include budgets or expenditures for these or 
other past projects completed since 1995.

Recommendations from [Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-
03-823]:

* GAO recommendation: To help improve the Kennedy Center's ability to 
manage and oversee its construction program, the President of the 
Kennedy Center, in conjunction with the Chairman of the Board of 
Trustees, should develop comprehensive project management policies and 
procedures to guide the planning and execution of the construction 
process.

Response: The Kennedy Center generally agreed with the recommendation 
and indicated that it intended to update and strengthen its 
construction management policies. The Project Management Office has 
drafted a policy and procedure manual, which we received in December 
2004. The manual outlines roles and responsibilities for project 
management staff and defines standard operating procedures for managing 
projects, such as estimating design and construction costs. However, 
the policies and procedures remain in draft form, other groups involved 
in capital project management, such as the Contracts Office, have not 
published policies and procedures, and the Kennedy Center does not have 
key overarching policies, such as a document retention directive.

* GAO recommendation: To help improve the Kennedy Center's ability to 
manage and oversee its construction program, the President of the 
Kennedy Center, in conjunction with the Chairman of the Board of 
Trustees, should ensure development and use of timely data to oversee 
construction projects and measure results.

Response: The Kennedy Center agreed to start pursuing monthly project 
management reports and detailed information at weekly progress meetings.

* GAO recommendation: To help improve the Kennedy Center's ability to 
manage and oversee its construction program, the President of the 
Kennedy Center, in conjunction with the Chairman of the Board of 
Trustees, should ensure that the needs for human capital expertise are 
met.

Response: The Kennedy Center generally agreed with the recommendation. 
Since the report was issued, the center has hired a Contracts Chief and 
a Director of Capital Projects to lead the Project Management Office.

[End of section]

Appendix IV: February GAO Management Letter Sent to The Kennedy Center:

United States Government Accountability Office:
Washington, DC 20548:

February 4, 2005:

Mr. Michael M. Kaiser:
President:
John F. Kennedy Center for the Performing Arts:

Dear Mr. Kaiser:

As you know, we are currently reviewing the John F. Kennedy Center for 
the Performing Arts' (Kennedy Center) Comprehensive Building Plans for 
the House Committee on Appropriations, Subcommittee on Interior and 
Related Agencies. We are writing this letter to confirm and elaborate 
on our January 28, 2005, telephone conversation, in which we raised 
several issues related to fire safety at the Kennedy Center. This 
letter represents an interim discussion of our concerns, which will be 
finalized and provided to you once we have completed our review.

We have determined, based on our expert consultant's assessment, that 
the Kennedy Center may not be meeting certain fire safety requirements. 
The law the Kennedy Center follows with regard to facility construction 
or alteration requires that the Kennedy Center be in compliance with 
nationally recognized model building codes and other applicable 
nationally recognized fire and life safety codes to the maximum extent 
feasible. (40 U.S.C. § 3312) The Kennedy Center policy on building 
codes states that, where feasible, it will comply with International 
Building Code, as well as selected provisions of the National Fire 
Protection Association Life Safety Code (NFPA 101). While conducting 
our review of the Kennedy Center's Comprehensive Building Plans, we 
found that the Kennedy Center appears not to be complying with certain 
aspects of NFPA 101, including those portions of the code relating to 
exiting the building during a fire.

Over the last decade, several Kennedy Center reports identified fire 
safety deficiencies in the Grand Foyer, Hall of States, and Hall of 
Nations, including that exit paths through these spaces may not protect 
occupants from fire. To address this exit deficiency, NFPA 101 allows 
two approaches-to adhere directly to the fire safety code (such as 
the installation of a sprinkler or smoke evacuation system) or to 
provide an alternative that offers equal or superior protection. The 
Kennedy Center has chosen the second approach and used its 2003 egress 
and fire modeling study[Footnote 38] as the basis for addressing the 
exit deficiency, specifically as it relates to the discharge of 
occupants from the facility. The study indicates that, in the event of 
a fire, the time needed for evacuation is less than the time it would 
take for these spaces to become untenable if certain steps, described 
below, are taken. Based on the results of this study, the Kennedy 
Center has reversed its earlier plan of installing a fire suppression 
system and smoke evacuation system in the Grand Foyer, Hall of States, 
and Hall of Nations.

To ensure that the actual conditions in the Kennedy Center meet the 
assumptions used in the model, the Kennedy Center's study recommends 
specific actions, some of which have not been taken. Specifically, we 
found no evidence of a policy or program to manage the storage of 
combustible materials, nor did we find sprinklers at the Millennium 
Stages as recommended in the study. As a result, the Kennedy Center 
does not meet the conditions upon which the study was based and, 
therefore, falls short of providing the level of protection intended by 
the code.

Because the Kennedy Center is the authority having jurisdiction for 
life safety decisions at the facility, pursuant to NFPA 101, Chapter 5, 
management is responsible for determining and documenting that (1) the 
modeling study establishes equal or superior protection to the use of a 
fire suppression system and smoke evacuation system to address the exit 
discharge deficiency; and (2) the Kennedy Center stakeholders, such as 
the Board of Trustees, accept and adopt the terms of the study. The 
Kennedy Center has not documented that either of these determinations 
have been made.

Moreover, our review found that the Kennedy Center has not specifically 
addressed the need for additional outside exits[Footnote 39] or the 
installation of fire-protected exit passageways, as required by NFPA 
101, Chapter 7. We also identified two additional deficiencies, based 
on NFPA 101, that are of immediate concern. First, there are no fire 
rated doors in critical areas, such as the exits from the upper 
assembly areas of the Concert Hall, the fire pump room, and the Fire 
Command Center. Second, several fire-safety related problems were 
evident with the Millennium Stages. The stages are located in dead ends 
of the Grand Foyer, a configuration that poses an egress 
deficiency.[Footnote 40] Additionally, NFPA 101, Chapter 13, indicates 
that the stages must have a smoke control system that is integrated 
with a sprinkler system and smoke detectors over the stage area. These 
systems have not been installed.

Although we recognize that the Kennedy Center has discretion in 
complying with fire safety codes in that it is required to comply to 
the maximum extent feasible, it is our opinion that the seriousness of 
our findings and the life safety issues they raise require your 
immediate attention. Upon your receipt of this letter, we would be 
willing to answer any questions or provide further information to you 
and your staff.

In the meantime, we are continuing our review of the Comprehensive 
Building Plans and related fire safety issues. We will include the 
issues raised in this letter, and any actions that you take to resolve 
them, along with other findings we present in our final report.

If you have any questions, please contact me at (202) 512-2834 or at 
[Hyperlink, goldsteinm@gao.gov].

Sincerely yours,

Signed By:

Mark L. Goldstein:
Director, Physical Infrastructure Issues:

[End of section]

Appendix V: Comments from the John F. Kennedy Center for the Performing 
Arts:

The John F Kennedy Center for the Performing Arts:

April 4, 2005:

Mr. Mark L. Goldstein:
Director, Physical Infrastructure Issues:
United States Government Accountability Office:
441 G St. NW:
Washington, DC 20458:

Dear Mr. Goldstein:

On behalf of the Trustees and the staff of the John F. Kennedy Center 
for the Perfonning Arts, we want to thank you and your team from the 
Government Accountability Office for forwarding the draft report, 
"Stronger Oversight of Fire Safety Issues, Construction Projects, and 
Financial Management Needed", received March 21, 2005, with 
modifications received March 28, 2005.

We appreciate the time and thoughtfulness of the GAO team that 
completed this evaluation and we acknowledge the extraordinary effort 
the team has given this project over the past 15 months. We acknowledge 
that this review will assist us in our continuing efforts to improve 
all aspects of Kennedy Center management. However, the report also 
includes many sweeping statements, surrounded by qualifiers, which are, 
therefore, misleading. In addition, in our opinion, many of the 
conclusions are inaccurate.

The Board of the Kennedy Center take seriously its responsibility to 
keep our building, a Federal asset and a Presidential memorial, in the 
best condition possible.

Maintaining a safe, accessible and functional building is essential 
since, each year, the Kennedy Center reaches over 2 million people with 
more than 2,000 performances in all performing arts disciplines.

The Center has completed a vast majority of the projects outlined in 
its initial comprehensive building plan developed in 1995 and continues 
to implement the plan which has been updated most recently in November 
2004. The implementation plan and the associated budgets are fluid 
documents. Projects are evaluated and re-prioritized continually 
throughout the year as specific details and drawings are developed for 
each project and more detailed and accurate budgets are developed. The 
Center makes every effort to spend its appropriated funds prudently and 
expeditiously. As the environment, appropriations levels, the economy 
and Center programming changes, the renovation plan is changed 
accordingly.

The Center believes that we have made significant strides to improve 
the management of capital projects. The tone and content of the report 
implies that the Center is not addressing previous recommendations made 
by GAO and that there continue to be pervasive problems with capital 
project management. The Center has learned a significant amount in the 
past ten years regarding project management, the existing conditions of 
the building, the development of budgets and the resources available to 
assist in maintaining strong oversight. Several of the projects 
referenced in the report were initiated in the early stages of the 
project management office. The infancy of the department contributed to 
incomplete budget development and cost overruns due to expansion of 
scope of work after the project contract was awarded. For example, 
budgets for three of the four projects singled out in the report 
included no contingency. By our own admission, such tight budgets were 
irresponsible, because unknown conditions, errors and omissions and 
owner changes are a fact of life in all construction projects. That 
being said, however, the Center's expenditures for projects were 
neither irresponsible nor wasteful. Cost and schedule changes were 
fully controlled; it was simply a case of naive budget development.

Our budgets are now developed using a comprehensive approach that 
allows all elements of a project to be considered and that includes 
design, construction and owner contingencies. In this ever-changing 
economic climate, such contingencies are particularly important. As 
design and construction progresses on a project, the budget is 
continually tested and revised as necessary. For these purposes, the 
Center utilizes expert construction estimating, budgeting and 
scheduling consultants for assistance.

The Center will continue to improve its management and policies and 
procedures. We anticipate that independent oversight through strategic 
and annual audits will assist in strengthening controls and management.

The Center's financial management controls are strong, and the 
financial information is accurate and complete. Federal resources are 
being appropriately safeguarded and the Center's financial reporting is 
designed to ensure complete, accurate and transparent information for 
its stakeholders.

The report also makes recommendations to ensure the safety of the 
Center. We strongly disagree with the supposition that the Kennedy 
Center is out of compliance with the fire safety code. A fire modeling 
study, conducted by registered fire protection engineers, was completed 
in November 2003 and showed that a performance-based approach would 
meet the goals and objectives of the code. More specifically, the 
Kennedy Center's egress and fire modeling study showed that the goals 
and objectives of the code would be met without additional exits or the 
addition of a smoke evacuation system or sprinklers throughout the Hall 
of States, Hall of Nations and Grand Foyer (including the Millennium 
Stages). The Center is currently implementing the recommendations of 
the modeling study and is undertaking a complete survey of doors to 
assure they provide adequate fire separation.

The Kennedy Center has consistently used Registered Fire Protection 
Engineers (the highest qualification in the field) to perform fire 
protection and life safety assessments and designs. However, it is 
noted that GAO's consultants, upon whose conclusions the report is 
based, are not Fire Protection Engineers. Additionally, the Center has 
engaged the Smithsonian Institution's Office of Safety and 
Environmental Management to conduct an independent review of the issues 
raised by GAO in their report. Specifically, the review will include an 
assessment of the performance-based design for the Grand Foyer, Hall of 
States, and Hall of Nations, and the dead end issue at the Millennium 
Stages.

The details of the GAO draft report are addressed below.

Fire Life Safety:

The Kennedy Center was originally constructed between 1966 and 1971 in 
accordance with applicable building codes. Since that time, the codes 
and standards to which it conformed have been substantially modified. 
As a federal entity, the Center is its own authority having 
jurisdiction over the property, and as such, adopts the particular 
codes and standards that it will follow. In October 2004, it formally 
adopted a list of updated building codes. This policy, in line with the 
requirements of the Public Buildings Amendments of 1988, 40 United 
States Code (U.S.C.) 3312, requires that any construction or renovation 
project at the building shall, to the extent feasible, be in compliance 
with up-to-date nationally recognized model building codes. In general, 
this does not mean that existing portions of the building need to be 
modified each time new versions of the building codes are released. 
Rather, at the time of design contract award, the Center will follow 
the current version of the codes for the portion of the building in 
design for construction or renovation.

Given the above, it is incorrect to suggest that the Center is out of 
compliance where it is voluntarily upgrading existing life safety and 
fire protections systems (e.g., sprinklers) to meet the current 
building code requirements for new construction. The Life Safety Code 
(NFPA 101), which includes some retroactive standards for existing 
buildings, recognizes that there might be situations where applying 
such requirements to existing situations is not practical. To address 
this issue, the code provides the authority having jurisdiction with 
the latitude to modify standards and/or phase their implementation as 
needed.

The Center's 2002 Comprehensive Building Plan identified several fire 
and life safety deficiencies based on current building codes and 
standards. Center management decided, where feasible, to systematically 
bring the entire building up to current life safety and fire protection 
standards. These upgrades are occurring through a phased process of 
comprehensive renovations (e.g., the Opera House renovation) and a life 
safety improvement project that addresses life safety issues not 
covered by the discrete renovation projects.

NFPA 101 provides two options for achieving compliance:

1. A prescriptive-based life safety design is the traditional approach. 
Each applicable requirement is met individually, after which the 
resultant level of life safety is deemed to meet the overall goals and 
objectives of the code.

2. A performance-based life safety design is exempt from the myriad 
prescriptive, specification-based requirements of the code (with the 
exception of a few retained provisions) and uses complex fire and 
egress modeling to show that the design meets the overall goals and 
objectives of the code.

The Center is using both prescriptive-based and performance-based 
solutions to address the identified deficiencies, although most could 
be fixed using prescriptive code solutions. For example, prescriptive 
code solutions are being used to provide fire separations between the 
main theaters and the Hall of States, Hall of Nations and Grand Foyer 
and will be completed during the Eisenhower Theater renovation and Life 
Safety Improvement projects.

Recognizing that an existing exit discharge deficiency could not be 
resolved through prescriptive code solutions without detracting from 
the uniqueness and landmark nature of the building, the Center's fire 
protection consultants recommended an egress and fire modeling study to 
determine whether a performance-based approach would meet the goals and 
objectives of the code for the Grand Foyer, Hall of States, and Hall of 
Nations. In simple terms, this type of study looks at existing 
conditions and uses the results to determine the fire and life safety 
improvements that would be necessary to allow for the safe evacuation 
of building occupants in a fire emergency. The Center's plan to conduct 
a performance-based engineering evaluation of the building, including 
fire modeling analysis and timed egress studies, to develop and confirm 
the design recommendations was stated in Michael Kaiser's testimony of 
September 10, 2003 before the House Subcommittee on Economic 
Development. Public Buildings and Emergency Management.

The modeling study, completed in November 2003, showed that, with the 
assumptions and approximations noted in the report, a performance-based 
approach would meet the goals and objectives of the code. More 
specifically, the Center's egress and fire modeling study showed that 
the goals and objectives of the code would be met without the addition 
of a smoke evacuation system or sprinklers throughout the Hall of 
States, Hall of Nations and Grand Foyer (including the Millennium 
Stages). As such, the performance-based design for this area does not 
include prescriptive solutions such as sprinkler and smoke control 
systems at the Millennium Stages. The results of the study changed our 
approach to fire safety, in certain instances, from those outlined in 
previous comprehensive building plans, the majority of which were 
conducted before performance-based design was an option. The 
installation of sprinklers throughout the rest of the building is still 
scheduled for completion by planned renovations, e.g., Eisenhower 
Theater project and the Life Safety Improvements Project.

It should be noted that this study included a second trial design that 
was conducted for the South Millennium Stage fire scenario (as part of 
a sensitivity analysis). For this second trial design, the heat release 
rate of the fire was increased significantly to represent a much larger 
fire. While this fire size was not considered a credible fire for the 
Millennium Stage, it demonstrated that the design would likely require 
a fire three times the size of the worst credible fire to have the 
first performance criterion (i.e., visibility in the Grand Foyer) fail. 
Additionally, the fire loading of the Millennium stages is very 
limited; the stages do not have the overhead stage rigging capability 
or wing space that could potentially store significant quantities of 
scenery or drops.

The validity of the study's conclusions rely on the correction of some 
of the prescriptive code deficiencies outlined in the 2002 
Comprehensive Building Plan, as well as those specifically retained by 
NFPA 101 for performance-based solutions. Some of these deficiencies 
are being addressed in the planned renovation projects such as the 
Eisenhower Theater renovation. The remaining deficiencies are being 
addressed in the Life Safety Improvements Project. In addition, the 
Center's consultants provided recommendations to reduce evacuation 
time, limit fuel load, and maintain the building's fire protection 
systems. All of these items are in progress.

It should be recognized that GAO's reference to the Society of Fire 
Protection Engineers survey, when trying to illustrate that "code 
officials are hesitant or reluctant to accept performance-based 
designs," offers statistics that are not particularly relevant. The 
Society of Fire Protection Engineers survey was completed at the 
conclusion of awareness-level workshops conducted in 2000, only months 
after performance-based design was introduced as a compliance option 
for NFPA 101. Presumably, the workshops represented the introduction of 
performance-based design concepts for the responding participants, of 
which only 10% were engineers or designers. Therefore, it is not 
surprising that the majority of the respondents did not characterize 
themselves as being comfortable with performance-based design.

It should also be noted that GSA accepts a performance-based approach. 
In its 2003 Facilities Standards for the Public Buildings Service (P 
100), Chapter 7, Fire Protection Engineering, GSA outlines its 
technical fire protection requirements and design criteria for GSA 
facilities. In Section 7.1; General Approach, the section on 
applicability states that, far from being hesitant or reluctant to 
accept performance-based designs, "Performance-based designs are 
encouraged." The same section later states "Deviations from established 
requirements are allowed when the Design Team's registered fire 
protection engineer performs an assessment that analyzes the risks. " 
In fact, performance-based designs have been used for both new and 
existing federal buildings in the Washington, D.C. area.

The Center does not agree that the Millennium Stages are located at 
dead ends as stated in the draft report received on March 21". A dead 
end is described in NFPA 101, Annex A as a situation where "an occupant 
enters a corridor thinking there is an exit at the end and, finding 
none, is forced to retrace the path traveled to reach a choice of 
egress paths." In the case of the Millennium Stages, the Grand Foyer is 
not a corridor and a situation does not exist where a person would 
enter the area thinking there is an exit at the end and, finding none, 
would be forced to retrace the path traveled to reach a choice of 
egress paths. Qualified architects and registered fire protection 
engineers have conducted multiple life safety studies at the Center and 
none of these experts considered these spaces to be dead ends.

To allay GAO's concerns about fire and life safety in the building, the 
Center shall utilize the Smithsonian Institution's Office of Safety and 
Environmental Management to conduct an independent review of the issues 
raised by GAO in their report. Specifically, the review shall include 
an assessment of the performance-based design for the Grand Foyer, Hall 
of States, and Hall of Nations, and the dead end issue at the 
Millennium Stages.

In regards to the acceptance of the modeling study, the Center agrees 
that further documentation is required. However, NFPA 101 does not 
require the Center management to document that the modeling study 
establishes equal or superior protection to the use of a fire 
suppression system and smoke evacuation system to address the exit 
issue, as stated in the GAO report. Rather, the Center must document 
that the design meets the life safety goals and objectives outlined in 
NFPA 101, Sections 4.1 and 4.2. The Center must also document: (1) 
approval of the building as a performance-based design with certain 
specified design criteria and assumptions; and (2) the need for 
required re-evaluation and re-approval in cases of remodeling, 
modification, renovation, change in use, or change in established 
assumptions. This documentation will be finalized before construction 
completion and operational control implementation.

GAO also questioned whether certain fire doors have an appropriate fire 
rating, in part because several of the doors inspected have paint over 
their rating labels. The Center recognizes that this condition exists 
in various areas throughout the building. Therefore, the Center will 
engage a qualified contractor to conduct a survey of all fire door 
assemblies so they can be repaired, replaced, or re-certified and re-
labeled.

To provide for third-party review and assistance on significant future 
life safety and fire protection issues, the Center shall set up an 
inter-agency agreement with the Smithsonian Institution's Office of 
Safety and Environmental Management. This office has the requisite in-
house resources for this task and has a solid understanding of the 
particular needs of historic/landmark structures and cultural 
activities.

Financial Reporting:

One of the overriding goals of the Center's finance office is to 
provide complete and accurate accounting information to the Center's 
stakeholders, including management. To this end, the Center has 
established procedures for recording financial transactions in the 
general ledger. These written procedures were provided to GAO during 
their engagement. GAO expressed concern about a lack of a comprehensive 
set of policies and procedures. While the Center can always improve the 
documentation of procedures and is working with the project management 
and contracting office to complete a comprehensive policies and 
procedures manual for construction activity, the existing procedures 
were evident and utilized by Center personnel in the execution of their 
duties.

The Center's existing financial systems and reporting considerations 
were developed with the needs, and in some cases the specific requests, 
of the Center's stakeholders in mind.

For example, summarized financial information pertaining to capital 
project obligations is periodically provided to OMB and Congress.

The Center's stakeholders exhibit financial oversight of the Center 
mainly through the review of the Center's annual financial statement 
audit. The Center's audit committee reviews the Center's comprehensive 
GAAP financial statement audit annually. The annual financial statement 
includes a complete accrual of all costs, including construction costs, 
incurred through the end of the fiscal year. GAO has suggested that 
interim status reports could include construction costs that have not 
yet been invoiced; we believe it is more helpful to include those funds 
that have been obligated.

To best safeguard federal assets and use these precious resources most 
expediently, the Center monitors project activity primarily through 
obligations, which track contractual commitments. By the time expenses 
are incurred through work completed it would be far too late to make 
any adjustments to a project in order to manage the budget. The time 
for those adjustments would be before obligations are made. Therefore, 
monitoring project budget obligations is more meaningful than 
monitoring expenses incurred.

GAO expressed concerns that certain transactions with the U.S. Army 
Corps of Engineers (the Corps) were not properly supported when paid by 
the Center and that the Center did not follow the guidelines of the 
Economy Act to ensure that costs charged to the Center by the Corps 
reflect actual costs incurred.

The Center engaged the Corps to manage the Fire Alarm Project on behalf 
of the Center through an interagency agreement. The Corps, in turn 
engaged Johnson Controls to perform the project. Johnson Controls 
submitted invoices to the Corps for payment throughout the project. The 
Center would review the Johnson Controls invoices for reasonableness 
prior to the Corps remitting payment. The Corps would then invoice the 
Center for reimbursement (along with overhead incurred by the Corps). 
The invoices submitted to the Center by the Corps were summarized 
invoices, which were certified complete and accurate by the Corps. 
These amounts were reviewed and approved by the Center's Project 
Management Office and the Contracting Office for reasonableness, based 
on its knowledge of the project status and review of the Johnson 
Controls invoices. This procedure allowed the Center to reject payments 
if the Corps invoices were deemed unreasonable. Based on this review, 
the Center believes the Corps invoices were appropriately supported and 
management exhibited the appropriate diligence in relinquishing payment 
for these invoices.

In addition, a provision of the Economy Act states that "A bill 
submitted or a request for payment is not subject to audit or 
certification in advance of the payment. Proper adjustment of amounts 
paid in advance shall be made as agreed to by the heads of the agencies 
or units on the basis of the actual costs of goods or services 
provided." The responsibility for ensuring that Johnson Controls 
invoices were adequately supported initially fell to the Corps. The 
Center's decision to pay the Corps' summarized invoices (based on the 
Center's knowledge of the underlying Johnson Control invoices and 
related project) was justified. We believe the provisions of the 
Economy Act support such treatment.

The Center has just begun project closeout procedures with the Corps on 
this project. To ensure further compliance with the provisions of the 
Economy Act, the Center will reconcile amounts paid to the Corps to 
ensure that all amounts paid reflect actual costs of goods and services 
provided. This review will determine whether Johnson Controls costs are 
properly supported and that Corps overhead charges reflect actual 
charges incurred by the Corps.

In summary, the Center believes that the financial information for 
projects reviewed by GAO was accurate and complete, and that federal 
resources were appropriately safeguarded.

Project Management:

The mission of the Kennedy Center, based on its enabling legislation, 
is to be a living memorial to the nation's 35 `h President while also 
being the national center for the performing arts. The Center, with the 
knowledge and input of its Board of Trustees, prioritizes the capital 
needs of the Center, while taking into consideration: (1) the 
disruption to the overall Center caused by construction; (2) the 
comfort and safety of our patrons; and (3) the need to be accountable 
to our stakeholders, who provide the necessary resources to help us 
meet our mission. The uniqueness of the Center and its operations 
present unique constraints and challenges and must be considered when 
formulating general recommendations.

The GAO draft report provides criticism of the Kennedy Center's project 
management practices in terms of cost control and communication. The 
basis for this criticism is a detailed investigation of four 
construction projects. The last major construction work for each of the 
four projects examined was completed in December 2003, with the 
exception of a small phase of the Public Space Improvements project. We 
therefore take exception to the validity of these findings as a state 
of current project management at the Kennedy Center and the assertion 
that a number of significant "ongoing" issues remain. (The Eisenhower 
Theater renovation project was also briefly examined but since the 
planning for this project is in its early stages, no conclusions were 
drawn.)

The Kennedy Center has made significant strides in the improvement of 
its capital project management program. Since the issuance of the 2003 
and 2004 reports, the Center has hired a Director of Capital Projects 
with responsibility for overseeing the capital project activity of the 
Center. The Center has also modified its budgeting processes and has 
drafted a comprehensive policies and procedures manual for capital 
projects that covers much of the subject matter discussed in the GAO 
draft report. This draft document consists of over 100 pages of 
standard design and construction procedures, financial management 
considerations, and dozens of additional pages of applicable standard 
forms. The best practices noted by GAO in their draft report are 
considered in this manual and have been utilized by the Center in the 
management of current activities and construction projects currently 
underway, which were not reviewed by the GAO.

We acknowledge that the Opera House, Concert Hall, and Fire Alarm 
projects experienced cost overruns due to modifications during 
construction. We do not defend the magnitude of the changes nor do we 
dispute the need to improve upon the performance of those projects. In 
fact, we have taken many steps to better our management methods, some 
of which are acknowledged in the report, but many of which are not.

The earliest project referenced is the Concert Hall project. The 
construction phase for this project occurred in 1997, over seven years 
ago. The senior management team has changed substantially since that 
time. We acknowledge that some issues of cost control existed for this 
project, the first theater renovation conducted by the Kennedy Center, 
but stress that many improvements in our practices have been made since 
that time. Because the Kennedy Center's project management office had 
recently been created, the U.S. Army Corps of Engineers was retained to 
manage the work and some reliance was placed upon them for technical 
advice and expertise. The Fire Alarm project, also a U.S. Army Corps of 
Engineers project, experienced significant cost growth for a variety of 
reasons, including unexpected asbestos abatement requirements and an 
inability to re-use existing system components as originally planned. 
As with the Concert Hall, this project predates the September 2003 GAO 
report.

Of the projects discussed, the GAO report provides the most detailed 
information describing the issues and challenges related to the Opera 
House project. We cannot stress enough the unique nature of this 
project. Completing an entire Opera House renovation in just 1 I months 
minimized the amount of foregone perfonnance and education programming 
and ticket revenue. In our opinion, overtime charges were warranted in 
order to meet our schedules and to deal with the unforeseen conditions 
encountered in the project.

The GAO draft report states that the Kennedy Center "may have" overpaid 
for change orders and project modifications due to the practice of 
negotiating the price after the work was complete. GAO did not perform 
any analysis of change order pricing or negotiation. No cost estimating 
was performed by GAO, and no schedule analysis was conducted to 
determine the impact of delay to the critical path of individual 
changes. GAO did not review or evaluate information related to change 
order proposals, such as the contractor's submitted amount versus the 
final negotiated values. The report does not provide facts that support 
a conclusion that the Kennedy Center overpaid.

We also do not agree that our practices have led to overpayment. The 
Kennedy Center followed the most fiscally responsible avenue for 
managing the construction given the constraints related to the 
projects. We agree that this method should not be standard practice for 
all situations, and in fact there are many instances on the theater 
projects where prices were negotiated prior to work implementation. The 
Kennedy Center works very diligently on all negotiations to ensure fair 
and reasonable pricing for the Government.

The overriding factor on the theater renovation projects is time. If 
the Kennedy Center had negotiated prices prior to work, delays to the 
project would have occurred. Delaying the projects to negotiate change 
orders before proceeding with the work would lead to charges from the 
contractor for extending the project schedule or for working overtime 
to make up for the delay. GAO has not provided an analysis of this 
tradeoff. A proper assessment of this situation would consist of an 
evaluation of each change as it relates to the critical path of the 
project, an estimate of the amount of time required to perform an 
Independent Government Estimate and to negotiate, and the resultant 
delay to the project. Subsequently, the contractors' general conditions 
costs could then be calculated on a per-day basis to determine the cost 
of the delay. That cost would undoubtedly be substantial over the 
course of the project, and in our opinion, it would far outweigh any 
potential savings that might occur from establishing a fixed price 
prior to performing the work. No quantitative analysis of these 
considerations was provided in the draft report.

In general, on the topic of change order negotiations and overtime 
payments, the unusual and pervasive issues related to the unique nature 
of our theaters, their renovations, and the constraints involved have 
not been considered in the report. Kennedy Center theater renovation 
project schedules simply cannot be extended when a problem is 
encountered in order to perform negotiations that would possibly, but 
not definitely, save a fraction of the modification costs. The Center 
believes that its actions were appropriate and in accordance with 
industry practice.

The report states that the Kennedy Center does not have as-built 
drawings of the existing construction. This is partially true. As-built 
drawings from the original construction do exist, but not for all 
areas, and in the case of the Opera House and Concert Hall renovation 
projects, the drawings were not completely accurate. Going into the 
projects, there was little reason to believe that the drawings in our 
possession were inaccurate, so new design was based upon the 
information provided. It is simply not cost effective to discount the 
as-built drawings and implement a full destructive investigation of the 
area prior to construction. Such an undertaking is not standard 
practice in the industry, regardless of the age of the facility.

The report implies that the architects were not allowed access to 
certain areas by the Kennedy Center and that the Center actively 
prevented the architect from performing investigative activities during 
design. This implication is a simplification of a very complex issue. 
Every renovation project will include an existing conditions survey of 
the space to be renovated, and every renovation will have a limit to 
how much destructive investigation can be implemented. Our limit for 
active spaces, such as the Opera House and Concert Hall, is that the 
finishes must remain intact. We believe this constraint to be self-
evident and reasonable. After the surveys were completed during the 
design process, the theaters remained in service for several months 
prior to the start of construction. The Kennedy Center is a preeminent 
performing arts center, and we will not deliberately conduct 
performances with patched holes in the walls, floor, or other 
compromises to the aesthetic or acoustic integrity of the space.

Regarding accurate and timely communications, we acknowledge that 
improvements could be made. However, the referenced communications 
predate the GAO report of September 2003 and provide no insight into 
our current communication methods. The 2004 Comprehensive Building Plan 
update includes a new section that outlines changes since the last 
update and reasons for the changes. This section will continue to be 
incorporated in further updates. The Kennedy Center also submits 
monthly reports to the Office of Management and Budget that detail 
project budgets, schedules, and financial activity. In the event of a 
change to any budget or schedule details, the OMB report for that 
project is updated and specifically footnoted to explain the change.

In addition, we have both formal and informal meetings with 
Congressional representatives and their staffs, including Operations 
Committee meetings, staff briefings, and formal testimony. As an 
example, the stakeholders were kept apprised of the changing renovation 
plans for the Opera House and the resulting changes in schedule and 
design as a result of The Washington National Opera's decision to stay 
at the Kennedy Center. As the Subcommittee will recall, during the time 
frame indicated in the GAO report, The Washington National Opera was 
involved in a years-long process to detennine whether it would move to 
a new facility. The Center had to proceed, to the extent possible, with 
its design plan for renovation of the facility, but was not a party to 
The Washington National Opera's deliberations. It was not until 
September of 1999 that The Washington National Opera notified the 
Center that it would not be leaving. A few months later, the Center 
informed this subcommittee of the change in plans and the delay of the 
project in writing:

"EXCERPT FROM QUESTIONS FOR THE RECORD-May, 2000:

Several years ago, The Washington Opera was contemplating leaving the 
Kennedy Center. Now that they have agreed to stay, how will that impact 
your renovation program?

After the Washington Opera announced its intention to move, the Kennedy 
Center's architects/engineers designed modifications to the Opera House 
as were required to bring the 30-year old facility up to current 
standards for life safety, accessibility and functionality. To meet 
these objectives in the most cost-effective manner, the space was to be 
renovated to accommodate expanded usage for amplified performances and 
lesser usage for unamplified operatic performances. The repair and 
renovation design included changing the rake of the auditorium floor. 
It also called for mezzanines in the Hall of States, Hall of Nations 
and Grand Foyer to bring patrons up to what would then be the new main 
entrances for the space at the box tier level, which was to be the new 
entrance to the Hall. When the Washington Opera cancelled its plans to 
move to a new space, the Kennedy Center implemented changes in design 
to accommodate the changed usage. The floor and entrance configuration 
under the previous design, while well suited to meeting accessibility, 
life safety and functionality objectives for non-operatic uses, would 
have reduced the volume of the facility and changed the acoustics of 
the space to the detriment of live, unamplified operas. These design 
changes have delayed the project from its original schedule. Redesign 
of the repairs and renovations is underway, in consultation with The 
Washington Opera."

It should also be noted that Michael Kaiser began his tenure at the 
Kennedy Center on January 16, 2001. One month later, on February 15, 
2001, he personally met with the staff of the House Subcommittee on 
Interior and Related Agencies to inform them of the changes to the 
Center's renovation program. He was accompanied by the Center's former 
project executive, Brad Faughn, and our liaison to congress, Jared 
Barlage. This very project was discussed. While it was not a "formal" 
communication and minutes of this meeting were not recorded, the staff 
was fully briefed.

Regarding record retention, the Kennedy Center is currently developing 
a formal policy that will govern this topic. While our retention policy 
can be strengthened, it should be noted that much of the information 
referenced as missing or incomplete is old enough to be well beyond any 
reasonable statute of limitations for financial or construction data.

In summary, we agree that there is always room for improvements in cost 
control and communication regarding project data, and we appreciate the 
insights provided by GAO. However, the information presented in the 
report is skewed toward older projects and practices that have already 
been enhanced. As an example, a different project delivery approach is 
being pursued for the current Family Theater renovation project. In 
addition, budgets are continually being reviewed and reevaluated during 
the design and bidding phases of all construction projects.

The Center believes that we have made significant strides to improve 
management of capital projects. The tone and content of the draft 
report implies that the Center is not addressing previous 
recommendations made by GAO and there continue to be pervasive problems 
with capital project management. However, the scope and procedures 
performed by GAO do not take into account procedures and actions 
subsequent to earlier reports. When reviewed in context with earlier 
reports, the Center has made significant improvements and will continue 
to do so.

Again, we appreciate the time, effort and thoughtfulness of the GAO 
team that completed this project and will incorporate many of the 
recommendations into our future practices.

Sincerely yours,

Signed by:

Michael Kaiser:
President:

Stephen A. Schwarzman:
Chairman:

The following are GAO's comments on the John F. Kennedy Center for the 
Performing Arts' letter dated April 4, 2005.

GAO Comments:

1. We found that the Kennedy Center has not fully implemented the 
conditions of its fire-modeling study. For example, it has not 
developed and implemented a program to manage the storage of scenery, 
props, and other combustible materials or installed sprinklers at the 
Millennium Stages, conditions on which the modeling study was based. 
Until these conditions are met, the study's assumptions are invalid. 
Two additional areas of concern are (1) doors in critical areas do not 
provide adequate protection from fire and (2) the Millennium Stages 
have exit deficiencies. Specifically, the Kennedy Center's decision to 
obscure the nearest external exits with curtains violates fire code. At 
the time of our review, none of these conditions and deficiencies was 
addressed in the Kennedy Center's ongoing fire life safety upgrades.

2. Our independent experts were qualified to assess fire life safety 
code compliance. Our principal fire safety expert has a Ph.D. in a 
related field, is certified in industrial hygiene, and has conducted 
life safety surveys for all three branches of government, including the 
White House Communications Agency, the Architect of the Capitol, and 
the U.S. Supreme Court, among others. We were not asked to assess the 
quality or accuracy of the Kennedy Center's fire-modeling study.

3. We do not believe the main point is one of voluntary upgrading to 
the current code as characterized by the Kennedy Center, but begins 
with the statutory requirement found at 40 U.S.C. § 3312. As recognized 
by the Kennedy Center, when it decided to renovate the facility to 
upgrade fire life safety systems to current code, it was bound by 40 
U.S.C. § 3312, which requires the Kennedy Center to be in compliance 
with nationally recognized fire and life safety codes to the maximum 
extent feasible. On the basis of our work, it appears that the Kennedy 
Center did not comply with selected provisions of the code it adopted. 
Although we recognize the Kennedy Center has discretion in complying 
with fire and life safety codes, and is the final authority on this, 
because the Kennedy Center's actions on this matter involve the 
seriousness of fire and life safety issues, we believe that the Kennedy 
Center's decisions should be reviewed by a knowledgeable third party, 
which the Kennedy Center has agreed to do.

4. We do not believe that the Kennedy Center followed a decision-making 
process that considered other options regarding its exit deficiency. 
Although the Kennedy Center installed sprinkler systems in its 
renovated theaters and created fire separations in certain areas, we 
found no evidence that the center seriously considered these types of 
prescriptive fire code solutions in deciding how to approach its exit 
deficiency.

5. We support the Kennedy Center's continuing fire life safety 
upgrades. However, we did not find any evidence that the Kennedy Center 
has a plan to develop and implement a program to manage the storage of 
scenery, props, and other combustible materials or installed sprinklers 
at the Millennium Stages, which were conditions of the fire-modeling 
study.

6. We removed references to the Society of Fire Protection Engineers 
survey from our report.

7. GSA fire protection officials told us that GSA's philosophy is to do 
all that is possible to protect life and property, and that they do not 
support the performance models to avoid prescriptive solutions that 
could increase the protection of life and property. For example, GSA 
officials said that they take every possible step to protect life and 
property, and then do fire or smoke modeling to determine if those 
steps were sufficient. The Kennedy Center's approach to fire modeling 
is not consistent with GSA's philosophy.

8. We removed the reference to "dead end" from the report. However, the 
Millennium Stages continue to lack clear, marked exit paths and 
sprinklers that are required by fire code.

9. We support the Kennedy Center's decision to seek independent review 
of its handling of the center's performance-based design for the Grand 
Foyer, the Hall of States, the Hall of Nations, and the Millennium 
Stages. However, we encourage the Kennedy Center to implement our full 
recommendation to seek peer review of its entire approach to fire life 
safety in addition to the issues related to the fire-modeling study. 
Third-party validation is particularly important in this instance 
because the center's fire safety decisions are not subject to external 
review.

10. We support the Kennedy Center's intention to conduct a survey of 
all fire door assemblies so they can be repaired, replaced, or 
recertified and relabeled because, in order to comply with fire code, 
the center must ensure that the doors in all key locations provide 
adequate protection from fire.

11. Although the Kennedy Center has procedures for recording financial 
management transactions, we remain concerned that these procedures do 
not provide the comprehensive detailed guidance needed for its 
nonfinancial staff members to (1) clearly understand their roles and 
responsibilities and (2) properly and effectively execute their 
assigned duties in examining and verifying the accuracy and validity of 
underlying supporting information and approving contractor invoices for 
payment. We found that the center's current financial accounting 
procedures consisted of one page of bullet points and a memorandum to 
its external auditors and did not include fundamental procedures, such 
as the center's annual accrual process for year-end work-in-progress or 
minimum documentation requirements necessary before payments to vendors 
are made.

12. The Kennedy Center provides summarized financial information 
periodically to the Office of Management and Budget (OMB) and Congress 
pertaining to capital project obligations, but this financial 
information does not mention budget execution or status of funds. While 
information regarding obligations is important, so is information about 
costs incurred for work performed in the execution of construction 
contracts. We agree that the Kennedy Center should continue to monitor 
budget obligations on construction contracts; however, we believe the 
center should accrue expenses on construction projects--on at least a 
quarterly basis--to determine if such accruals are material to the 
center's OMB reports. We continue to believe that, to the extent the 
Kennedy Center also periodically reports information on budget 
execution and status of the funds it received for capital projects, the 
center faces increased risk that such information reported would be in 
error at times other than at the end of the fiscal year. In addition, 
capital investments and key performance measures are usually expressed 
in terms of costs.

13. The Kennedy Center's annual audited financial statements are 
prepared only once a year. Additionally, they do not provide a 
breakdown of cost or budget information by specific project. 
Consequently, we believe that these statements provide stakeholders too 
little information--too late--for effective oversight on construction 
projects.

14. The Kennedy Center was unable to link specific Johnson Controls' 
invoices to U.S. Army Corps of Engineers' (Corps) invoices. 
Consequently, we continue to believe that the Kennedy Center did not 
have assurance that the Corps' invoices to the center accurately 
reflected amounts billed by Johnson Controls, were free of error, and 
did not represent amounts previously paid. We found that 1 of 56 
invoices from the Corps was rejected by the Kennedy Center due to a 
lack of support. When that invoice was resubmitted by the Corps, it was 
for an amount 50 percent less than the amount originally invoiced. For 
the other 55 invoices from the Corps, the center paid the invoice 
without any supporting documentation attached.

15. We support the Kennedy Center's plans to determine if the Corps' 
billed costs represented its actual costs and make any necessary 
adjustments to comply with the Economy Act agreement during contract 
closeout. If the center completes the reconciliation, it can provide 
the objective evidence needed to support the Corps' invoices and 
provide a strong basis for its conclusions on the accuracy and 
completeness of the invoices. However, the Kennedy Center may find it 
more cumbersome to reconcile Corps invoices received over the life of 
the project to supporting cost information at the end of the project 
than it would be if the reconciliation was done each month at the time 
invoices are received.

16. We disagree. For the reasons previously stated and in the body of 
our report, we continue to believe that the center did not maintain 
complete and accurate financial records, which could impact the 
safeguarding of federal funds.

17. We reviewed these projects because they were the most recently 
completed major projects at the Kennedy Center. These projects were 
also among the most costly or important projects related to fire safety 
and disabled access improvements included in the Kennedy Center's CBP.

18. We support the Kennedy Center's progress toward establishing a 
policies and procedures manual. However, the policies manual for 
capital projects remains in draft, and the Kennedy Center has not 
formalized its contractual and financial management policies and 
procedures. A comprehensive set of policies and procedures for managing 
federal funds covering the Project Management, Contract, and Finance 
offices, and the interaction between them, would help guide the various 
activities related to the acquisition of goods and services for the 
center's capital improvements program.

19. The Kennedy Center's tight schedules necessitated the overtime 
charges. However, Kennedy Center officials said that the overtime 
charges and all other cost growth for these projects were paid using 
federal appropriations, while the ticket revenue goes into the Kennedy 
Center's trust funds.

20. It was not within the scope of our work to conduct a comprehensive 
procurement review that would be necessary to assess the full impact of 
how the Kennedy Center managed contract modifications. However, our 
previous work has shown that contractors have limited incentive to 
control costs until firm prices are negotiated for contract changes, 
and the government does not have an opportunity to consider more 
efficient construction methods or management controls if the work is 
completed before the price is established.

21. We do not suggest that existing drawings be ignored in favor of 
destructive investigation. However, when existing as-built drawings do 
not exist or are proven to be inaccurate, as the Kennedy Center has 
indicated, it may help reduce the risk of cost increase or schedule 
delays to investigate the actual site conditions, which is sometimes 
destructive to building finishes. As discussed with Kennedy Center 
staff, where destructive investigation is not feasible, the center 
should consider incorporating additional cost and schedule 
contingencies in its budget estimates to reflect the increased risk of 
unforeseen conditions being discovered during construction.

22. We continue to believe that the Kennedy Center did not always 
timely or accurately communicate with its board or Congress. For 
example, recent Kennedy Center documents continue to state that the 
center intends to install sprinkler systems throughout the entire 
facility, even though that is not the case.

23. We removed this example, regarding communication on delays related 
to the Opera House renovation, from our report.

[End of section]

Appendix VI GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Mark L. Goldstein, (202) 512-2834:
Susan A. Fleming, (202) 512-4431:

Staff Acknowledgments:

In addition to those named above, Michael Armes, Lindsay Bach, Chris 
Bonham, Matt Cail, Keith Cunningham, John Davis, George Depaoli, Tim 
Dinapoli, Terrell Dorn, Edda Emmanuelliperez, Colin Fallon, Brandon 
Haller, Jack Hufnagle, John Krump, Julie Phillips, Theresa Patrizio, 
Robert Preshlock, Susan Michal-Smith, and Carrie Wilks made key 
contributions to this report.

(543113):

FOOTNOTES

[1] The National Fire Prevention Association Life Safety Code deals 
with life safety from fire and like emergencies. The code covers 
construction, protection, and occupancy features to minimize danger to 
life from fires, smoke, fumes, or panic before buildings are vacated. 
The Americans with Disabilities Act prohibits discrimination on the 
basis of disability in employment, services rendered by state and local 
governments, places of public accommodation, transportation, and 
telecommunications services. 

[2] This amount is comprised of a $35.3 million beginning balance, 
which is the value of transfers from the National Park Service and the 
Smithsonian Institution, and approximately $167.6 million in federal 
appropriations.

[3] GAO, Kennedy Center: Information on the Capital Improvement 
Program, GAO/GGD-93-46 (Washington, D.C.: Feb. 9, 1993) and Kennedy 
Center: Information on Facility Management Capability, GAO/GGD-98-56 
(Washington, D.C.: Mar. 25, 1998).

[4] GAO, Kennedy Center: Improvements Needed to Strengthen the 
Management and Oversight of the Construction Process, GAO-03-823 
(Washington, D.C.: Sept. 5, 2003).

[5] GAO, Kennedy Center: More Information on Project Status and Budgets 
Needed to Understand the Impact of Future Funding Decisions, GAO-04-933 
(Washington, D.C.: Sept. 15, 2004).

[6] UNICCO Government Services, Inc., Life Safety, Fire Alarm System 
and ADA Assessment of the John F. Kennedy Center For The Performing 
Arts (Centreville, VA: 2005).

[7] GAO, Intercity Passenger Rail: Amtrak's Management of Northeast 
Corridor Improvements Demonstrates Need for Applying Best Practices, 
GAO-04-94 (Washington, D.C.: Feb. 27, 2004).

[8] In accordance with fire code, the Kennedy Center conducted an 
egress and fire-modeling study to determine if occupants could safely 
exit the building in the event of a fire. The modeling study predicted 
that patrons would be able to escape the Kennedy Center safely in the 
event of a fire before conditions became untenable provided that the 
center took steps to minimize evacuation delays and limit storage of 
combustible materials. The study also recommended that the Kennedy 
Center install sprinklers in the Millennium Stages for added protection.

[9] Fire code defines means of egress as a continuous and unobstructed 
way of travel from any point in a building to a public way consisting 
of three separate and distinct parts: (1) the exit access, (2) the 
exit, and (3) the exit discharge. 

[10] 42 U.S.C. § 12101 et. seq. 

[11] The Kennedy Center Board of Trustees currently consists of 23 
government positions, including congressional members, as well as 36 
general trustees appointed by the President of the United States. Each 
general trustee serves a term of 6 years.

[12] 20 U.S.C. § 76j(a)(1)(F).

[13] 40 U.S.C. § 3312. 

[14] For purposes of certain laws, the Kennedy Center is treated as a 
federal agency. 

[15] 20 U.S.C. § 76l (d).

[16] The Kennedy Center's appropriation for fiscal year 2005 is 
contained in the Consolidated Appropriations Act of 2005, Public Law 
108-447, 118 Stat. 2809 (2004). Public Law 108-447 appropriated to the 
Kennedy Center $16,334,000 for capital improvements and $17,152,000 for 
operations and maintenance. There are two rescissions in the 2005 
appropriations act that reduced the final amount provided to the 
Kennedy Center for capital improvements and operations and maintenance. 
The first is an across-the-board rescission of 0.594 percent for 
Interior and Other Related Agencies, which applied to the Kennedy 
Center. The second is an additional across-the-board rescission of 0.8 
percent for most agencies, which also applied to the Kennedy Center.

[17] GAO-03-823.

[18] As-built or record drawings show the work as it was actually 
installed, which is often different from how it was designed to be 
installed or built. 

[19] Begun in 1978, the Kennedy Center Honors is an annual ceremony 
that recognizes artists with lifetime achievement awards. The ceremony 
also serves as a major fund-raising event.

[20] GAO, NASA Procurement: Challenges Remain in Implementing 
Improvement Reforms, GAO/NSIAD-94-179 (Washington, D.C.: Aug. 18, 1994).

[21] The Kennedy Center is an independent establishment of the 
executive branch of government as defined in OMB Circular A-127 and, as 
such, is subject to OMB guidance regarding financial management and 
internal controls.

[22] GAO, Standards for Internal Controls in the Federal Government, 
GAO/AIMD-00-21.3.1 (Washington, D.C.: November 1999).

[23] GAO-03-823.

[24] GAO-04-933.

[25] Fire alarm system installation was substantially completed in 
February 2004.

[26] UNICCO Government Services, Inc., Life Safety, Fire Alarm System 
and ADA Assessment.

[27] Ehrenkrantz Eckstut & Kuhn Architects, PC, Egress and Fire 
Modeling Study of the Grand Foyer, Hall of States, and Hall of Nations 
(Washington, D.C.: 2003).

[28] General Services Administration, National Capital Region Office of 
the Inspector General, Audit of National Capitol Region Fire Safety 
Program, Report Number: A995174/P/W/R99530 (Washington, D.C.: Sept. 10, 
1999).

[29] GAO-04-94. This best practices framework is applicable to the 
management of various types of projects and was largely based on GAO's 
Executive Guide: Leading Practices for Capital Decision-Making, GAO/
AIMD-99-32 (Washington, D.C.: December 1998).

[30] The Construction Industry Institute is a research institute for 
engineering and construction that is comprised of more than 90 member 
organizations, representing owners, contractors, and suppliers in both 
the public and private sectors. Construction Industry Institute, 
Implementation of CII Best Practices: Summaries and a Self-Assessment 
Guide (Austin: University of Texas, 2002).

[31] GAO/AIMD-99-32.

[32] Department of the Interior, Office of the Inspector General, Costs 
Claimed for Equitable Adjustment By Rampart Waterblast, Inc., Under 
National Park Service Contract No. 1443CX-3000-93-904, Report Number 98-
E-217 (Washington, D.C.: January 1998). This audit resulted from a 
contract initiated by the National Park Service before responsibility 
for the Kennedy Center was transferred to the center. 

[33] See Inspector General Act of 1978, as amended, 5 U.S.C. § app. 3, 
section 8G, and 2004 List of Federal Entities, 70 Fed. Reg. 4157 (Jan. 
28, 2005). 

[34] The audit committee of a publicly owned company plays a 
particularly important role in ensuring fair presentation and 
appropriate accountability in connection with financial reporting and 
related external audits and general oversight of an organization's 
internal control. 

[35] The Concert Hall renovation was completed more than 7 years ago, 
and project records were not complete. Furthermore, the Eisenhower 
Theater has limited documentation since it is not planned for 
construction until 2007. 

[36] All Kennedy Center capital projects were to incorporate life 
safety and disabled access improvements. 

[37] GAO, Intercity Passenger Rail: Amtrak's Management of Northeast 
Corridor Improvements Demonstrates Need for Applying Best Practices, 
GAO-04-94 (Washington, D.C.: Feb. 27, 2004).

[38] Ehrenkrantz Eckstut & Kuhn Architects, PC, Egress and Fire 
Modeling Study of the Grand Foyer, Hall of States, and Hall of Nations 
(Washington, D.C., 2003).

[39] NFPA 101 requires that at least half of all exits discharge 
directly to outside areas. The Kennedy Center has less than half of its 
exits discharging directly to the outside.

[40] NFPA 101 defines means of egress as a continuous and unobstructed 
way of travel from any point in a building to a public way consisting 
of three separate and distinct parts: (1) the exit access, (2) the 
exit, and (3) the exit discharge.

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