This is the accessible text file for GAO report number GAO-02-508R
entitled 'Bureau of Prisons Contract Payments' which was released on 
March 20, 2002. 

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United States General Accounting Office: 
Washington, DC 20548: 

March 20, 2002: 

The Honorable Dan Burton: 
Chairman: 
Committee on Government Reform: 
House of Representatives: 

Subject: Bureau of Prisons Contract Payments: 

You asked that we review several agencies to determine whether they 
had made overpayments to contractors. One of the agencies was the 
Department of Justice. In consultations with your staff, we agreed to 
concentrate our work at the department's Bureau of Prisons because it 
administered large construction contracts. During fiscal year 2001, 
the Bureau of Prisons had 24 open construction contracts that totaled
approximately $1.9 billion. As a first step in determining whether the 
bureau was likely to have made overpayments to construction 
contractors, we identified their internal controls. We then tested how 
well the controls were working by reviewing a sample of construction 
contract payments. Our work was conducted between August 2001 and
December 2001 in accordance with generally accepted government 
auditing standards. We also provided the Bureau of Prisons an 
opportunity to comment on a draft of this letter. This letter 
describes the scope and results of our work. 

In order to assess the risk of construction contractor overpayments, 
we asked Bureau of Prisons personnel what types of preventive and 
detective controls were in place. Based on these inquiries, we 
determined that general disbursement controls included: 

* segregating key disbursement responsibilities; 

* using only original contractor invoices or, in limited 
circumstances, certified copies as a basis for payment; 

* performing automated input edit and processing checks; and; 

* mutilating invoices to prevent reprocessing. 

In addition, we found that internal controls specific to construction 
contracts included the following: 

* The project representative and the contracting officer must both 
approve each monthly progress payment invoice. The contracting officer 
checks the invoice for completeness, accuracy, and compliance with 
contract terms. 

* The contracting officer keeps a running record in the contract file 
of funds available for the contract. 

* Final contract payment is not made until all required work is 
verified as complete and all open claims have been satisfied. 

We reviewed a sample of 27 payments on five different construction 
contracts to assess whether the construction contract payment controls 
were properly designed and whether they were in place and operating to 
prevent or detect overpayments for the selected items.[Footnote 1] The 
contracts totaled approximately $186 million. The 27 payments selected 
for review totaled approximately $31 million, including the final 
payment for each of the five construction contracts. For each payment 
selected, we reviewed the payment file and obtained clarifications 
from Bureau of Prisons personnel when necessary. 

For the payments that we reviewed, we found that the internal controls 
were in place and operating and that construction contract payment 
amounts were correct, or, that if errors occurred, they were detected 
and corrected promptly as a normal part of the payment system. We 
found a few minor clerical errors for three of the contracts we 
reviewed. The errors were subsequently detected and corrected by the 
Bureau of Prisons through its own routine detective control procedures 
before we made our review. For example, in one contract, there was an 
overpayment of $3 on a payment of about $4 million. The error was 
rectified the following month by reducing the next month's payment by 
$3. In a second contract, the increase in retainage (costs to be paid 
later in the contract) was $11,581 more than the contract costs 
incurred during the same period. In the following payment period, this 
error was corrected by reducing the retainage payment by $11,581. 

The risk of undetected construction contractor overpayments at the 
Bureau of Prisons does not appear to be significant based on the 
controls in place and operating at the time we made our tests. Because 
of this, and as agreed with your staff, we believe no further work 
relative to this request is warranted at this time. In an oral 
response to a draft of this letter, the bureau stated that it had no 
comments. 

We are sending copies of this letter to the ranking minority member of 
the House Committee on Government Reform and the Bureau of Prisons. 
Copies of this letter are available to other interested parties. This 
letter will also be available on GAO's home page at [hyperlink, 
http://www.gao.gov]. 

If you have any questions, please contact me at (202) 512-9508 or by e-
mail at Calboml@gao.gov or my Assistant Director, Mark P. Connelly, at 
(202) 512-8795 or by e-mail at Connellym@gao.gov. Key contributors to 
this letter were Don Campbell and Jack Warner. 

Sincerely yours, 

Signed by: 

Linda Calbom: 
Director, Financial Management and Assurance: 

[End of section] 

Footnotes: 

[1] These contracts were selected because they had been closed in 
fiscal year 2001, allowing us to review the full activity of the 
contracts. They included three construction contracts for two prisons 
and two related contracts for monitoring and oversight. Because our 
sample was not statistically based, our conclusions are drawn solely 
for the transactions we reviewed and cannot be extrapolated to all 
construction contract payments.