Contingency Contracting: DOD Has Taken Steps to Address Commission Recommendations, but Should Better Document Progress and Improve Contract Data [Reissued with revisions on Oct. 1, 2021.]
Fast Facts
DOD relies on contractors worldwide to support contingency operations, which can include armed conflicts, humanitarian crises, and more.
The Commission on Wartime Contracting made 30 recommendations in 2011 to improve contingency contracting in Iraq and Afghanistan. For example, some recommendations are to help DOD determine how much contract support is needed for these operations.
DOD planned to address 16 recommendations, but hasn't adequately documented the actions it took to address half of them. This makes it hard to know whether DOD is fulfilling the Commission's vision for reform.
Our recommendations address this and other issues we found.
DOD Contingency Contractor Personnel
The report distributed the morning of September 30, 2021, did not include the correct title for an addressee. This corrected file contains this information.
Highlights
What GAO Found
The Department of Defense (DOD) has taken steps to implement the 16 of 30 recommendations it agreed to address and that were made by the Commission on Wartime Contracting in Iraq and Afghanistan (Commission). The Commission was established by law to develop recommendations to improve various aspects of contingency contracting, which is the process of obtaining goods, services, and construction and comprises contractor personnel that provided support to operations that may include combat and other activities that are considered contingency operations. However, DOD's documentation on the status of half of the 16 recommendations as part of an action plan it issued in 2013 was inconsistent or incomplete. By fully documenting the progress of the department's efforts to implement the recommendations, DOD could help achieve the Commission's vision for improving the oversight and management of contingency contracting operations.
DOD's information system—Synchronized Predeployment and Operational Tracker-Enterprise Suite (SPOT-ES)—tracks and reports information about contracts and contractor personnel supporting applicable contingency operations. However, GAO found that SPOT-ES is not able to track and report information by the type of applicable contingency operations that DOD contracts and contractors have supported. DOD officials told GAO that there is no definitive list of such contingencies from one authoritative source. In addition, DOD has not designated a single office responsible for monitoring and reporting which operations, exercises, and other activities are associated with an applicable contingency operation in SPOT-ES. Without the ability to identify data on operations, exercises, and other activities that are considered applicable contingency operations within SPOT-ES, DOD planners may find it more difficult to identify and make decisions on contractor personnel or capabilities to support them. Additionally, an office that is designated with the responsibility could provide additional oversight to DOD by better monitoring and reporting on the department's contractor personnel.
GAO also found that information on the status of thousands of quarterly deployment records on contractor personnel supporting applicable contingency operations was missing in SPOT-ES at the time of our review. DOD guidance requires various SPOT-ES users to enter or review information related to contracts and contractor personnel supporting applicable contingency operations. However, it does not clearly specify who is responsible for resolving missing information. Without clarifying the responsibility for resolving missing or inaccurate data in SPOT-ES within DOD guidance, communicating such information to contracting organizations, and taking steps to improve data completeness and accuracy, the reliability of data in SPOT-ES is at risk. Further, DOD's ability will be hindered when there is a need to locate the whereabouts of contractor personnel during an emergency or when contractors exit at a contingency location.
Why GAO Did This Study
DOD has relied on contingency contracting to conduct a wide range of activities worldwide. DOD projects that factors, such as the use of high-tech equipment and military force structure reductions, will require contract support in most future operations.
The National Defense Authorization Act for Fiscal Year 2020 includes a provision for GAO to review the use of contractors in contingency operations, exercises, and other activities since 2009. This report evaluates the extent to which DOD 1) documented its actions to implement the recommendations made by the Commission on Wartime Contracting, and 2) tracked and reported on contracts and contractor personnel supporting contingencies.
GAO performed a content analysis of DOD actions to address the Commission's recommendations, reviewed laws and DOD guidance, and analyzed contract and personnel data reported from calendar years 2009 through 2020.
Reissued with revisions on Oct. 1, 2021.
The report distributed the morning of September 30, 2021, did not include the correct title for an addressee. This corrected file contains this information.Recommendations
GAO is making four recommendations to ensure that DOD fully documents progress on the Commission's recommendations, and improves data related to applicable contingency operations described in department guidance. DOD partially concurred with two recommendations and did not concur with two recommendations. GAO continues to believe that all of its recommendations are still warranted.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status Sort descending |
|---|---|---|
| Department of Defense | The Secretary of Defense should ensure that data on operations, exercises, and other activities reported in SPOT-ES are linked with "applicable contingency operations" described in DOD guidance. (Recommendation 2) |
Open
The Department did not initially concur with this recommendation. DOD stated that implementation of this recommendation would require the existence and maintenance of a central source of information on "applicable contingency operations" and that without this information source, the data could not be reliably linked to "applicable contingency operations." However, on March 30, 2022, DOD provided a Corrective Action Plan (CAP) in which it stated that it partially concurred with this recommendation. DOD commented that it did not agree that only data on operations, exercises and other activities reported in SPOT ES should be linked to "applicable contingencies". Some data should also be linked with Combatant Commander directed steady state requirements. Initially no central data source existed to support this recommendation. However, according to the CAP, DOD is working toward implementing a phased implementation plan to meet the GAO's intent. In August 2023, DOD provided information that indicated that the Department intends to implement this recommendation. When we obtain further information about DOD's actions, we will update this recommendation accordingly.
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| Department of Defense | Secretary of Defense should designate a single office to provide oversight for monitoring and reporting which operations, exercises, and other activities listed in SPOT-ES are linked with "applicable contingency operations." (Recommendation 3) |
Open
The Department did not initially concur with this recommendation. DOD stated that there is not a single source of information on contingency operations to serve as an authoritative data source to support SPOT-ES entries and also stated that without a mandate, resources, and appropriate security measures, implementation of this recommendation would not be possible. However, on March 30, 2022, DOD provided a Corrective Action Plan (CAP) that stated that the department partially concurred with the recommendation. The CAP stated that the responsibility for ensuring data accuracy in SPOT-ES resides with numerous organizations across the DOD enterprise, not a single office. Therefore, DOD stated that it was not practical to designate a single office the responsibility of providing oversight for monitoring and reporting which operations, exercises, and other activities listed in SPOT ES are linked with applicable contingency operations." However, DOD added that DASD (Logistics), as the SPOT ES functional sponsor, will work within existing resources to implement this recommendation to the maximum extent possible. As of August 2023, we have not received further information. When we receive more information about DOD's actions, we will update this recommendation accordingly.
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| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Acquisition and Sustainment directs the OCS Functional Capabilities Integration Board to document the department's progress in implementing the Commission on Wartime Contracting recommendations in a consistent and complete manner. (Recommendation 1) |
Closed – Implemented
The Department partially concurred with this recommendation. On March 16, 2022, the Department published its Operational Contract Support Action Plan for Fiscal Year 2022. This plan contained a list of each applicable Commission on Wartime Contracting recommendation and the steps that the Department had taken to implement each one. With this publication, DOD satisfied the intent of our recommendation, as of June 2022.
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| Department of Defense | The Secretary of Defense should ensure that the Under Secretary of Defense for Acquisition and Sustainment take steps to improve data completeness and accuracy, by revising the SPOT Business Rules as appropriate, and designating responsibility for resolving any missing information on contractor personnel in SPOT-ES, and communicating such information to the relevant heads of contracting activities. (Recommendation 4) |
Closed – Implemented
The Department partially concurred with this recommendation. On March 30, 2022, DOD submitted a Corrective Action Plan in which it stated that the Department would continue to assess and pursue other means to improve SPOT ES compliance and contractor accountability. On March 3, 2023, DOD published its revised SPOT Business Rules, to which it added language to address our recommendation. The Business Rules are a primary mechanism for communicating changes to stakeholders, and are sent to heads of contracting activities when published. In addition, they are posted to ASD(S)/DASD(Logistics)'s website for wide circulation. Therefore, the recommendation can be closed as implemented.
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