Recommendation: The Commissioner of the Social Security Administration should ensure the Office of Acquisition and Grants, in consultation with the Chief Information Officer, revises relevant guidance to identify the role of contracting officials in the Agile software development process.

Agency: Social Security Administration
Status: Open

Comments: The Social Security Administration agreed with the recommendation but has not yet taken actions to implement it.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to, in coordination with the Office of Program Accountability and Risk Management, develop a risk-based approach for reviewing service requirements—through the Procurement Strategy Roadmap or other means—to ensure proposed service requirements are clearly defined and reviewed before planning how they are to be procured. (Recommendation 1)

Agency: Department of Homeland Security
Status: Open

Comments: DHS disagreed with our recommendation, preferring to maintain the status quo in its policy and procedures. However, by doing so, DHS is missing important opportunities to prevent negative acquisition outcomes and the potential for wasted resources. In its response, DHS noted its processes for major acquisitions, however, DHS service programs and contracts did not rise to the level of being classified a major service acquisition.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to document the factors the Office of the Chief Procurement Officer considers when waiving procurement actions from its Procurement Strategy Roadmap to ensure it is consistently considering potential acquisition risks in its planning—including those specific to services. (Recommendation 2)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation, maintaining that the factors considered when waiving a Procurement Strategy Roadmap are not static. We believe, however, that documenting the factors considered will help ensure that the decisions to waive the Procurement Strategy Roadmaps are made consistently, transparently, and help maintain institutional knowledge.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to update the Inherently Governmental and Critical Functions Analysis to require the identification of special interest functions. (Recommendation 3)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that it will update the Inherently Governmental and Critical Functions Analysis job aid to require the identification of a special interest function when applicable.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to update the Inherently Governmental and Critical Functions Analysis to provide guidance for analyzing, documenting, and updating the federal workforce needed to perform or oversee service contracts requiring heightened management attention. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation maintaining that the components are certifying that they have sufficient internal capacity or federal employees available for oversight within the Inherently Governmental and Critical Functions Analysis. We continue to believe, however, that without guidance, each component is making its own determination about which factors to consider, and DHS does not know how or whether the components are considering the federal workforce available to oversee service contracts in need of heightened management attention, or what steps, if any, the components are taking to mitigate risks if there are not enough federal personnel available to oversee the contracts after award.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to develop guidance identifying oversight tasks or safeguards personnel can perform, when needed, to mitigate the risk associated with contracts containing closely associated with inherently governmental functions, special interest functions, or critical functions. (Recommendation 5)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that it will develop guidance that identifies oversight tasks or safeguards that personnel can perform, when needed, to mitigate the risk associated with contracts containing closely associated with inherently governmental, special interest, or critical functions.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Financial Officer to work with Congress to identify information to include in its annual congressional budget justifications to provide greater transparency into requested and actual service requirement costs, particularly for those services requiring heightened management attention. (Recommendation 6)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation stating that its annual Congressional Budget Justification already contains substantial service contract information. We maintain, however, that the service contract information currently included limits visibility for both DHS and Congress into requested and actual service requirements costs.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Sustainment collaborates with the military departments and the Defense Logistics Agency to collect consistent information on the time to complete key steps in the pre-award contracting process for privatizing utility services. (Recommendation 1)

Agency: Department of Defense: Deputy Secretary of Defense
Status: Open

Comments: DOD concurred with the recommendation. In July 2020, the Assistant Secretary of Defense for Sustainment noted that the Secretary of Defense has drafted an updated policy to direct military departments, their contract agencies, and Defense Logistics Agency-Energy to collect pre-award contract data and utilize DOD's Utilities Privatization Working Group to discuss and share data. According to DOD officials, the Department will finalize the policy by December 2021.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Sustainment collaborates with the military departments and the Defense Logistics Agency to develop a mechanism to store and archive lessons learned regarding the pre-award contracting process for privatizing utility services. (Recommendation 2)

Agency: Department of Defense: Deputy Secretary of Defense
Status: Open

Comments: DOD concurred with the recommendation. In July 2020, the Assistant Secretary of Defense for Sustainment noted that the Secretary of Defense will collaborate with the military departments, to include the Defense Logistics Agency-Energy, to select and utilize an existing federal government information technology platform to collect, analyze, archive, and share key data, lessons learned, and best practices pertaining to pre-award contracting processes and oversight of utilities privatization contracts. The Department will select a platform by December 2021.

Recommendation: The Secretary of Defense should change its definition for setting operational availability for ships in its Joint Capabilities Integration and Development System policy by adding information that defines the operational availability requirement by mission area in addition to the ship level and includes all equipment failures that affect the ability of a ship to perform primary missions. (Recommendation 1)

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation stating that it would work with the Navy and Joint Staff to revisit requirements definitions for shipbuilding programs to better ensure that they are traceable to a ship's mission and can be used across ship development and fielding. As of June 2020, DOD officials told us that there are two upcoming opportunities to make changes to DOD Joint Capabilities Integration and Development System policy and that these recommendations will receive consideration during this process.

Recommendation: The Secretary of Defense should change its definition for setting materiel availability for ships in its Joint Capabilities Integration and Development System requirements policy to include all factors that could result in a ship being unavailable for operations, such as unplanned maintenance, unplanned losses, and training. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation stating that it will work with the Navy and the Joint Staff to revisit requirements definitions for shipbuilding programs to better ensure materiel availability requirements include all factors that could preclude a ship from operating. As of June 2020, DOD officials told us that there are two upcoming opportunities to make changes to DOD Joint Capabilities Integration and Development System policy and that these recommendations will receive consideration during this process.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) and the CNO, once DOD requirements setting policy is revised, to update existing operational availability requirements for ongoing shipbuilding programs. When revising these requirements, the Navy should set operational availability requirements that: (1) are based on failures that affect the ability of a ship to perform primary missions and (2) are set at the mission level instead of ship level. (Recommendation 3)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: DOD partially concurred with this recommendation stating that changes to the requirements setting policy will apply only to new shipbuilding programs. As of June 2020, DOD officials told us that there are two upcoming opportunities to make changes to DOD Joint Capabilities Integration and Development System policy and that these recommendations will receive consideration during this process. While important steps towards improving the requirements setting process, DOD officials did not state whether any policy changes would apply to current shipbuilding programs. As we discussed in our report, at least four ship classes have plans for a new flight, block, and/or major modification. DOD and the Navy may miss key opportunities to improve the Navy's sustainment requirements if it excludes existing programs that have established requirements but have yet to start design or construction.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) and the CNO, once DOD requirements setting policy is revised, to update the materiel availability requirements for ongoing shipbuilding programs. When developing or revising these requirements, the Navy should set materiel availability requirements that fully capture all factors that could preclude a ship from being ready when needed. (Recommendation 4)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: DOD partially concurred with this recommendation stating that changes to the requirements setting policy will apply to new shipbuilding programs. As of June 2020, DOD officials told us that there are two upcoming opportunities to make changes to DOD Joint Capabilities Integration and Development System policy and that these recommendations will receive consideration during this process.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) and the CNO, once the Navy revises its sustainment requirements, to ensure that shipbuilding programs report operational availability and materiel availability requirements in Selected Acquisition Reports, and alternatives to the Selected Acquisition Reports, for Congress. (Recommendation 5)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The Navy concurred with this recommendation and will report operational and materiel availability in the Selected Acquisition Reports based on new definitions in DOD guidance. Therefore, we plan to close this recommendation once DOD updates its definitions and reports numbers in the SAR based on these new definitions.

Recommendation: The Secretary of the Navy should direct the Commander of Naval Sea Systems Command to ensure that cost estimators follow current guidance and GAO-identified best practices and conduct sensitivity analyses and other analyses to improve their assessment of cost risk in the O&S costs in shipbuilding programs' life-cycle cost estimates. (Recommendation 6)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The Navy concurred with this recommendation stating that it agrees that the use of sensitivity, uncertainty, and risk analyses is a best practice to ensure credible, defensible life cycle cost estimates. However, the Navy has yet to issue any policy updates or provide any evidence that it is conducting sensitivity analyses and other analyses to improve their assessment of cost risk in the O&S costs in shipbuilding programs' life-cycle cost estimates.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) to ensure all shipbuilding programs develop and update LCSPs, in accordance with DOD policy, that demonstrate how a ship class can be affordably operated and maintained while meeting sustainment requirements, including associated business case analyses and identifying sustainment risk. (Recommendation 7)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The Navy concurred with this recommendation and stated that it will ensure that all shipbuilding program develop and maintain accurate and complete life cycle sustainment plans. However, as we state in our report, the Navy did not have any accurate and completed life cycle sustainment plans and, as July 2020, has not updated any of these plans.

Recommendation: The Secretary of the Navy should direct the Commander of Naval Sea Systems Command to evaluate and implement changes to the ILA in order to position the ILA to effectively identify key sustainment risks and make recommendations for risk mitigation, which may include existing Navy proposals to change the ILA process. (Recommendation 8)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The department concurred with our recommendation and stated that the Navy will undertake a review and will approve any updated Independent Logistics Assessment (ILA) policy that emphasizes risk identification and mitigation in the ILA review. In July 2020, Navy officials stated that the Naval Sea Systems Command and the Secretary for Acquisition and Sustainment co-chaired a system-level ILA Working Group in 2020 to rewrite the Navy ILA Handbook to address key deficiencies in the current ILA process and to emphasize the use of a readiness at cost model. ILA Handbook and associated Secretary of Navy Instructions is currently in comment adjudication. In addition, Naval Sea Systems Command is developing an ILA database that provides stakeholders with visibility and insight into their respective programs' ILA-identified sustainment risks to closure. Once completed, Navy officials state that these items should implement the needed improvements to ILAs.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) and the CNO to ensure sustainment-related briefing topics prescribed by the Navy's acquisition policy are consistently discussed at Gate reviews. (Recommendation 9)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The Navy concurred with this recommendation and stated that it has updated its Gate 6 sustainment sufficiency process and is executing a new Gate 7 sustainment review. In July 2020, Navy officials reported to us that the Chief of Naval Operations and the Assistant Secretary of the Navy for Acquisition will collaborate to ensure sustainment focus areas are properly emphasized at all Gate reviews. As our report states, focusing on sustainment at Gate 7 is likely insufficient to address many of the problems we found in the report. However, as of July 2020, the Navy has yet to provide us with evidence that demonstrate an increase in focus on sustainment during gate briefings or any of the new Gate 7 briefings.

Recommendation: The Secretary of the Navy should direct the ASN (RD&A) and the CNO to implement the sustainment program baseline initiative for shipbuilding programs and, in so doing, develop a mechanism that ensures that sustainment outcomes are a factor in shipbuilding programs' decision-making during the acquisition process. (Recommendation 10)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: The Navy concurred with this recommendation and Navy acquisition leadership officials stated that they will review the results of the demonstration programs for the Sustainment Program Baseline initiative and implement guidance for shipbuilding and all programs in subsequent guidance and policy concerning Sustainment Program Baselines. In updating its response to our recommendations in July 2020, the Navy is planning to implement the Sustainment Program Baseline as a pilot program for ships and submarines in fiscal year 2021.

Recommendation: The Secretary of the Navy should revise SECNAVINST 5000.2 and other associated guidance to ensure PSMs are assigned to shipbuilding program offices in time to inform early acquisition decisions, including development of the program's sustainment requirements and LCSPs. (Recommendation 11)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: the Navy concurred with this recommendation and stated that they will ensure that Product Support Managers (PSM) are assigned to acquisition programs ahead of Milestone A in compliance with existing DoD PSM policies. However, as of July 2020, the Navy did not state that it is planning to revise SECNAVINST 5000.2.

Recommendation: Congress should consider developing an oversight mechanism for evaluating shipbuilding programs' sustainment cost estimate growth during the acquisition process, with requirements for the Navy to: (1) report sustainment cost estimate growth information to Congress and (2) reassess shipbuilding programs that are experiencing a high level of sustainment cost estimate growth.

Agency: Congress
Status: Open

Comments: As of August 2020, there are several draft bills that would address this matter.

Recommendation: The Assistant Secretary of ETA should develop, document, and implement a comprehensive strategy that (1) accounts for Job Corps' projected workload requirements and (2) considers its acquisition workforce needs—including the number of staff, skills, and other supports necessary to plan, award, and monitor Job Corps center contracts—to enable it to effectively plan for and competitively award future Job Corps center contracts. (Recommendation 1)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL stated that it will develop, document, and implement a comprehensive strategy that accounts for Job Corps' projected workload requirements and considers its acquisition workforce needs. DOL noted that it has released a new procurement plan which reflects its decision to re-procure 28 Job Corps centers prior to the final option year of their contract. DOL said that this action would result in each region having no more than five procurements each year, which it considers a manageable procurement workload for its current staffing level. We will consider closing the recommendation when such a comprehensive strategy is implemented.

Recommendation: The Secretary of the Navy should direct NAVSEA to incorporate current cost and program data and an updated cost risk analysis in its planned update of the Columbia class lead submarine cost estimate. (Recommendation 1)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: DOD concurred with this recommendation, stating that the Columbia Class Program cost estimate will be updated in 2019 to support the lead ship authorization Decision Acquisition Board in 2020. As of September 2020, we have yet to receive an update on the status of this recommendation.

Recommendation: The Secretary of the Navy should direct NAVSEA to develop a realistic and well-documented estimate of savings from use of the authorities associated with the Fund and incorporate the savings associated with the lead submarine into the Columbia lead submarine cost estimate. (Recommendation 2)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: DOD agreed with this recommendation, stating that the updated Columbia Class Program cost estimate would incorporate estimated savings from use of the authorities associated with the fund and savings associated with the Columbia lead submarine cost estimate. In August 2020, Navy officials indicated that NAVSEA updated the Columbia lead submarine cost estimate to include updates to the estimate of savings from the use of the authorities associated with the Fund.

Recommendation: The Secretary of the Navy should direct the Columbia class program office to update the lead submarine cost estimate and cost risk analysis prior to requesting funds for lead submarine construction. (Recommendation 3)

Agency: Department of Defense: Department of the Navy
Status: Open

Comments: DOD concurred with this recommendation, stating that the lead submarine cost estimate and cost risk analysis will be updated to support the lead ship authorization Decision Acquisition Board in 2020. In August 2020, Navy officials indicated that NAVSEA updated the Columbia lead submarine cost estimate. However, this estimate was completed after funding was requested for lead submarine construction. While the Office of Cost Assessment and Program Evaluation plans to conduct an assessment of this estimate in the summer of 2020, the assessment will also be too late to inform the Navy's funding request.

Recommendation: FEMA's Administrator should update the strategy identified in its 2007 Advance Contracting of Goods and Services Report to Congress to clearly define the objectives of advance contracts, how they contribute to FEMA's disaster response operations, and whether and how they should be prioritized in relation to new post-disaster contract awards. (Recommendation 1)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: FEMA agreed with this recommendation. In February 2020, FEMA updated its Disaster Contracting Desk Guide to more clearly identify what advance contracts are and how they should be used in relation to post-disaster contracts. Additionally, in July 2020, FEMA officials stated that they had initiated efforts to draft an advance contract strategy as part of FEMA's policy development process. According to FEMA officials, the directive will outline an agency-wide process for identifying and establishing advance contracts, and encourage the maximum use of advance contracts. The officials anticipate completing the directive by January 2021.

Recommendation: To ensure that IGCEs contain key information consistent with good cost estimating practices, the Secretaries of Education, Health and Human Services, Housing and Urban Development, and Labor should revise or clarify guidance to require that IGCEs document data sources, methodology, and assumptions, and take steps to help ensure that guidance is followed by, for example, providing training or issuing reminders to officials to include this information when developing IGCEs.

Agency: Department of Health and Human Services
Status: Open

Comments: HHS agreed with the recommendation and stated that it will revise guidance on independent government cost estimates. As of September 2020, despite numerous requests, we still have not received any information on steps HHS has taken to address this recommendation.

Recommendation: To ensure that IGCEs are optimized as a tool in the procurement planning process, the Secretaries of Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, and Labor should take steps to ensure that, when appropriate, contracting staff document differences between IGCE and final contract award value in the contract file.

Agency: Department of Health and Human Services
Status: Open

Comments: HHS agreed with the recommendation and stated that it will revise guidance on independent government cost estimates. As of September 2020, despite numerous requests, we still have not received any information on steps HHS has taken to address this recommendation.

Recommendation: To gain visibility and enable efficient management on the use of bridge contracts in federal agencies, the Administrator of OFPP should take appropriate steps to develop a standardized definition for bridge contracts and incorporate it as appropriate into relevant FAR sections.

Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
Status: Open
Priority recommendation

Comments: Staff from the Office of Federal Procurement Policy (OFPP) had previously told us that OFPP would be convening the FAR Council to discuss regulatory action after it completes the development of management guidance. In January 2020, OFPP staff stated that they are reviewing the extent to which this guidance is necessary moving forward, and noted that there is no estimated timeframe for completion of this review. However, in August 2020, OFPP staff said that in light of the focus on COVID and related priorities, OFPP does not have immediate plans to pursue guidance on bridge contracting at this time. OFPP staff noted that OFPP continues to work with agencies to help them effectively leverage acquisition flexibilities that reduce Procurement Acquisition Lead Times to reduce the need for bridge contracts. We continue to believe these actions are important to help ensure agencies do not continue to use these noncompetitive contracts frequently or for prolonged periods of time, thereby risking paying more than they should for goods and services .

Recommendation: To gain visibility and enable efficient management on the use of bridge contracts in federal agencies, the Administrator of OFPP should, as an interim measure, until the FAR is amended, provide guidance to agencies on (1) a definition of bridge contracts, with consideration of contract extensions as well as stand-alone bridge contracts; and (2) suggestions for agencies to track and manage their use of these contracts, such as identifying a contract as a bridge in a Justification and Approval (J&A) when it meets the definition, and listing the history of previous extensions and stand-alone bridge contracts back to the predecessor contract in the J&A.

Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
Status: Open
Priority recommendation

Comments: OMB staff had previously told us that they had drafted guidance, which included a definition for bridge contracts, and that it was under review. In January 2020, OMB staff stated that they are reviewing the extent to which this guidance is necessary moving forward and noted that there is no estimated timeframe for completion of this review. However, in August 2020, OFPP staff said that in light of the focus on COVID and related priorities, OFPP does not have immediate plans to pursue guidance on bridge contracting at this time. OFPP staff noted that OFPP continues to work with agencies to help them effectively leverage acquisition flexibilities that reduce Procurement Acquisition Lead Times to reduce the need for bridge contracts. We continue to believe these actions are important to help ensure agencies do not continue to use these noncompetitive contracts frequently or for prolonged periods of time, thereby risking paying more than they should for goods and services.