Recommendation: The Director of OMB should develop and implement a plan with GSA that outlines the actions needed to fully recover the TMF Program Management Office's operating expenses with administrative fee collection in a timely manner. (Recommendation 1)

Agency: Executive Office of the President: Office of Management and Budget: Office of the Director
Status: Open

Comments: The Office of Management and Budget (OMB) has not yet taken any actions to implement our recommendation. We will continue to monitor OMB's progress in implementing this recommendation.

Recommendation: The Director of OMB should work with GSA to clarify the requirement in the TMF guidance that agencies follow the cost estimating process outlined in Circular A-11 (that references GAO's cost estimating guidance discussed in this report), when developing the proposal cost estimate. (Recommendation 2)

Agency: Executive Office of the President: Office of Management and Budget: Office of the Director
Status: Open

Comments: The Office of Management and Budget (OMB) has not yet taken any actions to implement our recommendation. We will continue to monitor OMB's progress in implementing this recommendation.

Recommendation: The Administrator of General Services should develop and implement a plan with OMB that outlines the actions needed to fully recover the TMF Program Management Office's operating expenses with administrative fee collection in a timely manner. (Recommendation 3)

Agency: General Services Administration
Status: Open

Comments: The General Services Administration (GSA) has not yet taken any actions to implement our recommendation. We will continue to monitor GSA's progress in implementing this recommendation.

Recommendation: The Administrator of General Services should work with OMB to clarify the requirement in the TMF guidance that agencies follow the cost estimating process outlined in Circular A-11 (that references GAO's cost estimating guidance discussed in this report), when developing the proposal cost estimate. (Recommendation 4)

Agency: General Services Administration
Status: Open

Comments: The General Services Administration (GSA) has not yet taken any actions to implement our recommendation. We will continue to monitor GSA's progress in implementing this recommendation.

Recommendation: The Administrator of General Services should develop detailed guidance for completing the Technology Modernization Fund project cost estimate template, including information on the data elements and the fields required to be completed, in order to help ensure the accuracy and completeness of the provided information. (Recommendation 5)

Agency: General Services Administration
Status: Open

Comments: In comments on our report, the General Services Administration (GSA) concurred with our recommendation but has not yet taken any actions to implement our recommendation. We will continue to monitor GSA's progress in implementing this recommendation.

Recommendation: The Secretary of Energy, in coordination with the Administrator of NNSA, should formally communicate to the relevant congressional committees concerns about, and suggested changes to, the enhanced procurement authority in a timely manner. (Recommendation 1)

Agency: Department of Energy
Status: Open

Comments: NNSA agreed with the recommendation. NNSA officials said they submitted an assessment that includes information on suggested changes to the authority to the congressional committees in March 2020. We requested a copy of the assessment and will update the status of this recommendation after we receive and review it.

Recommendation: The Secretary of Defense should ensure that the Director, Defense Pricing and Contracting , addresses how contracting officials using the LPTA process should apply the Section 813 criterion regarding procurement for goods that are predominantly expendable in nature, nontechnical, or have a short life expectancy or shelf life as revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) are considered. (Recommendation 1)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and issued supplemental guidance in September 2019. The guidance does not clarify what goods qualify as being predominantly expendable in nature, nontechnical, or have a short life expectancy or shelf life. It states contracting officers should check with the requiring activity to make this determination. However, since there is no clear definition of these terms, requiring activities will not have any better insight how to apply this criterion than contracting officers. We maintain that DOD needs to clarify how these terms should apply to goods..

Recommendation: The Secretary of Defense should ensure that the Director, Defense Pricing and Contracting addresses how contracting officials using the LPTA process should apply the Section 813 criterion regarding full life-cycle costs, including for operations and support as revisions to the DFARS are considered. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and issued supplemental guidance in September 2019. This guidance states it is up to the requiring activity to document that the lowest price reflects the full life cycle costs. However, through our work it was unclear to those we interviewed how to determine a full life cycle costs for services. The guidance cites DoD Instruction 4140.01, DoD Supply Chain Material Management Policy for further guidance on how to determine life cycle costs for services. This policy does not clarify how life cycle costs should be applied to services. We maintain that DOD needs to clarify how this requirement should be implemented by contracting officers as the guidance issued does not do this.

Recommendation: The U.S. Trade Representative should, with appropriate experts in Commerce, OMB, and GSA, improve the U.S. methodology for providing federal government procurement statistics to the WTO to ensure both accurate and more timely reporting, consistent with GPA requirements--for example, by providing preliminary estimates and updated values of covered federal procurement or by using an alternative methodology that bases measures of covered government procurement on actual annual obligations, if USTR determines that such an approach is consistent with WTO obligations.

Agency: Executive Office of the President: Office of the United States Trade Representative
Status: Open

Comments: In February 2017 we reported that the United States had revised its approach to statistical reporting to the World Trade Organization (WTO) about covered federal government procurement from an "award values" methodology to an actual "cumulative obligations" approach in October 2015. The "cumulative obligations" methodology resulted in a more accurate measure of covered federal procurement, but it introduced a 6-year delay in reporting. We found this reporting delay inconsistent with the 2014 WTO Agreement on Government Procurement (GPA) requirement of reporting within 2 years of the end of the reporting period. We recommended that the U.S. Trade Representative (USTR) should, with appropriate experts in Commerce, Office of Management and Budget, and General Services Administration, improve the U.S. methodology for providing covered federal government procurement statistics to the WTO to ensure both accurate and more timely reporting, consistent with GPA requirements--for example, by providing preliminary estimates and updated values of covered federal procurement or by using an alternative methodology that bases measures of covered government procurement on actual annual obligations, if USTR determines that such an approach is consistent with WTO obligations. Following the issuance of our report, in December 2017 USTR reported that they had worked with other agencies to improve their methods. While they decided to continue to report statistics using the "cumulative obligations" methodology they decided to also report "partially reported" (preliminary) statistics to improve the timeliness of U.S. reporting. This preliminary data was to be based on the same data used in the "cumulative obligations" methodology but can be submitted within two years of the end of the reporting period and therefore comply with GPA statistical reporting obligations. USTR submitted preliminary statistics for FY 2015 on November 15, 2017; for FY 2016 on October 31, 2018; and for FY 2017 on October 29, 2019. USTR will later update these statistics to reflect the "final" total value in 2021. GAO will continue to monitor this recommendation until that time.

Recommendation: To help mitigate confusion about the use of reverse auctions in federal acquisitions, the Director of the Office of Management and Budget should take steps to amend the FAR to address agencies' use of reverse auctions.

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

Comments: In providing comments on this report, OMB generally concurred with this recommendation. The FAR Council members issued a timetable in Spring 2020 for the proposed regulatory changes to address the use of reverse auctions in response to GAO's recommendations and 2015 guidance released by the Office of Federal Procurement Policy (OFPP). The notice of proposed rulemaking was planned for August 2020. As of August 10, 2020, the notice of proposed rulemaking had not been published. OMB officials did not provide a revised date when they planned to publish the notice.