Recommendation: The Administrator of the General Services Administration, in coordination with the Secretaries of Defense and Homeland Security, should jointly revisit and assess the extent to which the criteria in the 2018 NIA code Memorandum of Agreement, including criteria for closing NIA codes, meet long-term visibility needs for high visibility events and account for the needs of users, such as FEMA, other agencies, and the Congress. At a minimum, the agreement should include criteria that take into account the roles of the federal agencies involved in response and recovery and provide a process that ensures consistent consideration and implementation of the criteria. (Recommendation 1)
Agency: General Services Administration
Status: Open
Comments: The General Services Administration (GSA) and the Department of Defense (DOD) concurred with the recommendation and the need to regularly review the memorandum of agreement (MOA) and make revisions as applicable. The Department of Homeland Security (DHS) did not respond to the recommendation. In August 2019, GSA, DHS, and DOD revised the agreement, but the revisions did not fully address the recommendation. The revisions included a change to one criterion for closing National Interest Action (NIA) codes--adding consistent decline in contract actions as a criterion and removing the criterion that relied on alternative tracking methods at agencies. However, the revisions to the MOA did not include changes that provide a process to ensure consistent implementation of criteria, or address long-term visibility needs, or account for the needs of users. In July 2020, a DHS official stated that DOD and DHS had conducted an annual review of the MOA and determined no changes were necessary, and that DOD and DHS would consider potential updates to the MOA during their next annual review. GSA officials clarified that, in terms of updating the MOA, GSA is the servicing agency and does not have the authority to determine the criteria for establishing, extending, or end-dating NIA codes. GSA officials stated, and DHS officials agreed, that DHS and DOD determine the criteria for whether a NIA code needs to be established, extended, or end-dated.
Recommendation: The Administrator of the Office of Federal Procurement Policy should provide additional clarification on how contracting officers should determine whether offerors reside or primarily do business in a disaster area for the purposes of a local area set-aside contract. (Recommendation 4)
Agency: Executive Office of the President: Office of Management and Budget: Office of Federal Procurement Policy
Status: Open
Comments: The Office of Federal Procurement Policy concurred with this recommendation. In September 2019, officials identified the Emergency Acquisition Guide as a vehicle to address this recommendation. The Emergency Acquisition Guide, last updated in 2011, is intended to assist the federal contracting community with planning and carrying out procurement activities during contingency events. However, officials did not provide details on how this recommendation would be incorporated or provide time frames for when the guide would be updated. As of July 2020, Office of Federal Procurement Policy staff had not provided an update on implementation of this recommendation.
Recommendation: The Commandant of the Coast Guard should establish a formal process to solicit input from officials directly involved in the agency's response and recovery following a disaster and to share that input with the Emergency Support Function Leadership Group. (Recommendation 8)
Agency: Department of Homeland Security: United States Coast Guard
Status: Open
Comments: The US Coast Guard concurred with this recommendation. In its agency response, the Coast Guard stated that it was reviewing its current policies and processes to update its After Action Report Policy or to identify and implement other policy improvements. As of July 2020, these actions were still in progress.
Recommendation: The FEMA Administrator should take the lead to work together with the Coast Guard and the U.S. Army Corps of Engineers to revise the mission assignment policy and related guidance to better incorporate consideration of contracting needs, such as demobilization, and to ensure clear communication of coordination responsibilities related to contracting. (Recommendation 9)
Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open
Comments: The Federal Emergency Management Agency (FEMA) concurred with the recommendation. In its response, FEMA stated it would work with its federal partners and develop mission assignment project management tools and training. In addition, FEMA is planning to develop a Mission Assignment Project Manager Guide to provide guidance to address the issues GAO identified. As of July 2020, FEMA indicated it would develop a new project plan and timeline for completing these actions in the winter of 2020.
Recommendation: The FEMA Administrator should assess its workforce needs—including staffing levels, mission needs, and skill gaps—for contracting staff, to include regional offices and DART; and develop a plan, including timelines, to address any gaps. (Recommendation 10)
Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open
Comments: The Federal Emergency Management Agency (FEMA) concurred with this recommendation. In its official response, FEMA stated it would take actions to address this recommendation, including hiring contractor support and additional Cadre of On-Call Response/Recovery Employees. As of August 2020, these actions were still in progress. FEMA officials indicated that its workforce assessment was expected to be complete in December 2020.
