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: SBA's Associate Administrator for Government Contracting and Business Development should develop a central repository for PCRs to store the supporting documentation for the data they report on their activities. (Recommendation 1)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: SBA's Associate Administrator for Government Contracting and Business Development should ensure that SBA submits required reports to Congress on PCRs' assignments and activities. (Recommendation 2)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Senior Procurement Executive for the Department of the Army should review the contracts we identified as being awarded to contractors that reported qualifying federal tax debt under FAR § 52.209-11 and (1) determine whether the contracting officer was required to consider the contractor's reported tax debt; if so, (2) determine the reasons controls to identify and refer these contractors to the SDO before contract award did not operate effectively; and (3) design or modify controls to help ensure compliance with applicable regulations. (Recommendation 1)

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

Comments: Army provided us information on their review of the contracts that reported qualifying federal tax debt under FAR ? 52.209-11. We are assessing Army's review of these contracts and will provide updated information when we confirm whether the agency's review, and any subsequent actions stemming from its review, are consistent with our recommendation.

Recommendation: The Senior Procurement Executive for the Department of Health and Human Services (HHS) should review the contracts we identified as being awarded to contractors that reported qualifying federal tax debt under FAR § 52.209-11 and (1) determine whether the contracting officer was required to consider the contractor's reported tax debt; if so, (2) determine the reasons controls to identify and refer these contractors to the SDO before contract award did not operate effectively; and (3) design or modify controls to help ensure compliance with applicable regulations. (Recommendation 2)

Agency: Department of Health and Human Services
Status: Open

Comments: HHS provided us information on their review of the contracts that reported qualifying federal tax debt under FAR ? 52.209-11. We are assessing HHS's review of these contracts and will provide updated information when we confirm whether the agency's review, and any subsequent actions stemming from its review, are consistent with our recommendation.

Recommendation: The Senior Procurement Executive for the Department of the Army should review the contracts we identified as being awarded to contractors that reported qualifying federal tax debt under FAR § 52.209-5. Specifically, the Senior Procurement Executive should determine whether each contract value was expected to exceed the simplified acquisition threshold when the solicitation was issued and, if so, (1) determine the reasons controls to identify and notify the SDO of these contractors before contract award did not operate effectively and (2) design or modify controls to help ensure compliance with applicable regulations. (Recommendation 5)

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

Comments: Army provided us information on their review of the contracts that reported qualifying federal tax debt under FAR ? 52.209-5. We are assessing Army's review of these contracts and will provide updated information when we confirm whether the agency's review, and any subsequent actions stemming from its review, are consistent with our recommendation.

Recommendation: The Senior Procurement Executive for the Department of Energy should review the contracts we identified as being awarded to contractors that reported qualifying federal tax debt under FAR § 52.209-5. Specifically, the Senior Procurement Executive should determine whether each contract value was expected to exceed the simplified acquisition threshold when the solicitation was issued and, if so, (1) determine the reasons controls to identify and notify the SDO of these contractors before contract award did not operate effectively and (2) design or modify controls to help ensure compliance with applicable regulations. (Recommendation 6)

Agency: Department of Energy
Status: Open

Comments: The Department of Energy (DOE) provided us information on their review of the contracts that reported qualifying federal tax debt under FAR ? 52.209-5. We are assessing the DOE's review of these contracts and will provide updated information when we confirm whether the agency's review, and any subsequent actions stemming from its review, are consistent with our recommendation.

Recommendation: The Senior Procurement Executive for HHS should review the contracts we identified as being awarded to contractors that reported qualifying federal tax debt under FAR § 52.209-5. Specifically, the Senior Procurement Executive should determine whether each contract value was expected to exceed the simplified acquisition threshold when the solicitation was issued and, if so, (1) determine the reasons controls to identify and notify the SDO of these contractors before contract award did not operate effectively and (2) design or modify controls to help ensure compliance with applicable regulations. (Recommendation 7)

Agency: Department of Health and Human Services
Status: Open

Comments: HHS provided us information on their review of the contracts that reported qualifying federal tax debt under FAR ? 52.209-5. We are assessing HHS's review of these contracts and will provide updated information when we confirm whether the agency's review, and any subsequent actions stemming from its review, are consistent with our recommendation.

Recommendation: The Administrator of the General Services Administration should coordinate with the appropriate System for Award Management users, such as agency procurement officials, to identify potential updates to facilitate contracting officers' identification of contractors that report qualifying federal tax debt under the § 52.209-11 representation and § 52.209-5 certification. (Recommendation 10)

Agency: General Services Administration
Status: Open

Comments: GSA concurred with this recommendation and stated it would work with the procurement community to identify potential approaches to draw contracting officers' attention to qualifying federal tax debt information reported by contractors is the System for Award Management under the FAR ? 52.209-5 certification and ? 52.209-11 representation. We will assess these actions after they have been completed.

Recommendation: The Commissioner of the IRS should evaluate options to obtain comprehensive contract payment data above the existing Federal Procurement Data System–Next Generation (FPDS-NG) reporting threshold of $10,000, including assessing the costs and benefits of changing the current threshold for contracts that agencies are required to report to the IRS through Form 8596 information returns to be consistent with the existing reporting threshold for FPDS-NG, determine whether regulatory revisions are necessary, and change the reporting threshold, if appropriate. (Recommendation 12)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS concurred with this recommendation and stated that it is reviewing the potential benefits and costs that would result from implementing this recommendation. We will assess these actions after they have been completed.

Recommendation: The SBA Administrator or her designee should (1) develop a process for periodically reviewing Federal Procurement Data System-Next Generation (FPDS-NG) data to determine the extent to which agencies are awarding WOSB program set-asides under ineligible North American Industry Classification System (NAICS) codes and (2) take steps to address any issues identified, such as providing targeted outreach or training to agencies making awards under ineligible codes. (Recommendation 1)

Agency: Small Business Administration
Status: Open

Comments: In May 2019, SBA analyzed FPDS-NG data to review the use of ineligible NAICS codes in the WOSB program. SBA officials also noted that they plan to conduct these reviews on an ongoing basis. As part of their May 2019 analysis, SBA identified federal agencies that had used ineligible NAICS codes. As of October 2019, SBA officials said that they were taking steps, including drafting presentation materials, to provide training on NAICS codes to agencies and planned to present quarterly at the Small Business Procurement Advisory Council FY 2020 meetings. SBA officials also noted that they had also provided training on NAICS codes as part of its FY 2019 performance reviews of procurement centers.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should explore the feasibility of requiring a corporate identification number in its inspection database and enabling its website to be searched by that number. This should include exploring the following issues: (1) which corporate identification number would be most appropriate to require; (2) options for obtaining this number from employers; and (3) options for entering this number in its database that would prevent or minimize delays in closing inspection records. (Recommendation 1)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA did not state whether it agreed with this recommendation. The agency acknowledged the potential utility of obtaining a unique identifier from each employer and said it will continue to promote the collection of Employer Identification Numbers (EIN) or Tax Identification Numbers (TIN) whenever possible by issuing a revised memorandum to field staff to reinforce the importance of collecting this information. OSHA stated that it does not view EINs as confidential or protected from disclosure. However, it expressed concerns about protecting TINs and Social Security Numbers from disclosure, and noted that it would not be able to make a data field available for public search if it contained either of these numbers. OSHA also raised concerns about the financial cost associated with redesigning the agency's data system. We encourage OSHA to explore options for addressing these concerns as it further considers how to implement this recommendation.

Recommendation: The Secretary of Defense should provide information to contracting officials to advise them that the OSHA website is a resource for information about contractors' workplace safety and health records. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and identified implementation timelines. We will monitor the agency's progress.

Recommendation: The Secretary of Defense should explore the feasibility of requiring a safety performance rating for contracts in industries that have relatively high rates of occupational injuries, such as manufacturing, construction, and ship building and repairing. (Recommendation 3)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and identified implementation timelines. We will monitor the agency's progress.

Recommendation: The Secretary of Defense should direct the Under Secretary of Defense for Acquisition and Sustainment to identify the reasons behind the high rate of miscoding for orders awarded under multiple award contracts and use this information to identify and take action to improve the reliability of the competition data entered into FPDS-NG. (Recommendation 1)

Agency: Department of Defense
Status: Open

Comments: In November 2018, and in response to our draft report, DOD stated that it would analyze the Federal Procurement Data System- Next Generation data in an effort to identify why the miscoding of orders under multiple award contracts occurs, and use this information to advise the contracting community of actions to improve the reliability of the competition data. In July 2019, DOD officials stated they did not have an update regarding planned actions to address the recommendation. As of September 2020, DOD officials did not respond to our multiple requests for updates to this recommendation.

Recommendation: The Secretary of Health and Human Services should direct the Associate Deputy Assistant Secretary for Acquisition to identify the reasons behind the high rate of miscoding for orders awarded under multiple award contracts and use this information to identify and take action to improve the reliability of the competition data entered into FPDS-NG. (Recommendation 2)

Agency: Department of Health and Human Services
Status: Open

Comments: In February 2019, HHS stated it was performing analysis and research to understand the reasons for the miscoding of orders. Once this analysis and research is completed, HHS reported it plans to work to address the root causes of the previously identified miscodings, so as to prevent future errors. In July 2019, HHS officials stated they did not have an update regarding planned actions to address the recommendation. As of September 2020, HHS officials did not respond to our multiple requests for updates to this recommendation.

Recommendation: The SBA Administrator or her designee should complete the design and implementation of a comprehensive evaluation of the Small Business Procurement Scorecard aligned with key attributes of effective program evaluations to assess the effectiveness of the revised scorecard in measuring agency performance and promoting small business procurement opportunities. (Recommendation 1)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The SBA Administrator or her designee should institute a process to review Small Business Procurement Scorecards for accuracy prior to publication and a mechanism for publicly identifying when issued scorecards have been revised. (Recommendation 2)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

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.