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June 19, 2019 By AMK

GSA out of compliance on improper payments, watchdog finds

Financial controls designed to minimize agency payments to undeserving parties are not being fully followed by the government’s landlord, the General Services Administration, according to a watchdog report released on Friday.

GSA in fiscal 2018 failed to comply with two of six requirements in the amended Improper Payments Act, said the agency’s inspector general. Specifically, the agency “did not publish an accurate improper payment estimate in its Fiscal Year 2018 Agency Financial Report and … [did not] publish accurate and complete improper payments data in its Fiscal Year 2018 Agency Financial Report,” said the report by the team under IG Carol Fortine Ochoa. “GSA’s risk assessment process is flawed and its procedures for the Do Not Pay initiative contain significant deficiencies and are ineffective.”

Federal law requires agencies with programs susceptible to significant improper payments to estimate and report on them annually to the Office of Management and Budget, in addition to implementing corrective actions. But if a program’s estimated and reported improper payments are below the statutory thresholds for a minimum of two consecutive years, the agency may request relief from the annual reporting requirements.

The IG reviewed GSA’s improper payments in rental of space and purchase cards in fiscal 2017 and 2018, having found $109 million in total improper payments in 2017, and then $16.7 million in 2018 in the rental of space program only. The new report’s review covered August 2018 through February 2019.

Keep reading article at: https://www.govexec.com/management/2019/06/gsa-out-compliance-improper-payments-watchdog-finds/157447

Filed Under: Government Contracting News Tagged With: agency financial report, audit, audit findings, CFO, corrective action, deficiencies, Do Not Pay initiative, GSA, IG, improper payment, Improper Payments Act, OMB, purchase card, rental of space, SAM

April 15, 2019 By AMK

Watchdog dings Public Buildings Service for bumpy cloud shift

Efforts by the General Services Administration to protect data gathered by its building lease support services providers got tangled in internal contracting rules, according to an inspector general report.

In 2017, data on building rental rates and federal tenants collected by GSA lease support brokers for GSA’s Public Building Services was transferred to the agency’s virtual desktop interface accounts that are used with GSA Google accounts, the GSA IG said in a recent report.

GSA IT, which is information security manager for the lease support brokers, made the move because it saw some of the six contractors struggling with security requirements. Contractor support services include market surveys, site visits, document preparation and lease negotiations. The shifts were made after the contracts were awarded.

Keep reading this article at: https://fcw.com/articles/2019/03/25/gsa-buildings-cloud-data.aspx

Filed Under: Government Contracting News Tagged With: cloud, GSA, IG, OIG, PBS, public buildings, security systems

April 8, 2019 By AMK

OIG seeks voluntary refund despite contractor’s adherence to TINA requirements

DoD’s Office of Inspector General (OIG) for the Department of Defense (DoD) has recommended that a contractor be requested to provide a refund based on “excessive profits.”

On February 25, 2019, the Office of Inspector General (OIG) for the Department of Defense (DoD) issued an audit report analyzing the prices of spare aviation parts purchased by the Defense Logistics Agency (DLA) and the Army from TransDigm Group, Inc.

The audit was conducted in response to letters from certain Members of Congress, who had inquired whether the spare parts were sold at fair and reasonable prices and in compliance with the Truthful Cost or Pricing Data Act (formerly known as the Truth in Negotiations Act or TINA).

The OIG’s audit confirmed that both TransDigm and the responsible DoD contracting officers fully complied with the Act and related regulations governing the price negotiations, but the OIG nonetheless concluded that the contractor earned excess profit on the majority of parts sold.  In a highly unusual move, the OIG recommended that DoD request a “voluntary refund” from TransDigm of its allegedly “excessive” profits, and the OIG also recommended a number of changes to statutory, regulatory, and administrative policies governing the provision of cost or pricing data.

The OIG’s Findings

At the request of U.S. Representatives Ro Khanna and Tim Ryan and Senator Elizabeth Warren, the OIG reviewed the price reasonableness of 47 spare aircraft parts DoD procured from TransDigm between January 2015 and January 2017.  Using uncertified cost or pricing data that it collected during the audit, the OIG calculated the apparent profit realized by the contractor on the sale of each part, and concluded that the contractor realized “unreasonable” profits (defined as profits of greater than 15% in the report) on all but one of the parts.  (The OIG arrived at the 15 percent profit percentage, in part, by looking at maximum profit percentages allowed in the FAR for three different types of contracts, none of which were fixed price.)  The OIG applied this finding to a broader sampling of contracts held by TransDigm, and concluded that the contractor had earned $16.1 million in “excess profit” (i.e., profit over 15 percent) for the parts at issue.

The OIG concluded that a number of factors contributed to these supposedly “excessive” profits.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/03/when-compliance-is-not-enough-oig-seeks-voluntary-refund-despite-contractors-adherence-to-tina-requirements/

Filed Under: Government Contracting News Tagged With: cost analysis, DLA, DoD, excessive profit, IG, NDAA, OIG, profit, refund, TINA, Truth in Negotiations Act, Truthful Cost or Pricing Data Act, unreasonable profit

April 3, 2019 By AMK

ATF rushed sole-source contracts without market research, watchdog finds

In its efforts to meet small business contracting goals, the Bureau of Alcohol, Tobacco, Firearms and Explosives neglected proper market research and record-keeping before awarding sole-source contracts, a watchdog found.

“Proper documentation is necessary to show that ATF safeguarded federal funds, furthered the purpose of small business programs, and complied with sole-source contracting authorities,” wrote the Justice Department inspector general in a report released on March 14th.

“ATF did not maintain complete contract files and could not demonstrate that it had conducted required market research before awarding several sole-source contracts,” auditors found in a review of 16 sole-source contracts totaling $56 million to nine small businesses in 2016-2017.

Keep reading this article at: https://www.govexec.com/contracting/2019/03/atf-rushed-sole-source-contracts-without-market-research-watchdog-finds/155640/

Filed Under: Government Contracting News Tagged With: acquisition planning, ATF, DOJ, IG, Justice Dept., market research, OIG, small business, sole source

March 14, 2019 By AMK

IRS wasted $3.4 million on software it never used, watchdog says

IT management shortcomings led the IRS to waste millions of dollars on licenses and subscriptions for software agency officials never used, according to an internal watchdog.

Because it failed to follow federal acquisition requirements, the agency also deployed a software product that fell far short of its promised functionality, auditors said.

In a recent report, the Treasury Inspector General for Tax Administration found the IRS didn’t actively manage its IT assets or monitor the cost of the myriad software subscription and support packages used across the enterprise. As a result, the agency spent roughly $3.4 million between 2015 and 2017 on tools it didn’t need, auditors said.

They also found insufficient management caused the agency to lean too heavily on a separate package of software tools, which put it at risk of penalties and fines from the vendor, IBM.

Keep reading this article at: https://www.nextgov.com/it-modernization/2019/03/irs-wasted-34-million-software-it-never-used-watchdog-says/155247/

Filed Under: Government Contracting News Tagged With: BigFix, Commerce Dept., functionality, IG, IRS, IT, OIG, software, waste

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