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Contract Management: OFPP Policy Regarding Share-in-Savings Contracting Pursuant to the E-Government Act of 2002

GAO-03-552R Published: Mar 24, 2003. Publicly Released: Mar 24, 2003.
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Highlights

In January 2003, we issued two reports that provide insight regarding the share-in-savings (SIS) provisions of the E-Government Act of 2002: one on critical elements of training for new acquisition initiatives and one on commercial practices that foster successful SIS contracting. As follow-up to these reports, we are writing to underscore the need for the Office of Federal Procurement Policy (OFPP) to ensure (1) that members of the federal acquisition workforce understand and appropriately apply this new authority and (2) that appropriate data are collected and available to meet mandated reporting requirements regarding the effective use of SIS contracting. SIS contracting represents a significant change in the way the federal government acquires information technology. In our report on improving training for new acquisition initiatives, we emphasized the importance that industry and government experts place on training to successfully implement such change. Training on this information technology acquisition initiative will be essential to its effective implementation. In our report on SIS contracting, we highlighted the federal government's limited experience with SIS contracting as well as conditions that fostered successful implementation in commercial SIS contracts.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of Federal Procurement Policy In view of the potential benefits of this initiative, we think OFPP should consider developing policy and guidance that specifically address the need for a well-defined training program.
Closed – Not Implemented
In January 2006, the agency councils that propose acquisition rules agreed to withdraw a rule they had proposed in 2004 that would have set policy and guidance for share-in-savings (FAR Case 2003-008). The proposed rule would have amended the Federal Acquisition Regulation to include share-in-savings contracting as authorized by the E-Government Act of 2002. However, Congress did not renew the limited statutory authority, which expired in September 2005. Although agencies may continue to use share-in-savings contracting even without the E-Government Act's authority, the senior Office of Federal Procurement Policy (OFPP) official responsible for the Office of Management and Budget's earlier initiative to implement the authority informed us that use of this approach to finance new information technology projects costs more than direct appropriations. Moreover, in view of cost concerns and the non-renewal of congressional authority, OFPP does not plan further action to develop policy and guidance to implement share-in-savings contracting, and as such there is no need to address development of a well-defined training program.
Office of Federal Procurement Policy In view of the potential benefits of this initiative, we think OFPP should consider developing policy and guidance that incorporate practices that fostered success in the commercial SIS contracts we reviewed.
Closed – Not Implemented
In January 2006, the agency councils that propose acquisition rules agreed to withdraw a rule they had proposed in 2004 that would have set policy and guidance for share-in-savings. The proposed rule would have amended the Federal Acquisition Regulation to include share-in-savings contracting as authorized by the E-Government Act of 2002. However, Congress did not renew the limited statutory authority, which expired in September 2005. Although agencies may continue to use share-in-savings contracting even without the E-Government Act's authority, the senior OFPP official responsible for the Office of Management and Budget's earlier initiative to implement the authority informed us that use of this approach to finance new information technology projects costs more than direct appropriations. Moreover, in view of cost concerns and the non-renewal of congressional authority, OFPP does not plan further action to develop policy and guidance to implement share-in-savings contracting, and as such there is no need to incorporate practices that fostered success in the commercial share-in-savings contracts we reviewed (Contract Management: Commercial Use of Share-in-Savings Contracting, GAO-03-327, Jan. 31, 2003).

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Topics

Data collectionE-governmentEducationFederal procurementInformation technologyReporting requirementsFederal acquisition streamliningBudgetsGovernment procurementFederal procurement policy