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Broadcasting to Cuba: Weaknesses in Contracting Practices Reduced Visibility into Selected Award Decisions

GAO-08-764 Published: Jul 11, 2008. Publicly Released: Jul 15, 2008.
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Highlights

The United States has long provided the Cuban people with alternative sources of news and information. As part of this effort, in December 2006 the International Broadcasting Bureau (IBB) awarded sole-source contracts to two Miami radio and television stations--Radio Mambi and TV Azteca--to provide additional broadcasting options. Additionally, the Office of Cuba Broadcasting (OCB) annually awards millions of dollars in contracts for talent services--writers, reporters, and technical support--needed to produce and broadcast news and entertainment programming. GAO evaluated the processes used to award (1) the Radio Mambi and TV Azteca broadcasting contracts, and (2) talent services contracts. We reviewed contract files and other documentation and interviewed program managers and contracting officers to determine the process used to award the two broadcasting contracts and a nongeneralizable selection of 37 talent services contracts.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
U.S. Agency for Global Media To better inform acquisition decisions, improve transparency, and ensure that competition is effectively utilized, the Broadcasting Board of Governors should direct IBB to reinforce existing requirements to fully document information and assumptions supporting key decisions, such as when awarding contracts using other than full and open competition.
Closed – Implemented
BBG issued guidance to reinforce critical acquisition requirements, including the need to ensure acquisition files are documented with all information and assumptions supporting key decision factors. The guidance also noted that acquisition files must show evidence of competition or appropriate written justification for other than full and open competition.
U.S. Agency for Global Media To better inform acquisition decisions, improve transparency, and ensure that competition is effectively utilized, the Broadcasting Board of Governors should direct IBB to reinforce existing policy for its programming staff to involve contracting personnel at the earliest possible time during the acquisition planning stage.
Closed – Implemented
BBG issued guidance to reinforce the requirement to notify the contracting officer of office requirements prior to soliciting sources or initiating contract negotiations, to ensure that the advanced acquisition planning, market research, and competition required by law are conducted.
U.S. Agency for Global Media To better inform acquisition decisions, improve transparency, and ensure that competition is effectively utilized, the Broadcasting Board of Governors should direct IBB to plan for full and open competition on any future contracts for radio and television broadcasting services that exceed the simplified acquisition threshold.
Closed – Implemented
In July 2012, Broadcasting Board of Governors identified three of five TV broadcasting contracts that International Broadcasting Bureau (IBB) awarded competitively between July 2010 and July 2012. Based on this, IBB is competitively awarding TV broadcasting contracts.
U.S. Agency for Global Media With respect to improving IBB's guidance governing contracts for talent services, the Broadcasting Board of Governors should direct IBB to clarify requirements in IBB's Contracting for Talent and Other Professional Services Handbook on the receipt and evaluation of resumes and ensure that OCB's practices are consistent with IBB's guidance.
Closed – Implemented
BBG's Office of Cuba Broadcasting revised procurement procedures and documentation requirements to require that all potential service providers' resumes be centrally submitted to the Office of Administration, which will review the resumes and make them available to all managers for award consideration. These revised procedures also require that managers document that at least three service providers were considered before making an award, and the rationale for selecting the provider.
U.S. Agency for Global Media With respect to improving IBB's guidance governing contracts for talent services, the Broadcasting Board of Governors should direct IBB to determine how the pricing guidance in IBB's handbook could better meet users' needs as part of its planned revision to the handbook.
Closed – Implemented
IBB revised its handbook to direct managers to not use the pricing guidance to determine fair and reasonable rates for talent services and that it should be only be used for budgetary and planning purposes. The handbook now advises that payments for contractor services should be based on the nature of the assignment, the expertise of the contractor, and budgetary constraints. Finally, to help determine a fair rate, the handbook suggests that the internet may be used to obtain information on recent salaries paid within the geographic locations the contractor will be operating.

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Topics

CompetitionContract oversightContract performanceContractsDocumentationFederal regulationsForeign governmentsInteragency relationsInternational relationsPerformance measuresPrices and pricingProcurement planningProcurement policyProcurement practicesProcurement recordsProcurement regulationsRadioRadio broadcastingRecords managementReporting requirementsService contractsSolicitationsTelevisionTelevision broadcastingForeign countries