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Nuclear Test Lobbying: DOE Regulations for Contractors Need Reevaluation

RCED-88-25BR Published: Oct 09, 1987. Publicly Released: Oct 09, 1987.
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Highlights

In response to a congressional request, GAO reviewed allegations that the Department of Energy (DOE) improperly employed contractors to assist in lobbying activities to influence proposed legislation which would restrict the U.S. nuclear weapons testing program.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Energy The Secretary of Energy should eliminate the requirement in DOE regulations for an advance agreement before the cost principle is made applicable to M&O contractors.
Closed – Implemented
DOE believes that the cost principle regulation is already effective on all M&O contractors, regardless of whether an advance agreement has been negotiated. However, on November 13, 1987, the Senate approved amendment 1187 to H.R. 2700 that restricts the use of DOE appropriated funds to influence legislation or for any purpose not specifically authorized by Congress.
Department of Energy The Secretary of Energy should draft regulations and any additional guidance necessary to make the use of national laboratory contractor personnel consistent with OMB Circulars A-76 and A-120 and Federal Acquisition Regulation (FAR) section 17.603(a) regarding the use of contractor employees or to provide the rationale for any exceptions to the circulars and regulations.
Closed – Not Implemented
DOE believes that sufficient regulations already exist, but did agree to issue a memorandum to focus staff attention on the existing regulations.
Department of Energy The Secretary of Energy should direct the Assistant Secretary for Defense Programs to: (1) determine whether work under task 2.2a should be continued, considering what other services are available to DOE and the appropriations for the work; and (2) if there is a need for the work and it is appropriate, ensure that all efforts under the task are in accordance with applicable DOE regulations and FAR governing inspection and acceptance of work products; approvals, authorizations, and documentation for payments requested; and supervision of contractor personnel.
Closed – Implemented
DOE eliminated task 2.2.a from the contract and is carrying out the work under other existing contract tasks.

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Topics

Contract oversightContractor personnelGOCOLobbying activitiesNuclear weapons testingProposed legislationLobbyingLaboratoriesArms controlFederal agencies