This is the accessible text file for GAO report number GAO-05-736 
entitled 'Federal Contracting: Share-in-Savings Initiative Not Yet 
Tested' which was released on July 26, 2005. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as part 
of a longer term project to improve GAO products' accessibility. Every 
attempt has been made to maintain the structural and data integrity of 
the original printed product. Accessibility features, such as text 
descriptions of tables, consecutively numbered footnotes placed at the 
end of the file, and the text of agency comment letters, are provided 
but may not exactly duplicate the presentation or format of the printed 
version. The portable document format (PDF) file is an exact electronic 
replica of the printed version. We welcome your feedback. Please E-mail 
your comments regarding the contents or accessibility features of this 
document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

Report to Congressional Committees: 

United States Government Accountability Office: 

GAO: 

July 2005: 

Federal Contracting: 

Share-in-Savings Initiative Not Yet Tested: 

GAO-05-736: 

GAO Highlights: 

Highlights of GAO-05-736, a report to congressional committees: 

Why GAO Did This Study: 

Federal agencies spend billions of dollars every year on information 
technology. Increasingly, agencies are using performance-based 
contracting methods where they specify desired outcomes and allow 
contractors to design the best solutions to achieve those outcomes. 
Share-in-savings contracting is one such method under which a 
contractor provides funding for a project, and the agency compensates 
the contractor from any savings derived as a result of contract 
performance.

The E-Government Act of 2002 authorized the use of share-in-savings 
contracting for information technology and required implementing 
regulations by mid-September 2003. The Office of Management and Budget 
(OMB) reported in December 2004 that no share-in-savings contracts had 
been awarded. The act’s authority expires in September 2005.

The act required GAO to assess the effectiveness of share-in-savings 
contracts under the act. Because no such contracts have been awarded, 
GAO cannot provide an assessment. Instead, GAO reviewed the status of 
regulations and tools available to agencies in developing these 
contracts and identified the reasons agencies have not used the 
authority provided by the act. 

OMB and the General Services Administration (GSA) generally agreed with 
GAO’s report.

What GAO Found: 

More than 2 years after enactment of the E-Government Act of 2002, 
implementing regulations and OMB guidance for using share-in-savings 
contracts for information technology have yet to be issued. OMB 
officials indicate, however, that implementing regulations and share-in-
savings guidance will be issued in the near future. GSA—which the act 
holds responsible for helping agencies identify share-in-savings 
opportunities, among other requirements—established a share-in-savings 
program office in February 2003. A few months later, GSA launched two 
Web-based tools, one of which is designed to assist agencies in 
identifying cost-effective uses for the share-in-savings approach and 
producing business cases for using share-in-savings for information 
technology projects. As of March 2005, this tool had been used more 
than 200 times. A total of 15 business cases were deemed potential 
share-in-savings candidates, however, none of these resulted in a 
contract award.

GSA hired a contractor that developed a 2-day training course for share-
in-savings contracting, but only 21 federal acquisition employees have 
taken the course. And even though GSA prequalified six contractors as 
viable information technology system solution providers with commercial 
share-in-savings experience, no agencies have taken advantage of these 
opportunities to award a share-in-savings contract.

Officials from 11 agencies cited a number of reasons that the share-in-
savings initiative has not resulted in the award of contracts for 
information technology projects. Reasons include 

* lack of implementing regulations;
* difficulty determining baseline costs;
* a belief that the return on investment using share-in-savings 
contracts is insufficient; 
* concerns among agency officials that they still would have to obtain 
funding for cancellation and termination liability, which can be a 
significant sum; and
* too few acquisition employees have been trained to use the share-in-
savings contracting technique.

Since OMB expects the implementing regulations and share-in-savings 
guidance to be issued soon, at least some of the reasons agencies cited 
for not using the share-in-savings contracting authority for 
information technology soon could be addressed. Whether or not other 
reasons can be overcome may not be known unless the authority is 
extended.

www.gao.gov/cgi-bin/getrpt?GAO-05-736.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact William T. Woods at (202) 
512-4841 or woodsw@gao.gov.

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Share-in-Savings Regulations and Guidance Lag Behind Progress in Other 
Areas: 

Use of Share-in-Savings Authority Hindered by Issues Related to 
Regulations, Baseline Costs, Up-front Funding, and Training: 

Conclusions: 

Agency Comments: 

Scope and Methodology: 

Abbreviations: 

FAR: Federal Acquisition Regulation: 

GSA: General Services Administration: 

OMB: Office of Management and Budget: 

United States Government Accountability Office: 

Washington, DC 20548: 

July 26, 2005: 

The Honorable Susan M. Collins: 
Chairman: 
The Honorable Joseph I. Lieberman: 
Ranking Minority Member: 
Committee on Homeland Security and Governmental Affairs: 
United States Senate: 

The Honorable Thomas M. Davis: 
Chairman: 
The Honorable Henry A. Waxman: 
Ranking Minority Member: 
Committee on Government Reform: 
House of Representatives: 

Federal agencies spend billions of dollars every year on information 
technology to improve mission-related or administrative processes. To 
try to maximize the prospects for success of information technology 
projects, agencies are increasingly using performance-based contracting 
methods where they specify desired outcomes and allow the contractors 
to design the best solutions to achieve those outcomes. Share-in-
savings contracting is a performance-based technique, under which a 
contractor provides the initial funding for a project and the agency 
then compensates the contractor from any financial benefits derived as 
a result of contract performance. 

The E-Government Act of 2002 authorized the use of share-in-savings 
contracting to obtain information technology.[Footnote 1] This 
authority is set to expire at the end of September 2005. The act 
required that implementing regulations be issued no later than 
September 2003. It also required that the Office of Management and 
Budget (OMB) report to Congress on the use of this authority, and that 
we report on our assessment of the effectiveness of share-in-savings 
contracting. In December 2004, OMB reported that no share-in-savings 
contracts for information technology projects had been awarded. We 
cannot, therefore, provide an assessment of the effectiveness of this 
contracting method. As agreed with your offices, however, we (1) 
determined the status of regulations, guidance, and program level 
support available to agencies in developing share-in-savings contracts 
for information technology, and (2) identified the reasons agencies 
have not used the authority provided by the legislation. 

To determine the status of share-in-savings regulations, guidance, and 
program-level support, we obtained documentation from and interviewed 
officials with OMB and the General Services Administration (GSA), which 
is responsible for identifying potential share-in-savings opportunities 
and providing guidance to the agencies. To determine the reasons 
agencies have not entered into share-in-savings contracts for 
information technology, we interviewed officials at seven agencies with 
high-dollar contracting in information technology during fiscal year 
2003. We also interviewed officials at four additional agencies that 
had expressed interest in annual budget submissions to OMB in using 
share-in-savings contracts for information technology. We conducted our 
review from February 2005 through June 2005 in accordance with 
generally accepted government auditing standards. 

Results in Brief: 

More than 2 years after enactment of the E-Government Act of 2002, the 
regulations required to implement the authority to use share-in-savings 
contracts for information technology have yet to be issued. Although 
proposed regulations were issued in July 2004, the final regulations 
are still undergoing review. OMB also is developing additional guidance 
to ensure that share-in-savings projects are based on sound business 
cases. OMB officials indicated that the implementing regulations and 
guidance would be issued soon. GSA has established a program office and 
launched two Web-based tools to assist agencies in identifying suitable 
share-in-savings projects and to help them evaluate the merits of 
prospective projects. Fifteen out of more than 200 projects evaluated 
through the use of one of these tools warranted further consideration, 
according to GSA, but to date, none of these projects has resulted in 
the award of a share-in-savings contract. GSA has arranged for training 
courses to teach the federal acquisition workforce how to use share-in- 
savings contracting and identify suitable information technology 
candidates. Only 21 federal employees, however, have taken the 
training. 

Officials cited various reasons to explain the lack of share-in-savings 
contracts for information technology. The reasons included the absence 
of implementing regulations, the difficulty of determining baseline 
costs, and concerns that the return on investment may be too low to 
attract potential contractors. Agency officials told us they are 
reluctant to use share-in-savings contracting until the implementing 
regulations are finalized. In addition, officials said that even though 
contractors would be required to provide up-front funding, agencies 
would still need available appropriations to cover potential 
cancellation or termination liability, which can be a significant sum. 
Officials also said that too few acquisition personnel have been 
trained to use this innovative contracting technique. 

Since OMB expects the implementing regulations and share-in-savings 
guidance to be issued soon, at least some of the reasons agencies cited 
for not using the authority for information technology soon could be 
addressed. Whether or not other reasons can be overcome may not be 
known unless the authority is extended. 

We provided a draft of this report to OMB and GSA for their review and 
comment. Both agencies concurred with the report. OMB provided further 
observation on the development of regulations and guidance for 
implementing the share-in-savings initiative. 

Background: 

Share-in-savings contracts fall under the umbrella of performance-based 
contracting, in which a federal agency specifies the outcome or result 
it desires and lets the contractor decide how best to achieve the 
desired outcome. In theory, share-in-savings contracting can provide a 
number of potential benefits to both an agency and its contractor. For 
example, an agency can ask a contractor to provide up-front funding, in 
which case most of the financial risk of the project shifts from the 
government to the contractor. The agency also can leverage the 
contractor's stake in the success of a project since the contractor 
receives payment only after demonstrating that the project--a new or 
upgraded information technology system, for example--saves the agency 
money. Unexpected problems, such as a delay in system installation, 
could erase some of the projected savings, so the contractor has an 
incentive to effectively manage overall costs, schedule, and 
performance. In short, the contractor is paid for results, not just for 
effort. Because of the increased financial risk a contractor assumes, a 
contractor can earn a greater return with a share-in-savings contract 
compared to the return on a traditional contract. 

In 1996, the Clinger-Cohen Act authorized limited pilot programs to 
test the feasibility of share-in-savings contracts for information 
technology. In 2002, the E-Government Act expanded authority to award 
share-in-savings contracts in fiscal years 2003 through 2005 to acquire 
information technology solutions and provided incentives for agencies 
to enter into such contracts. For example, agencies are allowed to 
retain, in their information technology accounts, any savings above 
amounts paid to their contractors. The act required the OMB to report 
to Congress on the number of share-in-savings contracts entered into 
under this initiative. In December 2004, the OMB reported that no 
contracts for information technology projects had been awarded. 

In 2003, we issued two reports related to the use of share-in-savings 
contracts.[Footnote 2] Our January 2003 report, which focused on 
commercial use of share-in-savings contracting, found that this 
approach can be an effective technique to motivate contractors to 
generate savings and revenues for clients. To be successful, though, 
clients and contractors need to agree on goals and objectives and how 
to achieve them. Our March 2003 correspondence to OMB addressed the 
need for OMB's Office of Federal Procurement Policy to ensure that 
members of the federal acquisition workforce understand and 
appropriately apply the authority of the E-Government Act of 2002. 

The Department of Energy has used share-in-savings contracting for 
technology solutions to reduce energy consumption. Congress authorized 
the department, among other federal agencies, to use a type of share- 
in-savings contract for private financing of energy-efficiency 
improvements in federal facilities.[Footnote 3] Rather than use up- 
front appropriations from Congress, the department asked energy service 
contractors to contribute the up-front costs for identifying a federal 
facility's energy needs as well as buying, installing, operating, and 
maintaining energy-efficient equipment to reduce energy bills. In 
return, the contractors get a share of the energy savings generated by 
the improvements. We have found that agencies that have used energy 
savings performance contracts have reduced their energy consumption and 
achieved other goals.[Footnote 4]

We have raised questions, however, about the use of share-in-savings 
contracts for energy-efficiency improvements. For example, a number of 
factors may cause third-party financing of long-term capital 
improvement projects to be more expensive than the direct use of 
available appropriated funds.[Footnote 5] This is so because the 
interest rate paid by a contractor for needed capital typically would 
be higher than if the improvements were funded through appropriations. 
Inevitably, by opting to use a share-in-savings contract, the federal 
agency would have to take into account the contractor's higher cost of 
financing than if the agency had funded the project itself. Another 
area of concern is how share-in-savings contracts should be reflected 
in the federal budget, an issue about which federal budget agencies 
disagree. On the one hand, OMB believes that share-in-savings budget 
authority, contract obligations, and outlays should be recognized on a 
year-to-year basis. In other words, only the first year's costs, not 
the cumulative annual costs of energy share-in-savings contracts, would 
need to be reflected in the agency's budget in the year the contract is 
awarded. On the other hand, the Congressional Budget Office believes 
that the budget should reflect long term share-in-savings contract 
commitments as new obligations at the time the contract is signed, 
consistent with government accounting principles.[Footnote 6] In a 
recent report, we raised similar concerns.[Footnote 7] Finally, the 
extent to which energy savings cover costs remains uncertain, and we 
have recommended more oversight of energy savings performance contracts 
and other steps to ensure cost-effectiveness.[Footnote 8]

Share-in-Savings Regulations and Guidance Lag Behind Progress in Other 
Areas: 

Final regulations to implement the share-in-savings authority in the E- 
Government Act of 2002 have yet to be published. Additional guidance on 
the use of this method also lags behind the progress made in 
establishing a share-in-savings program office and providing agencies 
with some share-in-savings tools and related training. 

The E-Government Act required that the Federal Acquisition Regulation 
(FAR) be revised by mid-September 2003 to implement the share-in- 
savings authority contained in the act. It was not until July 2004, 
however, that a proposed revision to the FAR was published in the 
Federal Register for public comment. As of July 2005, the final FAR 
rule was still awaiting approval by OMB's Office of Federal Procurement 
Policy. The act also required the OMB to develop guidance for 
techniques to permit agencies to retain a portion of resulting 
financial savings after payment of the contractor's share of the 
savings. OMB officials told us they plan to develop a broader policy 
memorandum providing agencies with additional guidelines to ensure 
share-in-savings contracting success. As of July 2005, the policy 
memorandum had not been issued. OMB officials indicated, however, that 
implementing regulations and share-in-savings guidance would be 
completed in the near future. 

The act assigned GSA responsibility for helping federal agencies 
identify information technology projects as potential share-in-savings 
candidates and for providing guidance on determining share ratios and 
baselines from which savings may be measured. GSA established a share- 
in-savings program office in February 2003, and in July of that year 
launched two Web-based tools to help agencies identify and evaluate 
share-in-savings opportunities. The Business Case Decision Tool is 
designed to assist agencies in developing business cases on the basis 
of realistic baseline costs to ensure that use of share-in-savings 
contracts would be cost-effective. The Proposal Evaluation Tool is used 
to evaluate the merits of contractor share-in-savings proposals. 
According to the program office director, agencies started using the 
Business Case Decision Tool in September 2003. As of March 2005, 
various agencies have used the tool to conduct 219 analyses, resulting 
in the identification of 15 information technology projects as 
potential share-in-savings candidates. Although some of these 15 
potential projects are still under consideration, various steps remain 
to be completed, and none has yet resulted in a share-in-savings 
contract award. 

GSA hired a contractor to train agencies in identifying suitable share- 
in-savings projects, structuring solicitations, and analyzing 
proposals. The training, which has been available to agencies since 
July 2004, is a 2-day course and costs $650 per student. As of March 
21, 2005, a total of 21 federal acquisition employees from six agencies 
had taken the training. The same training is now being offered by the 
Federal Acquisition Institute, an entity within OMB charged with 
developing the curriculum needed to train the civilian agency 
workforce.[Footnote 9] Two classes have been scheduled, one in June 
2005, and the other before the E-Government Act's authority expires in 
September 2005. The Federal Acquisition Institute may exercise an 
option to provide five additional share-in-savings training classes in 
fiscal year 2006. 

Finally, in July 2004, GSA established blanket purchase agreements with 
six contractors; each of which is a major information technology 
solution provider with commercial share-in-savings contracting 
experience. A blanket purchase agreement is a simplified method of 
filling the government's anticipated repetitive needs for supplies or 
services by establishing charge accounts with qualified sources of 
supply. The agreements may subsequently be used by agencies to procure 
specific goods or services. As of June 2005, however, since no share- 
in-savings project is ready for the contracting phase, no agencies have 
used the blanket purchase agreements. 

Use of Share-in-Savings Authority Hindered by Issues Related to 
Regulations, Baseline Costs, Up-front Funding, and Training: 

Officials from 11 agencies cited several reasons the share-in-savings 
contracting authority for information technology has not led to the 
award of share-in-savings contracts. Reasons include a lack of final 
implementing regulations and OMB guidance on how to budget and account 
for retained savings and the difficulty of determining baseline costs. 
Some officials said contractors are reluctant to get involved in share- 
in-savings contracts because the return on investment is believed to be 
too low. In addition, officials told us that even though contractors 
would provide up-front funding for a share-in-savings contract, some 
amount of appropriated funds would still be required. Officials also 
said that too few acquisition personnel have been trained to use this 
innovative contracting technique. 

Implementing Regulations and OMB Guidance Not Yet Issued: 

Agency officials told us they are reluctant to use share-in-savings 
contracting until the FAR implementing regulations are finalized. 
Because share-in-savings contracting is considered innovative within 
the federal government, agency officials said they need clear 
regulations to understand when and how to use this technique. 

We also highlighted the need for guidance in our March 2003 
correspondence to OMB's Office of Federal Procurement Policy.[Footnote 
10] Given the federal government's limited experience with share-in- 
savings contracting, as well as limited understanding of the conditions 
that foster successful implementation in commercial share-in-savings 
contracts, we reported that members of the federal acquisition 
workforce need to understand and appropriately apply the E-Government 
Act's new authority. Toward that end, we recommended that OMB develop 
the necessary guidance. To date, OMB has not responded to our 
recommendation. While GSA's guidance may be helpful in identifying 
potential candidates, additional guidance is still needed from OMB on 
accounting for savings in excess of amounts paid to the contractor and 
developing sound business cases with firm baselines. 

Baseline Costs Difficult to Determine: 

Another reason agency officials say they have not used share-in-savings 
contracting is the difficulty in determining a baseline cost. A 
baseline cost is the cost of current operations. Without an accurate 
baseline, agreed to by the agency as well as the contractor, savings 
cannot be correctly measured, leaving both the agency and the 
contractor at risk of not receiving their fair share of savings, if any 
are generated. The contractor cannot determine with any certainty that 
the savings would cover its costs, let alone result in a profit. Our 
past work on commercial use of share-in-savings contracts suggests that 
the business process and administrative cost information necessary to 
calculate a baseline may not be available in some cases.[Footnote 11] 
Agency officials told us that in the information technology area, 
calculating a baseline can be very complicated. It can be difficult, 
for example, to isolate the direct savings from a reduction in the time 
an employee spends on a new task as a result of a new, automated 
information system replacing one or more old tasks. Further, in our 
past financial reporting, we have described the type of systemic 
challenges agencies face in accurately determining the baseline costs 
of programs, which could impede agencies' use of share-in-savings 
contracting. For example, we reported in the 2004 Financial Report of 
the United States Government that the federal government's ability to 
reliably measure the full costs of certain programs is hampered by a 
significant number of material weaknesses related to financial systems, 
fundamental recordkeeping, financial reporting, and incomplete 
documentation.[Footnote 12]

Return on Investment Believed to Be Too Low: 

Even if a baseline could be established, most agency officials we 
interviewed said an obstacle to using share-in-savings contracting 
would be not having a potential savings pool large enough to provide 
contractors an appealing return on investment. The GSA share-in-savings 
program office and the Office of the Secretary of Defense's Business 
Initiative Council determined that a successful share-in-savings 
business case requires a savings-to-investment ratio of at least 3 to 
1. However, a business case review in 2004 by the Defense Commissary 
Agency illustrates the potential difficulty in meeting that target. 
Last year, that agency determined that an inadequate return on 
investment was a primary reason a share-in-savings contract would not 
be used to buy a replacement retail transaction system for its hundreds 
of commissaries.[Footnote 13] On two occasions, the agency requested 
information from contractors on installing a replacement retail 
transaction system under a share-in-savings contract. Concerns about 
fewer commissaries in the future, as a result of anticipated military 
base closures, and other cost uncertainties led contractors to request 
a guaranteed minimum number of system replacements to protect profit 
margins associated with their initial investments. The agency did not 
provide minimum guarantees, and a share-in-savings contract was not 
awarded. 

Appropriations Still Necessary: 

Another reason, according to officials, agencies may not have used 
share-in-savings contracting to acquire information technology 
solutions is that the E-Government Act requires funds to be available 
for the first year of the contract. Even though the contractor pays the 
up-front costs, the agency still needs appropriated funds to cover 
cancellation and termination liability, in the event the government 
ends the project.[Footnote 14] However, agency officials advised that 
these funds can represent a significant share of the total cost of an 
information technology project. Accordingly, so that any savings would 
stay with the government, agency officials said they are motivated to 
use appropriated funds for information technology projects and to award 
traditional contracts. This is the reason that the Internal Revenue 
Service decided not to award a share-in-savings contract to modernize 
its taxpayer identification system for non-U.S. citizens.[Footnote 15]

In the past, when we interviewed Department of Energy officials about 
using share-in-savings contracts for energy-efficiency improvements, 
they said this contracting technique is best used to finance projects 
when federal funding is thought to be unavailable.[Footnote 16] 
According to Department of Energy officials, they would prefer the 
agency pay for the entire project, because all of the savings would 
stay with the government. 

Few Acquisition Personnel Have Been Trained: 

We have previously reported that training on the E-Government Act's 
share-in-savings acquisition initiative would be essential to its 
effective implementation.[Footnote 17] However, few acquisition 
personnel have been trained on when and how to use share-in-savings 
contracting. As of March 21, 2005, only 21 federal acquisition 
employees had received share-in-savings training from GSA's share-in- 
savings training contractor. The training developed by the contractor 
addresses the technical and organizational share-in-savings issues 
needed to be understood for successful contracts. For example, 
negotiating a share-in-savings contract can be a highly technical and 
time-consuming process and requires a certain level of business acumen. 
As covered in the training, the use of share-in-savings contracting 
demands a good understanding of requirements; agreement on baseline 
costs, use of metrics to measure savings, confidence in savings-share 
ratios; and the identification and mitigation of risks. 

Conclusions: 

With only a few months remaining before authority for the initiative is 
due to expire, no federal agencies have used the share-in-savings 
authority provided by the E-Government Act to award contracts. 
Therefore, neither OMB nor we has a basis for assessing the 
effectiveness of share-in-savings contracts for information technology 
to improve agencies' mission-related or administrative processes. 
Agencies' limited exposure to share-in-savings contracting for 
information technology has not extended much beyond the initial steps 
of analyzing potential business cases. As a result, the act's authority 
has not actually been tested. 

Since OMB expects the implementing regulations and share-in-savings 
guidance to be issued soon, at least some of the reasons agencies cited 
for not using the share-in-savings contracting authority for 
information technology soon could be addressed. Although it is too 
early to know whether or not other reasons can be overcome, the 
issuance of implementing regulations and OMB guidance may soon create 
better conditions under which to test the share-in-savings initiative. 
If Congress wants to test the effectiveness of share-in-savings 
contracts for information technology, Congress would need to extend the 
authority beyond the scheduled September 2005 expiration. 

Agency Comments and Our Evaluation: 

We received comments on a draft of this report from OMB and GSA. Both 
agencies concurred with the report. 

In oral comments, OMB officials acknowledged that issuance of the share-
in-savings implementing regulations and OMB guidance has been delayed 
longer than anticipated. The officials cited the need to ensure that 
the regulations and OMB guidance are clear on how to successfully 
manage share-in-savings complexities, such as establishing a baseline, 
determining a reasonable return on investment, and ultimately 
developing a sound business case. OMB officials commented that shortly 
after enactment of the E-Government Act, the agency started efforts to 
develop the share-in-savings regulations and guidance and noted the 
October 2003 advanced notice of proposed rulemaking and the July 2004 
publication of the proposed rule as examples of the results of such 
efforts. OMB officials also noted that the final rule was drafted in 
February 2005. However, OMB officials told us they continue to work 
with other agencies to ensure that the final policy is clear on how to 
successfully handle the complexities of the share-in-savings planning 
and budgeting processes. Although OMB officials could not tell us 
precisely when, they anticipate that the final rule and OMB guidance 
will be published in the near future. 

In e-mailed comments, GSA generally agreed with our report but believed 
the title of the report did not accurately describe the efforts taken 
to test share-in-savings. GSA commented that the report's title implies 
that nothing has been done, despite the agency's efforts in promoting 
the use of share-in-savings and that certain portions of the concept 
have been tested, although outside of the E-Government Act's authority. 
We recognize that the government has used share-in-savings contracts 
under other authorities. However, the government has not awarded any 
share-in-savings contracts under the E-Government Act's authority, and 
therefore, the authority has not been tested. We also recognize in the 
report the work GSA did to promote the use of share-in-savings 
contracting. 

Scope and Methodology: 

To determine the regulations, guidance, and program-level support that 
exist to assist agencies in developing share-in-savings contracts, we 
interviewed officials and obtained documentation from OMB and GSA. We 
participated in a 1-day course adapted from GSA's 2-day training 
course, which was led by the contractor, Beacon Associates Inc. of Bel 
Air, Maryland. 

To determine the reasons agencies have not entered into share-in- 
savings contracts, we interviewed officials from seven defense and 
civilian agencies that used contracting vehicles other than share-in- 
savings to award high dollar-value contracts for information technology 
in fiscal year 2003. We identified the agencies with high-dollar 
information technology spending by reviewing contract actions reported 
in the Federal Procurement Data System, the government's repository for 
contracting data. Though that system has recognized limitations, it was 
sufficient for purposes of identifying a mix of defense and civilian 
agencies with high levels of spending on information technology. 

We interviewed agency officials who had shown an interest in using 
share-in-savings contracts to buy information technology. We identified 
these officials by reviewing their agencies' Exhibit 300, an OMB budget 
justification and reporting requirements document that is required for 
the procurement of major information technology systems. We also 
contacted the GSA for help in identifying agencies that explored share- 
in-savings opportunities. Finally, we interviewed and obtained 
information from the Department of Defense's Business Initiatives 
Council. The Department of Defense established the council to improve 
business operations by identifying and implementing business reforms, 
such as share-in-savings contracting for information technology. The 
agencies we obtained information from as to why they opted not to use 
the E-Government Act's share-in-savings contracting authority are the 
Army, Navy, Air Force, and the Defense Commissary Agency in the 
Department of Defense; the Departments of Agriculture, Health and Human 
Services, Interior, and Justice; GSA; the Internal Revenue Service; and 
the Office of Personnel Management. 

We are sending copies of this report to interested congressional 
committees, the Director of OMB, the Administrator of General Services, 
and the chief acquisition officers at the 11 agencies from which we 
obtained information. We will also make copies available to others upon 
request. In addition, the report will be available at no charge on the 
GAO Web site at http://www.gao.gov. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-4841 or woodsw@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Major contributors to this report were 
Carolyn Kirby, Assistant Director; Daniel Hauser; Noah Bleicher; Lily 
Chin; Johnetta Gatlin-Brown; and Russell Reiter. 

Signed by: 

William T. Woods: 
Director: 
Acquisition and Sourcing Management: 

FOOTNOTES

[1] Section 210, Public Law 107-347 (Dec. 17, 2002), codified at 41 
U.S.C. § 266a and 10 U.S.C. § 2332. 

[2] GAO, Contract Management: Commercial Use of Share-in-Savings 
Contracting, GAO-03-327 (Washington, D.C.: Jan. 31, 2003) and GAO, 
Contract Management: OFPP Policy Regarding Share-in-Savings Contracting 
Pursuant to the E-Government Act of 2002, GAO-03-552R (Washington, 
D.C.: Mar. 24, 2003). 

[3] These share-in-savings contracts, called Energy Savings Performance 
Contracts, were first introduced under the Comprehensive Omnibus Budget 
Reconciliation Act of 1985, Public Law 99-272, which amended the 
National Energy Conservation Policy Act. 

[4] GAO, Energy Savings: Performance Contracts Offer Benefits, but 
Vigilance Is Needed to Protect Government Interests, GAO-05-340 
(Washington, D.C.: June 22, 2005). 

[5] GAO, Capital Financing: Partnerships and Energy Savings Performance 
Contracts Raise Budgeting and Monitoring Concerns, GAO-05-55 
(Washington, D.C.: Dec. 16, 2004). 

[6] Congressional Budget Office, Third-Party Financing of Federal 
Projects: Economic and Budget Issue Brief (Washington, D.C.: June 1, 
2005). 

[7] GAO-05-55. 

[8] GAO-05-340. 

[9] The Federal Acquisition Institute is under the direction of the 
OMB's Office Federal Procurement Policy. The Institute also partners 
with the Defense Acquisition University to provide training to both 
military and civilian acquisition personnel. 

[10] GAO-03-552R. 

[11] GAO-03-327. 

[12] Our report is included in a report for fiscal year 2004: The 
Department of the Treasury, 2004 Financial Report of the United States 
Government (Washington, D.C.: December 2004). 

[13] The Commissary Advanced Retail Transaction System is to replace 
legacy technologies with a commercial, off-the-shelf, point-of-sale 
system that includes hardware, software, and related support services, 
such as a help desk, maintenance, installation, and on-site consulting 
services. 

[14] The government has the right to terminate the entire contract at 
any time or cancel subsequent program years. If the government chooses 
to cancel or terminate the contract, certain amounts may still be owed 
to the contractor. The E-Government Act allows the amount of 
cancellation or termination liability to be negotiated by the 
contracting parties. As an incentive, the act gives agencies various 
options to fund these costs. In certain circumstances, agencies can 
even enter into share-in-savings contracts if the full costs of 
cancellation or termination are not available. However, if an agency 
chooses to leave a portion unfunded, first-year funds must still be 
available. Also, under the act, the unfunded amount will never be more 
than the lesser of $5 million or 25 percent of the total cost of 
cancellation or termination. 

[15] The Internal Revenue Service assigns an individual taxpayer 
identification number to non-U.S. citizens who file tax returns. The 
agency's legacy system has become costly, inefficient, and dependent on 
redundant manual processes. According to the agency, the modernized 
replacement system will reengineer the individual taxpayer 
identification and numbering process to eliminate duplicate efforts, 
unnecessary clerical hand-offs, and manual processing. The agency had 
intended to procure the system with a share-in-savings contract 
authorized under the E-Government Act. Instead, the Internal Revenue 
Service issued a $2.8 million task order off an existing contract. 

[16] GAO, Energy Conservation: Contractors' Efforts at Federally Owned 
Sites, GAO/RCED-94-96 (Washington, D.C.: Apr. 29, 1994). 

[17] GAO-03-552R. 

GAO's Mission: 

The Government Accountability Office, the investigative arm of 
Congress, exists to support Congress in meeting its constitutional 
responsibilities and to help improve the performance and accountability 
of the federal government for the American people. GAO examines the use 
of public funds; evaluates federal programs and policies; and provides 
analyses, recommendations, and other assistance to help Congress make 
informed oversight, policy, and funding decisions. GAO's commitment to 
good government is reflected in its core values of accountability, 
integrity, and reliability. 

Obtaining Copies of GAO Reports and Testimony: 

The fastest and easiest way to obtain copies of GAO documents at no 
cost is through the Internet. GAO's Web site ( www.gao.gov ) contains 
abstracts and full-text files of current reports and testimony and an 
expanding archive of older products. The Web site features a search 
engine to help you locate documents using key words and phrases. You 
can print these documents in their entirety, including charts and other 
graphics. 

Each day, GAO issues a list of newly released reports, testimony, and 
correspondence. GAO posts this list, known as "Today's Reports," on its 
Web site daily. The list contains links to the full-text document 
files. To have GAO e-mail this list to you every afternoon, go to 
www.gao.gov and select "Subscribe to e-mail alerts" under the "Order 
GAO Products" heading. 

Order by Mail or Phone: 

The first copy of each printed report is free. Additional copies are $2 
each. A check or money order should be made out to the Superintendent 
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or 
more copies mailed to a single address are discounted 25 percent. 
Orders should be sent to: 

U.S. Government Accountability Office

441 G Street NW, Room LM

Washington, D.C. 20548: 

To order by Phone: 

Voice: (202) 512-6000: 

TDD: (202) 512-2537: 

Fax: (202) 512-6061: 

To Report Fraud, Waste, and Abuse in Federal Programs: 

Contact: 

Web site: www.gao.gov/fraudnet/fraudnet.htm

E-mail: fraudnet@gao.gov

Automated answering system: (800) 424-5454 or (202) 512-7470: 

Public Affairs: 

Jeff Nelligan, managing director,

NelliganJ@gao.gov

(202) 512-4800

U.S. Government Accountability Office,

441 G Street NW, Room 7149

Washington, D.C. 20548: