Department of Homeland Security: Status and Accountability Challenges Associated with the Use of Special DHS Acquisition Authority Page: 2 of 17
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GAO
Accountability. Integrity. Reliability
Highlights
Highlights of GAO-08-471T, a report to the
Subcommittee on Emerging Threats,
Cybersecurity, and Science and
Technology, Committee on Homeland
Security Committee, House of
Representatives
Why GAO Did This Study
Other transaction authority was
created to enhance the federal
government's ability to acquire
cutting-edge science and
technology by attracting
nontraditional contractors that
have not typically pursued
government contracts. The
Homeland Security Act of 2002
granted the department the
temporary authority to enter into
other transactions for research and
prototype projects for a period of 5
years. The Consolidated
Appropriations Act of 2008
extended this authority until
September 30, 2008.
This testimony discusses (1) the
extent to which DHS has used its
other transaction authority, (2) the
status of DHS's implementation of
GAO's previous recommendations,
and (3) the accountability
challenges associated with the use
of these agreements.
While GAO is not making
recommendations in this testimony,
GAO has made recommendations
over the past few years to help
improve DHS's Science and
Technology Directorate's use its
other transaction authority. The
department has generally concurred
with these recommendations and
has taken action to improve its use
of other transaction authority, but
has not fully addressed all of GAO's
recommendations.DEPARTMENT OF HOMELAND SECURITY
Status and Accountability Challenges Associated with the Use
of Special DHS Acquisition Authority
What GAO Found
DHS entered into 37 other transaction agreements between fiscal years 2004
and 2007, most of which were entered into in the first 2 years. Though it has
since used this authority less frequently, it continues to obligate funds for its
earliest agreements. Furthermore, about 77 percent of the dollars spent on
these agreements have been for 7 of DHS's 37 agreements. Contracting
representatives also told us that all of the agreements to date were for
prototype projects and that each agreement included at least one
nontraditional contractor. GAO plans further review of DHS's use of other
transaction agreements as required by the Homeland Security Act of 2002.
DHS has made efforts to improve its use of other transaction agreements and
to prevent conflicts of interest. The department has taken the following steps
to address prior GAO recommendations including:
* creating guidance on when to include audit provisions in other transaction
agreements;
* creating a training program on using these agreements; and
* improving controls over conflicts of interest.
GAO also recommended that DHS capture knowledge gained from the
agreements it has entered into. The department has compiled lessons learned
from the Department of Defense, but the document is not related to DHS's
experience. Furthermore, while DHS created guidance on when to include
audit provisions in agreements, its guidance only applies to certain prototype
projects and only in certain circumstances.
Risks inherent with the use of other transaction agreements create several
accountability challenges. These challenges include attracting and ensuring
the use of nontraditional contractors, acquiring intellectual property rights,
ensuring financial control, and maintaining a skilled acquisition workforce
with the expertise to create and maintain these agreements.
DHS's Other Transaction Agreements and Related Spending from Fiscal Year 2004 to 2007 (in
millions)Number of other transaction agreements
2004Total value of other transaction agreements
I2005
2006
200720 15 10 5 0
Source: GAO analysis of DHS data.0 50 100 150 200 250 300 350
To view the full product, including the scope
and methodology, click on GAO-08-471T.
For more information, contact John K.
Needham at (202) 512-4841 or
needhamjkl @gao.govI
United States Government Accountability Office
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United States. Government Accountability Office. Department of Homeland Security: Status and Accountability Challenges Associated with the Use of Special DHS Acquisition Authority, text, February 7, 2008; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc291125/m1/2/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.