FAR

Specifically, in reviewing 16 contract files, we found files that did not have relevant Federal tax information, were missing information on the contractor’s past performance evaluations, and contained incomplete and inconsistent documentation.  We attribute these deficiencies to FEMA not providing guidance on procedures for implementing Federal regulations to contracting personnel, and the Department of Homeland Security removing guidance from its acquisition manual that is used by component personnel.  As a result of inadequate guidance, FEMA personnel awarded contracts without making fully informed determinations as to whether prospective contractors could meet contract demands.  If contractors cannot meet demands, FEMA may have to cancel contracts it has awarded, which has happened in the past and continues.  In fact, between March and May 2020, FEMA awarded and canceled at least 22 contracts, valued at $184 million, for crucial supplies in response to the national COVID-19 pandemic.  By awarding contracts without ensuring prospective contractors can meet contract demands, FEMA will continue wasting taxpayer dollars and future critical disaster and pandemic assistance will continue to be delayed.  We made one recommendation that, when implemented, should help strengthen FEMA’s responsibility determination process.  The Department concurred with our recommendation. 

Based on our review of 45 judgmentally sampled awards (15 non-competitive grants and 30 other than full and open competition [OTFOC] contracts), we found DHS complied with applicable laws and regulations.  We made two recommendations to help improve DHS’ procedures and ensure future reporting submissions are accurate.  The Department concurred with the two recommendations.  

This report presents the results of KPMG LLP’s (KPMG) work conducted to address the performance audit objectives relative to the Audit of Department of Homeland Security’s Fiscal Year 2017 Conference Spending. KPMG performed the work during the period of September 18, 2017 to August 30, 2018, and our scope period for testing was October 1, 2016 through September 30, 2017. KPMG LLP (KPMG) found that DHS management has policies and procedures over conference spending and reporting, improvements are needed. KMPG made seven recommendations to improve conference spending reporting.

DHS reported using its Other Transaction Authority to work with non-traditional contractors, DHS did not always follow statutory requirements when entering, modifying, and overseeing its agreements. Inadequate internal policies contributed to DHS falling short of meeting all statutory requirements for using OTAs. In addition, DHS acquisition policy staff reported that competing priorities prevented timely reporting to Congress. As a result, DHS may have taken on more risks and costs than necessary and impeded Congress’ ability to oversee DHS’ use of OTAs.