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HRD-82-93 1 (1982-07-02)

handle is hein.gao/gaobabdlr0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


HUMAN RESOURCES
   DIISION
                                           July 2, 1982


     The Honorable Albert Angrisani                            H 111

     Assistant Secretary for Employment
       and Training                                            118878
     Employment and Training Administration
     Department of Labor

     Dear Mr. Angrisani:

          Subject: Job Corps Should Stop Using Prohibited
                    Contracting Practices and Recover
                    Improper Fee Payments (GAO/HRD-82-93)

          During our current survey of Job Corps contract administra-
     tion, we found that Job Corps Regional Offices seem to be admin-
     istering contracts for center operations as cost-plus-percentage-
     of-cost rather than cost-plus-fixed-fee. Federal law prohibits
     the cost-plus-percentage-of-cost system of contracting. This
     practice was previously brought to the Job Corps Director's
     attention by a national office review team in May 1981, but action
     was not taken to stop the practice or correct errors.

         The cost-plus-percentage-of-cost system of contracting is
    prohibited by 41 U.S.C. 254(b). Also, Federal Procurement
    Regulations state: The fixed fee once negotiated does not vary
    with actual cost, but may be adjusted as a result of any changes
    in the work or services to be performed under the contract
    (FPR 1-3.405-5). Job Corps currently has 72 two-year contracts
    with an estimated annual cost of approximately $334 million for
    operating 74 centers. Eleven of these contracts are with non-
    profit agencies that do not receive a fixed fee. Of the remaining
    61 contracts, we identified at least 39 that seem to have been
    treated as cost-plus-percentage-of-cost contracts or had the fee
    increased without changes in the scope of work. We estimate that
    over $600,000 in fees were added to these contracts with no
    apparent changes in the scope of work.

         We found examples of fee changes with no apparent changes
    in the scope of work in all 10 Job Corps regions. For example,
    in the Dallas Region, the contract for operating the Guthrie Job
    Corps Center was modified twice with the justification to in-
    crease the cost per corps member year. The increases were for
    $364,000 and the fee was increased $14,000, or 3.9 percent of the
    cost. The fixed fee on the original contract was also 3.9 percent


(204801)

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