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Appendices for this Quarterly Report, including contractor - PSM PDF

611 Pages·2008·4.23 MB·English
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Preview Appendices for this Quarterly Report, including contractor - PSM

Appendix A StAtUtoRY ReqUiRementS This appendix cross-references the pages of this Report to the reporting requirements under P.L. 108-106 Sec. 3001, as amended by P.L. 108-375, Sec 1203, P.L. 109-102, Sec. 599, P.L. 109-364, Sec. 1054, P.L. 109-440, and P.L. 110-28. JAnUARY 30, 2008 i REPORT TO CONGRESS i A- Appendix A Section Statute SIGIR Action Page # Supervision The Inspector General shall report directly to, and be under the general Report to the Secretary of State and Section 3001(e)(1) 1-220 supervision of, the Secretary of State and the Secretary of Defense. the Secretary of Defense. Duties It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and Review appropriated funds. 1-220 Section 3001(f)(1) expenditure of amounts appropriated or otherwise made available to the Programs, operations, contracts using App. F Iraq Relief and Reconstruction Fund, and of the programs, operations, and appropriated funds. App. G contracts carried out utilizing such funds, including— Review obligations and expenditures Section 3001(f)(1)(A) The oversight and accounting of the obligation and expenditure of such funds; App. F of appropriated funds. App. G Review reconstruction activities Section 3001(f)(1)(B) The monitoring and review of reconstruction activities funded by such funds; 1-158 funded by appropriations. Review contracts using appropriated Section 3001(f)(1)(C) The monitoring and review of contracts funded by such funds; App. F funds. The monitoring and review of the transfer of such funds and associated Review internal and external transfers App. G Section 3001(f)(1)(D) information between and among departments, agencies, and entities of the of appropriated funds. App. H United States, and private and nongovernmental entities; Section 3001(f)(1)(E) The maintenance of records on the use of such funds to facilitate future audits 159-212 Maintain audit records. and investigations of the use of such funds. App. J The Inspector General shall establish, maintain, and oversee such systems, Establish, maintain, and oversee 159-210 Section 3001(f)(2) procedures, and controls as the Inspector General considers appropriate to systems, procedures, and controls. discharge the duty. In addition, the Inspector General shall also have the duties and responsibilities Section 3001(f)(3) Duties as specified in IG Act. 1-210 of inspectors general under the Inspector General Act of 1978. The Inspector General shall coordinate with, and receive the cooperation of, Section each of the following: The Inspector General of the Department of State, The Coordination with IGs of State, DoD, 213-220 3001(f)(4)(A)(B)&(C) Inspector General of the Department of Defense, and The Inspector General of & USAID. the United States Agency for International Development. Personnel, Facilities, and Other Resources Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head Section 3001(h)(4)(A) of such entity shall, insofar as is practicable and not in contravention of any Expect support as requested. 1-220 existing law, furnish such information or assistance to the Inspector General, or an authorized designee. Reports Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the appropriate committees of Congress a report summarizing for the period of that quarter and, to the extent possible, the Report – 30 days after the end of period from the end of such quarter to the time of the submission of the each calendar quarter. Summarize report, the activities of the Inspector General and the activities under programs Section 3001(i)(1) activities of IG. Detailed statement 1-220 and operations funded with amounts appropriated or otherwise made of all obligations, expenditures, and available to the Iraq Relief and Reconstruction Fund. Each report shall include, revenues. for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with reconstruction and rehabilitation activities in Iraq, including the following – Obligations and expenditures of Section 3001(i)(1)(A) Obligations and expenditures of appropriated funds. App. G appropriated funds. A project-by-project and program-by-program accounting of the costs Project-by-project and program-by- incurred to date for the reconstruction of Iraq, together with the estimate of program accounting of costs. Estimate Section 3001(i)(1)(B) the Department of Defense, the Department of State, and the United States 22, 42-43 cost to complete each project or Agency for International Development, as applicable, of the costs to complete program. each project and each program. A-2 i SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION Appendix A Section Statute SIGIR Action Page # Revenues attributable to or consisting of funds provided by foreign nations Revenues, obligations, and Section 3001(i)(1)(C) or international organizations, and any obligations or expenditures of such 133-158 expenditures of donor funds. revenues. Revenues, obligations, and Revenues attributable to or consisting of foreign assets seized or frozen, and Section 3001(i)(1)(D) expenditures of funds from seized or 16-17, any obligations or expenditures of such revenues. frozen assets. App. I Operating expenses of agencies or any Operating expenses of agencies or entities receiving amounts appropriated or Section 3001(i)(1)(E) organization receiving appropriated App. G otherwise made available to the Iraq Relief and Reconstruction Fund. funds. In the case of any contract described in paragraph (2): A contract described in this paragraph is any major contract or other agreement that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise Section 3001(i)(1)(F) made available to the Iraq Relief and Reconstruction Fund with any public or Describes a contract. App. F private sector entity for any of the following purposes: To build or rebuild physical infrastructure of Iraq. To establish or reestablish a political or societal institution of Iraq. To provide products or services to the people of Iraq. Section Amount of each contract or other The amount of the contract or other agreement; App. F 3001(i)(1)(F)(i) agreement. Section Brief discussion of each contract A brief discussion of the scope of the contract or other agreement; App. F 3001(i)(1)(F)(ii) scope. Discussion of how potential A discussion of how the contracting department or agency identified, and contractors were identified, how Section solicited offers from, potential contractors to perform the contract, together offers were solicited, and a list Note 1 3001(i)(1)(F)(iii) with a list of the potential contractors that were issued solicitations for the of contractors that were issued offers. solicitations. The justification and approval documents on which was based the Justification and approval documents Section determination to use procedures other than procedures that provide for full for contracts that were not full and Note 1 3001(i)(1)(F)(iv) and open competition. open competitions. The Inspector General shall submit to the appropriate committees of Congress semiannual reports meeting the requirements of Section 5 of the Inspector Shall be submitted not later than July General Act of 1978. The first such report for a year, covering the first six Section 3001(i)(3) 31 of that year, and the second such Complete months of the year, shall be submitted not later than July 31 of that year, and report. the second such report, covering the second six months of the year, shall be submitted not later than January 31 of the following year. SIGIR will take final written report in The Inspector General shall publish each report under this subsection in both electronic format, translate and post www. Section 3001(i)(4) English and Arabic on the Internet Website of the Secretary of State and the to Website; encourage DoD and DoS sigir.mil Secretary of Defense. to link to SIGIR Web site. Each report under this subsection may include a classified annex if the If necessary, develop a classified Section 3001(i)(5) N/A Inspector General considers it necessary. annex. Report Coordination The Inspector General shall also submit each report under subsection (i) to the Submit report to Secretary of State Section 3001(j) 1/30/2008 Secretary of State and the Secretary of Defense. and Secretary of Defense. Note 1: This information is not included in this quarterly report. JAnUARY 30, 2008 i REPORT TO CONGRESS i A-3 Appendix B CRoss-RefeRenCe of RepoRt to iG ACt of 978 This appendix cross-references the pages of this report to the reporting requirements under the Inspector General Act of 1978, as amended, 5 U.S.C. app. JAnUARY 30, 2008 i REPORT TO CONGRESS i B- Appendix B Section Statute SIGIR Action Page # • Extract pertinent information from IIGC member semiannual Section “Description of significant problems, abuses, and reports. App. J 5(a)(1) deficiencies... ” • List problems, abuses, and deficiencies from SIGIR audit reports, investigations, and inspections. Section “Description of recommendations for corrective action…with • Extract pertinent information from IIGC member semiannual 5(a)(2) respect to significant problems, abuses, and deficiencies... ” reports. App. J • List recommendations from SIGIR audit reports. “Identification of each significant recommendation Section • List all instances of incomplete corrective action from previous described in previous semiannual reports on which corrective App. J 5(a)(3) semiannual reports. action has not been completed...” • Extract pertinent information from IIGC member semiannual Section “A summary of matters referred to prosecutive authorities reports. 159-212 5(a)(4) and the prosecutions and convictions which have resulted... ” • List SIGIR Investigations that have been referred. • Extract pertinent information from IIGC member semiannual “A summary of each report made to the [Secretary of Section reports. Defense] under section 6(b)(2)... ” (instances where 159-212 5(a)(5) • List instances in which information was refused SIGIR auditors, information requested was refused or not provided) investigators, or inspectors. “A listing, subdivided according to subject matter, of each • Extract pertinent information from IIGC member semiannual Section audit report issued...” showing dollar value of questioned reports. App. J 5(a)(6) costs and recommendations that funds be put to better use. • List SIGIR audit reports. • Extract pertinent information from IIGC member semiannual Section “A summary of each particularly significant report... ” reports. App. J 5(a)(7) • Provide a synopsis of the significant SIGIR audits. • Extract pertinent information from IIGC member semiannual Section “Statistical tables showing the total number of audit reports reports. 159-202 5(a)(8) and the total dollar value of questioned costs... ” • Develop statistical tables showing dollar value of questioned cost App. J from SIGIR audits. • Extract pertinent information from IIGC member semiannual “Statistical tables showing the total number of audit reports Summary Section reports. and the dollar value of recommendations that fund be put of Perf. 5(a)(9) • Develop statistical tables showing dollar value of funds put to to better use by management...” App. J better use by management from SIGIR audits. “A summary of each audit report issued before the commencement of the reporting period for which • Extract pertinent information from IIGC member semiannual no management decision has been made by the end Section reports. of reporting period an explanation of the reasons App. J 5(a)(10) • Provide a synopsis of SIGIR audit reports in which no management such management decision has not been made, and a decision has been made. statement concerning the desired timetable for achieving a management decision...” • Extract pertinent information from IIGC member semiannual Section “A description and explanation of the reasons for any reports. App. J 5(a)(11) significant revised management decision... ” • Explain SIGIR audit reports in which significant revisions have been made to management decisions. • Extract pertinent information from IIGC member semiannual “Information concerning any significant management Section reports. decision with which the Inspector General is in App. J 5(a)(12) • Explain SIGIR audit reports in which SIGIR disagreed with disagreement...” management decision. “Information described under Section 804 [sic] of the • Extract pertinent information from IIGC member semiannual Section Federal Financial Management Improvement Act of 1996...” reports. 159-202 5(a)(13) (instances and reasons when an agency has not met target • Provide information where management has not met targets from App. J dates established in a remediation plan) a remediation plan. Section “Information concerning the number and types of contract • List SIGIR audits that have concerned contract audits. App. J 8(f)(1) audits…” • List pertinent information from IIGC members. B-2 i SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION Appendix c impAct of SiGiR opeRAtionS SIGIR’s work impacts many aspects of the impact of SiGiR Audits U.S. mission in Iraq and the Government of SIGIR reports the financial impact of audits Iraq. To validate the financial or non-financial semiannually, as required by law. Through benefits resulting from SIGIR work, SIGIR January 30, 2008, SIGIR Audits saved and requires the staff to document the connection recovered funds of about $57.9 million and between the benefits reported and the work improved the use of $40.0 million of funds. performed. SIGIR recommendations have SIGIR Audits also challenged payments of enabled U.S. and Iraqi reconstruction manage- $7.56 million, including possible duplicate ment officials to: payments, overpayments, or for work that was • reduce expenditures and improve efficiency not completed. This is an increase of $32.2 and effectiveness million since the SIGIR July 30, 2007 report. • implement or improve fund and asset con- The majority of the savings ($29 million) trols resulted from a SIGIR recommendation that • enhance construction quality by ensuring the Defense Contract Audit Agency (DCAA) adequacy of design specifications, stopping review contractor invoices for the Iraqi Police inadequate construction, and avoiding re- Training Program. For a detailed listing of work these financial impacts, see Table C-1. • increase potential oil revenue Significant non-financial benefits include • avoid waste and unnecessary expenditures those associated with a recommendation that Kellogg Brown and Root Services, Inc. (KBR) discontinue the practice of routinely marking almost all of the information it provides to the U.S. government as “KBR proprietary data.” The government’s prohibition of this practice results in improved accountability (improved- management and internal controls). JAnUARY 30, 2008 i REPORT TO CONGRESS i C- Appendix c Detail of Impact of SIGIR Audits ($ millions) Dollars Saved/Funds Challenged Audit # Recovered Better Use Payments Non-financial Impact Federal Deployment Center Forward Operations 04-003 DFI $19.00 at the Kuwait Hilton Oversight of Funds Provided to Iraqi Ministries Improved controls over 05-004 DFI through the National Budget Process payroll 05-017 DFI $7.80 Award Fee Process for Contractors Involved in 7/16/05 $.53a Iraq Reconstruction 9/20/05 $.67b Improved property Review of Task Force Shield Programs 06-009 $12.80 accountability Review of the MNSTC-I Reconciliation of the Iraqi Armed Forces Seized Assets Fund/Iraqi 06-010/015 $1.50c $3.46 Armed Forces Seized Assets Fund: Review of Contracts and Financial Documents Survey of the Status of Funding for Iraq Programs Allocated to the DoS Bureau of 06-016 $23.30d International Narcotics and Law Enforcement Affairs, as of December 31, 2005 Controls Over Unliquidated Obligations in the 07-011 $3.20 Iraq Relief and Reconstruction Fund Interim Review of DynCorp International, LLC, Spending Under Its Contract for the Iraqi Police 07-016 $.10 $29.00 $4.10 Training Program Total $57.90 $40.00 $7.56 Notes: a Recovery of cash turned in to Comptroller by audit and investigations: $527,456. b Recovery of cash turned in to Comptroller by audit and investigations: $670,664. c Audit recommendations resulted in de-obligation of $1,512,303.29 from multiple contracts. d Audit recommendation prevented loss of medical equipment, which would have resulted in about $23.30 million in replacement cost, per independent assessment. Table C-1 C- i SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION Appendix c impact of SiGiR investigations These impacts are the result of investiga- SIGIR investigators have recovered or seized tive actions from 336 open, closed, or referred assets valued at about $17.2 million as a result cases. Seized funds were recovered from sub- of court-ordered restitution and forfeiture. jects identified in ongoing and closed SIGIR Investigators also prevented about $3.8 million investigations. Recoveries are documented of incurred cost by alerting contracting officers from fraudulent payments and seizures of to improper contracts. SIGIR’s investigative unaccounted-for cash. Property seizures reflect work contributed to improving controls in the assessed value of currently seized assets contracting and financial management and purchased with illegally obtained funds and identified another $2.1 million in potential recovered in criminal investigations. recovery. For details, see Table C-2. Detail of Financial-Related Impact of SIGIR Investigations ($ millions) Court-ordered Restitution/ Forfeiture Cost Avoidance Potential Recovery Total $17.2 $3.8 $2.1 Note: Numbers are provided in aggregate. Individual tracking is done on a case level and maintained by SIGIR AIG for Investigations. Table C-2 JAnUARY 30, 2008 i REPORT TO CONGRESS i C- Appendix c C- i SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION Appendix d cRoss-RefeRence of siGiR bUdGet teRms The Special Inspector General for Iraq Reconstruction (SIGIR) collects and presents funding data from different sources. This appendix cross-references budget terms associated with IRRF ISFF, ESF, CERP, INL as well as International Support for Iraq Reconstruction.   SIGIR Terminology   Appropriation Allocation Obligation Expenditure   Fund Type Source Terminology Source IRRF 1, IRRF 2 Appropriation Apportion Obligation Disbursement DoS, Iraq Weekly Status  ISFF FY 2005 – FY 2007 Appropriation Apportion Obligation Disbursement DoD, Secretary of the Army Update;  USACE Financial Management  System, ISFF Funds Execution Report  ESF FY 2003 Base and Supplemental,  Appropriation Allocation Obligation Expenditure ITAO, Response to SIGIR data call ESF FY 2006 Supplemental, ESF FY 2006  Appropriation Allocation Obligation Expenditure USAID, Response to SIGIR data call State, ESF FY 2007 Supplemental and  Continuing Resolution Appropriation Amount NA NA ITAO, Essential Indicators Report CERP FY 2004 – FY 2007 Appropriation NA Obligation Disbursement MNC-I, Response to SIGIR data call INL Allotment NA Obligation Liquidations/ INL, Response to SIGIR data call Expenditure International Support for Iraq  NA NA Commitment Disbursement Development Assistance Database  Reconstruction (www.mop-Iraq.org/dad) jAnUARY 30, 2008 i REPORT TO CONGRESS i d-

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