Sunlight Foundation

Memo to Congress: Open a Wider Window on Contractors

With the Federal Reserve, the Federal Deposit Insurance Corp., the Federal Housing Administration and the Treasury combining to promise trillions (as much as $7.7 trillion to be precise, but who, other than Bloomberg News, is counting?) with little or no transparency or disclosure for the bulk of the money, it's easy to lose sight of the relative nickels and dimes doled out in contracts awarded by federal agencies to private firms -- all $430 billion of it.

The extent to which contractors interact with government is breathtaking -- to give on example, the army field manual setting forth the rules contractors must abide by on the battlefield was written by Military Professional Resources Inc., a government contractor. And abuses in the system have been well-documented: Rep. Randy "Duke" Cunningham went to jail for steering federal contracts in exchange for bribes; Darleen Druyun, an Air Force procurement officer, earned her prison stripes by swinging a sweetheart tanker deal for Boeing before leaving the Pentagon for a sweetheart job with...Boeing.

Sites like FedSpending.org and the Federal Contractor Misconduct Database bring a little transparency and accountability to the process, but there's far more information that Congress should require that the federal government provide.

Once upon a time, contractors had to publicly disclose when they went outside the normal procurement process and hired lobbyists to attempt to win contracts. Bringing back those disclosures (which required lobbyists to list those they were meeting with on behalf of clients) and integrating those disclosures with the data available on USASpending.gov (FedSpending's less robust government cousin) would be one place to start. Clearly identifying which contracts satisfy presidential and congressional earmarks would be useful as well. Linking up contract awards in USASpending with archived solicitation notices in FedBizOpps, the government's official contracting opportunities database, would also provide the public with a fuller picture of what the government is buying. (In USASpending, a Blackwater State Department contract is described as being for "protective services - Iraq." Fedbizopps provides somewhat more detail on what a security contract might entail.)

Government can't do its work without contractors -- everything from the security of State Department officials to answering requests for documents under the Freedom of Information Act have been outsourced. But government can require more transparency from contractors and the federal agencies they work for -- keeping them open keeps the system honest.

WTF?

Yesterday President Bush signed the National Defense Authorization Act for Fiscal Year 2009 which includes a provision to establish a government-wide database with information on the integrity and performance of federal contractors and grantees. But get this! The government's version will not be made available to the public. This is an outrage.

So thank heavens for POGO, The Project on Government Oversight, which has just released an updated and expanded version of their Federal Contractor Misconduct Database (FCMD), which includes information on the misconduct history of the top 100 federal contractors.  POGO will continue to maintain their database as a free public resource with updated information on the misconduct of the top federal contractors. Here's a link to a helpful fact sheet regarding myths about the federal database.

POGO has made several format changes and added new search and sort functions that will make the database easier to use. They built the FCMD as a way to help separate responsible contractors from shady and corrupt ones. Here's a link to POGO's press release announcing the updated database.

POGO's site goes back to 1995, and currently lists over 750 instances of contractor misconduct, such as fraud and violations of environmental, securities, and labor laws. Topping the list is Lockheed Martin, with 47 instances of misconduct.

And here's the ultimate irony.  The Fed's database will be modeled after POGO's FCMD.

New Reports Shine More Light

Two new reports shine light on waste, corruption and the buying of influence in Washington.

Earlier this week, U.S. PIRG released a report showing how the federal government continues to waste tens of billions in the process of outsourcing work to private companies. "Forgiving Fraud And Failure: Profiles In Federal Contracting" reports on how the feds continue to work with companies that did shoddy work and or were found to have committed fraud.

Last year, the federal government spent $422 billion outsourcing work to private companies, a 100 percent increase since 2000, all with precious little oversight. U.S. PIRG reports that loose rules, lack of competition, and limited accountability are the problems. PIRG's suggestions: increase the disclosure of contract information; increasing competition among multiple bidders; and strengthening the screening of bad actors.

Our friends at POGO have been refining their "Federal Contractor Misconduct Database", a valuable tool for investigative journalists and citizens who want to see the rap sheets on companies our government hires. The fact that these contractors are also large campaign donors just rounds out the equation.

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