Selected VAMC’s Time Frames for Developing High- Value SSACs Can Be Significant, But VHA Has Not Established Standards for Timeliness and Does Not Collect Data

We found that the 11 high-value, long-term SSACs we selected for review  from three of the five VAMCs we visited took nearly 3 years (33.8 months)  on average to develop and award. (See fig. 1.) The total time required  for the development and award of these 11 high-value, long-term SSACs  ranged from 18 to 46 months and the longest contracting phases were  the solicitation and negotiation phases.
According to leadership officials and contracting officers from all five of  the network contracting offices we visited, establishing high-value, long- term SSACs in a timely manner has been challenging for several  reasons, including (1) not always receiving a complete, actionable, and  timely initial information package from the VAMC that contains  information the contracting officer needs to begin acquisition planning; (2)  lengthy review processes for high-value, long-term SSACs; (3)  negotiation challenges with the affiliates on the price of high-value, long- term SSACs; and (4) VAMC resistance to developing and pursuing high- value, long-term SSACs. VAMC-based contracting officer’s  representatives and medical directors from all five of the VAMCs we  visited also explained that establishing high-value, long-term SSACs has  presented challenges for them. Specifically, 9 of the 14 contracting  officer’s representatives we spoke with noted that they are often asked to  resubmit initial information packages to the contracting officer throughout  the development of a SSAC due to form updates or policy changes that  occurred since the time they created these documents. Moreover, VAMC  officials from all five VAMCs we visited indicated that the length of time it  takes to develop and award high-value, long-term SSACs presents many  challenges for their VAMCs, including the potential for gaps in patient  care and the need to repeatedly establish short-term solutions.
We also found that VHA has not developed standards that can be used to  measure the timeliness of developing high-value, long-term SSACs.  However, during fiscal year 2016, VHA developed estimates for the  maximum duration of each contracting phase, referred to as procurement  action lead times (PALT). Currently, the PALT goal for the development  and award of a high-value, long-term SSAC is between 20 and 21  months; however, we found that 10 of the 11 high-value, long-term  SSACs we reviewed exceeded these PALT goals by as little as 1.4  months and as many as 25.8 months. According to VHA officials we  interviewed, PALT goals are not used as performance standards for  VAMC, network contracting office, and Medical Sharing Office staff  responsible for the development of high-value, long-term SSACs. These  officials told us that VHA is currently developing and conducting validity  tests of revised PALT goals for several types of contracts, including  SSACs, but there is no planned end date for these tests and they do not  expect to implement revised PALT goals across VHA until at least fiscal  year 2017. These officials explained that the revised PALT goals will be  used for setting expectations with VAMC officials for the length of time it  should take to develop and award several types of contracts, including  SSACs. Federal internal control standards recommend establishing and  reviewing performance standards at all levels of an agency. Absent  such standards, VHA cannot ensure that its high-value, long-term SSACs  are being developed in a timely manner.
Additionally, we found that VHA does not collect data on the length of  time each contracting phase took to complete for any SSACs, including  the 11 high-value, long-term and 12 short-term SSACs we selected for  review. Federal internal control standards state that information should be  recorded and communicated to management and others within the  agency that need it in a format and time frame that enables them to carry  out their responsibilities. However, in contrast with these standards, VA  is unable to analyze the time spent in each phase of SSAC development,  and this inability has disadvantages in terms of management decisions  and accountability for SSAC development. The absence of real-time data  on the amount of time being spent within each contracting phase limits  VA’s ability to make informed management decisions, including changes  to the assignment of staff that are either overburdened by their workloads  or in need of additional training to build their competency with a particular  type of contract or contracting phase. This lack of information prevents  VHA from effectively setting clear and consistent objectives for  organizational performance and making improvements as needed.
Our report concluded that a lack of attention to the time spent to develop  and award high-value, long-term SSACs has resulted in VHA’s inability to  ensure that contracts are being developed in a timely manner. To ensure  the timely development of high-value, long-term SSACs, we  recommended that VA (1) establish performance standards for  appropriate development time frames for high-value, long-term SSACs  and use these performance standards to routinely monitor VAMC,  network contracting office, and Medical Sharing Office efforts to develop  these contracts; and (2) collect performance data on the time spent in  each phase of the development of high-value, long-term SSACs and  periodically analyze these data to assess performance. VA concurred  with these recommendations and said that it will take steps to address  these weaknesses, including the creation of a workgroup that will  establish performance standards for development time frames for high- value, long-term SSACs and the designation of an office within VHA to  routinely monitor these performance standards. VA also said that it will  assess its current data systems to determine whether a new or different  system would be needed to capture all relevant data and that the Medical  Sharing Office will collaborate with other stakeholders to determine the  need for and the mechanism to collect additional data.

	Short-Term SSACs Have Been Used to Overcome Lengthy High-Value, Long- Term SSAC Development Time Frames, but VHA Lacks Effective Oversight for Their Development and Use

We found that short-term SSACs are used to provide coverage to bridge  the gap between an expired or expiring high-value, long-term SSAC and  its replacement. Specifically, 6 of our 12 selected short-term SSACs were  awarded as bridge contracts, which creates duplicative work for VAMC  and contracting staff because they must simultaneously develop both the  short-term SSAC bridge contract and the replacement high-value, long- term or low-value, long-term SSAC. Of the remaining 6 short-term  SSACs we reviewed, 5 were awarded to allow affiliate services to begin  while new high-value, long-term SSACs were being developed for the  same services and 1 was awarded to fill a short-term staffing need at a  VAMC. In addition, we found that the use of these 12 short-term SSACs  was consistent with reasons reported by from the majority of the medical  sharing team supervisors from the 21 network contracting offices.  Specifically, 12 medical sharing team supervisors from the 21 network  contracting offices (57 percent) reported that the most prevalent reason  that they opt to award short-term SSACs is to avoid any gaps in services  due to the length of time it takes to develop and award high-value, long- term SSACs.
Federal internal control standards state an agency should provide for an  assessment of the agency’s risk associated with achieving its objectives,  including identifying risks through forecasting and strategic planning.  However, in contrast with these standards, VHA does not have a policy  that requires VAMCs and network contracting offices to engage in timely  acquisition planning to ensure that expiring high-value, long-term SSACs  are replaced without the need to use a short-term SSAC as a bridge  contract. Moreover, VA’s governing directive for the development of  SSACs does not specify when VAMC and network contracting office staff  should begin acquisition planning activities to replace an existing high- value, long-term SSAC. As a result, VHA lacks assurance that its staff  are performing and accountable for their roles in ensuring that  replacement high-value, long-term SSACs are developed in time and that  the agency is minimizing duplicative work when short-term SSACs are  used as bridge contracts.
We also found that VHA was further exposed to potential risks associated  with using short-term SSACs because the Medical Sharing Office, the  VHA Central Office entity with oversight authority of SSACs, does not  consistently review available data on all SSACs awarded throughout  VHA; in particular, it does not review the level of reliance on short-term  SSACs. While this office creates monthly reports for all VISNs and  network contracting offices that provide information on the status of their  medical sharing contracts, including all SSACs, they rely on network  contracting offices to determine if they are selecting the appropriate term  for their contracts. This can potentially be problematic because 7 of the  medical sharing supervisors from the 21 network contracting offices we  contacted and leadership teams and contracting officers from 3 of the 5  network contracting offices we visited told us that at times they have  purposefully developed short-term SSACs in lieu of high-value, long-term  SSACs because the Medical Sharing Office does not review any short- term SSACs. In fact, we found 6 of the 12 short-term SSACs we selected  for review were extended beyond their initial performance periods for up  to 11 months resulting in total values for these 6 contracts that ranged  from almost $686,000 to $1.4 million—well beyond the $500,000 Medical  Sharing Office review threshold. Standards for internal control in the  federal government state that control activities should occur at all levels of  an agency to help ensure that management’s directive are carried out by  staff and that top-level reviews of actual performance by agency  management are needed to track major agency achievements and  compare these to plans, goals, and objectives that were previously  established.
In addition, we found that 7 of the 12 short-term SSACs we selected for  review from two network contracting offices did not follow VA and VHA  policy for the development of SSACs. Specifically, we found 5 short-term  SSACs we reviewed from one network contracting office where (1) a  solicitation was not issued to the affiliate, (2) the affiliate did not provide  VHA a formal proposal outlining its services and instead submitted a price  quote, and (3) negotiations were not conducted to address potential  pricing issues before awarding the final contract. The contracting officer  responsible for these 5 short-term SSACs explained that he was often  given as little as 10 business days to develop and award a short-term  SSAC before the prior short-term SSAC expired and that he did not have  the skills needed to conduct negotiations with the affiliate. We found that  this contracting officer’s supervisor had reviewed all 5 of these contracts  prior to their award; however, the review process did not identify the  areas that did not adhere to VA and VHA policy requirements for the  development of SSACs. Federal internal control standards recommend  that agencies establish processes to ensure the proper execution of  transactions, including the provision of the proper amount of  supervision. However, without ensuring that contracting officers are  adhering to VA and VHA policies and network contracting offices are  effectively reviewing the development of short-term SSACs as required by  VA and VHA policies, VHA may be at risk for overpaying for affiliate  services provided through these contracts.
Our report concluded that the lack of attention to this overreliance on  short-term SSACs as bridge contracts exposes VHA to risks. To ensure  the effective development and use of short-term SSACs, we  recommended VA (1) develop requirements for VAMCs and network  contracting offices to effectively engage in early acquisition planning for  the replacement of expiring high-value, long-term SSACs, (2) prioritize  the review of SSAC contract data to identify patterns of overreliance on  short-term SSACs that avoid appropriate Medical Sharing Office  oversight, and (3) develop standards for the minimum amount of time  necessary to develop and award short-term SSACs to minimize cases of  nonadherence to VA policy for these contracts. VA concurred with these  recommendations, and laid out plans to develop new requirements and  standards while also charging the Medical Sharing Office with conducting  data reviews of short-term SSACs.

	High Turnover and Limited Training Opportunities Result in Inexperienced VHA Medical Sharing Contracting Officers and Impede the Development of SSACs

We found a high level of turnover among medical sharing contracting  officers in all 21 network contracting offices that was exacerbated by a  high level of inexperience among contracting officers responsible for  developing SSACs. Network contracting office medical sharing teams  experienced significant turnover in recent years, with 23 percent (49 of  217) of medical sharing contracting officer full-time employee equivalents  (FTEE) in fiscal year 2014 and 27 percent (65 of 239) of FTEEs in fiscal  year 2015 either resigning or transferring to another VHA contracting  team.
Medical sharing supervisors offered several potential explanations for  turnover on medical sharing teams, including job burnout, the complexity  of medical sharing contracts, the workload associated with medical  sharing teams, and frustration with the layers of review required for these  contracts. Medical Sharing Office officials told us that this turnover  hinders the SSAC development process because newer contracting  officers have greater difficulty developing high-value, long-term SSACs  due to a lack of experience and knowledge. They also told us that they  believe it takes approximately 5 years for a contracting officer to become  experienced in developing medical sharing contracts, including SSACs.  We found, however, that more than half of medical sharing contracting  officers had 2 years or less medical sharing contract experience and less  than one-quarter had more than 4 years of experience developing  medical sharing contracts. Federal internal control standards state that  effective management of an organization’s workforce, such as having the  right personnel on board, is essential to achieving results. However, in  contrast to these standards, VHA does not have a plan to address  medical sharing contracting officer turnover. As a result, VHA lacks  assurance that network contracting offices can maintain and develop the  contracting officers’ skillsets that are necessary for developing complex  medical sharing contracts, such as SSACs.
Moreover, we found that limited training opportunities for medical sharing  contracting officers further erodes VA’s knowledge base for developing  high-quality and cost-effective SSACs. The Medical Sharing Office has  developed and offered three in-person training courses designed to  progressively build a contracting officer’s competence in developing  medical sharing contracts, including SSACs. Medical Sharing Office  officials reported in February 2016 that over 90 percent of all participants  for each of the training classes reported that the trainings increased their  medical sharing competency and that the information presented would  contribute to their job performance. Since fiscal year 2015, however, VHA  has not consistently provided training for medical sharing teams in  network contracting officers throughout VHA. VHA has canceled some of  their course offerings due to budget constraints. In addition, VHA Central  Office requested that the Medical Sharing Office cut the class size of  each course offering by 25 percent. Federal internal control standards  state that agencies should establish good human capital policies and  practices, such as appropriate practices for training. In contrast to these  standards, VHA has not determined how to either provide the existing  training courses or develop alternatives that do not require travel in  response to a changing budgetary environment. As a result, VHA cannot  build the skills of its medical sharing contracting officers and overcome  the challenges associated with their inexperience.
Our report concluded that instability in the medical sharing workforce, due  to high levels of turnover among medical sharing contracting officers, has  limited VHA’s ability to develop high-quality SSACs throughout VHA. To  develop and maintain medical sharing expertise within the network  contracting offices, we recommended that VA (1) create a plan to  increase retention of contracting officers that work in medical sharing  teams, and (2) develop mechanisms to either provide existing training  courses or create training courses that do not require travel for  contracting officers working within network contracting offices. VA  concurred with both of these recommendations and summarized planned  steps to address these recommendations, including the development of a  retention plan and soliciting agency leadership for assistance in resource  prioritization to fund VHA health care contracting training courses.

	Selected Affiliates Reported Communication and Coordination Challenges with VHA Regarding SSACs

We found that representatives from the five affiliates that provide services  through SSACs to our selected VAMCs noted challenges related to  receiving information on changes to VA and VHA requirements for  SSACs. These included communication from VHA about what services  the VAMC needed from the affiliate, the documentation requirements  affiliates needed to submit to support their physician salary pricing, and  changes to VHA’s approach to negotiations. The affiliate representatives  also noted coordination challenges related to responding to SSAC  solicitations. For example, representatives reported that it was  challenging for them to provide services to VAMCs under short-term  SSACs because the length of these contracts does not provide a  commitment from VHA for the physicians hired by the affiliate to fulfill the  contract. These affiliate representatives explained that it can take a year  or longer to recruit a well-qualified academic physician and short-term  SSACs do not provide the funding commitment needed by the affiliate to  recruit these physicians. Federal internal control standards state that  information should be communicated both internally and externally to  enable the agency to carry out its responsibilities; for external  communications, these standards state that management should ensure  that there are adequate means of communicating with, and obtaining  information from, external stakeholders that may have a significant impact  on the agency achieving its goals. In contrast to these standards, VHA’s  efforts to cultivate better communication and coordination with affiliates at  the national level have been limited, consisting of three regional forums  with all its affiliates in fiscal year 2012. Since 2012, VA has relied  primarily on local coordination with affiliates in lieu of regional forums, due  to travel restrictions associated with VA’s recent budget shortfalls. As a  result, VHA cannot ensure that it is effectively responding to the concerns  of its affiliates.
Our report concluded that concerns about VA’s communication and  coordination with its affiliates, as voiced by representatives from the five  affiliates we spoke with, demonstrate potentially ineffective  communication streams with these critical partners. To ensure VHA  effectively communicates with its affiliates regarding SSACs, we  recommended that VA reach out to all its affiliates, identify any concerns,  and determine the most effective method of communicating with affiliates  regarding SSAC development. VA concurred with this recommendation  and said that the VHA’s Office of Academic Affiliations and Medical  Sharing Office will re-engage with the American Association of Medical  Colleges to determine the best ways to gather input from affiliates on their  concerns and determine the most effective method of communication with  them regarding SSAC development. Furthermore, VA added that these  offices will evaluate VA’s current partnerships with affiliates to identify  both highly functional relationships that could be highlighted as best  practices and partnerships that could benefit from targeted intervention.
Chairman Coffman, Ranking Member Kuster, and Members of the  Subcommittee, this concludes my prepared statement. I would be  pleased to answer any questions that you may have at this time.

	GAO Contact and Staff Acknowledgments

If you or your staff members have any questions concerning this  testimony, please contact me at (202) 512-7114 or williamsonr@gao.gov.  Contact points for our Offices of Congressional Relations and Public  Affairs may be found on the last page of this statement. Other individuals  who made key contributions to this testimony include Marcia A. Mann,  Assistant Director; Cathleen Hamann; Katherine Nicole Laubacher;  Dharani Ranganathan; and Said Sariolghalam.
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Summary:
Why GAO Did This Study

This testimony summarizes the information contained in GAO's May 2016 report, entitled VA Health Care: Improvements Needed for Management and Oversight of Sole- Source Affiliate Contract Development (GAO-16-426).

What GAO Found

GAO found it took nearly 3 years on average to develop and award 11 selected high- value, long-term sole-source affiliate contracts (SSAC) from three of the five Department of Veterans Affairs (VA) medical centers (VAMC) GAO visited. The two remaining VAMCs GAO visited did not use high-value, long-term SSACs. High-value, long-term SSACs generally require the most oversight of all SSACs by the Veterans Health Administration (VHA), have total initial values of $500,000 or more, and provide affiliate services for more than 1 year. Officials from all five VAMCs GAO visited said that the lengthy development time frames of these contracts can impact VAMCs in several ways—including creating potential gaps in patient care and the need to repeatedly establish short-term solutions. GAO found that 10 of these 11 selected high-value, long-term SSACs exceeded the informal estimates created by VHA as planning guides for the expected development time frames that high-value, long-term SSACs should take. According to VA officials, these informal estimates are not used to measure the performance of this process and VHA has not established standards for the timely development of high-value, long-term SSACs. Federal internal control standards recommend establishing and reviewing performance standards at all levels of an agency. Absent such standards, VHA cannot ensure that its high-value, long-term SSACs are being developed in a timely manner.
VHA uses short-term SSACs to overcome lengthy high-value, long-term SSAC development time frames, but lacks effective oversight for the development and use of short-term SSACs. Short-term SSACs have total initial values of less than $500,000, provide affiliate services for up to 1 year, and are not reviewed by VHA Central Office. Instead they are developed and awarded independently by contracting officers within VHA's network contracting offices. Of the 12 short-term SSACs that GAO reviewed, 7 did not adhere to VA and VHA policy for the development of short-term SSACs—including 5 where (1) a solicitation was not issued to the affiliate (a required document detailing VA's performance requirements to enable a prospective contractor to prepare its proposal); (2) the affiliate did not provide VHA a formal proposal outlining the services to be provided and instead submitted a price quote; and (3) negotiations were not conducted between the contracting officer and affiliate to address potential pricing issues before awarding the final contract. The contracting officer responsible for these five contracts cited the lack of adequate time to develop and award the contracts and a lack of contract negotiating skills as the primary factors that impacted his ability to ensure that these short-term SSACs adhered to VA and VHA policy requirements. By not developing standards for short-term SSACs, VA has limited assurance that contracting officers have enough time to develop and award these contracts and also adhere to VA and VHA policy requirements.
GAO found a high level of inexperience among contracting officers responsible for developing SSACs in all 21 of VHA's network contracting offices. Specifically, about one-third of medical sharing contracting officers had 1 year or less experience developing medical sharing contracts, including SSACs, and more than half of medical sharing contracting officers had 2 years or less medical sharing contract experience. The high level of inexperience can be attributed in part to high turnover in recent years. About one-quarter of medical sharing contracting officers working within network contracting offices either left VA or were reassigned to other contracting teams. Inconsistent with federal internal control standards, VA does not have a plan to address the retention of its contracting workforce, nor has it taken adequate steps to expand training opportunities to enhance the level of competence.