Oh My God—It’s Full of Fraud!

Our headline for today comes from the last words uttered by Astronaut Dave Bowman’s in the movie, 2001: A Space Odyssey—as
reinterpreted for this occasion. What causes this particular bout of
Internet hyperbole? Well, it’s like this, folks. We have two more
stories about fraud in the public procurement process to talk about
today.
We recently wrote
about four separate fraud/corruption enforcement actions undertaken by
the Department of Justice, all of which were reported within one
two-week span of time. We opined, “With the constant stream of news
stories like these, it’s no wonder government auditors and law
enforcement officials think so many people (and contractors) are
crooks.”
And
this is not the first time we’ve muttered (or yelled, if you will)
similar sentiments. A site wordsearch on “fraud” yields more than a
score of articles on fraud, corruption, bribery, and outright theft
within the public procurement process. In this article,
published in February, 2010, we asked whether such wrongdoing was
simply “business as usual” in the government contracting environment. In
that article, we noted, “… these three stories, coming essentially on
top of one another, and put in context of other articles we’ve posted
recently … should remind readers that there is enough wrongdoing to
justify all the many auditors and law enforcement officials we encounter
in this highly regulated industry.”
What does today’s menu of wrongdoing contain? What’s the corruption du jour, if you will? As a famous poet once wrote:
Oh, do not ask, “What is it?”
Let us go and make our visit.
The
first item on our menu is the case of Richard Harrington, age 38, of
Jacksonville, North Carolina—a former Major in the United States Marine
Corps., and former Contracting Officer’s Representative It is said that
there is no such thing as a former Marine, but we bet that the Corps. wouldn’t mind it if Major Harrington stopped calling himself one. Here’s the link
to his tawdry tale of accepting bribes from contractors while stationed
in Iraq. According to the article, “Harrington requested and received
Rolex watches, a Persian rug and $35,000 in cash from contractors while
working on a project for new gym equipment.” The article reported—
Harrington
was stationed at Camp Fallujah, Iraq … serving as a contracting officer
representative. Tasked with inspecting and accepting work from
contractors and monitoring their compliance, he wrongfully solicited and
accepted gifts from a contractor while working on a $2.2 million gym
equipment contract with Al Jazaer Group….
Before
an official trip to Dubai, United Arab Emirates, in November 2005 to
conduct market research, Harrington told a corporate representative for
Al Jazaer that he wanted two Rolex watches. The company would deliver
the watches, valued at more than $5,000 apiece, to Harrington while he
was in Dubai.
During
the trip, Harrington was also unofficially accompanied by a
representative from AVA International Corporation who paid for most of
his expenses, including transportation and hotel, and the gift of a
Persian rug. In spite of this, Harrington submitted expense reports for
more than $10,000 following the trip, and was reimbursed in full by the
U.S. Government.
Harrington
would later receive additional watches from Al Jazaer and other
contractors. Shortly after Al Jazaer received its final payment on the
contract, Harrington received the $35,000 he had requested from the
company.
When
he returned to Jacksonville in Dec. 2005, Harrington took the watches
with him and shipped the $35,000 home in a trunk. He declared neither on
customs forms. He would use the money to buy a car, pay off a car loan
and purchase another Rolex watch.
… Al
Jazaer enlisted Harrington’s help after his return home in a dispute
over more than 30 shipping containers, valued at $90,000, which were in
the custody of the Marine Corps. Harrington contacted officials in Iraq
and assisted the company in getting the containers back.
Well, that’s a nice way to profit from one’s military career, is it not? What else might we have to report on?
Our
second story concerns, among other things, a counterfeit “Jesus nut”.
What’s a Jesus nut? That’s the part of a helicopter that secures the
main rotor to the rest of the aircraft. If it doesn’t work right, the
rotor stops turning (or separates from the helicopter) and the
helicopter experiences an extreme challenge in maintaining lift. As this
Wikipedia article
notes, “The term may have come from the idea that, if the Jesus pin were
to fail in flight, the helicopter would detach from the rotors and the
only thing left for the crew to do would be to pray to Jesus.” Suffice
to say that counterfeit Jesus nuts that don’t meet MILSPEC requirements
are a very big deal to those folks who have to ride helos for a living.
So what (allegedly) happened? Let’s look at this story,
published by the Register-Guard of Coos Bay, Oregon. The story reports
on a local military contractor—Kustom Products, Inc.—that (allegedly)
“routinely and systematically engaged in a scheme to defraud the United
States by providing nonconforming substitute parts and supplies to the
(Defense Department) … substantially profiting from this practice.” The
story reported—
Two
generations of a longtime family business here are under federal
investigation for allegedly selling thousands of defective, knock-off
parts to the U.S. military — including a critical helicopter part Army
mechanics call “the Jesus Nut” because it secures the main rotor to the
aircraft.
Kustom
Products Inc. and its predecessor companies landed more than $31
million in Defense Department contracts between 2005 and 2009… Company
president Harold Ray Bettencourt, his ex-wife and the couple’s four
adult sons paid themselves nearly $3.7 million between June 2007 and
December 2009 from mark-ups of 22 percent to 3,745 percent on their
military contracts… A Defense Department investigation allegedly turned
up their flawed, look-alike parts as far away as Kuwait.
Search
and seizure warrants unsealed late last month by U.S. District
Magistrate Judge Thomas Coffin in Eugene suggest that the three oldest
Bettencourt brothers — Bo, 29, Nick, 28, and Pete, 23 — used contract
proceeds to build new $400,000 to $500,000 homes on the same street in a
North Bend subdivision overlooking the Pacific Ocean.
Those
homes have been seized for forfeiture to the federal government, along
with the business complex and a $1.2 million home on a Myrtle Creek
ranch still jointly owned by Harold and Kathy Sue Bettencourt despite
their 2009 divorce. Dozens of bank accounts also are under seizure,
along with late-model boats and high-end vehicles including a Lexus, a
Mercedes-Benz and a Hummer.
Property is subject to forfeiture under federal law if it is used in or bought with proceeds of a criminal enterprise. …
‘Fraud
involving space vehicle or aircraft parts in interstate commerce’ is
among the possible charges... Penalties for that crime range up to 15
years in prison and $500,000 in fines if a fraudulent part was installed
on an aircraft.
Investigators
are also probing allegations that KPI provided ‘false records and
documents to disguise their scheme’ when the Defense Department tried to
trace the ‘nonconforming parts’… [They] alleged that owners and
employees of KPI and a sister company, Southern Oregon Sterling Parts
and Service Inc., ‘routinely and systematically engaged in a scheme to
defraud the United States by providing nonconforming substitute parts
and supplies to the (Defense Department) … substantially profiting from
this practice.’ And Bo Bettencourt told investigators that KPI’s
survival depended on providing knock-off parts ‘like everyone else’ in
the defense contracting business …
[Allegedly]
KPI and Sterling won contracts using a Pentagon computer program known
as PACE, which automatically awards contracts of $25,000 or less based
solely on the lowest bid submitted. The Bettencourts were low-balling
their competition … then sending photos of the authentic parts to a
Texas company they hired to ‘reverse engineer’ replicas. They got caught
when military mechanics found some of the parts defective — including a
locking nut that secures the main rotor to the mast of Kiowa
helicopters… Mechanics with the Kentucky Army National Guard discovered
defects in eight of the nuts as they attempted to install them on
helicopters in August 2008… The flaws prompted them to send out an
Army-wide warning… ‘This part is manufactured wrong. It has a flat
surface where it goes into the latch instead of a radius,’ the mechanics
reported, adding: ‘Keep these nuts from being installed on aircraft,
safety of flight issue.’ … The affidavit does not allege — and The
Register-Guard could find no evidence — that the defective parts caused a
helicopter crash.
When
Defense Department investigators traced the defective nuts to KPI and
Sterling, the Coos Bay firms acknowledged that they were not the parts
required under the contract ... But they blamed the discrepancy on the
nuts being placed in the wrong bin, rather than admitting they had
ordered them from an unauthorized manufacturer. That manufacturer, Coloc
Manufacturing of Canton, Texas, later told investigators that KPI never
revealed that the parts ‘were to be used on a military helicopter’s
main rotor assembly.’ …
Despite
the Defense Department probe, KPI [allegedly] continued to order …
‘nonconforming’ parts from Coloc. The … company simply asked the Texas
firm to re-engineer the knockoff parts to more closely resemble the
authorized parts specified in the contracts…
When
the Defense Department began scrutinizing other KPI and Sterling
military contracts, it found 83 different product deficiency reports
against the Coos Bay company ... The defective parts reportedly included
generators, alternators, filters and safety relief valves for light
armored vehicles, medium tactical vehicles and Humvees. [According to
the investigators] ‘In most cases, the parts were ‘critical application’
items essential to operating personnel.’
That
grinding sound you hear right now is not a failing Jesus nut; it is the
sound of our teeth. As always, defendants are innocent until proven
guilty in a court of law. (We heard that on a recent Law & Order
episode.) However, if these allegations are proven true, then we wish
this family a long visit to a Federal prison.
Perhaps they should have thought before putting lives in jeopardy. Perhaps they should have asked themselves this question. It might have helped.
And Justice For All: Army Majors, Embassy Employees, and Government Contractors

Every
day we get e-mails from the U.S. Department of Justice (DOJ), updating
us on the legal entanglements of public procurement officials and the
contractors they oversee. Here are a few of the more recent updates.
October 8, 2010 -- U.S.
Army Major Charles E. Sublett, 46, of Huntsville, Ala., was sentenced
to 21 months in prison for making false statements to a federal agency.
In addition to his prison term, Sublett was also sentenced to two years
of supervised release and was ordered to forfeit $107,900 and 17,120,000
Iraqi dinar. Sublett
was deployed to Balad Regional Contracting Center on Logistical Support
Area (LSA) Anaconda in Iraq from August 2004 through February 2005.
Sublett served as a contracting officer while deployed to LSA Anaconda.
As a contracting officer, Sublett was responsible for, among other
things, evaluating and supervising contracts with companies that provide
goods and services to the U.S. Army. Sublett admitted that he sent a
package from Balad, Iraq, to Killeen, Texas, which was seized by U.S.
Customs and Border Protection officers in Memphis. Sublett admitted
that, on the international air waybill, he falsely described the
contents of the package as books, papers, a jewelry box and clothes with
a total declared customs value of $140 when, in fact, Sublett knew the
package contained $107,900 in U.S. currency and 17,120,000 in Iraqi
dinar. Sublett also admitted that he failed to file a currency or
monetary instruments transaction report (CMIR) as required by federal
law when transporting currency in amounts of more than $10,000 into or
out of the United States. During the plea hearing, Sublett admitted to
making false claims to investigators regarding his attempt to bring the
currency into the United States in an effort to impede their
investigation. See the DOJ announcement here.
October 15, 2010
– Osama Esam Saleem Ayesh, 36, a foreign national employed at the U.S.
Embassy in Baghdad, Iraq, was charged with theft of public money and
acts affecting a personal financial interest in connection with $237,236
in U.S. Government funds. Ayesh was arrested on Aug. 16, 2010, based on
a criminal complaint charging him with one count of conflict of
interest. Ayesh held the position of shipping and customs supervisor at
the U.S. Embassy in Baghdad, where he was responsible for preparing the
necessary documents and logistical support for customs clearance and
delivery of shipments coming into Iraq for the embassy and embassy
officials and personnel. The indictment alleges that, between November
2008 and June 2010, Ayesh fraudulently caused $237,236 in U.S.
Government funds, intended for the payment of services provided to the
U.S. Embassy pursuant to two Blanket Purchase Agreements (BPAs), to be
sent to a bank account in Jordan that he controlled. The indictment
further alleges that, between September 2008 and June 2010, Ayesh
participated in the creation and operation of BPAs executed by the U.S.
Embassy in Baghdad, in which Ayesh knew that he and his wife had a
financial interest. The indictment alleges that Ayesh also knew that he
and his wife had a financial interest in the instigation of U.S.
electronic funds transfers to pay for services rendered under those
BPAs.
The
theft of public funds counts each carry a maximum of 10 years in prison
and a $250,000 fine. The conflict of interest charge carries a maximum
of five years in prison and a $250,000 fine. See the DOJ announcement here.
October 4, 2010 – A
federal jury convicted computer programmer Rajendrasinh Babubhai
Makwana, age 36, of Montgomery County, Maryland, of computer intrusion
arising from the transmission of malicious script to Fannie Mae’s
computer servers. Makwana was a contractor working at Fannie Mae’s
Urbana, Maryland facility from 2006 to October 24, 2008, where he was a
UNIX engineer who worked on Fannie Mae’s network of almost 5,000
computer servers. Makwana was fired on October 24, 2008 and told to turn
in all of his Fannie Mae equipment, including his laptop. On October
29, 2008, a Fannie Mae senior engineer discovered a malicious script
embedded in a routine program. A subsequent analysis of the script,
computer logs, Makwana’s laptop and other evidence, revealed that
Makwana had transmitted the malicious code on October 24, 2008 which was
intended to execute on January 31, 2009. The malicious code was
designed to propagate throughout the Fannie Mae network of computers and
destroy all data, including financial, securities and mortgage
information. Makwana faces a maximum sentence of 10 years in prison. See
the DOJ announcement here.
October 12, 2010
– Bristol Alloys, Inc.—and its president, James Bullick (age
42)—pleaded guilty to one count of Major Fraud against the United States
government. The defendants fraudulently supplied a Navy subcontractor
with metal that did not conform to required military specifications.
They also provided counterfeit certifications that showed that the metal
had been treated in accordance with contractual requirements when, in
fact, no such heat treatment had occurred. The defective metal was used
to build Virginia Class submarines. The company faces a maximum possible
sentence of five years probation, a $5 million fine, mandatory
restitution—and a $400 “special assessment”. Bullick faces a maximum
possible sentence of 10 years in prison, a 3-year period of supervised
release, a $ million fine, mandatory restitution, and (of course) a $100
“special assessment”. See the DOJ announcement at this site, here.
According to this article at the Hampton Roads PilotOnline news site—
Last
month, spokesmen for the Navy and the U.S. attorney's office in
Philadelphia declined to say whether any of the metal has been installed
in submarines or whether there are safety implications. The Navy has
known of the issue since last October, a spokesman said, and has
conducted detailed inspections of parts made with Bristol Alloys'
materials but would not provide further details.
Notice
that these reports were all issued within one two-week period. With the
constant stream of news stories like these, it’s no wonder government
auditors and law enforcement officials think so many people (and
contractors) are crooks.
|
UPDATE: The Army’s NextGen Ground Combat Vehicle

When last we posted
on the Army’s multi-billion dollar GCV program, we noted that the
solicitation had been cancelled. The Army reported that it intended to
issue a new Request for Proposals (RFP) within 60 days, but that
contract award might be delayed for up to six months—leaving the three competing teams in limbo.
It
should not be forgotten that the three teams undoubtedly spent
significant funds preparing their first bids, funds that will be
recovered through each contractor’s G&A expense allocation to
existing DOD contracts. As the Pentagon continues to focus on driving
affordability into its programs, somebody in a leadership position might
want to consider how much it costs the taxpayers for such failed
competitions. (Should we even mention the USAF’s KC-X Aerial Tanker
program?)
Anyway,
the teams will need to submit new proposals in response to the Army’s
changing requirements. In the first go-round, the Army reportedly
“overreached” with respect to technology integration. As we reported, “A
disconnect emerged between what the Army required in its RFP and what
the service expected to get….” A Pentagon review concluded that the
program plan was simply too risky to proceed.
We
quoted a GCV program spokesperson as saying, “The new RFP will reflect
changes to the program’s efforts to minimize technology integration risk
and to ensure that we have a viable acquisition strategy to deliver the
vehicle within seven years of the contract award….”
So
as the 60 days come to an end, we were interested to see how the Army
was revamping its approach. One answer was provided during an October 1, 2010 “industry day” in which “Army
officials explained their vision of the GCV program and gave industry
insight into what they can expect with the release of the request for
proposal that will kick off the development of the new vehicle.” Nearly
300 attendees listened to the Army briefings. Various sources carried
articles about the industry day, but we are going with this one from the Fort Leavenworth Lamp.
According
to the article, the Army still intends to issue its RFP very soon. More
details regarding the Army’s requirements emerged during the industry
day. The article reported—
Michael
N. Smith, director of the Army Maneuver Center of Excellence, said the
Army emphasized the importance of the infantry fighting vehicle to
potential GCV contractors during the industry day. ‘The requirement is
that we need an infantry fighting vehicle that can deliver a squad to
the battlefield, in an improvised-explosive-device environment —
realistically in an environment of anywhere along the continuum of
operations under Army,’ Smith said.
Smith
also said the Army already has ‘solutions’ that can operate in an IED
environment, but that those cannot operate across the full spectrum of
operations the Army may be called on to operate in. ‘So GCV ... as a
platform, is designed to allow us to address ... that spectrum of
operations, spectrum of conflict, while moving that squad to where it
needs to be,’ Smith said.
He
went on to say that Army leadership developed four imperatives for the
GCV, and emphasized those to industry representatives. Those include
capacity, force protection, full-spectrum operations and timing. Four
imperatives, he said, which are ‘non-negotiables’ with regard to GCV
development.
Capacity,
he said, means ‘a requirement to deliver the entire infantry squad on a
single platform.’ The force-protection requirement is separate from
vehicle survivability, he said, but rather is about ensuring safety for
Soldiers. …
‘Full-spectrum
operations’ means the vehicle must be able to perform missions that
include both offensive and defensive operations, as well as stability
operations. ‘From an operational perspective, (that) means I have to
have modular and scalable capabilities,’ he said. Smith added that the
vehicle must include ‘a whole suite of things to allow me to adapt the
platform to accomplish the mission in a wide variety of environments and
terrain sets.’
Timing, Smith said, means ensuring the vehicle is developed in time to ensure the end product is still valid for the mission. …
Cost is another significant element in GCV development and will play a key role in the RFP when it is released.
‘Our
intent for this RFP is to give them a target range and to use that as
part of assessing their proposals and making a determination — among
other factors, certainly — who ultimately will be selected,’ DiMarco
said. The colonel said a specific price range for manufacture would be
specified in the RFP, though he was unable to say what that range would
be.
Well,
there you go. The Army’s NextGen Ground Combat Vehicle must operate in a
“full-spectrum” threat environment, must be able to carry an entire
infantry squad and safely deliver that squad into whatever threat
environment is out there, and it has to be developed, tested, and
fielded ASAP. Oh—and by the way—it has to be cheap. In other words, it
has to do everything, meet an ambitious schedule, and meet aggressive
cost targets.
Let
us ask you, gentle readers—exactly what about the Army’s new strategy
is new or different, or even feasible? The Army wants everything and it
wants it now and it wants it to be affordable. Yes, that is clearly the
low-risk approach. (Note: Sarcasm.)
We are not alone in criticizing the Army’s revised same-‘ol-same-‘ol approach. Here’s an editorial from the American Enterprise Institute for Public Policy Research. It says—
The
‘back to the future’ direction in which the service is headed will be
expensive, controversial and expose what is perhaps the Army's most
chronic weakness: the inability to talk about combat basics in a plain
and coherent way. … The stakes on the Ground Combat Vehicle could not be
higher and go well past the issue of the vehicle itself. The Army's
approach to its future is best characterized as a return to land-combat
basics, a reconsideration of essential truths--and, in particular,
truths about the fog of war and the need for adequate manpower as well
as firepower in land combat--that will also prove very inconvenient. In
particular, in a time of austerity, they will prove especially
unsettling to those with an eye on the Pentagon's bottom line. …
Army
leaders have convinced one another many times before that their plan
for modernization was on target. Given the service's recent procurement
history, the Pentagon, Capitol Hill and other Washington audiences will
be skeptical. The program will also be a legacy of the Future Combat
Systems in the sense that it will capture a number of the FCS successes,
such as the network capabilities. It will also push technology in a
number of areas. For example, whether it has a hybrid electric or diesel
power plant, it's likely to be something on the order of 1500
horsepower; that is, as mighty as the turbine that drives the Abrams' 70
tons.
The
GCV will also be a big and heavy vehicle, whether one measures by the
‘deployment’ weight of about 50 tons or with the add-on armor that might
add another 20 tons. One design proposal received very cold water in
response from the COINdinistas who frequent the Small Wars Journal
website: ‘Dang! It looks like a middle-aged Bradley with a huge beer
belly and other baggage, not to mention the triple chins!’ was one of
the milder takes.
It
has been said by experienced former senior Government acquisition
officials that writing a proposal in response to inadequate Government
requirements is nothing more than an exercise in creative writing—an
exercise in writing fiction. We expect that RFPs that contain these
types of requirements will generate unparalleled new heights in such
creative fiction writing.
But
we sincerely doubt it will get the Army’s soldiers a better GCV any
faster, or that it will get the taxpayers a more affordable program.
This is not the way to do it, United States Army.
UPDATE: The Ups and Downs of the F-35 Program

As
always, the F-35 Lightning II program provides a constant cavalcade of
compelling stories—some good and others not so much. We have been
following the ups and downs of the program for some time. See, for
example, our story here
in which we discussed potential cost increases to the carrier-based and
STOVL versions of the Joint Strike Fighter (JSF), a potential halving
of the United Kingdom aircraft order, and the initiation of yet another
“bottom-up review of the program and its costs.” In this article,
we noted that the U.S. Air Force had halted its plans to increase
aircraft production to 110 planes per year, and instead had decided to
“top-out” purchases at 80 planes per year, starting in GFY 2016.
Since
that article was published in early February of 2010, there has been
quite a bit happening on the JSF program. We’re going to skip over some
history and focus on the most recent events.
The
October 11, 2010 edition of Aviation Week & Space Technology
magazine carried a story entitled, “Insult to Injury” in which it
recounted some of those events. The article reported—
Lockheed
Martin is … recovering from a short suspension of JSF flight operations
in late September [2010] after problems with the fuel system software
came to light in the laboratory. A sequencing problem was found to have
the potential to shut down all three of the F-35’s boost fuel pumps. The
suspension was lifted Oct. 5.
Four
F-35B [STOVL] variants have been restricted only to conventional flight
until a fix is implemented for a bearing-retention feature in the
auxiliary inlet door’s forward hinge. The fix must receive airworthiness
approval…. This is compounding difficulties keeping pace with STOVL
fight-test expectations.
Another
wrinkle … is the willingness of the U.S. Marine Corps., the first
customer expected to use and deploy operational JSFs, to slip its date
for initial operational capability (IOC). … However, timing for the
steps to reach IOC … are under review as part of a major technical
rebaselining … which is due in preparation for a Nov. 23 Defense
Acquisition Board meeting on the F-35.
Looking
abroad, the October 4, 2010 edition of AW&ST reported uncertainty
on the part of the JSF’s international customers, resulting in
“frustration” and “friction” between the U.S. and its international
partners. The article reported—
Price
has been a key issue…. A representative for a European F-35 customer
says it has been frustrating not to have received a clear answer on what
the aircraft will cost. [In addition] the issue of electronic warfare
(EW) reprogrammability … has been an area of friction…. The U.S. has
been slow to address these concerns….
The
discussions are unfolding as overseas buyers are also adjusting plans
to new program realities, reflecting delays announced this year by the
Pentagon. As a result, Norway is delaying the start of acquiring most of
its F-35s, following a similar decision announced last month by the
Netherlands. Norway is postponing its procurements to avoid buying
immature systems. This means the Norwegians will not start taking the
bulk of their F-35s until 2018. … But Norway insists it remains
committed to the program. The defense ministry reaffirms that it is
seeing big industrial benefits from Norwegian companies’ participation.
Developments
in Norway and the Netherlands are being closely followed by Denmark,
which had already delayed its plans to make a type decision between the
F-35, Boeing F/A-18E/F and Saab Gripen. But even if Denmark buys the
F-35, it is looking to other international operators to iron out early
fielding issues, so delivery delays in Norway, for example, could have a
ripple effect in Denmark.
Adding
“insult to injury,” however, has been the DOD’s decision “to decertify
[Lockheed Martin’s] Forth Worth facility for lack of adherence to the
government’s Earned Value Management System (EVMS) standards.” As the
October 11th AW&ST article reported—
Compliance
problems first came to light in 2007, when the Defense Contract
Management Agency (DCMA) found the Fort Worth site deficient in about
half of the 32 EVMS guidelines. … DCMA approved a corrective action plan
June 30, less than one month after the Pentagon recertified the F-35 to
move forward, despite an 80% cost overrun.
The AW&ST article quoted a Pentagon spokesperson as saying—
The
facility ‘continues to make inadequate progress against its corrective
action plan,” and decertification was ‘necessary due to lack of
progress.’ [The decertification] ‘will help ensure that Lockheed Martin
devotes the needed attention to complete the corrective action plan in a
timely manner. It also reinforces the responsibility the company has to
deliver to the government what it agreed to.’
The
AW&ST article also notes that DCMA permitted LockMart to conduct
its own internal EVMS review in 2009 instead of performing a full
re-audit of the system, because “it deemed a finding of compliance
unlikely.” The article reports that “about 200 Lockheed Martin personnel
are dedicated to EVMS,” but does not state whether that figure
represents personnel located only in Fort Worth, or if they are located
company-wide.
We have discussed our concerns with DOD’s evaluations of EVMS before. In our article
on the Missile Defense Agency’s program management issues, we noted
that 14 MDA programs were found by DCMA EVMS evaluators to be
“noncompliant” with EVMS standards—and yet the Government Accountability
Office (GAO) found that 12 of those 14 programs had program cost and
performance measurement data reliable enough for its audit purposes. We
quoted GAO as saying “We
reviewed the basis for the noncompliance and unassessed ratings and
determined that” the EVM data was reliable enough “for our purposes.”
Clearly, opinions differ regarding whether contractors have implemented
an adequate EVMS system that meets the standards of the 32 EVMS
criteria.
In a recent article
on this topic, Sandra Erwin wrote in National Defense magazine that the
root cause of Lockheed Martin’s EVMS woes might not be simply
ineffective management. She wrote—
“There
is enough blame to go around in industry and government,’ said one
industry source. … Contractors for years have complained to the Defense
Department that the government’s in-house EVMS skills base has degraded.
Over the past several decades, the popularity of EVMS has ebbed and
flowed, and so has the level of top management attention it has received
both in the public and private sectors, experts said. The Defense
Department’s newly created ‘PARCA’ office (Performance Assessments and
Root Cause Analyses) within the office of the undersecretary of defense
for acquisition is supposed to have an EVMS ‘policy czar’ on the staff,
but that position remains unfilled. … The ‘executive agent’ in charge of
overseeing EVMS since 1996 has been the Defense Contract Management
Agency. Several senior jobs in that shop also remain vacant, sources
said. … Well planned out, EVMS tells you ‘where your problems are going
to be. … But if you let the skills deteriorate, you get surprises.’
So
before anybody gets too upset at LockMart’s loss of EVM System
adequacy, consider whether the U.S. Government reviewers were being
objective in their review procedures. One source (the DOD Inspector
General) has recently accused DOD EVMS reviewers of failing to “demonstrate independence and objectivity in fulfilling its oversight responsibilities.” For our part, we are reserving judgment.
But before we move on, let’s note some positive news for the program. It’s not all doom and gloom.
-
On October 7, 2010, Israel signed a contract to purchase 20 JSF aircraft in a deal reportedly
worth $2.75 billion dollars. The deal reported includes an option that
would allow Israel to purchase up to 75 additional jets. The deal is
being funded by U.S. Foreign Military Sales (FMS) funds.
-
On October 8, 2010, Flight Global reported
that Lockheed Martin had received $13 million to incorporate a
“shipboard rolling vertical landing” (SRVL) capability into the STOVL
F-35B. The funding came from the U.S. Navy, but the work will be
performed on behalf of the United Kingdom. The SRVL capability will
reportedly “enable the F-35B to return to an aircraft carrier’s deck
carrying more weapons and fuel than possible when making a vertical
landing.”
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On October 11. 2010, a
Federal District Court judge dismissed a whistleblower “qui tam” suit
that alleged Lockheed Martin “followed unsafe and fraudulent practices
in developing flight control software for the F-25 joint strike
fighter,” according to this report. The case was dismissed with prejudice after LockMart filed a motion which argued that “the
case should be dismissed because Davis failed to present evidence of
specific acts of Lockheed or its employees making false claims.”
To
sum it all up, the program continues to experience challenges—as one
might expect of the largest U.S. defense program in the history of ever.
Despite the drama surrounding the program, it seems as if it is moving
ahead. Perhaps it is not moving as quickly as originally hoped-for, but
nonetheless it looks like progress is being made.
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