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Apogee Consulting Inc

Fraud, Fraud, Everywhere is Fraud

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(With apologies to the Five Man Electrical Band)

This article in the Journal of Accountancy explores why people commit fraud. According to the article, a 1980’s-era study found that “an astonishing one-third of employees actually had stolen money or merchandise on the job.” The article asserts that the “fraud triangle” is composed of three factors: Pressure, Rationalization, and Opportunity. One theory is that the more dissatisfied the employee, the more likely he or she is to engage in criminal behavior. Another theory is that when personal financial pressure meets an opportunity to commit and conceal a crime, and the offense(s) can be rationalized as something other than criminal activity—then fraud, corruption, and other criminal activity occurs.

According to the article—

The lesson in these stories is that fraud does not occur in isolation. All crime is a combination of motive and opportunity. The opportunity to commit fraud is typically addressed through internal controls—if the proper checks and balances exist, it is more difficult (though still not impossible) to defraud an organization. …

The body of research into why “good” employees turn to fraud can be distilled into at least two important concepts. Employees and executives who feel unfairly treated sometimes believe they can right the scales by committing occupational fraud and abuse. Workplace conditions are therefore a major risk factor in predicting fraud. Also, employees faced with embarrassing financial difficulties pose a significant problem. The simple moral to the auditor is to pay attention to what goes on outside the books, too. So while you’re looking at the numbers, keep one eye and both ears open for disgruntled or financially strapped employees. It may mean all the difference in detecting fraud.

Frequent readers of this site may have noticed a penchant to report on stories of fraud, bribery, false statements, theft of government property, and other corrupt actions within the public procurement process. Although it is “conventional wisdom” that many government contractors are crooks, a perusal of articles on this site shows that there are as many corrupt government employees as there are corrupt government contractors. If one believes the now thirty year-old study referenced in the above article, then perhaps as many as one-third of government employees might be corruptible—especially when opportunity and rationalization meets personal financial pressure.

The foregoing is simply prologue to yet more stories of corruption. ** Sigh. ** Here are three stories that recently came our way.

First, here’s a Washington Post story about John Alfy Salama Markus, also known as John Salama. Markus, who was allegedly “a soldier in Iraq” where he was awarded a Purple Heart and Bronze Star, before becoming a project engineer for the U.S. Army Corps. of Engineers (USACE). According to the article—

Markus faces charges of conspiracy to defraud the United States and money laundering. The money laundering count carries a 20-year maximum prison sentence. … The complaint alleges Markus took bribes from Nouri in exchange for providing confidential information to [Ahmed] Nouri's company, Iraqi Consultants & Construction Bureau, about bidding negotiations on certain projects.

Markus also allegedly steered Army Corps of Engineers projects to Nouri, including a $6.25 million project to enhance security at the Bayji Oil Refinery in central Iraq for which Markus allegedly received at least $200,000 in bribes.

Citing Army Corps of Engineers records, the complaint alleges four more contracts were awarded to ICCB in the summer of 2007 totaling approximately $6.3 million. For those projects, Markus allegedly sought $550,000 in bribes.

The [complaint] alleges Markus deposited the bribes in bank accounts in the Middle East and in the U.S. and used the money to build a $1.1 million house for himself and his wife in Nazareth, Pa. They had previously lived in Belle Mead, N.J.

Second, let’s talk about property control. Control of Government Property is important, and so is control of company-owned inventory and material. Theft of Government property is a fairly serious issue and we’ve reported before on people who thought they were merely stealing company-owned inventory—only to realize that the stuff they took actually belonged to Uncle Sam. Sadly, we have another similar story to share today. Here’s a Department of Justice press release that announces a guilty plea by Annapolis resident Levon Smith, an employee of AAI Corporation (a Government contractor). Mr. Smith pleaded guilty to “theft of government property in connection with a scheme to steal and sell over $340,000 worth of copper cables and other government property used in foreign military operations.” According to the press release—

from March 2008 to November 2009, Smith was a Senior Material Control Analyst at AAI Corporation, located in Hunt Valley, Maryland. AAI provides innovative aerospace and defense technologies, including unmanned aircraft to the U.S. government and other entities. …

The U.S. government purchased remote vehicle terminal cables and copper cables for AAI to install in U.S. property, including unmanned aerial vehicles (drones) used in foreign military operations. The United States government stored these drone cables at AAI buildings in Hunt Valley. On more than 40 occasions from June 2008 to October 2009, Smith removed cables and other U.S. property from the AAI buildings, including replacement parts for the drones operated by the U.S. military.

Smith took the stolen cables and property to a recycling company located in Rosedale, Maryland, presented an expired Arizona driver’s license and sold the stolen materials at scrap metal prices. Smith stole approximately $340,000 worth of government materials and received approximately $22,000 from the recycling company.

Think that’s a petty issue? Well, if you’re expecting to build a UAV but you don’t have the materials you need, that’s a problem—not only for the company but also for the warfighters who need their UAVs in the field.

For our finale, though, we have an even more mundane issue. Here’s a Department of Justice press release that discusses false claims associated with postage. You might think that it would be tough to rack up of any serious dollar issues about postage, but you’d be wrong. According to the DOJ—

California-based companies Quicksort Inc., Quicksort LA Inc. and Quicksort Sacramento Inc. have agreed to pay the United States $4.2 million to settle allegations that Quicksort violated the False Claims Act by falsely representing the level to which it had pre-sorted mailings in order to obtain discounted postage rates from the U.S. Postal Service. … The U.S. Postal Service offers lower postage rates to mailers who automate and sort their mail by zip code because these steps save the Postal Service time and money. Mailers use the services of businesses such as Quicksort that combine the mail of many customers and pre-sort it in order to qualify for the pre-sort discounts. After processing customers' mail, these pre-sort businesses present the mail to the Postal Service for mailing.


We started off by inquiring why people commit fraud and other corrupt actions. We reported that opportunity to commit and the ability to rationalize the action(s) need to be present. We noted job dissatisfaction and difficult working conditions as red flags—as was personal financial pressure. As you read over the three stories above—discussing common bribery, theft of property, and misreporting of data to obtain a financial advantage—we recommend you think about what conditions might have been present and whether there were any red flags (or other signs) that might have alerted leadership to the wrongdoing. Naturally, we don’t have all the facts and can only speculate, but we believe the thought experiment to be worth performing.

Next, consider your own business or working environment. What red flags do you see around you? What signs point toward a possible confluence of motive and opportunity?  And, more importantly, what are you going to do about them?


 

 

 

 

 

 

 

 

 

 

 

Oh My God—It’s Full of Fraud!

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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

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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, 2010A 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

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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

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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.”

  • 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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Newsflash

Effective January 1, 2019, Nick Sanders has been named as Editor of two reference books published by LexisNexis. The first book is Matthew Bender’s Accounting for Government Contracts: The Federal Acquisition Regulation. The second book is Matthew Bender’s Accounting for Government Contracts: The Cost Accounting Standards. Nick replaces Darrell Oyer, who has edited those books for many years.