Why Can’t DHS Manage Its Programs?

Nobody is thrilled with the
seemingly inexhaustible supply of troubled Federal programs that are
both behind schedule and over budget. In current environment of severe budgetary
pressure, with a threatened taxpayer
revolt just a nut-case away from reality,
nobody wants to hear about acquisition mismanagement and/or program
execution failures. Yet the Government Accountability Office (GAO)
seems to be having no trouble finding such programs to review.
We have reported, many times, on problems with DOD programs.
(See, for example, this article.) We have
reported a few times on problems with NASA programs. (See, for example,
this article.) But we rarely report on
issues with Department of Homeland Security (DHS) programs, with only one
article on the topic to date. Well, all that
changes today, dear readers, as we now turn out attention to DHS and
discuss a recent GAO report addressing
fifteen (15) ongoing programs—of which all but one were experiencing
cost and/or schedule problems.
(The numbers
will get confusing in a second. Let’s clarify: GAO examined eighteen
(18) “major” DHS programs and 2 “nonmajor” programs, for a total of 20
programs reviewed. One of the 20 was found to be in a “pre-acquisition”
phase and was excluded from further analysis. Two of the 15 major
programs were found to have “incomplete schedule data” and were excluded
from certain analyses. Of the 15 major programs reviewed, only one (1)
was found to have zero cost growth or schedule delays.)
What did GAO find? We looked at the 92-page report and
immediately discounted the weak pats on the agency’s back, such as “DHS
continues to develop its acquisition oversight function,” and that the agency
“has begun to implement a revised acquisition management directive that
includes more detailed guidance for programs to use when informing
component and departmental decision making.” That’s the kind of stuff
auditors write just before they add “BUT” and stick the knife in deep.
We skipped the platitudes and went for the good stuff. Here’s the
bottom-line—
GAO found that of the 15 major
programs that had started acquisition activities, 12 reported cost
growth, and almost all programs reported schedule delays. DHS policy
requires acquisition oversight officials to assess the accuracy of
life-cycle cost estimates for all major programs estimated to exceed $1
billion and provides guidance for programs to develop life-cycle cost
estimates. The responsible DHS acquisition oversight officials have
raised concerns about the accuracy of cost estimates for most major
programs, making it difficult to assess the significance of the reported
cost growth. Further, over half of the programs GAO reviewed initiated
acquisition activities without approved key planning documents that set
operational requirements and establish program baselines. Programs also
experienced other acquisition planning challenges, such as staffing
shortages, and lack of sustainment planning, as well as execution
challenges related to technical capability, partner dependence, and
funding issues. … Of the 11 programs with acquisition cost growth, 8
programs reported cost growth of over 25 percent. … Fifteen of the
[eighteen] major programs we reviewed reported estimated or actual
schedule delays in delivery of initial operating capability of an
average of 12 months, and eight programs reported delays of a year or
more. Thirteen programs reporting data on delivery of full operating
capability indicated estimated delays of over 2 years on average. None
of the selected programs reported delivering full operating capability
for all increments.
Following are two examples of the
detailed program assessments found in the GAO report—
- Automated
Commercial Environment (ACE) (Customs and
Border Protection) – ACE is intended to “facilitate the movement of
legitimate trade, strengthen border security, and serve as the single
point of collection and access for trade data among federal agencies.”
Unfortunately, “the initial software releases delivered between 2003 and
2005 significantly exceeded their estimated costs” and “three remaining
software releases will not be completed as initially planned.”
Moreover, GAO reported that “program officials do not expect ACE to
deliver all initially planned capabilities.” What’s going on here? GAO
noted that the number of lines of software code increased from 1.26
million to 4.26 million. Hello, that’s an increase of 338 percent! How did that happen? “Program officials said requirements
growth and lack of requirements definition contributed to the schedule
delays and contract cost overruns.” GAO reported that the future of the
program is in doubt.
- Electronic
Baggage Screening Program (EBSP)
(Transportation Security Administration – EBSP is responsible for
“screening all checked airline baggage in the United States.” The
program relies on Explosive Detection System and Explosives Trace
Detector devices as its primary screening technologies. GAO reported
that the program’s total acquisition cost has increased from $11.36
billion to $15.32 billion, and that the program’s total life-cycle cost
estimate has increased from $19.93 billion to $23.7 billion, an increase
of nearly 20 percent. The program recently received $700 million in
ARRA (Recovery Act) funds. Despite the cost growth, “a substantial
portion of legacy equipment is now nearing the projected end of its
useful life” and needs to be replaced. Thus, the program will likely be
funded and will continue.
GAO didn’t
stop there. The report also discussed the issues that led to the cost
and schedule impacts. GAO opined that the following problems
contributed to DHS program problems—
- The responsible officials have raised concerns
that many programs used cost estimation methods that did not follow
established best practices, such as fully defining program requirements,
accounting for sustainment costs, and including costs for the full life
cycle of a program. As a result, officials have doubts about the
credibility, comprehensiveness, and accuracy of most program cost
estimates.
- Inaccurate or incomplete cost estimates were likely a factor in
cost growth for the programs we reviewed, according to DHS officials.
In some cases, programs reported that changes in scope or requirements
contributed to cost growth. Further, initial cost estimates for most
programs were developed after the start of acquisition activities, so
they do not capture earlier cost changes.
- The major acquisition programs we assessed
experienced similar planning challenges affecting cost and schedule
outcomes: unapproved or unstable baseline requirements; program office
workforce shortages; long-term support, and acquisition cost planning.
- Over half of the
programs we reviewed awarded contracts to initiate acquisition
activities without component or department approval of documents
essential to planning acquisitions, setting operational requirements,
and establishing acquisition program baselines. … 7 of 15 programs in
our review did not have approved baselines until 2 years or more after
program start. For example, the Secure Flight program did not have an
approved program baseline until over 4 years after program start, and
the TECS Modernization program did not have a component or department
approved baseline after more than 6 years. Most of the programs that
had established baseline requirements changed or plan to change them.
For example, seven programs with an approved program baseline changed
key requirements after their initial approval. An additional three
programs were revising baseline requirements, pending APB approval, at
the time we completed our review.
- Almost half of all programs reported concerns
over funding, although the nature and cause of those concerns varied
among programs. … For example, after DHS approved and funded the Automated Commercial Environment program, program officials
found that they did not have a full understanding of all requirements
and have experienced cost growth. Program officials said the future of
the program is dependent on departmental funding decisions. [In
addition] the Electronic Baggage Screening Program reported that annual
compliance costs and recapitalization expenses, when combined with
recurring programwide costs, have sometimes exceeded the budget. In
future years, program costs could grow significantly as cost estimates
are reassessed to include new requirements.
So
it turns out that DHS can’t manage its programs for the generally the
same reasons that NASA and DOD can’t manage their programs—i.e., a lack of rigorous initial definition of requirements
leading to scope expansion, a lack of executive approvals and/or buy-in
for program business cases and budget baselines, and uncertainty over
long-term funding. Sounds like the normal program management
environment to us.
And as we noted at the beginning of
this article, the current environment is unforgiving to the typical
excuses for “suboptimal outcomes”. We hope DHS gets its act together,
soon.
KC-X Aerial Tanker Update—The Russians Are Back!
When last we looked at this problem-plagued plane procurement, President Obama
and his Pentagon “indicated it would welcome” a bid from a foreign
manufacturer—which at the time everybody thought would be EADS. But
then a wildcard was introduced into the game, as a Russian aircraft firm
reportedly was gearing-up to offer a variant of the Illyushin-96
widebody jetliner, to be designated Il-98. We smirked, picturing the
face of Boeing executives, who had worked so hard to turn the
competition into a “low-price, technically acceptable” game in which
there was almost no chance for the other side to win—and forcing
Northrop Grumman to concede. Given the
huge gap in labor and material costs between the two entities, we opined
that there was essentially no chance for Boeing to beat the Russians on
price. The only way for Boeing to beat the Russians, and to secure
what has been called the largest Pentagon contract ever, would be to
change the game and, if that happened, there were many European nations
prepared to cry “foul”.
But almost immediately the reports
were denied, and the competition settled down to Boeing versus EADS.
But quite recently (July, 2010) reports surfaced that yet another bidder had entered the field—and this time it
was Antonov out of the Ukraine. Employing a strategy similar to that
reported for Illyushin, Antonov has executed an agreement to sell
through a Southern California.-based defense contractor, U.S.
Aerospace, Inc. According to the article at
AirForceTimes (link above)—
Under
terms of a “strategic cooperation agreement” signed July 1 in Kiev,
Ukraine, “final assembly” of an U.S. Aerospace-Antonov tanker would take
place on U.S. soil. Defense News obtained a copy of the agreement. The
American company would oversee that stage of production.
U.S. Aerospace would coordinate the bidding
process, negotiate with the Air Force, coordinate with subcontractors,
ensure conformity of aircraft to requirements of RFP for KC-X Tanker
Modernization Program,” according to the agreement.
Antonov would integrate components into the
aircraft, work with its U.S. partner on preparing the aircraft for
certification and testing, and “manufacturing and delivering to [U.S.
Aerospace] specified aircraft and components,” states the pact.
What is Antonov offering the U.S. Air Force? According to
that same article—
The source said U.S. Aerospace
and Antonov plan to enter the four-engine AN-124-100, and a two-engine
variant of that airframe known as the AN-122. In a further twist, the
U.S.-Ukrainian team plans to enter “a new plane designed to meet the
[KC-X] specs, dubbed the AN-112,” the source told Defense News. The
AN-112 would be, if eventually entered, the only plane in the race
designed specifically for the Air Force’s tanker requirements.
Bids were due to be submitted by July 9, 2010. But at least
one source has reported that the new bidder has requested a 60-day
extension in order to prepare its bid. As of this date, it is not clear
whether the Pentagon will agree to the extension.
This Reuters article notes that—
John Kirkland, a Los Angeles-based attorney for
U.S. Aerospace, [said] the [Antonov] team would offer the Pentagon a
‘dramatically’ lower price for a far more capable plane.
Kirkland said Antonov, maker of the world's
largest cargo planes, had modified an existing military cargo plane to
meet U.S. specifications. Unlike the commercial derivative planes
offered by rival bidders, the plane had a rear cargo door, a more stable
airframe, and could land on dirt runways.
(We
should note that Mr. Kirkland was also involved in the Illyushin bid as
well.)
Some commenters dismissed the tardy
bid as a “waste of time” (according to the Reuters article) because of
various issues—among them the financial troubles of U.S. Aerospace,
Inc. The company, which trades over-the-counter (as USAE), “reported a
net loss of $14 million in 2009,” according to Reuters. The article
also had this to say about the U.S. face of the Antonov team—
The company told investors in May it was in
default on several notes and had an accumulated deficit of $28 million,
which raised substantial concerns about its future unless it was able to
secure additional debt and equity financing.
It’s an old adage that, if the RFP is the first
time a bidder learns of an opportunity, it shouldn’t bother
bidding—because it has already lost. We wonder if the Antonov team
(including Mr. Kirkland) has heard of that adage, or believes it applies
to this situation. Time will tell.
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Reorgs and Layoffs as Defense Industry Prepares for New Budget Squeezes
We’ve been predicting this
situation for over a year, talking about DOD funding shortfalls and budget cuts at Federal
agencies, leading to a downturn affecting
the entire aerospace and defense industry. The future is now the
present, and A&D companies are making the necessary adjustments to
retain their market share in the face of industry challenges. As we reported in September 2009, some industry insiders expected company
leadership to be smarter about making downsizing decisions this time
around, hopefully having learned painful lessons from the last round of
cuts in the 90’s. In fact, we even noted
that a couple of defense companies (including Lockheed Martin) were
adding to their executive ranks under the assumption that an enhanced
focus on strategy, execution, and customer relationships would lead to
better results. We could go on, listing and linking to more articles on
this topic, but we believe we’ve made the point—times are getting
tough, and the tough times were predictable.
Companies continue to make adjustments in response to market
pressures, which now include a new DOD initiative to slash contractor overhead. In mid-June 2010, BAE Systems announced a reorganization designed for “better delivering our strategy
in an increasingly cost-conscious marketplace.” The reorganization
details were not provided but, as part of the realignment BAE reportedly
will close down its operating headquarters of Electronics, Intelligence
and Support divisions (EI&S) effective July 1, 2010.
In addition, Lockheed Martin announced on July 6, 2010 that it was “offering incentives to thin out
its executive ranks in a move to lower overhead costs” (according to the
Wall Street Journal article, link above). The WSJ article also reports
that—
‘Our customers are facing
increasing demands with constrained resources, and they're relying on us
to give them the very best value within these constraints,’ Chairman
and Chief Executive Bob Stevens said Tuesday. He specifically mentioned
recent comments by Pentagon officials regarding productivity and
cost-savings programs.
His
comments echo others he made recently about how the defense giant is
bracing for belt-tightening at the U.S. Department of Defense. The
company also has undergone a business reorganization and has cut back
its participation in international trade shows, and it plans to sell two
units.
The company is reportedly offering
Directors and Vice Presidents a “Voluntary Executive Separation
Program,” which consists of “financial incentives” if they leave the
company by February, 2011. While Lockheed Martin declined to specify a
target number of employees it hopes will accept the VESP incentives,
reports indicate that a reduction of 7 percent would not be out of line.
Meanwhile, DOD Comptroller Robert Hale said in a recent interview that “U.S. spending on weapons through 2016 likely will grow
faster than the overall defense budget, which will have annual increases
of only about 1 percent above inflation,” according to an article at
Bloomberg Businessweek (link above). The article reports that—
‘Procurement and research are in the ‘gaining’
portion of the budget,’ Hale said. ‘The goal would be to move money from
support-type activities -- operations and maintenance, military
construction -- into acquisition.’
The
foregoing was seen as “good news for defense contractors,” according to
one industry analyst quoted in the article.
What
is one to make of these seemingly contradictory statements—i.e.,
stating that overhead must be cut and programs must become more
“affordable” while concurrently stating that weapons spending (and
indeed the entire DOD budget) will continue to grow? Quite candidly,
readers of this site should have seen it coming. We reported that “current Defense budget levels are nearly double what they were a decade ago, even
after adjusting for inflation.” We also opined that, “if Obama Defense spending is reaching a
plateau, that plateau is at least 5 percent higher than recent history
in inflation-adjusted dollars.” We provided a link to a study by the
Project on Defense Alternatives (PDA) that probed the seeming
contradiction between real budget growth and the need for more budget.
One of the causal factors the PDA study mentioned was DOD spending per
uniformed service member, which had increased by nearly 50 percent per individual over the decade between 2000 and 2010.
The study reported that, “the increase was
enough to bring total personnel expenditures back up to Cold War levels –
for a military only 69% as large.”
To sum up,
it appears as if DOD spending—and not
contractor spending—is driving the need to develop weapon systems more
efficiently, and certainly less expensively, than has been the historic
norm. Whether that is possible or not remains to be seen. But in the
meantime, defense contractors are reorganizing and cutting overhead in
an attempt to be seen as part of the solution, rather than part of the
problem.
FAR Revised to Eliminate Profit on Cost of Direct-Charged Equipment
In August,
2009, we reported on a proposed FAR rule
that looked very much as if it would have required Contracting Officers
to exclude from profit consideration “all contractor-acquired property,
unless an item is expressly called-out as a contract deliverable,” when
establishing pre-negotiation profit objectives. Well, the final rule was published on July 2, 2010 and, while it contained some
changes from the proposed rule, it still contained some troubling
language.
First, as we noted in our article,
the location of the proposed profit language seemed illogical. We were
pleased to note that the FAR Councils relocated the profit language from
15.404-4(a)(3) to 15.404-4(c)(3).
Several
commenters disagreed with the elimination of profit on
contractor-acquired property. The FAR Councils heard the objections and
modified some aspects of the proposed rule. But they left intact the
elimination of profit/fee on items that the contractor acquires, where
those items are not part of a deliverable.
The
final rule now states—
15.404-4 Profit.
* * * * *
(c) * * *
(3) * * * Before applying profit or fee
factors, the contracting officer shall exclude from the pre-negotiation
cost objective amounts the purchase cost of contractor-acquired property
that is categorized as equipment, as defined in FAR 45.101, and where
such equipment is to be charged directly to the contract. * * *
The term “equipment” is defined as—
Equipment means a tangible item that is
functionally complete for its intended purpose, durable, nonexpendable,
and needed for the performance of a contract. Equipment is not intended
for sale, and does not ordinarily lose its identity or become a
component part of another article when put into use. Equipment does not
include material, real property, special test equipment or special
tooling.
Why did the FAR Councils take this
approach? As they wrote in the promulgating comments—
While the application of this policy tended to be
obfuscated by the term ‘facilities,’ the underlying principle was
clear--that when the contractor buys equipment or acquires real property
on a ‘pass through’ basis, i.e., when not part of a deliverable, it is
the Government--not the contractor--who assumes the risk. Moreover, it
is generally held that upon contract award, contractors are required to
furnish all property necessary to perform Government contracts (FAR Part 45.102) as well as all
the necessary resources needed for contract performance (FAR 9.104-1(f),
General standards).
Accordingly, it is not appropriate for the Government to include the
cost of contractor acquired property (equipment) when calculating the
Government's pre-negotiation profit or fee objective. Including such
costs would unduly compensate the contractor for obtaining equipment it
should already have; and for risks it did not
incur. This is a long held view; however, up until the publication of
the proposed rule FAR Case 2008-011, it had not been adequately
addressed in the
FAR.
This policy does not exclude the otherwise
allowable cost of depreciation under FAR 31.205-11.
Accordingly, contractors now have a clear disincentive to
direct-charge costs of purchasing equipment to their Government
contracts. Instead, we should expect them to include such costs in
their overhead rates, as depreciation. However, given DOD’s recent emphasis on curbing contractor overhead, this strategy has its own
pitfalls.
The new rule contains much more
than the policy statement noted above. But this is the one that caught
our eye. Interested readers should follow the link above and review the
multi-faceted rule in its entirety.
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