The Post-1998 Defense Spending Surge: Can We Do More with More?
On January 18, 2010, Defense-Aerospace.com carried an interesting story, which was really a lead into an analysis of Defense spending over the past decade by the organization, Project on Defense Alternatives (PDA), which is policy think-tank associated with The Commonwealth Institute. The PDA report, entitled “An Undisciplined Defense Understanding the $2 Trillion Surge in US Defense Spending,” is a copyrighted report. Because it’s copyrighted, we’ll avoid too much cut-and-pasting, and stay within “fair use” limits—even though the entire report can be downloaded from here.
Why
consider an analysis from some policy wonk that may well have a
political axe to grind? Well, for starters, every forecast of
near-term defense spending seems to point to a flat—or even
declining—budget, which has obvious implications for Defense
contractors. We’ve posted a number of articles on the tightening
budgetary environment (for example, here),
but this report struck us as exceedingly (almost painfully) detailed.
Detail is good. Detail creates credibility. So even if the author is
biased—and we have no reason to suspect he is—the detail in the report
is worth examining.
The Defense-Aerospace.com story notes that, in 1998, DOD’s budget was $361.5 billion. (Note: all values in this article are 2010 equivalent US Dollars—i.e., adjusted for inflation. We’ll omit references to 2010 equivalency in our quotes.) As the article reports, “If
we treat the 1998 budget level as a “baseline” and project it forward
to 2010 (adjusting for inflation), we find that the total amount of
funds that have been given to DoD above this level during the years 1999-2010 is $2.15 trillion.” The article continues—
The
rebound in annual defense spending reached its recent peak in 2008:
$696.5 billion – which is 92.7% above the 1998 level. The portion
unrelated to contingency operations (the so-called ‘base’ budget) was $503 billion that year – which is 41% higher in real terms than in 1998. Total DoD
budget authority receded slightly in 2009 and 2010. But it now seems
likely that 2011 will set a new high – somewhat over $700 billion in DoD’s authority to spend.
In other words, current Defense budget levels are nearly double
what they were a decade ago, even after adjusting for inflation.
Ignore the reasons why that is for a moment, and dwell on the fact that
the Pentagon is currently spending at twice the rate it was ten years
ago. And for giggles, remember that it is spending at these levels
while having cut back significantly on DCMA contracting officers,
Contracting Officer Technical Representatives, Quality Assurance
Specialists, and DCAA auditors. It is any wonder DOD program execution
is under fire?
The article (and the PDA report) uses that historical perspective to assess the near term Defense budget horizon. As the article reports—
Looking forward, the Obama administration’s 2010 budget plan allocates an average of $545 billion per year to the DoD
base budget for 2011-2017. In addition, it set aside a “place keeper”
sum of $50 billion per year for military operations, recognizing that
actual war costs will vary. (And, indeed, the Pentagon already is
expected to request at least $163 billion for contingency operations in
2011.) … All told, the Obama administration plans to spend at least $5
trillion (2010 USD) on defense during 2010-2017, which is 5% more in
real terms than the Bush administration authorized for 2002-2009.
If Obama
Defense spending is reaching a plateau, that plateau is at least 5
percent higher than recent history in inflation-adjusted dollars. So
where is the budget squeeze coming from? The PDA report suggests
that one source is the sheer expense of the current war. As
Aerospace-Defense.com reports, “Measured in 2010 dollars, the Korean
conflict cost $393,000 per person/year invested; the Vietnam conflict
cost $256,000; and the Iraq and Afghanistan commitments, $792,000 so
far.”
Another metric reported in the PDA analysis is DOD spending per uniformed service member. According to the analysis, “For
2007-2010, [DOD budget authority] averaged $459,000 per full-time
person in uniform. This is 78% higher than the Reagan peak, 95% higher
than in 1989, and nearly three times the inflation-adjusted peak during
the Vietnam era.” In addition, “During the 20-year period 1981-2000,
budget authority for personnel varied by only a few percent around an
average of $73,200 (2010 USD) per person.
It then rose by 46% between 2000 and 2010. The increase was enough to
bring total personnel expenditures back up to Cold War levels – for a
military only 69% as large.”
The
report discusses a number of other factors that drive Defense budgetary
spending, from the all-volunteer force to the increasing reliance on
contractors to support operations. As the report notes, “between 1989 and 2005, the pool of DoD contract labor has grown more than the pool of uniform and civilian employees has declined.”
To
conclude, this seems to us to be a worthwhile analysis that provides
good insight into how the Defense budget got to where it is today, and
also provides some clues regarding where it may be going in the
future. We encourage interested readers to read it in detail.
Pentagon Examines “Points of Failure” in Defense Industrial Base
The January 2010 edition of National Defense magazine carried an interesting article discussing the Pentagon’s Industrial Policy Directorate,
and its new emphasis on anticipating financial failures by critical
suppliers in its supply base. According to the article, which related
an interview with Director of Industrial Policy (IP) Brett Lambert, the
IP team “does not plan to be an advocate for industry but rather to
engage in a closer dialogue with the private sector so the Pentagon is
better informed about the financial health of critical suppliers.” The
article reported that Lambert said the new emphasis “will help the
Defense Department anticipate ‘points of failure’ in the supplier base
and save taxpayer dollars by avoiding costly rescues of failing
companies.”
The
article reports that, unlike the prior focus on the health of the
largest prime contractors, today the Pentagon is concerned about the
financial standing of “smaller companies in the lower echelon of the
supply chain.” According to Lambert, “What we are seeing increasingly
is that all primes rely on a single source, or point
of failure, that is down in the second, third or fourth tier … I
believe we don’t have adequate insight into those critical
subcomponents.”
The article notes that “The Pentagon’s own contracting databases only
capture information about the top-tier industrial base….”
Welcome
to the club Mr. Lambert. At Apogee Consulting, Inc., we have been
preaching this philosophy for quite some time. Let’s restate the issue
and our point of view for clarity:
1. In
today’s aerospace/defense environment, where up to 80 or 90 percent of
program execution has been outsourced to external suppliers, program
execution risk is found in the supply chain and managing that risk is
inextricably tied to managing supplier performance. In other words, 21st century program management is not significantly different from supply chain management.
2. Most
primes delegate supply chain management, and supply chain risk
management, to a separate silo—the same silo that sources, evaluates,
and awards subcontracts. That’s a recipe for failure.
The skill set in acquisition management is not the same as that
necessary for program management. At a minimum, the priorities are
different and the technical emphasis is different.
3. Most primes hold their 1st tier subcontractors responsible for lower tier supplier execution. Most 1st tier contractors hold their 2nd tier suppliers responsible for lower tier supplier execution. And so on ad infinitum. This
is again a recipe for failure, because execution risk cannot be
transferred and always resides, ultimately, with the prime
contractor—who is responsible for program execution regardless of what
some lawyer thinks.
4. Despite
the foregoing, most companies engaged in program management fail to
devote sufficient resources and budgets and management attention
towards supply chain management. Most companies don’t know their
program supply chain and, if challenged, cannot produce any written or
graphic description of a single program supply chain—let alone map
multiple program supply chains to identify where a common supplier
exists between programs. Those common suppliers are both opportunities
(in terms of establishing long-term alliances) and risks (in terms of
single points of failure for multiple programs), yet companies almost invariably have made no effort to identify them.
5. Those
critical few suppliers that support multiple programs must be
identified, because they represent risk to multiple (and now
interdependent) programs. Once identified, they must be evaluated for
financial health, and contingency plans must be created so that, if one
of those suppliers ends defense production or enters bankruptcy,
impacts on the multiple programs will be minimized
or mitigated completely. We know of no single company that is making
this effort in a rigorous manner that befits the true risk to program
execution.
The National Defense
article also notes that the Defense IP Directorate is concerned about
loss of critical skills during the upcoming defense spending downturn.
(About which we’ve also written about many times.) Lambert is quoted
as saying, “we are focused on preserving skills necessary to support
our war fighters in the near term and long term.” However, he cautions
that skills are not jobs, and (according to the article) suggests that
“debates about critical skills are biased toward white-collar
positions.”
As
if in evidence of the Defense Department’s awareness of the need to
preserve critical skills, we noted that on January 15, 2010 a $93.4
million contract was awarded by the Defense Logistics Agency to AM General LLC. The contract was a fixed-price, sole-source award made without competition, and it was awarded to AM General “in support of HMMWV industrial base requirements.” In other words, the award was made so that AM General’s suppliers would be able to keep their Humvee production lines open and to delay layoffs associated with the declining need for new vehicles.
As the National Defense article reports, “When military orders go down and it becomes unprofitable to make defense-unique
components … firms may decide to end production of those items. Other
subcontractors may go out of business altogether because of declining
orders.” Lambert is quoted as saying, “When we terminate programs, the
cascading effects on the lower tiers can be catastrophic.” And, we
would add, because certain lower-tier suppliers supply multiple
programs, ending one program may create unintended consequences for
many others.
The
DOD finally appears to be recognizing some of the risks embedded in its
industrial base, and the article reports that “Lambert’s office will be
reaching out to CFOs of prime contractors to gain access to their
subcontractor data.” Little does he know that the primes will have
little, if any, data to provide his office.
And that fact should frighten many people in the Defense Industrial Policy Directorate.
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Praise the Lord, and Pass the Ammunition
It’s
no secret that some companies put “hidden” biblical messages on the
products they sell. Alaska Airlines places a Bible scripture card
under every meal tray it serves to passengers.

Forever
21 reportedly puts “John 3:16” on its bags. Perhaps better known is
the tradition of In-N-Out Burgers, who put several bible verses on
their wrappers. The authoritative snopes.com states that—

· Soda cups bear the notation John 3:16
· Milkshake cups list Proverbs 3:5
· Hamburger/cheeseburger wrappers show Revelation 3:20
· The “Double-Double” wrappers list Nahum 1:17


More
recently, news outlets reported that a Michigan-based defense
contractor has been including similar biblical “codes” on high-powered
rifle sights that it sells to the Defense Department. According to ABC News, Trijicon has a $660 million multi-year contract to provide Advanced Combat Optical Guides (ACOG) to the Marine Corps. and U.S. Army. ABC News reports—
One
of the citations on the gun sights, 2COR4:6, is an apparent reference
to Second Corinthians 4:6 of the New Testament, which reads: "For God,
who commanded the light to shine out of darkness, hath shined in our
hearts, to give the light of the knowledge of the glory of God in the
face of Jesus Christ." Other references include citations from the
books of Revelation, Matthew and John dealing with Jesus as "the light
of the world." John 8:12, referred to on the gun sights as JN8:12,
reads, "Whoever follows me will never walk in darkness, but will have
the light of life."
The
company spokesman noted that the biblical citations “have always been
there” and said there was nothing wrong or illegal about them. Others
aren’t so sure. The story reports Mikey Weinstein of the Military Religious Freedom Foundation as saying, “It's wrong, it violates the Constitution, it violates a number of federal laws." In
addition, Weinstein noted, “It allows the Mujahedeen, the Taliban, al
Qaeda and the insurrectionists and jihadists to claim they're being
shot by Jesus rifles." He added, “This is probably the best example of
violation of the separation of church and state in this country."
Putting
aside Mr. Weinstein’s hyperbole, it is not clear if there is anything
that the DOD can do about the situation, at least retroactively. Once
the ACOGs have been inspected and accepted, only a “latent” defect can
allow the sights to be returned. A “latent” defect is a “defect that
existed at the time of acceptance but would not have been discovered by
a reasonable inspection.” In order to show a latent defect, the
Government must prove that the defect existed at the time of final
acceptance, it was hidden from knowledge as well as sight, and could
not be discovered by the exercise of reasonable care. If the defect
was discoverable by a reasonable inspection, it is “patent” and not
“latent” and thus the Government is bound by its inspection and
acceptance of the goods.
Given
that the biblical “codes” were in plain sight and had “always been
there” we think the Government would have difficulty proving they were
a latent defect. On the other hand, there is nothing that would
prevent the DOD from revising the ACOG specifications to eliminate
unnecessary markings. Were the Government to take that action, then Trijicon
would have to change its tooling and machining operations to eliminate
the step of creating the markings—and it would be able to pass on any
increased costs that resulted from the change back to the Government
pursuant to the Changes clause in its contract.
There
is also the question as to whether these sights are uniquely designed
for military use, or are simply commercially produced sights that could
be used for star-gazing, bird-watching, or what-have-you. If the DOD
acquired these sights under a FAR Part 12 “commercial item acquisition,” then it may have little or no recourse whatsoever.
DOD Proposes Changes to Contractor “Business Systems” Administration and Oversight
On
January 15, 2010 the DOD published a proposed rule in the Federal
Register that announced several significant changes to the way it
intends to exercise oversight over contractor “business systems.”
Readers of this site will likely experience some feelings of déjà vu as they scan the proposed DFARS rule changes.
The linkage of the proposed rule to the activities of the Commission on Wartime Contracting in Iraq and Afghanistan is obvious. We’ve posted several articles on the CWC, notably here and here.
It was the CWC that used the phrase “contractor business system”
instead of the term of art “contractor internal control system.”
Apparently, the DAR Council has decided to adopt that phrase.
Moreover, the first sentences of the background of the proposed rule come directly, word for word, from the CWC’s first Special Report, which can be found here. (“Contractor
business systems and internal controls
are the first line of defense against waste, fraud, and abuse. Weak
control systems increase the risk of unallowable and unreasonable costs
on Government contracts.”) Obviously, the proposed rule needs to be understood in the context of the past months’ drama that has played out in that forum.
There are some positive aspects of the proposed rule.
· Reduces
the number of “business systems” subject to oversight by the DOD, from
ten to six. The six business systems are: (1) Accounting, (2) Earned
Value Management, (3) Estimating, (4) Material Management and
Accounting (MMAS), (5) Property Control, and (6) Purchasing.
· Establishes
in the regulatory framework system adequacy standards, thus moving
control of system adequacy determinations from DCAA to DCMA contracting
officers.
· Requires
DCAA to issue audit reports to the DCMA contracting officers “in
sufficient detail to allow the contracting officer to understand what
the contractor would need to correct to comply with the applicable
standard or system requirement, and the potential magnitude of the risk
to the Government posed by the deficiency.”
There are some less-than-positive aspects of the proposed rule.
· The
rule notes the cooperation necessary between DCAA auditor and DCMA
contracting officer, yet it provides essentially no details regarding
how that cooperation is to work. For example, the proposed rule says
“The ACO, in consultation with the auditor, shall (1) approve the
[estimating] system …” but does not describe how that consultation is
to work in actual practice.
· The
rule provides for payment withholds for system deficiencies, up to 50
percent of the contract value—which we would consider to be punitive in
nature. Moreover, if the ACO determines “that there are one or more
system deficiencies that are highly likely to lead to improper contract
payments being made,” then “the ACO will withhold up to one-hundred
percent of payments….”
· Payment
withholds can be made against performance-based payments. PBPs are, by
Congressional intent and DOD implementation, not supposed to be tied to
business system adequacy.
The
proposed rule affects numerous parts of the DFARS and implements
several new contract clauses. Readers are encouraged to review the
proposed rule in detail. It can be found here.
DOD
is seeking comments on this proposed rule. In addition, DOD is seeking
comments on the information collection requirements associated with
it. The promulgating comments state—
DoD
invites comments on the following aspects of the proposed rule: (a)
Whether the collection of information is necessary for the proper
performance of the functions of DoD,
including whether the information will have practical utility; (b) the
accuracy of the estimate of the burden of the information collection;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
information collection on respondents, including the use of automated
collection techniques or other forms of information technology.
Comments
must be submitted before March 16, 2010. Comments may be submitted via
email or USPS; details are found in the proposed rule.
This
rule, if implemented as written, will likely have a significant impact
on how contractors approach compliance and how they implement
governance and control systems. Because of this potential impact, we
encourage all Federal contractors to submit comments to the DAR Council.
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