DOD Issues New Guidance on Government Property
On January 11, 2010 the Defense Department issued two pieces of internal guidance focused on enhancing practices used to account for property
in the possession of the DOD and its contractors. This issue is
important to the DOD because the Pentagon has, historically, been
unable to fully account for its property—which has led to a continuing
inability to obtain “clean” audit opinions on its financial
statements. Thus, anything the DOD can do to enhance controls and
accountability for property is a significant step forward for the
Department.
The first guidance document, simply entitled “Government Furnished Property (GFP),” discussed the management of DOD property used on in contract performance—i.e., furnished to contractors. The
guidance document opines that “Although contract property policy and
oversight has been the target of significant reform over the past ten
years, there is still room for improvement.” The
document reminds DOD personnel that the primary means for
identification and tracking of GFP is the Unique Item Identifiers (UII)
“in transaction-derived data from electronic business transactions.” To
execute the policy, “electronic transactions” will be used to transfer
GFP, both in the transfer of property to contractors and in the return
of that property back to the DOD. All transactions will “cite a
contract number under which the property is or was accountable for
stewardship.” For non-UII’d property, the Pentagon will be
establishing a “GFP Hub” that will be used to better track the items,
until guidance is finalized in the Defense Federal Acquisition
Supplement (DFARS).
The document notified DOD recipients that an overall CONOPS (CONcept of OPerationS) is being developed for “a DoD GFP Business Environment.” The document stated that “In the target environment – 2011 and beyond – the DoD
GFP Business Environment must have strong internal controls and
oversight practices, which are governed by an interoperable, open
architecture that enables a single-face to industry, and with the DoD IUID Registry and GFP Hub forming the cornerstone of GFP reporting.
The second guidance document discussed Contractor Acquired Property (CAP), which was
defined as “property acquired, fabricated, or otherwise provided by the
contractor for performing a contract and to which the Government has
title.” The document reiterated a 2007 business rule that stated “that although title passes to DoD when the property is obtained by the contractor, the property will not be recorded on DoD financial statements (as other than construction in process) or in accountability systems until the property is delivered to DoD.” The guidance discourages the establishment of separate accountability records by DoD,
stating that doing so is “an inefficient practice” that results in
duplicate property records. Problems can be avoided if the contractor
property records are used until the CAP is delivered to the DOD, at
which time the appropriate accounting entries will be made on DOD’s
general ledger.
As we’ve noted before, “Some people lead happy, productive lives, have successful careers, and never have to deal with Government property issues.”
It’s not a fun topic. But in the world of Defense contracting,
compliance with Government Property rules is mandatory. As the two
guidance document show, it’s also an important compliance area for the
Department of Defense.
More Reorgs in Process
Our
goal here at Apogee Consulting, Inc. is to post one article per working
day, roughly five a week, of a length between 500 and 1,000 words,
discussing one aspect of the Federal contracting business. Sometimes
we get asked where we find the time, other times we get asked where we
find the news items. With so much happening all the time in this crazy
business, and so much to keep on top of, it’s not hard to find stuff to
write about—trust us on that. Our news sources are as diverse as the
industry itself, and include specialized sites devoted to Government
contracting or to general auditing/accounting, as well as “mainstream
media” sites. We are working right now on a “Links” page that will
give our readers opportunities to search out updates on their own.
But it’s not all stories lend themselves to one post. This article catches up on several items we’ve mentioned before.
We’re discussing, once again, the recurring theme of aerospace/defense
companies restructuring and reorganizing in response to the current—and
near-term—forecast, of flattening defense budgets.
We’re not the only ones looking at all the changes in aerospace/defense company executive ranks and organization structures. Aviation Week & Space Technology had a piece on it a few weeks ago. But we’re looking at the changes, and reporting them here and here (for example). In this article,
we asked which companies were pursuing the better strategy, those that
thinned executive ranks to cut costs or those that augmented executive
ranks to drive quality and customer satisfaction. More recently, we discussed changes that a number of companies were making. After we sent that article to the presses, Boeing announced “organization and leadership changes” to its Integrated Defense Systems (IDS) segment.
First,
Boeing announced a name change. Effective immediately, IDS will now be
known as “Boeing Defense, Space & Security (DSS). DSS will also eliminate two operating units. The new DSS structure will include four units, including:
· Boeing Military Aircraft (BMA)
· Global Services & Support (GSS)
· Network & Space Systems (N&SS)
· Within the N&SS unit, Boeing DSS will create the Network & Tactical Systems (N&TS) division, which will include the former Combat Systems unit and the Command, Control & Communications Networks unit
In addition, the company announced multiple reassignments within its executive ranks.
Why is Boeing making the organizational changes? According to the Boeing press release—
In announcing the changes, Boeing Defense, Space & Security President and CEO Dennis Muilenburg
said the realignment is part of a continuing effort to successfully
compete in a rapidly evolving global defense and security marketplace. Muilenburg
said that reshaping the unit positions Boeing for further growth in new
and adjacent markets while continuing to serve existing defense and
space customers.
‘Boeing
anticipated flattening defense budgets and shifting customer priorities
for the past few years and has been taking aggressive steps to position
the company for profitable growth in a challenging economy,’ Muilenburg said. ‘In
the past 18 months alone, we have acquired seven companies to enhance
existing capabilities, expanded Boeing's services business, and created
new divisions -- like Unmanned Airborne Systems -- to directly and
rapidly respond to our customers' emerging priorities.
‘With
these latest strategic moves, we can extend our core programs even as
we enhance Boeing-wide capabilities designed to capture business in
promising markets in the United States and around the world, including
cyber-security, energy, intelligence, C4ISR and logistics,’ Muilenburg said.
Almost at the same time, Lockheed Martin issued a press release announcing that it was reorganizing its Electronic Systems business area, by consolidating the
Maritime Systems & Sensors and the Systems Integration-Oswego
business units into the new Mission Systems & Sensors unit.
According to the press release, “As a result of the anticipated
synergies and efficiencies the combination will bring, the company
expects to eliminate approximately 1,200 U.S. positions from the MS2
business. Affected employees will be notified by early April.”
The
press release continued, “’The new MS2 reflects our goal to drive
performance excellence with a keen focus on affordability in everything
we do,’ said Orlando P. Carvalho, president of MS2.
‘We recognize the challenges our customers face and are making every
effort to improve efficiencies that enable unparalleled service at the
right price.’"
More news from other aerospace/defense companies to follow in the near future, we’re sure.
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Supply Chain Risk Management – What Not to Do

The
January 4, 2010 edition of Aviation Week & Space Technology carried
an interesting story called “Tactical Retreat,” that discussed the
Boeing 787 supply chain. We’ve discussed this issue before—notably here—and
linked to an article that described Boeing’s supply chain as a
“nightmare” in which “individual suppliers [ ] maximize their own self
interest at the expense of the program’s objectives. In the 787 supply
chain, ‘a complicated array of companies share the risk and the profits
of the new airliner. That means financial burdens will inevitably shift
up and down the line as each company protects its own interest.’” In
other words, rather than forge true partnerships with its suppliers,
Boeing created an environment where risks were pushed downwards in the
supply chain, and each supplier was on its own with respect to performance.
It
was a Darwinian environment. Instead of reinforcing its supply chain
to ensure performance, Boeing created a situation where each individual
link in the chain was stressed. Inevitably, some of the links were
bound to fail. We noted in this article that companies connected to Boeing supply chains underperformed their peers. Finally, the 787 supply chain snapped. Vought was the first to go—as we reported here—but perhaps not the last. Boeing reportedly paid out somewhere between $400 million and $1 billion in order to buy out Vought’s South Carolina manufacturing plant, and then paid an undisclosed sum for the Alenia North America portion of Global Aeronautica’s subassembly facility at the same plant. (In 2008 Boeing bought out Vought’s share of Global Aeronautica in a separate transaction.)
Although
there is likely strategic value in the purchase, the bottom line is
that Boeing has paid out hundreds of millions of dollars in order to
internalize its external supply chain.
As the AW&ST article states, “Boeing’s [South Carolina] acquisition
… gives the company control of a crucial link in the troubled 787
supply chain as it moves to ramp up production….” The article recounts that Global Aeronautica was “a cornerstone in Boeing’s strategy to outsource major pieces of the 787,” but was “ultimately an example of how that strategy was too far of a reach.”
If
there is one axiom of modern aerospace & defense supply chain
management, it is this: execution risk cannot be transferred from one
part of the supply chain to another. Regardless of which entity
performed the work, Boeing ultimately was responsible for its aircraft.
The
AW&ST article quotes one union member as saying that Boeing’s
“attempt to spread the 787’s development risks and costs across the
supply chain actually made the company more vulnerable” to performance
problems. We agree with that assessment. By treating each supplier as
an individual entity without properly acknowledging the interdependence
of the supply chain—and its ultimate dependence on each supplier at
whatever tier—Boeing
put its program at risk. In the final accounting, the 27-month delay
in the 787’s first flight is not the fault of any individual supplier;
instead, it is the result of Boeing’s mismanagement of its program and
its program supply chain.
As
the article notes, Boeing paid the price for its mismanagement. The
union member is quoted as saying, “Rather than saving money, Boeing has
become the reinsurer of its supply chain and has in fact had to buy
outright or loan money to different suppliers to keep its outsourcing
model from failing.” The article reports that part of the Alenia deal “addresses Alenia’s demand to be compensated for costs related to the 787’s schedule slips,” among other things. Alenia
is not alone. The article states (without providing specifics) that
other 787 suppliers have submitted financial claims for the repeated
program delays. An industry analyst is quoted as describing the
situation as a “logjam” of supplier claims.
Such
claims take time away from program execution, of course, exacerbating
an already delicate balance of cost, schedule, and execution. Time spent reviewing and negotiating claims is time that is not being spent managing program performance.
We’ve
heard time and again that implementing long-term fixed-price supplier
agreements, even before design finalization, reduces the risk of cost
overruns. This is a nonsensical statement that ignores the fact that
supplier change orders and claims are the inevitable result of design
changes, schedule slips, and other normal changes to the pricing
assumptions initially used. The Boeing 787 program is evidence that
fixed-price supplier agreements mean nothing, if program performance is
imperiled.
Although
things have reportedly improved—and, really, how could they
not?—Boeing’s initial approach to program supply chain management
should stand as the poster child of how not to do it.
Fraud is Everywhere
We’ve discussed the potentially misplaced emphasis on contractor fraud and corruption before,
and asserted that the majority of contractor fraud also involves
corruption on the part of Government officials. On January 7, 2010,
the Department of Justice reported
that a former Army and Air Force Exchange Service (AAFES) official “was
sentenced to three years in prison “for his role in a bribery
conspiracy involving a multi-million dollar telecommunications
contract” and for income tax evasion. “In
addition to the prison term … Henry Lee Holloway [was ordered] to pay a
$5,000 fine and to forfeit $70,000 as the proceeds of [his] involvement
in the conspiracy.”
The
DOJ press release notes that the AAFES provides billions of dollars of
goods and services each year to service men and women by operating base
and post exchanges. Holloway was a general store manager at the Central Exchange in the Republic of Korea (RoK)
from 2003 through 2007. During his tenure, he accepted “at least
$70,000 worth of stock, entertainment, travel expenses, cash and other
things of value” from the CEO of Samsung Rental Company (SSRT) in
return for maintaining “SSRT’s $206 million contract with AAFES to
provide telecommunications services to U.S. Armed Forces installations”
in the RoK,
“despite Holloway’s knowledge and belief that SSRT was underperforming
and violating the terms of its contract with AAFES.” (The SSRT CEO was
sentenced to five years in prison and a $50,000 fine.)
But
fraud and corruption are not confined to the aerospace/defense
industry. On December 24, 2009 reports emerged that Koss Corporation
fired its long-time VP of Finance and Corporate Secretary, for
allegedly embezzling millions from the company. The individual in question (Ms. Sujata “Sue” Sachdeva), was “suspended” on December 21st, “for financial improprieties,” and was fired on December 24th for embezzling as much as $31 million over the past 18 years. Two members of the Koss accounting staff who reported to Ms. Sachdeva were also put on unpaid administrative leave. According to the Wall Street Journal,
“The government alleges she embezzled company funds to pay off her
personal American Express credit-card charges for the purchases of
furs, jewelry, apparel and home decor.”
Importantly, Ms. Sachdeva,
as VP of Finance, was responsible for many “management representations”
provided to its external auditors, Grant Thornton. Because those
representations can no longer be relied upon, Koss’ financial statements must be reaudited, and will likely need to be restated. Koss is a publicly traded company, so the SEC and PCAOB
will also be involved in the resolution. But Grant Thornton won’t be
involved in that resolution, because that audit entity was dismissed after the fraud was uncovered.
It’s
not clear why Grant Thornton was dismissed (and replaced by a smaller
audit firm). News reports indicate that the dismissal was based on a
“recommendation” from Koss’ audit committee. One
might think that Grant Thornton was being blamed for failing to uncover
the multi-million dollar embezzlement scheme during its audits. (One article notes that it was American Express who brought the fraud to the company’s attention--and not the external auditors, nor the internal auditors.) However,
Grant Thornton states that “The fraud was apparently conducted by a
longtime, trusted senior financial executive who was hired and
supervised by senior management. The company (Koss) did not engage
Grant Thornton LLP to conduct an audit or evaluation of internal
controls over financial reporting. Establishing and maintaining
effective internal control is management’s and the board’s
responsibility.”
Those
in Government contracting hear a lot about internal control systems and
contractor “business systems”. As far as we can tell, current DCAA
audit guidance tells auditors to expect perfection from DOD
contractors, with the slightest mistake potentially imperiling the
adequacy determination of an entire internal
control system. Based on DCAA testimony before the Commission on
Wartime Contracting, more than two-thirds of the largest contractors
have at least one inadequate control system. But as this story shows,
very few systems of internal controls can prevent 100% of fraud and
corruption, especially when it is a trusted member of the senior
leadership team who is engaging in it.
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