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Apogee Consulting Inc

Nick Sanders, Principal Consultant, to Speak at NCMA Orange County Chapter Meeting

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Apogee Consulting, Inc. announces that its Principal Consultant, Nick Sanders, will speak at an upcoming meeting of NCMA’s Orange County, CA chapter.

 Mr. Sanders will speak on“DOD Oversight Wars” at the meeting to be held in the evening of January 20th at the Orange County Offices of Crowell & Moring.  Details can be found at the Chapter website


 

DOD Issues New Guidance on Government Property

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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

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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.



 

Supply Chain Risk Management – What Not to Do

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crashing plane

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 tierBoeing 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

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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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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.