Pentagon not properly monitoring sole-source contracts, audit finds

The Defense Department is inadequately following guidance on single-bid contracts and failing to encourage the type of competition that saves taxpayer dollars, the inspector general’s office found in a recent audit.

In a review of 107 contracts valued at nearly $1.4 billion, along with another half-billion dollars’ worth of contract modifications, the IG determined that the military’s competition advocates failed to follow single-bid guidance in 31 cases. The Pentagon also neglected to “develop adequate plans to increase competition because Defense Procurement and Acquisition Policy (DPAP) did not provide effective oversight of the plans,” the report said. And Defense officials did not develop specific steps to improve competition rates in their plans or “develop specific steps to prevent 39 of 47 contract modifications, valued at $390.9 million, from exceeding the three-year limitation on awarding contract modifications without first recompeting.”

The IG recommended improved monitoring and creation of an overall schedule on altering contracts. The service largely agreed.

Keep reading this article at: http://www.govexec.com/contracting/2012/10/pentagon-not-properly-monitoring-sole-source-contracts-audit-finds/58819/?oref=national_defense_nl.

Panel examining flaws in DLA’s food-for-troops contract

The Pentagon and the company that supplies U.S. troops in Afghanistan with food and water are locked in a billion-dollar billing dispute that illustrates the flawed management of contracts for battlefield support, according to documents released Thursday by a House oversight subcommittee investigating the arrangement.

The Defense Logistics Agency, which supervises the food supply contract, is demanding that Supreme Foodservice of Ziegelbrucke, Switzerland, return more than $750 million in overpayments made by the government. But the company has refused, claiming it is owed $1 billion more than the $5.5 billion it has already been paid. Despite the clash, Supreme is among the contenders for a new food-service contract in Afghanistan that will be worth upwards of $10 billion.

Keep reading this article at http://www.federalnewsradio.com/65/2877494/Panel-examining-flaws-in-DLAs-food-for-troops-contract.

House passes defense authorization bill

The House passed the $640 billion fiscal 2013 National Defense Authorization Act on May 18, 2012.

The vote on the bill, H.R. 4310, was 299 to 120.

“This year’s defense authorization bill helps meet my priorities as chairman: Resolve sequestration; restore strategy and sanity to the defense budget; and rebuild our military after a decade of war,” Rep. Howard “Buck” McKeon (R-Calif.), chairman of the Armed Services Committee, said in a statement after it passed.

He said the bill would require defense officials to be fiscally responsible with their resources through stewardship, prioritizing resources and reforming how the Pentagon interacts with the defense industrial base. The committee has worked to ensure competition in contracts, to ease the stresses on small business looking to work with the Armed Services, and to evaluate supply chain weaknesses.

Keep reading this article at http://fcw.com/articles/2012/05/18/house-ndaa-passage.aspx.

Rep. Graves requests contract reforms in next NDAA

Rep. Sam Graves (R-Mo.), chairman of the Small Business Committee, said on April 17 he would like several small-business contracting reforms, including a proposal to boost the annual small-business contracting goal, in the new defense authorization bill.

He made the recommendation to the Armed Services Committee in a hearing in which several House members asked the committee to include its suggested language in the National Defense Authorization Act for Fiscal Year 2013. The committee is expected to release its language for the bill May 7.

“Improving small business opportunities for federal contracts is a triple play,” Graves told the committee in testimony. Small companies win more contracts, which create jobs, he said. Companies also bring more competition and innovation to the market and the government saves money through this and the industrial base stays healthy, added Graves.

In March, Graves’ committee approved eight bills to reform contracting and help small companies in the federal marketplace.

He pointed out that the Armed Services Committee’s own Panel on Business Challenges and the Small Business Committee’s legislation actually complement each other.

The panel concluded that small businesses face particular challenges in contracting with the Defense Department. DOD lacks a culture that fosters small-business participation, it said. More broadly, DOD has a confusing acquisition rule book that constantly changes, the panel said.

As for small-business reforms, one bill would raise the governmentwide small-business contracting goal from 23 percent to 25 percent — with budgetary consequences for missing the mark. Others would increase the level of responsibility for small-business advocates inside each agency, improve mentor-protégé programs and tackle unjustified contract bundling.

Another bill would address a deceptive contracting practice called pass-throughs. In a pass-through, a small company wins a contract set aside just for certain companies and then passes the majority of the work onto a large company.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article was published on Apr. 17, 2012 at http://washingtontechnology.com/articles/2012/04/17/sam-graves-armed-services-committee.aspx?s=wtdaily_190412.

Schedule 70 chief lays out management goals

Contractors on the General Services Administration’s major Multiple Award IT Schedule 70 should watch for changes.

Kay Ely, director of the Schedule since September, laid out her top management priorities March 15 to make operations run better and more smoothly, according to Allen Federal Business Partners’ The Week Ahead newsletter.

Ely wants to:

  • Digitize all contract files.
  • Expand the use of electronic contracting for end-to-end contract management.
  • Shorten the time it takes modify a contract. This should make the schedule more competitive.
  • Make Schedule 70 consistent across its components, so IT contracting officials give their customers and contractors consistent and correct answers.
  • Enhance the skills of the IT Schedule’s acquisition workforce.

Ely believes that achieving just some of the goals “would go a long way to restoring the luster of the IT Schedule, and most likely help increase business conducted through it,” according to the report.

– by Matthew Weigelt, Federal Computer Week, Mar 19, 2012 at http://fcw.com/blogs/acquisitive-mind/2012/03/gsa-schedule-70-priorities.aspx.

New suppliers to U.S. government fall 14 percent

The number of new suppliers to the U.S. government fell 14 percent last year even as the Obama administration sought to increase competition in contracting.

Contract awards in the year that ended Sept. 30 went to about 29,800 companies that hadn’t done business with the government in seven years, compared with 34,800 in fiscal 2010, according to procurement data.

The decline may be partly due to businesses avoiding the federal market because agencies are cutting budgets. Without new competition, taxpayers might end up with higher costs, said Dan Gordon, who stepped down in December as President Obama’s top procurement official.

“The result is that the government gets less competition than it wants, it may get higher prices than it wants, and you risk having government procurement be completely an insider’s game,” said Gordon, associate dean for government procurement law at George Washington University Law School.

New contractors won $10.9 billion in orders in fiscal 2011, a 17 percent drop from $13.1 billion the prior year. First-time small businesses experienced a steeper decline, tumbling 34 percent to $3.64 billion from $5.5 billion in the same period.

Smaller firms, defined as having fewer than 500 employees or less than $7 million in average annual sales, may be more likely to bypass the government market because of diminishing opportunities, said Michael Golden, who formerly led the Government Accountability Office’s procurement law unit.

“When you see bigger companies closing plants in anticipation of a shrinking budget, what is a new company supposed to do?” said Golden, a Washington-based partner for the law firm Pepper Hamilton.

Working with the government presents challenges for small businesses not accustomed to the process, said Jake Ross, a retired Navy captain and partner at Maritime Security Strategies in Tampa, Fla. His company, a service-disabled veteran-owned firm, last year won its first federal contract, a $29 million deal to build a patrol boat for the Navy.

“I kick myself every day,” Ross said in an interview. “You think you’ve crossed one challenge and, by golly, you’ve got a new one the next day. The rules and regulations for government contractors do create significant barriers.”

The Office of Management and Budget looks at federal procurement data to gauge how it’s doing on competition and new entrants, said Moira Mack, a spokeswoman for the agency.

“We are committed to getting the highest quality products, for the lowest possible prices for America’s taxpayers, from an innovative and diverse set of contractors,” she said in an e-mail.

Bloomberg’s estimates on first-time vendors are based on an analysis of federal procurement data that looked at companies with new Dun & Bradstreet identification numbers that also hadn’t received awards in the previous seven years. The totals include contracts won by company and by joint ventures.

—by Danielle Ivory, Washington Post, published Mar. 11, 2012.  Paul Murphy in Washington contributed to this report.  This appears at http://www.washingtonpost.com/business/economy/new-suppliers-to-us-government-fall-14-percent/2012/03/08.

House committee takes on contract bundling

Two House Small Business Committee members are now tackling contract bundling in a new bill as a part of a comprehensive contracting-reform plan.

The Contractor Opportunity Protection Act would make it tougher for agencies to bundle contracts. The bill would provide the Small Business Administration and third-party groups with the ability to appeal an agency’s decision to bundle several contracts into one. Officials would also have to consider small businesses early on when planning a procurement.

Contract bundling is the practice of packaging many contracts together, essentially making it impossible for small businesses to compete for the work. The bundled contracts can limit competition.

The new bill would create a third-party arbiter to fight unjustified bundling by allowing SBA to appeal a questionable bundling decision to the Civilian Board of Contract Appeals or the Armed Services Board of Contract Appeals. If SBA declines to do so, the legislation allows third-party groups to protest to the Government Accountability Office.

Furthermore, it would require agencies to publish their justification for the bundled contract to provide greater specificity and transparency into federal officials’ decisions. At least 45 days before an agency issues a solicitation, procurement officials have to send it to their procurement-center representative, who advocates for small businesses.

Along with the solicitation, they must explain their decision, answering why officials are choosing to bundle the contacts and why the contract cannot be divided into smaller parts. Officials also would have give a list of the contractors affected by the bundling, especially if it is a small business.

“Contract bundling is a legitimate part of federal contracting, but it can sometimes be carried out unfairly,” said Rep. Sam Graves (R-Mo.), chairman of the Small Business Committee. Graves and fellow committee member Rep. Allen West (R-Fla.) introduced the bill, intended to address some of these problems, on Feb. 17.

The contract bundling legislation is part of a comprehensive initiative from the Small Business Committee aimed at reforming small-business contracting policies. Since January, a number of committee members have introduced bills that address small-business issues.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article was published Feb. 17, 2012 at http://washingtontechnology.com/articles/2012/02/17/contract-bundling-legislation-graves.aspx?s=wtdaily_210212

House pro-contractor caucus forming

A House caucus advocating for government increasing its use of contractors will launch this week, Federal Times reports.

The “Yellow Pages” caucus has drawn interest from 20 possible members and is holding a kickoff event Tuesday at Capital Triangle.

The Business Coalition for Fair Competition said in a Facebook announcement that if private businesses listed in the phone directory perform the same service that the government performs, then the service should be subject to open competition.

Using private sector businesses to complete this work would allow federal workers to instead focus on government-related work, BCFC President John Palatiello said to Federal Times.

– from ExecutiveGov – Feb. 7, 2012 at http://www.executivegov.com/2012/02/house-pro-contractor-caucus-forming/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+execgov+%28Executive+Gov%29

Resource centers boost competition for secret contracts

Restricted websites similar to the Federal Business Opportunities site are boosting competition for sensitive national security procurements, showing that competition is possible in the mysterious world, according to a report.

The National Reconnaissance Office hosts the Acquisition Research Center, which was developed for intelligence community procurements. It limits potential contractors to about 1,200 registered firms that are already cleared to work in a secure environment and have a workforce with security clearances.

“An NRO senior procurement official described this system as a proprietary classified version of FedBizOpps,” the Government Accountability Office wrote in a report released Jan. 13, 2012. GAO was reviewing competition for Defense Department contracts for national security needs.

Along with NRO, the National Security Agency has a business registry database. It provides industry with a central place for acquisition information. NSA officials use it for market research as a way to distribute documents to partners and other companies. All companies that are interested in doing business with NSA must be registered in the system. As of October 2010, the database included about 9,300 companies, GAO reported.

The Defense Intelligence Agency and the National Geospatial-Intelligence Agency, both of which are within the Defense Department, have made arrangements to use the systems.

GAO compared their contracts awarded under an acquisition rule allowing particular agencies to exempt certain national security contracts from a full-and-open competition. Because of the acquisition centers, NSA and NRO showed higher levels of competition compared to the DOD military departments, which don’t use the databases.

Annually, for NRO and NSA, competition for contracts ranged from 27 percent to 70 percent of total spending, GAO wrote, based on the information the agencies provided.

On the other hand, GAO found much less competition after analyzing procurement data on about 11,300 DOD national security contracts from fiscal 2007 through fiscal 2010, which equaled $2 billion. Military departments received more than one bid on only 16 percent of all contracts and task orders purchased under a national security exemption rule.

Defense officials noted three obstacles for their low percentage of competition.

  • Few contractors with clearances.
  • Constraints on soliciting new vendors.
  • Few tools to do market research.

In response to the report, DOD officials said they would assess the tools that the intelligence community has to do market research and consider giving defense agencies access to the databases.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article apperaed on Jan. 17, 2012 at http://fcw.com/articles/2012/01/17/national-security-acquisition-resource-center.aspx.

Aligning acquisition strategies with the times

The need to do more with less dictates crucial changes in national security procurement.

Top U.S. military officials are warning that the current fiscal crisis is the single biggest threat to the country’s national security. And, the most critical concern facing the United States is ensuring that it has the resources necessary to maintain its security globally—and that it is prepared for the challenges ahead.

In fiscal years to come, the U.S. Defense Department must make major changes to the way it deals with the competing forces of decreased financial resources and continually morphing security challenges.

The changing nature of security threats to the United States requires significant rethinking of how agencies procure everything from major weapons systems, to tactical communications systems, and even to the batteries needed to power gear developed from next-generation technologies, according to Dr. Jacques S. Gansler. He is the director of the University of Maryland’s School of Public Affairs, where he holds the Roger C. Lipitz chair in the university’s Center for Public Policy and Private Enterprise. He is also a former undersecretary of defense for Acquisition, Technology and Logistics.

“The need to improve the acquisition process extends beyond just the defense arena,” Gansler emphasizes, suggesting that it increasingly includes global commercial firms. And the struggles that the Defense Department experiences are not much different than those at the Department of Homeland Security (DHS) he contends. This is because the DHS taps into many of the same national security industrial base firms that sell goods and services to the Defense Department.

“Technology has changed dramatically; geopolitics has changed dramatically; international economics has changed dramatically; and most importantly, national security has changed dramatically,” Gansler explains. “We’re not talking about tank-on-tank from the Cold War. We’re talking about war among the people; we’re talking about everything from pirates to terrorists and unstable governments and even nuclear war.”

Both the Defense Department and the DHS have to cover a full spectrum of national security challenges at a time when government purse strings are by necessity being drawn tighter. “Since 9/11, we’ve lived in a rich man’s world,” he says, characterizing increases in defense and homeland security spending over the past decade.

“The budget has exploded, and now we’re going to be facing the reality that we have a deficit problem. In fact, [Adm.] Mike Mullen [USN], the former chairman of the Joint Chiefs of Staff, says our number one national security problem is the debt,” Gansler says. In 2014, interest payments on the debt alone will equal the amount of the defense budget, he warns.

The rising political tide of concern over federal spending, Gansler notes, means that, “We have to worry about things we haven’t had to worry about over the last 10 years.” In the past, he says, “If costs go up, we just put a supplemental in— get an extra $150 billion. But now, if the dollars are going to go down significantly, we know historically some things will go away.”

Based on past experience, he adds, the first things to go when budgets are tight generally are travel, training and research. “It’s the research that can kill us, because for the last 50 years, at least, our national security strategy has been technological superiority. How do we maintain that in the absence of research money?”

At a time when it is not unusual for major weapons systems to go tens and even hundreds of millions of dollars over budget, Gansler says that another acquisition hurdle to overcome in austere times is the increasing unit cost of equipment.

“The next fighter, instead of costing $35 million, is now going to cost over $130 million. Each [Navy] carrier is going to cost $11 billion without airplanes, and the numbers are just enormous!”

Gansler points to several examples of weapons systems developed in times of fiscal restraint that got the job done. One is the Joint Direct Attack Munition (JDAM) add-on modules developed in the 1990s by the Air Force and the Army to give so-called dumb bombs the ability to fly to specific targets.

He recalls saving a hand-written note from the chief of staff of the Air Force, outlining the three requirements for the JDAM: “It should work; it should hit the target; and it should cost under $40,000 each.” Gansler states that current versions of the JDAM “work; they hit the target; and they now cost $17,000 each.”

Gansler explains that adjusting the acquisition process to meet new fiscal and security challenges is more than just writing a better contract. Instead, he asserts, a more comprehensive approach to acquisition reform demands four planks of change—represented in the form of questions—to how business is done.

Gansler says that, “The first question is what do we buy? The second question is how do we buy? The third question is, who does the buying, and do we have smart buyers? And the fourth question,” he continues, “is from whom do we buy—what’s the industrial base we’re drawing upon?”

Addressing the first issue of what to buy, Gansler says that affordable equipment is at the top of the list. “What I can afford at the quantities that I need should become a military requirement,” he explains. “The equipment we buy should also have flexibility to cover the spectrum of security challenges, including new threats like cyberwarfare.

“Cyberwarfare is not just an attack on the military; it is an attack on the civilian economy. We can have an attack easily on the power grid, or the banks or the hospitals. What we buy has to be thought of for the 21st century, not the 20th century.”

With regard to examining how things are bought—the acquisition process—Gansler says that along with changing the cost of what is purchased, the Defense Department also has to make significant changes to the amount of time it takes to acquire major weapons systems.

“Take the next-generation airplane—the F-22 has taken over 20 years to develop and deploy,” he says. “Technology changes on an 18-month cycle, and this is supposed to be the technology airplane.”

Gansler insists that doing it faster, and doing it with more cost sensitivity, is vital—and the best way to accomplish that is through effective competition.

In a study he conducted for the Defense Science Board, Gansler notes that 57 percent of what the Defense Department buys today is services. He explains that one of the proposed defense acquisition reforms calls for the re-competition of all service contracts every three years. He considers the three-year requirement by itself to be a disincentive to firms that want the government’s business, and he instead would base the three-year re-evaluation on a firm achieving higher performance at lower cost.

When it comes to who does the buying, Gansler says smart buyers are needed. He minces no words in stating that the training and retaining of skilled acquisition experts has been grossly neglected and undervalued in terms of the importance of having smart, experienced buyers.

Gansler states that he was shocked to learn that, during a study of contracting in Iraq and Afghanistan—conducted for former Defense Secretary Robert Gates—“The organization that supervises the contracting, the Defense Contract Management Agency, used to have four general officers in 1990. When I did the commission in 2009, they had zero. They went from 25,000 people to 10,000 people.”

This undervaluing of acquisition experts, both in the rank and file, serves as a disincentive to junior officers to become experts in contracting and acquisition if no visible career path exists for promotion. Gansler relays that much of the reduction in contracting staff took place during the last round of defense spending reduction, but, when the budget exploded in the mid-1990s, the number of contracting people and general officers kept decreasing.

“We’ve gotten to the point where they’re more concerned about conflict of interest, they’re more concerned about compliance, than they are about results. We’re more concerned about process than results, and that’s dangerous,” Gansler warns.

Commenting on whom the United States buys from—which is the final reform plank—Gansler expresses concern about the deterioration of the industrial supply base. “It’s very clear that in many areas, the Department of Defense is no longer the leader in many of these fields. [In] a lot of electronics, a lot of information systems, software packages, the commercial world is way ahead, so we should be drawing on that commercial world, as well as traditional defense suppliers and, where appropriate, there’s technology from around the world we should be drawing on.”

In some cases, Gansler says, U.S. regulations and laws have made the Defense Department dependent on foreign technology. One example is in the realm of night-vision technology, which is used to provide nighttime operational and tactical ability to dismounted warfighters. Gansler says he learned in a briefing by the Army’s Night Vision Laboratory that, “The French are now ahead of us in night-vision technology, and the reason is that we prohibited our people from selling around the world, and therefore, the French took over the world market in night vision.”

He says another challenge for the defense industrial base is the labor force, particularly in high-technology sectors.

“If I go over to the University of Maryland engineering department, or any school in America today, the largest share of the engineering and science people are non-U.S. citizens, but we have this foolish requirement that they have to sign, that they have to go home when they complete their student visa. That’s silly! Why can’t we take advantage of this work force?”

Gansler also points to President Ronald Reagan’s signing of National Security Decision Directive (NSDD)-189, the National Policy on the Transfer of Scientific, Technical and Engineering Information, which says fundamental research can be done by anybody, anywhere, and published freely. He says that this directive recently was re-affirmed by former National Security Advisor and Secretary of State Condoleezza Rice, and more recently by Gates. And yet, Gansler says, the Defense Department, the DHS and the Department of Energy have placed restrictions on fundamental research awards, limiting them to U.S. citizens.

True acquisition reform will result from an overall cultural change in the Defense Department and the DHS, Gansler emphasizes. Officials in charge of contracting and acquisition must recognize the need for change, based on the four planks of reform. And they must be willing to do what is needed, including setting appropriate milestones and metrics to determine if the changes are creating the desired improvement in the way acquisitions take place.

 – by Max Cacas, published  in Signal magazine – January 2012  at http://www.afcea.org/signal/articles/templates/Signal_Article_Template.asp?articleid=2833&zoneid=244