Longtime whistleblower at the Defense Contract Audit Agency keeps discontent alive

The Defense Contract Audit Agency has racked up its share of detractors over the years, being accused everything from slow processing of reports to leniency toward contractors who overbill the government.

But perhaps its most insistent critic is neither the Government Accountability Office nor a peacenik advocacy group, but one of its own auditors. George Duggan, a Northern California certified public accountant who has spent 25 years with DCAA, has been blasting his superiors since the 1990s, landing him more than once in the role of whistleblower in a Federal Claims Court and before the Merit Systems Protection Board.

Under Director Patrick Fitzgerald since 2009, DCAA has implemented a range of reforms, chief among them the importation of fresh management blood and a risk-based triage strategy for focusing on audits most likely to return money to the treasury. But Duggan insists the agency — and its overseers in the Defense Department Inspector General’s Office — could do better.

Keep reading this article at: http://www.govexec.com/defense/2013/05/longtime-dcaa-whistleblower-keeps-discontent-alive/63027/?oref=national_defense_nl.

Pentagon’s internal feud over contract auditing takes a new twist

The ongoing dispute over the quality of work at the Defense Contract Audit Agency took a new turn on Thursday with the release of a Defense Inspector General’s Office report criticizing the professional judgment used in DCAA assignments dating back to 2010 and earlier.

The March 7 report — which the deputy IG acknowledged was delayed for two years while the office’s staff focused more on DCAA hotlines than audits — covered quality assurance reviews on 50 DCAA reports completed in the first half of fiscal 2010.

“DCAA did not exercise professional judgment in performing 37 (74 percent) of the assignments reviewed,” the IG team concluded. “The abundance of non-compliances with standards identified in the 37 assignments evidenced the need for improvements in the area of competence at DCAA.”

Keep reading this article at: http://www.govexec.com/contracting/2013/03/pentagons-internal-feud-over-contract-auditing-takes-new-twist/61772/?oref=govexec_today_nl 

Defense auditors’ focus on riskiest contracts lacks plan, GAO finds

The controversial move by the Defense Contract Audit Agency to more selectively perform incurred costs audits lacks an implementation plan, a time frame and performance metrics, according to a Government Accountability Office report.

Three years ago, DCAA’s newly installed Patrick Fitzgerald began refocusing resources and revamping audit procedures and training to stress quality over quantity. This type of triage meant raising by tenfold the threshold dollar amounts that trigger incurred cost audits of fixed-priced and cost-type contracts.

Though “this initiative appears promising,” GAO found, DCAA “has not fully developed the measures by which it will assess whether the initiative reduces the backlog in a manner that protects the taxpayers’ interests. Specifically, DCAA does not have a plan for how it will determine whether key features of the initiative, such as the revised risk criteria and the revised sampling percentages, should be adjusted in the future.”

Keep reading this article at: http://www.govexec.com/defense/2012/12/defense-auditors-focus-riskiest-contracts-lacks-plan-gao-finds/60306/?oref=govexec_today_nl.

Acquisition workforce unprepared for challenges of sequestration

Most federal acquisition professionals are not prepared to quickly renegotiate contracts or handle other responsibilities if automatic budget cuts take effect next month, according to a survey released Monday, Dec. 17, 2012.  

Sequestration — the automatic spending cuts required if Congress and the White House fail to agree on a deficit reduction plan by Jan. 2 — would require acquisition employees to quickly renegotiate, cancel or change the scope of contracts. Of the 40 federal officials surveyed, including senior acquisition executives, contracting professionals, congressional staff and representatives from the oversight community, 60 percent said those skills were weak or nonexistent in the acquisition workforce.

Sequestration “will present a host of issues, such as contract terminations. There is the potential for millions in broken contracts, so this is a critical area,” one survey respondent said.

Keep reading this article at: http://www.federaltimes.com/article/20121217/ACQUISITION02/312170004/Acquisition-workforce-unprepared-challenges-sequestration?odyssey=nav%7Chead.

See survey at: http://www.pscouncil.org/i/p/Procurement_Policy_Survey/c/p/ProcurementPolicySurvey/Procurement_Policy_S.aspx

Hold lifted on Army acquisition chief’s nomination

U.S. Sen. John Cornyn, R-Texas, removed the last road block to the lengthy process of confirming Heidi Shyu as the Army’s top acquisition official.

Shyu has served in the role since May 31, 2011 since Malcolm O’Neill, the former Army acquisition chief, resigned and recommended his deputy, Shyu, take over. The Obama administration waited until this past February to officially nominate Shyu.

The Army has since had to work with Cornyn and Sen. Tom Coburn, R-Okla., who each placed a hold on her nomination for separate reasons.

Coburn held up the nomination because he was upset about the sluggish pace of the Army’s Improved Carbine Competition. He released his hold in August.

That left Cornyn as the sole barrier between Shyu and the confirmation of her nomination. He released his hold on Sept. 21st after the Defense Department agreed to investigate an arms dealer that supplied the U.S. Army with Mi-17 helicopters while also dealing with Syrian President Bashar al-Assad in Syria.

Read this article at: http://www.dodbuzz.com/2012/09/21/hold-lifted-on-army-acquisition-chiefs-nomination/

DCAA reports $560B unaudited contract backlog

The Defense Contract Audit Agency released fewer audit reports last year than compared to 2008 in an effort to cut down a large backlog volume, Federal Times reports.

Incurred cost audits are contracts which government agencies have already paid for that have not yet been reviewed.

DCAA has an estimated backlog of incurred cost audits totaling around $560 billion, according to Federal Times.

Keep reading this article at: http://www.executivegov.com/2012/05/dcaa-reports-560b-unaudited-contract-backlog-elizabeth-robbins-comments/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+execgov+%28Executive+Gov%29.

Are we heeding or ignoring lessons of 1989?

In recent months there has been no shortage of comparisons between the budget reductions of the 1980s and 1990s and the likely impacts of the current draw-down. While some of the comparisons are instructive, there also are important lessons that can be drawn from the previous declines that could be tools to drive new thinking and help avoid the mistakes of the past. Unfortunately, in some very key areas there is little evidence that those lessons are being widely heeded.

Specifically, during the last significant budget battle in the 1990s, the Defense Department, in the aftermath of the Cold War, reduced its total physical and personnel infrastructure by about one-third. In fact, according to the Government Accountability Office, 98 percent of all federal workforce reductions during the 1990s took place at DOD. Further, those reductions were taken on an almost linear basis—almost all functional areas were affected at a similar rate, including acquisition.

At the time, one key part of my portfolio at DOD was the acquisition workforce, which at DOD includes not just contracting but also program management, systems engineering, and a range of other high-end skills. We fought long and hard to prevent the Congress from imposing massive, arbitrary, across-the-board acquisition workforce reductions. Yet, even as we fought against immediate cataclysmic cuts, we nonetheless drove sizable reductions in that workforce on our own.

In so doing, we failed to fully account for the already evident and growing demographic imbalance in the workforce and for the fact that, despite the budget reductions, the department’s acquisition and technical needs were growing due to the technology revolution and DOD’s evolving mission requirements. As a result, more than a decade later, DOD finds itself facing greater workforce challenges than should be the case, as evidenced by the corrective action plan in former Defense Secretary Robert Gates’ 2009 workforce initiative. And within the civilian agencies, where attention to the acquisition (and broad technology) workforce is a more recent phenomenon, the problems are equally, if not more, acute.

Therein lies a critical lesson that we can learn from, but don’t appear ready to do so. The president’s budget request includes significant increases in positions and funding for the Defense Contract Audit Agency, Defense Contract Management Agency, and the Wage and Hour Division of the Labor Department (which enforces the Service Contract and Davis Bacon acts, among other things).

While these increases may well be needed, it is notable that these are all post-award, oversight organizations. Beyond significant but still limited funding to continue the defense acquisition workforce development fund, the budget has little in the way of meaningful proposals to increase other, critical operational and business skills in civilian agency acquisition and the broader technology fields so essential to the government’s ability to innovate and drive higher performance.

Although we haven’t yet seen the Republican budget proposal, it is unlikely that it will place more emphasis on developing critical skills in the federal workforce and may well go in the other direction.

But, even more importantly, there are no serious proposals on the table today to address the challenges current federal personnel rules and policies create for the government when it is competing for talent. It remains incredibly difficult within government to selectively hire, train, compensate, develop and manage personnel with especially necessary skills. Such strategies are commonplace in the private sector and play a key role in the ability of firms to compete for critical talent. The importance of these strategies – as well as the mandate for new thinking – only compounds during times of constrained resources.

One might ask why an industry executive is raising this issue. The answer is simple: As is true in any other market, the ability of government contractors to do what they do best – optimize efficiency and drive innovation – is tied in large part to the nature and quality of their partners on the other side of the table. The objective is not to supplant contractors; rather it is in the best interest of both government and industry to have a well-resourced, well-supported and well- trained partner workforce. In the end, we rise and fall together.

The Office of Personnel Management reported last year that the government retirement rate rose by nearly 30 percent in 2011 over 2010. Other OPM data continues to show that the government has about four times as many employees over 50 as it does under 30, and that the percentage of federal employees who are deemed to be “technical” has not grown in more than a decade, even as those percentages in the private sector have skyrocketed.

In short, there is a huge federal workforce problem staring us in the face that demands prompt, comprehensive and sustainable action. The lessons of history clearly illustrate what will happen if we don’t learn from them.

About the Author: Stan Soloway is president and chief executive officer of the Professional Services Council.   This article was published by Washington Technology on Mar. 22, 2012 at http://washingtontechnology.com/articles/2012/03/12/insights-soloway.aspx.

Survey says auditors have too much sway

The relationship between government contractors and federal acquisition officials has been on the decline for several years now, according to a new Grant Thornton survey, but companies say their relationships with contracting officers have deteriorated more in the last year than in the past.

Grant Thornton surveyed more than 100 government contractors in 2011 for its 17th annual Grant Thornton Government Contractor Industry Survey, which was released Feb. 20. Of those contractors, 78 percent of them said the government is inefficient. But half of that 78 percent put the primary blame on the contracting officers, while 28 percent blame the auditors.

In an analysis of the responses, Grant Thornton said it’s a shift in blame from prior surveys in which most respondents blamed the Defense Contract Audit Agency for inefficiencies in resolving contract issues.

“It appears that respondents have come to expect delays from the DCAA, and are becoming more and more frustrated by the unwillingness of contracting officers to assert the decision-making authority granted to them in the procurement regulations,” according to the survey.

Grant Thornton said in practice, the auditors have been granted greater influence on contracting officers in recent years. They now exert more pressure on the officers regarding the resolution of a contracting issue involving contract costs or a contractor’s business systems. However, auditors are only advisors to the contracting officers.

“Predictably, the impact of this structural infighting has been to slow down the resolution of routine issues, with the government often paying a far higher cost than would have been paid had the auditor been limited to an advisory role as defined in the regulations,” Grant Thornton said.

Despite the shifts, auditors and contractors have had a not-so-good relationship, although the better relationship with contracting officers is hurting too.

The relationship with auditors was rated as “fair or poor” by 19 percent of the more than 100 surveyed companies, compared with 11 percent in the 16th annual survey.

The relationship with contracting officers was rated as “fair or poor” by 10 percent of the participants in the 17th annual survey, compared with 5 percent in the prior survey.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article was published on Feb. 28, 2012 at http://washingtontechnology.com/articles/2012/02/28/relationships-contracting-officer-auditor-contractor.aspx?s=wtdaily_290212.

Signs of friction in contractor-government relations

Contractor relationships with federal auditors and contracting officers deteriorated somewhat during the past year as government agencies scaled back programs in an effort to reduce the budget deficit, according to a recent survey.

A separate study released Thursday found that large companies were securing a high percentage of federal contracts set aside for small businesses. In the 17th Annual Government Contractor Industry Survey released Monday by Grant Thornton LLP, contractor relationships with auditors were rated either fair or poor by 19 percent of surveyed companies, up from 11 percent the previous year. Relationships with contracting officers were rated fair or poor by 10 percent of respondents, double the previous year’s total.

Only 22 percent of respondents said the government resolved contract disputes efficiently, a drop from previous surveys.

Revenue from government contracts during the past year grew for 50 percent of the companies, was flat for 21 percent and declined for 29 percent, the survey found. “The fact that the highest percentage of companies experienced revenue growth continues a long-term trend reported in previous surveys, indicating that government contractors are far less vulnerable than commercial companies to recessions or slow growth in the overall economy,” Grant Thornton analysts said.

“However, the 29 percent of companies experiencing revenue reductions is the highest percentage reported in several surveys, indicating that government efforts to reduce deficits are adversely impacting government contractor revenue.”

The survey went out to an unspecified number of companies, in 24 states, that depend primarily on federal contracts; most of them are for-profit and two-thirds provide services to the Defense Department. Forty-six percent are small businesses.

The survey also found that profits improved slightly from the previous year. The biggest cost factor within these firms was executive compensation, and survey analysts said they disagreed with the methods the Defense Contract Audit Agency uses in determining whether to allow such costs.

“While government contracting has never been a model of efficiency, it is our view that the decline in efficiency and business relationships during the past few years can be traced directly to changes in DCAA policy adopted after [Government Accountability Office] reports were issued in July 2008 and September 2009,” they wrote.

“Unfortunately, the GAO criticized the DCAA for having a management and agency culture that focused on a production-oriented mission, emphasizing the need for timeliness in supporting the needs of contracting officers in the procurement process,” the survey said.

Regarding the average time for contractors to collect accounts receivable from the government, results showed the period was less than 30 days for 21 percent of survey participants, while 60 percent reported receivables were collected within 30 to 60 days. The remaining 19 percent reported waiting more than 60 days.

The average win rate on proposals submitted in a competitive environment was 30 percent.

On the topic of revenue by type of contract, the companies said, on average, 45 percent of revenue was from cost-reimbursable contracts and 35 percent was from time-and-materials contracts. The remaining 20 percent was from firm fixed-price contracts.

When asked how often they were required to perform out-of-scope work without a contract modification, 81 percent said frequently or occasionally. Only 16 percent said they refused such requests.

A separate contracting study by the Petaluma, Calif.-based American Small Business League found that of the top 100 companies receiving federal small business contracts, 72 were large companies that “significantly exceed” the Small Business Administration’s small business size standards; only 24 were “legitimate small business,” the league said.

The large companies — among them Lockheed Martin Corp., Rolls-Royce, Boeing Co., General Dynamics and Blue Cross Blue Shield — accounted for $16 billion of the $21 billion total for the top 100, the study found.


– by Charles S. Clark, Government Executive, February 23, 2012 at http://www.govexec.com/contracting/2012/02/signs-friction-contractor-government-relations/41283

Experts: Workforce investment today saves dollars tomorrow

Agency officials must invest in their workforce, even in these times of shriveling budgets, to ultimately save money down the road, said several federal procurement experts at a Congressional committee hearing.

An organic government employee base with adequate skills is the alternative to over-reliance on contractors, and could be the key to reducing fraud and waste in contingency operations, the members of the Commission on Wartime Contracting in Iraq and Afghanistan told the House Oversight and Government Reform Committee on Oct. 4. But it requires investment now, despite tight budgets.

“There has to be some spending to save money,” said Dov Zakheim, a commissioner and former Defense Department comptroller and chief financial officer.

In the same vein, Rep. Gerry Connolly (D-Va.), a member of the House committee, said the government could have saved the at least a portion of the money wasted because of poor contracting in the decade-old contingency operations in Iraq and Afghanistan.

The Government Accountability Office too blames DOD’s lack of planning for workforce shortfalls—including the number of employees at the Defense Contract Audit Agency—along with contractor accounting problems. The two problems are costing DOD money due to delayed audits of the contractors’ incurred costs.

Zakheim told the House committee that DCAA needs auditors, and without them, the government is bearing the cost of delayed audits and contracts that are not properly closed.

“If you don’t have auditors, you don’t have audits. It’s as simple as that,” he said.

However, procurement experts say officials opt to cut training and other resource investments in the workforce during tough financial times. Some agencies have already halted hiring new workers to survive these times, just as senior Obama administration officials say the acquisition workforce is in dire need of some support troops. A new policy from the Office of Federal Procurement Policy tells agencies to improve their in-house skills to do work that is suited for government workers.

“I’d like to think the acquisition workforce will be better trained and that the role of acquisition professionals will evolve to that of a business adviser, rather than a buyer,” said Larry Allen, president of Allen Federal Business Partners. “We’ve been saying that, though, for at least a dozen years now.”

But the budget crisis hopefully will make federal officials think of savings further out, rather than immediately, if they allocate resources to their employees, said Katherine Schinasi, commissioner and former GAO managing director for acquisition and sourcing management.

“It’s a perfect time to make an investment,” since the dividend pays off in the end with savings, she said.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week.  Published Oct. 4, 2011 at http://fcw.com/articles/2011/10/04/workforce-investment-budget-crisis.aspx.