I am quoted twice in this week's Defense News, and with each story, my brief comment merits some exposition. Today, I'll cover my assertion regarding the "of a type" brouhaha.
Those three words in the US Code allow federal contracting officers to avoid demanding cost information from prospective suppliers when the goods and services offered are "of a type" offered commercially. For bespoke military items, cajoling contractors into open kimono bidding shifts power to the government, and ratchets down the margins attainable to whatever the contracting officer thinks is appropriate, and the company will tolerate.
This frequently doesn't work with companies oriented on commercial markets, particularly if they're not particularly beholden to government contracting. Successfully bidding for a contract whose provisions were known to be founded on a full-disclosure process would be highly deleterious to future negotiations with less powerful prospective buyers. For whatever the government got, the next counterparty could reliably take as a low-ball bid that the supplier might very well accept. That's not the sort of information that a profit-maximizing firm wants floating around.
The Pentagon's Director of Defense Pricing, Shay Assad, is a long-time federal official who's pretty experienced in this sort of thing. As I wrote about him when he took the job, his job is a big one. And on that job over the past few years, he now relates that the "of a type" clause is the one that his contracting officers find the law is being "abused"—traditional military contractors are asserting that items analogous to those sold openly and commercially should fall into this category, and are thus refusing to reveal their costs to the government.
What's unclear to me is how this is abuse. As Alan Chvotkin of the Professional Services Council observes in the article, "the vendor can say no, but so can the contracting officer"; that is, no data, no sale is always an option for the government. Shay wants the Congress to delete "of a type" this year specifically to tie his own people's hands—to remove their managerial discretion, as if the bureaucrats can't stand on their own in negotiations. That's not a ringing endorsement of the staff's skills and backbone.
But what's even less clear to me is how this is not part of that feared "war on profits" that Mr. Obama's officials in the Pentagon have repeatedly declaimed as never their intention. Or, as I'm quoted as saying (slightly edited),
This sounds like a complaint about contractors' profits, because if the government is looking for information on their underlying costs, the government wants to get at that so that they can claim that they're taking too big a profit margin. Is there another reason?
To explain, let's review the possible courses of action once the costs are revealed, and in terms of what supply chain management people call total cost of ownership (TCO). The government's total cost includes not just the purchase price from the supplier—what the government oddly calls procurement cost—but the costs of receiving the item, servicing it, fueling it, training people to operate it, and anything else we want to add for the purpose of the analysis. Call all of this stuff the government's internal cost (GC), and we'll illustrative the relationship with a very simple equation:
TCO = P + GC
Next, we can break down that price into several parts. There are fixed costs (FC) in production and overhead. There are variable costs (VC) to production, and the variable costs by unit (vc) we'll assume to vary linearly with the quantity (Q) produced, such that VC = Q(vc). On top of all this, there's a profit (π), and the whole relationship is then roughly
TCO = π + FC + Q(vc) + GC
Thus, there are four big buckets in which to look for reductions in TCO. The first place to look should be those governmental costs, as these are subject to the greatest control: one needn't negotiate with an external party to affect changes, but can just order up action. That's just getting one's own house in order first. With this information, and cost information from the contractors, the government could open frank discussions about how to pull common costs from their mutual supply chains. This works for lots of top-drawer industrial enterprises worldwide because, the cleanliness of the equation notwithstanding, GC and FC and VC are not purely separable. There are effectively countless examples of commercial efficiencies found in changing packaging, changing grades of material, rerouting transportation, shifting productions sites and the like to reduce the overall cost to both supplier and buyer.
Ford and General Electric and Boeing know how to do this, and they do it all the time. But this doesn't so frequently happen in military contracting in the US, and for two reasons. To begin, it's not part of the culture: those contracting officials are often quite good at playing "I've got a secret" with the actual contractors, at least when competition is involved, if only because they fear the appearance of impropriety. Call this a vicious unforeseen consequence of the Congressional mandate that losing bidders have the opportunity to whine to the GAO any time they like. This is simply no way to do business, but it is the way the Pentagon does business all the time.
The second problem is the actual information: while Pentagon should know its own GC, it frequently doesn't, because the US Defense Department still can't manage to produce an auditable set of books, and frequently has no clue about its operations and maintenance spending (more on that later this week). Together, these problems limit the government's ability to tackle its own internal excesses, and so for savings, it looks to the contractors' part of the equation.
What does this leave? The government presumably knows Q, its own quantity demanded, so it's asking for FC and vc and π. (Even if it doesn't demand knowledge of the margin, it can back that out of the purchase price.) The government's financial analysts could then scrutinize the prospective supplier's models and books for cost-reduction options to recommend. But if the government can't figure out its own costs, it's in no position to tell manufacturers how to run their plants. It's almost ludicrous to suggest so.
Of course, that's really not what's in the offing. For what's left after the government costs and the contractors' costs and their mutual costs are left unattended? The contractor's profit. Or as Shay himself is quoted in the article,
This is all about how do we make sure that we're paying a fair and reasonable price. It's that simple. There's nothing beyond it.
Fair and reasonable—honestly, I have no idea what those terms mean. As a professor of mine at the University of Chicago once told me, the closest anyone can come to a workable definition of fair is "I like it." Shay basically wants lower prices for the government, within a system that continues to provide long-term incentives for the suppliers to stay in the business. Since Shay is the director of pricing, it's his job to get those, and they're a laudable goal. It's just that he and his people should call a spade a spade, and admit what they're doing, whoever they're doing it to.
