Department of Defense Inspector General Reports Questioning Spare Part Costs Report 1 Costs Questioned Review of Parts Purchased From TransDigm Group, Inc. (February 25, 2019) TransDigm “earned $16.1 million in excess profits for 46 parts” sold for $26.2 million.1 The majority of spare parts contracts were under the simplified acquisition or the Truth in Negotiations Act (TINA) thresholds.2 Four spare parts were designated as commercial items.3 Followup Audit: Military Sealift Command Management of Spare Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships (October 20, 2017) “Officials could not provide evidence that the contractor adequately competed or provided justification for not competing 3 of the 9 purchases over $25,000 or 5 of the 12 purchases between $3,000 and $25,000, made during FY 2016.”5 The Air Force Did Not Adequately Determine or Document Fair and Reasonable Prices for Lot 7 SoleSource Initial Spare Parts for the C-5 Aircraft (February 7, 2017) “[The Air Force’s] contracting officer may not have purchased the 11 commercial spare parts, valued at $58.8 million, from LM Aero at fair and reasonable prices.”7 Efforts to Obtain Cost or Pricing Data “When contacting officers requested cost data for 16 of the 47 contracts we reviewed, TransDigm denied 15 requests for uncertified cost data and fulfilled only the request for certified cost data for the one contract above the TINA threshold that had no exceptions.”4 “This occurred because the contracting officer did not provide adequate oversight of the contractor to ensure compliance with the competition requirements for the contract.”6 Air Force officials requested, but did not obtain sales data or only reviewed certain invoices and price data Department of Defense Inspector General, Review of Parts Purchased From TransDigm Group, Inc., February 25, 2019, p. iii. https://media.defense.gov/2019/Feb/27/2002093922/-1/-1/1/DODIG-2019-060.PDF 2 Department of Defense Inspector General, Review of Parts Purchased From TransDigm Group, Inc., February 25, 2019, p. 11. https://media.defense.gov/2019/Feb/27/2002093922/-1/-1/1/DODIG-2019-060.PDF 3 Department of Defense Inspector General, Review of Parts Purchased From TransDigm Group, Inc., February 25, 2019, p. 32. https://media.defense.gov/2019/Feb/27/2002093922/-1/-1/1/DODIG-2019-060.PDF 4 Department of Defense Inspector General, Review of Parts Purchased From TransDigm Group, Inc., February 25, 2019, p. 8. https://media.defense.gov/2019/Feb/27/2002093922/-1/-1/1/DODIG-2019-060.PDF 5 Department of Defense Inspector General, Followup Audit: Military Sealift Command Management of Spare Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships, October 20, 2017, p. i. https://media.defense.gov/2017/Nov/16/2001844769/-1/-1/1/DODIG-2018-004.PDF 6 Department of Defense Inspector General, Followup Audit: Military Sealift Command Management of Spare Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships, October 20, 2017, p. 6. https://media.defense.gov/2017/Nov/16/2001844769/-1/-1/1/DODIG-2018-004.PDF 7 Department of Defense Inspector General, The Air Force Did Not Adequately Determine or Document Fair and Reasonable Prices for Lot 7 Sole-Source Initial Spare Parts, February 7, 2017, p. i. https://media.defense.gov/2017/Feb/07/2001714317/-1/-1/1/DODIG-2017-053.pdf U.S. Air Force Spent Billions on F117 Engine Sustainment Without Knowing What a Fair Price Was (March 11, 2016) 8 The audit reviewed whether the Air Force purchased sole-source commercial F117 engine sustainment services at fair and reasonable prices.11 “The Air Force spent $[REDACTED] billion on F117 engine sustainment services for FY 2012 through FY 2014 without knowing whether it paid a fair and reasonable price.”12 But DoD IG had previously estimated the Air Force would pay $3.76 billion over the next 7 years.13 in the subcontractor’s office (and had to sign a nondisclosure agreement).8 The sales data officials relied on “did not justify the contract prices for 3 of the 11 commercial spare parts reviewed, valued at $9.2 million.”9 The Air Force should “assess and determine whether it is appropriate to request a $5.3 million voluntary refund.”10 “Pratt & Whitney provided limited data on one commercial customer. However, Pratt & Whitney did not provide requested cost data because of concerns about appropriate safeguards to protect the data so that the Air Force could not obtain and use data Department of Defense Inspector General, The Air Force Did Not Adequately Determine or Document Fair and Reasonable Prices for Lot 7 Sole-Source Initial Spare Parts for the C-5 Aircraft, February 7, 2017, pp. 7, 8. https://media.defense.gov/2017/Feb/07/2001714317/-1/-1/1/DODIG-2017-053.pdf 9 Department of Defense Inspector General, The Air Force Did Not Adequately Determine or Document Fair and Reasonable Prices for Lot 7 Sole-Source Initial Spare Parts for the C-5 Aircraft, February 7, 2017, p. 8. https://media.defense.gov/2017/Feb/07/2001714317/-1/-1/1/DODIG-2017-053.pdf 10 Department of Defense Inspector General, The Air Force Did Not Adequately Determine or Document Fair and Reasonable Prices for Lot 7 Sole-Source Initial Spare Parts for the C-5 Aircraft, February 7, 2017, p. 10. https://media.defense.gov/2017/Feb/07/2001714317/-1/-1/1/DODIG-2017-053.pdf 11 Department of Defense Inspector General, U.S. Air Force Spent Billions on F117 Engine Sustainment Without Knowing What a Fair Price Was, March 11, 2016, p. i. https://media.defense.gov/2016/Mar/11/2001714219/-1/1/1/DODIG-2016-059.pdf 12 Department of Defense Inspector General, U.S. Air Force Spent Billions on F117 Engine Sustainment Without Knowing What a Fair Price Was, March 11, 2016, p. v. https://media.defense.gov/2016/Mar/11/2001714219/-1/1/1/DODIG-2016-059.pdf 13 Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. iv. http://www.pogoarchives.org/straus/dodig-f117engine-20150224.pdf Defense Logistics Agency Did Not Appropriately Determine Fair and Reasonable Prices for F108 Engine Sole-Source Commercial Parts (February 16, 2016) “The contracting officer did not request or obtain additional data necessary to determine if the maximum value contract price of nearly $1 billion was fair and reasonable” on the sole-source commercial contract.15 Defense Logistics Agency Aviation Generally Purchased Sole-Source Spare Parts From the General Electric Company at Fair and Reasonable Prices, but While prices were largely fair and reasonable, “the contracting officer did not adequately support the commercial item determinations [including missteps related to prior commercial determinations] for sole- 14 in pending contract negotiations.”14 “The contracting officer did not request additional data to support CFM’s proposed prices prior to acceptance. … CFM officials informed her multiple times they did not have cost data. Therefore, the contracting officer assumed she would not receive cost data if she requested the information.”16 The contracting officer also stated that she did not request the data “because she would have to elevate any denials, adding time to the contract award process. Further, the contracting officer stated that she was not willing to miss her contract award milestones.”17 “The contracting officer requested that GE provide other-thancertified cost or pricing Department of Defense Inspector General, U.S. Air Force Spent Billions on F117 Engine Sustainment Without Knowing What a Fair Price Was, March 11, 2016, p. 1. https://media.defense.gov/2016/Mar/11/2001714219/-1/1/1/DODIG-2016-059.pdf 15 Department of Defense Inspector General, Defense Logistics Agency Did Not Appropriately Determine Fair and Reasonable Prices for F108 Engine Sole-Source Commercial Parts, February 16, 2016, p. i. https://media.defense.gov/2018/Nov/08/2002061137/-1/-1/1/DODIG-2016-047%20(REDACTED).PDF 16 Department of Defense Inspector General, Defense Logistics Agency Did Not Appropriately Determine Fair and Reasonable Prices for F108 Engine Sole-Source Commercial Parts, February 16, 2016, p. 13. https://media.defense.gov/2018/Nov/08/2002061137/-1/-1/1/DODIG-2016-047%20(REDACTED).PDF 17 Department of Defense Inspector General, Defense Logistics Agency Did Not Appropriately Determine Fair and Reasonable Prices for F108 Engine Sole-Source Commercial Parts, February 16, 2016, p. 14. https://media.defense.gov/2018/Nov/08/2002061137/-1/-1/1/DODIG-2016-047%20(REDACTED).PDF Improvements Could Be Made (July 24, 2015) Improvements Needed on DoD Procurements from Robertson Fuel Systems (June 25, 2015) Defense Logistics Agency Did Not Obtain Fair and Reasonable Prices for Meggitt Aircraft Braking Systems for Sole-Source Commercial Spare Parts (May 8, 2015) 18 source spare parts. … As a result, the contracting officer may not obtain the appropriate cost or pricing data required to develop an effective bargaining position during future negotiations.”18 “Contracting officers applied the commercial item definition to items procured on Robertson sole-source contracts without evidence of commercial sales and without evidence that the item was of a type customarily used by the general public. This inhibited the contracting officers’ ability to develop an effective bargaining position and gave the contractor significant control in contract negotiations. In addition, DoD did not obtain the necessary data to determine if the $77 million it spent on these contracts was fair and reasonable.”20 Contracting officers relied on previous contract prices and did not adequately document that parts were commercial. “As a result, DLA potentially overpaid … approximately $8.5 million of $17 million paid for 32 sole-source commercial spare parts reviewed. In addition, DLA may overpay as much as $70.5 million on 47 of 51 parts over the remaining term of the contract. When projected across the contract for all 5 years, data,” which was obtained.19 “Contracting officers did not request, or Robertson refused to provide, other-thancertified cost or pricing data to support fair and reasonable price determinations. … After Robertson refused to provide additional cost data to support price reasonableness, ACC contracting officials elevated one contract to the Director, Defense Pricing.” The Director was able to get the company to provide additional information.21 “The contracting officer stated he did not request cost data from the MABS companies to further support the proposed prices of specific parts because the MABS companies had historically refused to provide cost data to DoD to support their Department of Defense Inspector General, Defense Logistics Agency Aviation Generally Purchased Sole-Source Spare Parts From the General Electric Company at Fair and Reasonable Prices, but Improvements Could Be Made, July 24, 2015, p. 4. https://media.defense.gov/2015/Jul/24/2001714150/-1/-1/1/DODIG-2015-153.pdf 19 Department of Defense Inspector General, Defense Logistics Agency Aviation Generally Purchased Sole-Source Spare Parts From the General Electric Company at Fair and Reasonable Prices, but Improvements Could Be Made, July 24, 2015, pp. 6, 10-11. https://media.defense.gov/2015/Jul/24/2001714150/-1/-1/1/DODIG-2015-153.pdf 20 Department of Defense Inspector General, Improvements Needed on DoD Procurements from Robertson Fuel Systems, June 25, 2015, p. i. https://media.defense.gov/2015/Jun/25/2001713514/-1/-1/1/DODIG-2015-137.pdf 21 Department of Defense Inspector General, Improvements Needed on DoD Procurements from Robertson Fuel Systems, June 25, 2015, p. 11. https://media.defense.gov/2015/Jun/25/2001713514/-1/-1/1/DODIG-2015-137.pdf U.S. Air Force May be Paying Too Much for F117 Engine Sustainment (December 22, 2014) 22 DLA will overpay approximately $106.8 of $294.9 million.”22 Pratt and Whitney refusing to provide information to evaluate F117 engine sustainment services meant the Air Force “does not know whether the $1.54 billion already spent … or if the estimated billions of dollars it intends to spend over the next 7 years is a fair and reasonable price.”24 The F117 engine sustainment contract was sole-source and commercial.25 commercial parts prices.”23 “[Air Force] contracting officials repeatedly requested commercial sales and cost data to support the price for F117 engine sustainment services. Pratt and Whitney repeatedly refused to provide it. To assist [Air Force] contracting officials, senior DoD and AF leadership requested this data but were also unsuccessful.”26 The IG also found that “Pratt and Whitney’s unwillingness to provide requested sales and cost data exploited the solesource situation and may have resulted in the AF paying unreasonable prices for F117 engine sustainment services.”27 When asked by the IG for cost data, Pratt and Whitney refused, arguing that such data could be used by the Air Force in forthcoming negotiations and Department of Defense Inspector General, Defense Logistics Agency Did Not Obtain Fair and Reasonable Prices for Meggitt Aircraft Braking Systems for Sole-Source Commercial Spare Parts, May 8, 2015, p. i. https://media.defense.gov/2015/May/08/2001713503/-1/-1/1/DODIG-2015-120.pdf 23 Department of Defense Inspector General, Defense Logistics Agency Did Not Obtain Fair and Reasonable Prices for Meggitt Aircraft Braking Systems for Sole-Source Commercial Spare Parts, May 8, 2015, p. 17. https://media.defense.gov/2015/May/08/2001713503/-1/-1/1/DODIG-2015-120.pdf 24 Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. i. https://media.defense.gov/2014/Dec/22/2001713454/-1/-1/1/DODIG-2015-058.pdf 25 Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. i. https://media.defense.gov/2014/Dec/22/2001713454/-1/-1/1/DODIG-2015-058.pdf 26 Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. 12. https://media.defense.gov/2014/Dec/22/2001713454/-1/-1/1/DODIG-2015-058.pdf 27 Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. 14. https://media.defense.gov/2014/Dec/22/2001713454/-1/-1/1/DODIG-2015-058.pdf Naval Supply Systems Command Needs to Improve Cost Effectiveness of Purchases for the Phalanx Close-In Weapon System (December 19, 2014) Air Force Life Cycle Management Center’s Management of F119 Engine Spare Parts Needs Improvement (December 19, 2014) Military Sealift Command Oversight of Excess Spare-Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships Needs Improvement (September 9, 2014) 28 requested that the IG not release its report until those negotiations concluded. The company also did not comply with a subpoena issued by the IG.28 In a sole-source commercial item ”Raytheon could not contract, the IG found that the Navy provide [unit price] data “may be overpaying Raytheon. In because of deficiencies addition … [The Navy] cannot in its accounting system quantify the work Raytheon and inability to track performed for the $69.6 million spent costs at the piece part on the current performance-based level.”30 logistics contract.” “Overall, our price-reasonableness analysis identified that [the Navy] would have potentially overpaid approximately $17.8 million net.”29 The Air Force may have been Pratt and Whitney could overcharged for $2.3 million in not provide prices for “obsolete spare parts,” on a sole4,433 spare parts in the source, 10-year contract to provide Air Force’s central 31 parts for the F119. repository or 6,186 parts in its operating base level inventory.32 Military Sealift Command “did not “MSC’s failure to review ensure that Patriot Contract Services PCS’s justification for the (PCS) had acceptable justifications for inadequate competition 13 spare-parts purchases not increased the risk that adequately competed. … MSC potentially overpaid for parts Department of Defense Inspector General, U.S. Air Force May Be Paying Too Much For F117 Engine Sustainment, December 22, 2014, p. 14. https://media.defense.gov/2014/Dec/22/2001713454/-1/-1/1/DODIG-2015-058.pdf 29 Department of Defense Inspector General, Naval Supply Systems Command Needs to Improve Cost Effectiveness of Purchases for the Phalanx Close-In Weapon System, December 19, 2014, p. i,6. https://media.defense.gov/2018/Jul/23/2001945902/-1/-1/1/DODIG-2015-053.PDF 30 Department of Defense Inspector General, Naval Supply Systems Command Needs to Improve Cost Effectiveness of Purchases for the Phalanx Close-In Weapon System, December 19, 2014, p. 11. https://media.defense.gov/2018/Jul/23/2001945902/-1/-1/1/DODIG-2015-053.PDF 31 Department of Defense Inspector General, Air Force Life Cycle Management Center’s Management of F119 Engine Spare Parts Needs Improvement, December 19, 2014, pp. 2, 15. https://www.muckrock.com/foi/unitedstates-of-america-10/dod-ig-air-force-life-cycle-management-centers-management-of-f119-engine-spare-partsneeds-improvement-15265/#file-52893 32 Department of Defense Inspector General, Air Force Life Cycle Management Center’s Management of F119 Engine Spare Parts Needs Improvement, December 19, 2014, p. 38. https://www.muckrock.com/foi/united-statesof-america-10/dod-ig-air-force-life-cycle-management-centers-management-of-f119-engine-spare-parts-needsimprovement-15265/#file-52893 Defense Logistics Agency Aviation Potentially Overpaid Bell Helicopter for Sole-Source Commercial Spare Parts (July 3, 2014) Defense Logistics Agency and Maritime Paid Too Much for High Mobility Multipurpose Wheeled Vehicle Repair Parts (April 4, 2014) 33 procured without adequate competition and paid about $63,674 more than [the Defense Supply System] price for 28 of 76 parts purchased.”33 “DLA potentially overpaid Bell about $9 million on 33 of 35 sole-source commercial spare parts reviewed. … DLA may overpay as much as $2.6 million over the next 12 months on future orders under this contract.”35 Potential overpayments were the result of the contracting officer not sufficiently determining whether the prices were fair and reasonable.36 Cost data was supplied to the IG only after a subpoena was issued to Bell, a power that isn’t available to the contracting officer. In a sole-source commercial contract “contracting officials paid an additional $26.3 million for escalation [labor] rates that were not supported” or request cost data before purchasing $563.2 million in parts. AM General credited DoD $1.62 million for overpayments MSC paid more than necessary.”34 “The Director [of the Defense Logistics Agency] explained that Bell has consistently refused to provide cost data for commercial parts; therefore, DLA does not believe they have the ability to obtain cost data.”37 Contracting officers did not request sales or cost data to analyze price reasonableness, instead relying on other “primary and secondary” sources.39 Department of Defense Inspector General, Military Sealift Command Oversight of Excess Spare-Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships Needs Improvement, September 9, 2014, p. i. https://media.defense.gov/2014/Sep/09/2001713398/-1/-1/1/DODIG-2014-106.pdf 34 Department of Defense Inspector General, Military Sealift Command Oversight of Excess Spare-Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships Needs Improvement, September 9, 2014, p. 16. https://media.defense.gov/2014/Sep/09/2001713398/-1/-1/1/DODIG-2014-106.pdf 35 Department of Defense Inspector General, Defense Logistics Agency Aviation Potentially Overpaid Bell Helicopter for Sole-Source Commercial Spare Parts, July 3, 2014, p. i. http://www.pogoarchives.org/straus/reports/fouo_dodig_2014_088_dla_aviation_bell_helicopter.pdf 36 Department of Defense Inspector General, Defense Logistics Agency Aviation Potentially Overpaid Bell Helicopter for Sole-Source Commercial Spare Parts, July 3, 2014, p. 4. http://www.pogoarchives.org/straus/reports/fouo_dodig_2014_088_dla_aviation_bell_helicopter.pdf 37 Department of Defense Inspector General, Defense Logistics Agency Aviation Potentially Overpaid Bell Helicopter for Sole-Source Commercial Spare Parts, July 3, 2014, p. 16. http://www.pogoarchives.org/straus/reports/fouo_dodig_2014_088_dla_aviation_bell_helicopter.pdf 39 Department of Defense Inspector General, Defense Logistics Agency Land and Maritime Paid Too Much for High Mobility Multipurpose Wheeled Vehicle Repair Parts, April 4, 2014, Summary. http://s3.amazonaws.com/fcmd/documents/documents/000/003/787/original/MacAndrews_and_Forbes__Humvee_Parts_Audit_DODIG_SUMMARY.pdf?1430853901 Ontic Engineering and Manufacturing Overcharged the Defense Logistics Agency for SoleSource Spare Parts (February 15, 2014) 38 related to $1.5 million in overpayments for parts.38 “DLA paid approximately $8 million more than is fair and reasonable for 21 sole-source spare parts [and] will spend approximately $11 million more than is fair and reasonable over the next 5 years if no change is made.”40 “DLA contracting officials did not obtain fair and reasonable prices for sole-source spare parts purchased from Ontic for 21 parts, valued at $26.2 million,” instead relying on “previous DoD purchase prices without determining the price reasonableness of the historical prices.”41 “Negotiations spanned 14 months and eventually were elevated to the DLA Division Chief and Ontic’s Director of Contracts, because Ontic failed to provide requested cost and pricing data in a timely manner. … DLA determined the price was not fair and reasonable but was the best attainable price and that further delays in awarding the contract jeopardized the readiness level of the Department of Defense Inspector General, Defense Logistics Agency Land and Maritime Paid Too Much for High Mobility Multipurpose Wheeled Vehicle Repair Parts, April 4, 2014, Summary. http://s3.amazonaws.com/fcmd/documents/documents/000/003/787/original/MacAndrews_and_Forbes__Humvee_Parts_Audit_DODIG_SUMMARY.pdf?1430853901 40 Department of Defense Inspector General, Ontic Engineering and Manufacturing Overcharged the Defense Logistics Agency for Sole-Source Spare Parts, February 15, 2014, p. i. https://media.defense.gov/2016/Apr/20/2001774183/-1/-1/1/DODIG-2014-110.pdf 41 Department of Defense Inspector General, Ontic Engineering and Manufacturing Overcharged the Defense Logistics Agency for Sole-Source Spare Parts, February 15, 2014, p. 3. https://media.defense.gov/2016/Apr/20/2001774183/-1/-1/1/DODIG-2014-110.pdf Air Force Life Cycle Management Center Could Not Identify Actual Cost of F119 Engine Spare Parts Purchased From Pratt and Whitney (February 10, 2014) A version of the report released to the Dayton Daily News reported the Air Force could not determine if it paid Pratt and Whitney fair and reasonable prices for F-22 Raptor engine parts as part of a sole-source cost-plus-fee $1.6 billion sustainment contract.43 U.S. Army Contracting Command Did Not Obtain Fair and Reasonable Prices for Communications Equipment (December 5, 2013) “[Army Contracting Command] potentially overpaid up to $3.3 million for communications equipment purchased for the Afghan National Security Forces,” because the contracting officer didn’t “obtain fair and reasonable prices” or “most 42 CH-53 Sea Stallion helicopter.”42 ”The [Air Force] requests and receives all cost or pricing data from Pratt and Whitney required to complete negotiations. However, the [Air Force] contracting officers did not take full advantage of the provided cost or pricing data, because [they] focused their negotiations on quantities of F119 engine spare parts rather than unit prices. … The contracting officers relied on full engine costs previously negotiated on a prior production contract rather than negotiating individual unit costs of F119 engine spare parts.”44 “The [Contracting Officer] assigned during the pre-award process requested commercial sales data from Datron for 298 items but accepted that Datron only provided data for Department of Defense Inspector General, Ontic Engineering and Manufacturing Overcharged the Defense Logistics Agency for Sole-Source Spare Parts, February 15, 2014, p. 17. https://media.defense.gov/2016/Apr/20/2001774183/-1/-1/1/DODIG-2014-110.pdf 43 Barrie Barber, “Defense department report questions amount spent on F-22 spare parts,” Dayton Daily News, October 10, 2014. https://www.daytondailynews.com/news/local-military/defense-department-report-questionsamount-spent-spare-parts/eai6LD0mTSRWGwb6nY48DI/; Department of Defense Inspector General, Air Force Life Cycle Management Center Could Not Identify Actual Cost of F119 Engine Spare Parts Purchased from Pratt and Whitney, February 10, 2014, p. 2. https://docs.pogo.org/document/2019/DOD+IG+report_searchable2.pdf 44 Department of Defense Inspector General, Air Force Life Cycle Management Center Could Not Identify Actual Cost of F119 Engine Spare Parts Purchased from Pratt and Whitney, February 10, 2014, p. 6. https://docs.pogo.org/document/2019/DOD+IG+report_searchable2.pdf favored customer price on 40 of 75 commercial sales items.”45 Improved Guidance Needed to Obtain Fair and Reasonable Prices for Sole-Source Spare Parts Procured By the Defense Logistics Agency From The Boeing Company (June 7, 2013) “DLA Aviation paid approximately $13.7 million in excess of fair and reasonable prices” on 1,469 delivery orders valued at $27.2 million for sole-source spare parts.48 The IG stated, “If prices are not corrected, DLA Aviation will continue to overpay on future sole-source spare parts procured from Boeing.49 Pricing and Escalation Issues Weaken the Effectiveness of the Army Contract with Sikorsky to Support the Corpus Christi Army Depot (September 8, 2011) “Sikorsky charged the Army $11.8 million or 51.4 percent more … than fair and reasonable for 28 parts. If prices are not corrected [Army] officials will pay excessive profits of approximately $16.6 million over the 45 23 items.”46 For 40 of 75 that had commercial customers, the government did not pay the lower commercial price. For one part, this resulted in an overpayment of $614,258.50 for manpack transceivers.47 DLA did not require its officers to conduct fair and reasonable price analyses, nor require reviews of pricing for long-term contracts. Boeing did not maintain complete cost and pricing data “because DLA Aviation contracting officers did not conduct adequate contract oversight as required by the FAR.”50 “Pricing problems also occurred because Sikorsky officials proposed, and AMCOM officials accepted, questionable cost or Department of Defense Inspector General, U.S. Army Contracting Command Did Not Obtain Fair and Reasonable Prices for Communications Equipment, December 5, 2013, p. i. https://media.defense.gov/2013/Dec/05/2001713324/-1/-1/1/DODIG-2014-020.pdf 46 Department of Defense Inspector General, U.S. Army Contracting Command Did Not Obtain Fair and Reasonable Prices for Communications Equipment, December 5, 2013, p. 5. https://media.defense.gov/2013/Dec/05/2001713324/-1/-1/1/DODIG-2014-020.pdf 47 Department of Defense Inspector General, U.S. Army Contracting Command Did Not Obtain Fair and Reasonable Prices for Communications Equipment, December 5, 2013, p. 8. https://media.defense.gov/2013/Dec/05/2001713324/-1/-1/1/DODIG-2014-020.pdf 48 Department of Defense Inspector General, Improved Guidance Needed to Obtain Fair and Reasonable Prices for Sole-Source Spare Parts Procured By the Defense Logistics Agency From The Boeing Company, June 7, 2013, p. i. https://media.defense.gov/2017/Oct/31/2001835927/-1/-1/1/DODIG-2013-090.PDF 49 Department of Defense Inspector General, Improved Guidance Needed to Obtain Fair and Reasonable Prices for Sole-Source Spare Parts Procured By the Defense Logistics Agency From The Boeing Company, June 7, 2013, p. 4. https://media.defense.gov/2017/Oct/31/2001835927/-1/-1/1/DODIG-2013-090.PDF 50 Department of Defense Inspector General, Improved Guidance Needed to Obtain Fair and Reasonable Prices for Sole-Source Spare Parts Procured By the Defense Logistics Agency From The Boeing Company, June 7, 2013, pp. 3, 4. https://media.defense.gov/2017/Oct/31/2001835927/-1/-1/1/DODIG-2013-090.PDF remaining 2 years of the contract.”51 This contract was for “noncompetitive spare parts.”52 Sikorsky agreed to refund $1 million for certain overpriced spare parts in this case. Excess Inventory and Contract Pricing Problems Jeopardize the Army Contract with Boeing to Support the Corpus Christi Army Depot (May 3, 2011) 51 pricing data that had no relationship to the actual price Sikorsky negotiated with its subcontractors.” Additionally, “Sikorsky officials proposed, and [Army] officials accepted, questionable cost or pricing data that had no relationship to the actual price Sikorsky negotiated with its subcontractors.” 53 “Boeing charged the Army about $13 “Neither the Army nor million or 131.5 percent more ($23 Boeing officials million versus $10 million) than fair performed adequate and reasonable prices for the 18 cost or price analyses to parts. During the audit, Boeing issued establish the the Army a credit for $324,616 for reasonableness of the one of the defectively priced parts. proposed subcontract After [the IG] issued the draft report, prices that were used to Boeing provided additional refunds of support negotiated about $1.3 million.”54 prices. … Boeing officials routinely proposed, and [Army] officials accepted, egregiously deficient cost or pricing data.”55 Boeing furnished outdated prices for quantities of one and “certified cost or pricing data that were not complete, accurate, Department of Defense Inspector General, Pricing and Escalation Issues Weaken the Effectiveness of the Army Contract with Sikorsky to Support the Corpus Christi Army Depot, September 8, 2011, p. i. https://media.defense.gov/2011/Sep/08/2001712905/-1/-1/1/11-104redacted.pdf 52 Department of Defense Inspector General, Pricing and Escalation Issues Weaken the Effectiveness of the Army Contract with Sikorsky to Support the Corpus Christi Army Depot, September 8, 2011, p. 4. https://media.defense.gov/2011/Sep/08/2001712905/-1/-1/1/11-104redacted.pdf 53 Department of Defense Inspector General, Pricing and Escalation Issues Weaken the Effectiveness of the Army Contract with Sikorsky to Support the Corpus Christie Army Depot, September 8, 2011, p. 4. https://media.defense.gov/2011/Sep/08/2001712905/-1/-1/1/11-104redacted.pdf 54 Department of Defense Inspector General, Excess Inventory and Contract Pricing Problems Jeopardize the Army Contract with Boeing to Support the Corpus Christi Army Depot, May 3, 2011, p. i. https://assets.documentcloud.org/documents/204808/full-unredacted-dod-office-of-inspector-general.pdf 55 Department of Defense Inspector General, Excess Inventory and Contract Pricing Problems Jeopardize the Army Contract with Boeing to Support the Corpus Christi Army Depot, May 3, 2011, p. 26. https://www.documentcloud.org/documents/204808-full-unredacted-dod-office-of-inspector-general Lean Six Sigma Project – Defense Logistics Agency/Honeywell LongTerm Contract Model Using OnePass Pricing for Sole-Source Parts (February 18, 2011) Procuring Noncompetitive Spare Parts Through an Exclusive Distributor (February 6, 2008) Procurement of Propeller Blade Heaters for the C-130 Aircraft (August 27, 2007) 56 In a sole-source spare parts contract, repricing based on advice from DLA Cost/Price, DoD IG, DCAA, and DECMA led to being able to reduce prices by about $9.5 million or 9.4 percent for future procurements.57 “DoD contracting officers were unable to effectively negotiate prices or obtain best value for noncompetitive spare parts procured through Dutch Valley Supply. As a result, DoD paid about $3.0 million (75.0 percent) more than the fair and reasonable prices for 33 parts that cost about $6.9 million. … If problems are not addressed, DoD will pay about $17.8 million more than fair and reasonable prices for the same items over the next 6 years.”59 “We calculate [DoD] could have achieved cost savings of about $2 million for the Air Force and the and current at the time of the material certification cutoff date (seven parts).”56 The price reduction was due to access to Honeywell sales data as well as other pricing data.58 “Dutch Valley Supply did not negotiate prices proposed by singlesource manufacturers unless DoD contracting officers questioned the reasonableness of the price.”60 “DoD contracting officers primarily relied on ineffective tools such as price analysis, cost analysis of dealer costs, and dealer competition to support price reasonableness decisions.”61 “Sundstrand refused to negotiate catalog prices for commercial items Department of Defense Inspector General, Excess Inventory and Contract Pricing Problems Jeopardize the Army Contract with Boeing to Support the Corpus Christi Army Depot, May 3, 2011, p. 26. https://www.documentcloud.org/documents/204808-full-unredacted-dod-office-of-inspector-general 57 Department of Defense Inspector General, Lean Six Sigma Project – Defense Logistics Agency/Honeywell LongTerm Contract Model Using One-Pass Pricing for Sole-Source Parts, p. i https://media.defense.gov/2011/Feb/18/2001712196/-1/-1/1/D-2011-042.pdf; Department of Defense Inspector General, Semiannual Report to the Congress, October 1, 2010-March 31, 2011, p. 97. https://www.dodig.mil/Portals/48/Documents/SAR/SAR-1-oct-2010-31-mar-2011.pdf?ver=2017-02-02-152055667 58 Department of Defense Inspector General, Lean Six Sigma Project – Defense Logistics Agency/Honeywell LongTerm Contract Model Using One-Pass Pricing for Sole-Source Parts, pp. 8, 15 https://media.defense.gov/2011/Feb/18/2001712196/-1/-1/1/D-2011-042.pdf 59 Department of Defense Inspector General, Procuring Noncompetitive Spare Parts Through an Exclusive Distributor, February 6, 2008, pp. i-ii. https://media.defense.gov/2008/Feb/06/2001713062/-1/-1/1/08-048.pdf 60 Department of Defense Inspector General, Procuring Noncompetitive Spare Parts Through an Exclusive Distributor, February 6, 2008, p. 8. https://media.defense.gov/2008/Feb/06/2001713062/-1/-1/1/08-048.pdf 61 Department of Defense Inspector General, Procuring Noncompetitive Spare Parts Through an Exclusive Distributor, February 6, 2008, p. 4. https://media.defense.gov/2008/Feb/06/2001713062/-1/-1/1/08-048.pdf taxpayer, if the blade heater requirement had been competed when two approved sources became available. We also calculate that the Air Force will pay $1 million more than necessary.”62 Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation (September 29, 2006) 62 DoD paid prices “significantly higher than the prices paid by some commercial customers,” including $15.05 for a straight pin sold to others for $3.88 and $85.02 for an insulation sleeve that had previously cost $8.51.64 The $860 million solesource commercial item contract was for a period of nine years.65 The IG found questionable commercial item determinations on “basically all” spare parts that exempted Hamilton Sundstrand from submitting cost or pricing data.66 The IG stated, “This strategy places the Government at high risk of paying excessive prices and profits and precludes good based on price analysis of previous cost-based prices, refused to provide DLA contracting officers with ‘uncertified’ cost or pricing data for commercial catalog items, and terminated Government access to the Sundstrand cost history system.”63 The IG said it had “fundamental differences” with the Air Force’s commercial pricing strategy, specifically that it was inappropriate to “enter into or proceed with a strategic supplier initiative with a contractor that refuses to provide DoD contracting officers cost information when requested.”68 The result was that the DoD was “forced to rely primarily on price analysis of previous Government prices that had been Department of Defense Inspector General, Procurement of Propeller Blade Heaters for the C-130 Aircraft, August 27, 2007, p. ii. https://media.defense.gov/2007/Aug/27/2001711995/-1/-1/1/07-119.pdf 63 Department of Defense Inspector General, Procurement of Propeller Blade Heaters for the C-130 Aircraft, August 27, 2007, p. 33. https://media.defense.gov/2007/Aug/27/2001711995/-1/-1/1/07-119.pdf 64 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, pp. 37, 41. https://www.documentcloud.org/documents/6140126DoD-IG-Report-Hamilton-Sundstrand.html 65 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, p. i. https://www.documentcloud.org/documents/6140126-DoD-IGReport-Hamilton-Sundstrand.html 66 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, p. i. https://www.documentcloud.org/documents/6140126-DoD-IGReport-Hamilton-Sundstrand.html 68 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, p. iii. https://www.documentcloud.org/documents/6140126-DoDIG-Report-Hamilton-Sundstrand.html fiduciary responsibility for DoD funds.”67 Spare Parts Procurements from TransDigm, Inc. (February 23, 2006) 67 “This audit was initiated in response to a Defense Hotline allegation that AeroControlex was charging the Defense Logistics Agency excessive prices and using the commercial item definition to avoid the Federal requirement to provide cost or pricing data.”70 The IG stated that if the “problems are not addressed, the Defense Logistics Agency will pay about $31.8 million more than fair and reasonable prices for the same items over the next 6 years.”71 determined not to be fair and reasonable by DLA and on previous audits.”69 “After the commercial determination was made, AeroControlex refused to provide more detailed cost data to support the substantial price increase.”72 “When contracting officers requested information other than cost or pricing data to support substantial price increases, TransDigm routinely refused to provide the requested data.”73 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, pp. ii. https://www.documentcloud.org/documents/6140126-DoDIG-Report-Hamilton-Sundstrand.html 69 Department of Defense Inspector General, Commercial Contract for Noncompetitive Spare Parts With Hamilton Sundstrand Corporation, September 29, 2006, p. 15. https://www.documentcloud.org/documents/6140126-DoDIG-Report-Hamilton-Sundstrand.html 70 Department of Defense Inspector General, Spare Parts Procurements from TransDigm, Inc., February 23, 2006, p. i. https://media.defense.gov/2018/Oct/10/2002049899/-1/-1/1/D-2006-055.PDF 71 Department of Defense Inspector General, Spare Parts Procurements from TransDigm, Inc., February 23, 2006, p. 3. https://media.defense.gov/2018/Oct/10/2002049899/-1/-1/1/D-2006-055.PDF 72 Department of Defense Inspector General, Spare Parts Procurements from TransDigm, Inc., February 23, 2006, pp. 10-11. https://media.defense.gov/2018/Oct/10/2002049899/-1/-1/1/D-2006-055.PDF 73 Department of Defense Inspector General, Spare Parts Procurements from TransDigm, Inc., February 23, 2006, p. 15. https://media.defense.gov/2018/Oct/10/2002049899/-1/-1/1/D-2006-055.PDF